5–20–10 Vol. 75 No. 97 Thursday May 20, 2010 Pages 28181–28462

5–20–10 Thursday Vol. 75 No. 97 May 20, 2010

Pages 28181–28462

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Contents Federal Register Vol. 75, No. 97

Thursday, May 20, 2010

Agency for Healthcare Research and Quality NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28275–28276 Submissions, and Approvals, 28255–28257 Commerce Department Agricultural Marketing Service See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Product Safety Commission Cotton Classification and Market News Service, 28231– PROPOSED RULES 28232 Conditions and Requirements for Testing Component Parts Cotton Classing, Testing and Standards, 28231 of Consumer Products, 28208–28221 Testing and Labeling Pertaining to Product Certification, Agriculture Department 28336–28366 See Agricultural Marketing Service NOTICES See Animal and Plant Health Inspection Service Meetings; Sunshine Act, 28240 See Forest Service See Grain Inspection, Packers and Stockyards Defense Department Administration PROPOSED RULES Federal Acquisition Regulation; Terminating Contracts, Animal and Plant Health Inspection Service 28228–28229 RULES NOTICES Importation of Tomatoes From Souss–Massa–Draa, Privacy Act; Systems of Records, 28240–28244 Morocco; Technical Amendment, 28187–28188 NOTICES Environmental Assessments; Availability, etc.: Education Department Biological Control Agent for Asian Citrus Psyllid, 28233– NOTICES 28234 Agency Information Collection Activities; Proposals, Biological Control Agent for Hemlock Woolly Adelgid, Submissions, and Approvals, 28244–28245 28232–28233 Employment and Training Administration Antitrust Division NOTICES NOTICES Affirmative Determination Regarding Application for Pursuant to the National Cooperative Research and Reconsideration: Production Act of 1993: Parkdale Mills (Formerly Hanesbrands, Inc.), Galax, VA, Applied Nanotechnology Consortium, 28294–28295 28295 Interchangeable Virtual Instruments Foundation, Inc., Amended Certification Regarding Eligibility to Apply for 28294 Worker Adjustment Assistance: PXI Systems Alliance, Inc., 28294 Avaya Inc., Worldwide Services Group, Global Support Services Organization, et al., Highlands Ranch, CO, Centers for Disease Control and Prevention 28298 NOTICES Clark Engineering Co., Inc., et al., Owosso, MI, 28296 Meetings: Cummins Filtration, et al., Lake Mills, IA, 28295–28296 Disease, Disability, and Injury Prevention and Control Denso Manufacturing of Michigan, et al., Battle Creek, Special Emphasis Panel, 28261–28262 MI, 28296 Federal–Mogul, et al., Summerton, SC, 28295 Civil Rights Commission Ovonic Energy Products, et al., Springboro, OH, 28297 NOTICES Rexnord Industries, LLC, Industrial Chain and Conveyor Meetings; Sunshine Act, 28234–28235 Division, et al., West Milwaukee, WI, 28297–28298 Sychip, Inc., et al., Plano, TX, 28297 Coast Guard Determinations Regarding Eligibility to Apply for Worker RULES Adjustment Assistance, 28298–28302 Safety Zones: Negative Determination Regarding Application for San Clemente 3 NM Safety Zone, San Clemente Island, Reconsideration: CA, 28194–28200 American Food and Vending, Spring Hill, TN, 28302– Washington State Department of Transportation Ferries 28303 Division Marine Rescue Response Full-Scale Revised Determination on Reconsideration: Exercise, etc., 28200–28202 Setco Automotive, Inc., Paris, TN, 28303 Security Zones: Escorted U.S. Navy Submarines in Sector Seattle Captain Employment Standards Administration of Port Zone, 28202–28204 See Wage and Hour Division

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Engraving and Printing Bureau Federal Railroad Administration NOTICES NOTICES Meaningful Access to United States Currency for Blind and Buy America Waiver Request by Oregon Department of Visually Impaired Persons, 28331–28334 Transportation: Steel Roof Tiles to be Used in Union Station Roof Rehabilitation, 28316–28317 Environmental Protection Agency PROPOSED RULES Federal Reserve System National Emission Standards for Hazardous Air Pollutants: NOTICES Gold Mine Ore Processing and Production Area Source Formations of, Acquisitions by, and Mergers of Bank Category and Addition to Source Category List for Holding Companies, 28250 Standards, 28227 Prevention of Significant Deterioration and Nonattainment Fish and Wildlife Service New Source Review: NOTICES Aggregation, 28227 Endangered Wildlife and Plants: NOTICES Permits, 28278 Petititons Received: Massachusetts Marine Sanitation Device Standard, Food and Drug Administration 28245–28247 NOTICES Draft Guidance for Industry, Third Parties and Food and Executive Office of the President Drug Administration Staff: Medical Device Voluntary Audit Report Submission See Presidential Documents Program; Availability, 28257–28260 Preventive Controls for Fresh Produce; Request for Federal Aviation Administration Comments; Extension of the Comment Period, 28263– RULES 28264 Airworthiness Directives: General Electric Company CF34 –1A, –3A, –3A1, –3A2, Forest Service –3B, and –3B1 Turbofan Engines; Correction, 28188 NOTICES NOTICES Meetings: Meetings: Eleven Point Resource Advisory Committee, 28234 EUROCAE WG–72; RTCA Special Committee 216; Aeronautical Systems Security (Joint Meeting), 28319 General Services Administration RTCA Special Committee 159; Global Positioning System, PROPOSED RULES 28318 Federal Acquisition Regulation; Terminating Contracts, 28228–28229 NOTICES Federal Communications Commission Computer Matching Program, 28252–28253 RULES Federal Management Regulation; GSA Bulletin (FMR B–26), Establishment of an Emergency Response Interoperability 28253 Center, 28206–28207 Privacy Act; Systems of Records, 28253–28254 NOTICES Agency Information Collection Activities; Proposals, Grain Inspection, Packers and Stockyards Administration Submissions, and Approvals, 28247–28248 NOTICES Comment Sought on Measures Designed to Assist U.S. Agency Information Collection Activities; Proposals, Wireless Consumers to Avoid ‘‘Bill Shock’’, 28249– Submissions, and Approvals: 28250 Clear Title Program, 28230–28231 Health and Human Services Department Federal Highway Administration See Agency for Healthcare Research and Quality NOTICES See Centers for Disease Control and Prevention Final Federal Agency Actions on Proposed Highways in See Food and Drug Administration Michigan, 28317–28318 See Health Resources and Services Administration See National Institutes of Health Federal Maritime Commission See Substance Abuse and Mental Health Services NOTICES Administration Ocean Transportation Intermediary License; Applicants, 28250–28251 Health Resources and Services Administration Ocean Transportation Intermediary License; Recission of NOTICES Order of Revocation, 28251–28252 Part C Early Intervention Services Grant Under the Ryan Ocean Transportation Intermediary License; Reissuance, White HIV/AIDS Program, 28263 28252 Ocean Transportation Intermediary License; Revocation, Homeland Security Department 28252 See Coast Guard See U.S. Customs and Border Protection NOTICES Federal Mine Safety and Health Review Commission Meetings: PROPOSED RULES Homeland Security Science and Technology Advisory Simplified Proceedings, 28223–28227 Committee, 28275

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Indian Affairs Bureau Intent to Extend Calls for Nominations: NOTICES Dominguez–Escalante National Conservation Area Judgment Fund Distribution: Advisory Council, 28280 Deadline for Submission of Applications to be Included Proposed Withdrawal Extension and Public Meeting: on Roll of Western Shoshone Identifiable Group of Oregon, 28281–28282 Indians, 28280–28281 Realty Actions: Opening of Public Lands; Arizona, 28283 Interior Department Recreation and Public Purposes Act Classification; Lease See Fish and Wildlife Service and Conveyance of Public Land; Arizona, 28282– See Indian Affairs Bureau 28283 See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Maritime Administration RULES Internal Revenue Service Administrative Waivers of Coastwise Trade Laws: NOTICES New Definition for Eligible Vessel, 28205–28206 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28322–28331 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission International Trade Administration NOTICES Export Trade Certificate of Review, 28235 National Aeronautics and Space Administration Extension of Final Results of Antidumping Duty PROPOSED RULES Administrative Review: Federal Acquisition Regulation; Terminating Contracts, Certain Frozen Warmwater Shrimp from the People’s 28228–28229 Republic of China, 28235–28236 Preliminary Affirmative Determination of Critical National Highway Traffic Safety Administration Circumstances: NOTICES Certain Magnesia Carbon Bricks from the People’s Petition for Decision of Inconsequential Noncompliance: Republic of China, 28237–28239 Yokohama Tire Corp., 28319–28321

International Trade Commission National Institutes of Health NOTICES NOTICES Investigations: Meetings: Certain DC–DC Controllers and Products Containing Center for Scientific Review, 28261 Same, 28283–28284 National Center for Research Resources, 28262 Certain Energy Drink Products, 28285–28286 National Center on Minority Health and Health Certain Voltage Regulators, Components Thereof and Disparities, 28262–28263 Products Containing the Same, 28284–28285 National Heart, Lung, and Blood Institute, 28260–28261 Meetings; Sunshine Act, 28286 National Institute of Allergy and Infectious Diseases, 28260 Justice Department National Institute of Arthritis and Musculoskeletal and See Antitrust Division Skin Diseases, 28260 See Juvenile Justice and Delinquency Prevention Office Office of the Director, National Institutes of Health, 28262 See Parole Commission National Oceanic and Atmospheric Administration Juvenile Justice and Delinquency Prevention Office NOTICES NOTICES Marine Mammals; File No. 13602: Final Plan (Fiscal Year 2010), 28287–28294 Application for Permit Amendment, 28236–28237 Receipt of Applications: Labor Department Marine Mammals, 28239–28240 See Employment and Training Administration See Labor–Management Standards Office Nuclear Regulatory Commission See Wage and Hour Division NOTICES Labor–Management Standards Office Meetings; Sunshine Act, 28303–28304 RULES Notification of Employee Rights Under Federal Labor Laws, Parole Commission 28368–28402 PROPOSED RULES Paroling, Recommitting, and Supervising Federal Prisoners: Land Management Bureau Prisoners Serving Sentences Under the United States and NOTICES District of Columbia Codes, 28221–28222 Amendment to Notice of Realty Action: Competitive Online Auction of Public Lands in Clark Pension Benefit Guaranty Corporation County, Nevada, 28278 NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Hyder Valley Solar Energy Project, Maricopa County, AZ, Submissions, and Approvals: 28279 Payment of Premiums, 28304–28305

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Personnel Management Office Surface Transportation Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Abandonment Exemption: Submissions, and Approvals, 28305 CSX Transportation, Inc., Vigo County, IN, 28315–28316 Excepted Service, 28306–28307 Meetings: Transportation Department National Council on Federal Labor–Management See Federal Aviation Administration Relations, 28307 See Federal Highway Administration Privacy Act; Systems of Records, 28307–28310 See Federal Railroad Administration See Maritime Administration Postal Service See National Highway Traffic Safety Administration RULES See Surface Transportation Board Penalties and Other Law: Conduct on Postal Property, 28204–28205 Treasury Department See Engraving and Printing Bureau Presidential Documents See Internal Revenue Service NOTICES PROCLAMATIONS Agency Information Collection Activities; Proposals, Special Observances: Submissions, and Approvals, 28321–28322 Armed Forces Day (Proc. 8522), 28185–28186 National Defense Transportation Day and National U.S. Customs and Border Protection Transportation Week (Proc. 8520), 28181–28182 NOTICES World Trade Week (Proc. 8521), 28183–28184 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission NAFTA Regulations and Certificate of Origin, 28276– NOTICES 28277 Meetings; Sunshine Act, 28313 Self-Regulatory Organizations; Proposed Rule Changes: Wage and Hour Division International Securities Exchange, LLC, 28314–28315 RULES Child Labor Regulations, Orders and Statements of Small Business Administration Interpretation, 28404–28461 NOTICES Disaster Declaration: Alabama, 28313 Separate Parts In This Issue Florida, 28310–28311 Kentucky, 28311–28312 Part II Mississippi, 28313 Consumer Product Safety Commission, 28336–28366 New Hampshire, 28312–28313 South Dakota, 28311–28312 Part III Labor Department, Labor–Management Standards Office, State Department 28368–28402 RULES Schedule of Fees for Consular Services, Department of State Part IV and Overseas Embassies and Consulates, 28188–28194 Labor Department, Wage and Hour Division, 28404–28461

Substance Abuse and Mental Health Services Administration Reader Aids Consult the Reader Aids section at the end of this page for NOTICES phone numbers, online resources, finding aids, reminders, Privacy Act; Systems of Records, 28264–28275 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Surface Mining Reclamation and Enforcement Office LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency Information Collection Activities; Proposals, archives, FEDREGTOC-L, Join or leave the list (or change Submissions, and Approvals, 28277–28278 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8520...... 28181 8521...... 28183 8522...... 28185 7 CFR 319...... 28187 14 CFR 39...... 28188 16 CFR Proposed Rules: 1107...... 28336 1109...... 28208 22 CFR 22...... 28188 28 CFR Proposed Rules: 2...... 28221 29 CFR 471...... 28368 570...... 28404 579...... 28404 Proposed Rules: 2700...... 28223 33 CFR 165 (3 documents) ...... 28194, 28200, 28202 39 CFR 232...... 28204 40 CFR Proposed Rules: 9...... 28227 51...... 28227 52...... 28227 63...... 28227 46 CFR 388...... 28205 47 CFR 0...... 28206 48 CFR Proposed Rules: 49...... 28228

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Federal Register Presidential Documents Vol. 75, No. 97

Thursday, May 20, 2010

Title 3— Proclamation 8520 of May 14, 2010

The President National Defense Transportation Day and National Transpor- tation Week, 2010

By the President of the United States of America

A Proclamation

The transportation networks of early America connected our rapidly growing Nation with natural waterways and dirt roads, making travel difficult and time-consuming. In the time since, undeveloped paths have given way to iron and concrete thoroughfares, and our modern transportation system has profoundly shaped our landscape, communities, commerce, and culture. During National Defense Transportation Day and National Transportation Week, we reaffirm the importance of an advanced transportation infrastructure to our Nation’s economy and security, and we thank the dedicated men and women who build and maintain it. In times of peace and national crisis, efficient roads, rails, ports, and airports play a vital role in keeping us safe by enabling the rapid movement of people and resources. The devoted professionals who design and manage this infrastructure help ensure America has a world-class logistics and transportation system to support our military readiness and emergency response capabilities. Our Nation’s transportation arteries make our economy more efficient, promoting economic growth, the lifeblood of commerce. The Department of Transportation is working closely with State, local, and tribal governments to ensure billions in transportation funds from the American Recovery and Reinvestment Act of 2009 are used to improve infrastructure across America. Through Recovery Act projects, we are repairing crumbling infrastructure, expanding transit capacity, and modernizing our transportation system to meet national security standards and the needs of a 21st-century economy. The ability to travel effectively also strengthens us as a people. President Eisenhower’s creation of our interstate highway system over 50 years ago revolutionized channels of economic and social mobility, drew together distant areas of our Nation, and helped us maneuver through dense metropoli- tan areas. Today, smart, sustainable development, coupled with quality public transportation, has created more livable and environmentally sustainable communities for all to enjoy. By reducing isolation and bringing neighborhoods together, we can continue to increase access to good jobs, affordable housing, safe streets and parks, and a healthy food supply. Working together to upgrade our Nation’s transportation infrastructure, we will lay a new foundation for long-term growth, security, and prosperity in America and give future generations a transportation system that is second to none. To recognize the importance of transportation and the Americans who work to meet our transportation needs, the Congress has requested, by joint resolution approved May 16, 1957, as amended (36 U.S.C. 120), that the President designate the third Friday in May of each year as ‘‘National Defense Transpor- tation Day,’’ and, by joint resolution approved May 14, 1962, as amended (36 U.S.C. 133), that the week during which that Friday falls be designated as ‘‘National Transportation Week.’’

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NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim Friday, May 21, 2010, as National Defense Transportation Day and the week of May 16 through May 22, 2010, as National Transportation Week. I call upon all Americans to recognize the importance of our Nation’s transportation system and to acknowledge the contributions of the men and women who support this critical sector. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.

[FR Doc. 2010–12263 Filed 5–19–10; 8:45 am] Billing code 3195–W0–P

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Proclamation 8521 of May 12, 2010

World Trade Week, 2010

By the President of the United States of America

A Proclamation

For our Nation to compete and win in the 21st century, we must rebuild our economy on a stronger, more balanced foundation. Part of that effort will require us to boost our exports, which are critical for our long-term prosperity and which support millions of American jobs. World Trade Week is an opportunity for us to reaffirm the importance of trade to our Nation’s continued economic recovery and growth. Our Nation is still emerging from an unprecedented economic crisis. Millions of Americans have lost their jobs and millions more remain underemployed, limited to part-time work or odd jobs. To help them, we must do all we can to spur job creation and restore economic security. Producing and exporting more goods and services is essential to strengthening our ability to compete for customers outside our borders. My Administration is proud to launch the National Export Initiative, a comprehensive strategy to promote American exports. This initiative brings senior Government officials together with leaders from the private sector to increase trade opportunities for businesses of all sizes, including individual entrepreneurs. To ensure American companies have free and fair access to global markets, we are enforcing existing trade agreements, addressing issues in pending agreements, and forging new ones that protect our businesses, workers, consumers, and environment. We are also opening new markets and encouraging development with trade preference programs. These steps will bring us closer to accomplishing the ambitious goal I set in this year’s State of the Union address to double our Nation’s exports over the next five years. As we pursue measures to safeguard our future prosperity, we must remember that we still have the most innovative and productive workers in the world. We have the most dynamic and competitive economy, and we remain the top exporter of goods and services. As other nations and markets grow, our leadership will not be guaranteed. Yet, our success has never been guaranteed. It has been forged through decades of hard work, ingenuity, optimism, and common purpose. This week, let us renew the enduring principles that have driven our Nation to the forefront of human progress. With our ships, trucks, trains, planes, and fiber optic lines, we will send our goods and services to every corner of the globe. Together, we will make this new century an American century yet again, and secure a bright future for generations to come. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 16 through May 22, 2010, as World Trade Week. I encourage all Americans to observe this week with events, trade shows, and educational programs that celebrate the benefits of trade to our Nation, American workers, and the global economy.

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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.

[FR Doc. 2010–12264 Filed 5–19–10; 8:45 am] Billing code 3195–W0–P

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Proclamation 8522 of May 14, 2010

Armed Forces Day, 2010

By the President of the United States of America

A Proclamation

America’s Armed Forces represent the very best of our national character. They have answered the call to defend our Nation, and their service and sacrifice humble us all. On Armed Forces Day, we pay tribute to these patriots who risk their lives, sometimes giving their last full measure of devotion, to preserve the vision of our forebears and the freedoms we enjoy. Our service members carry on the proud traditions of duty and valor that have sustained us from our earliest days of independence. Today, we have the greatest military force in the history of the world because we have the finest personnel in the world. Wherever they are needed, from Iraq and Afghanistan to right here at home, they are serving and protecting our Nation. We owe our Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen more than our gratitude; we owe them our support. That is why my Administration is committed to ensuring they have the strategy, clear mission, and equipment they need to get the job done, and the resources they deserve when they come home. We are also increasing support for military spouses and families who must deal with the stress and separation of war. Today, let us raise our flags high to honor the service members who keep us safe, as we reaffirm our commitment to fulfill our duty to them. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, and Commander in Chief of the Armed Forces of the United States, continuing the precedent of my predecessors in office, do hereby proclaim the third Saturday of each May as Armed Forces Day. I direct the Secretary of Defense on behalf of the Army, Navy, Air Force, Marine Corps, and the Secretary of Homeland Security on behalf of the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for soliciting the participation and cooperation of civil authorities and private citizens. I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to increase public understanding and appreciation of the Armed Forces of the United States. I also invite veterans, civic, and other organizations to join in the observance of Armed Forces Day each year. Finally, I call upon all Americans to display the flag of the United States at their homes on Armed Forces Day, and I urge citizens to learn more about military service by attending and participating in the local observances of the day. I also encourage Americans to volunteer at organizations that provide support to our troops. Proclamation 8380 of May 14, 2009, is hereby superseded.

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[FR Doc. 2010–12267 Filed 5–19–10; 8:45 am] Billing code 3195–W0–P

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Rules and Regulations Federal Register Vol. 75, No. 97

Thursday, May 20, 2010

This section of the FEDERAL REGISTER Regulations, Permits, and Manuals, ■ a. In paragraph (c)(1), by removing the contains regulatory documents having general PPQ, APHIS, 4700 River Road Unit 156, words ‘‘the Moroccan Ministry of applicability and legal effect, most of which Riverdale, MD 20737-1231; (301) 734- Agriculture, Division of Plant are keyed to and codified in the Code of 0773. Protection, Inspection, and Enforcement Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: In a final (DPVCTRF)’’ and adding the words ‘‘the rule published in the Federal Register national plant protection organization The Code of Federal Regulations is sold by on November 2, 2009 (74 FR 56523- (NPPO) of Morocco’’ in their place. the Superintendent of Documents. Prices of 56526, Docket No. APHIS-2008-0017), ■ b. In paragraph (c)(3), by removing the new books are listed in the first FEDERAL and effective on December 2, 2009, we REGISTER issue of each week. word ‘‘DPVCTRF’’ and adding the words amended the regulations in ‘‘Subpart— ‘‘the NPPO of Morocco’’ in its place. Fruits and Vegetables’’ (7 CFR 319.56-1 ■ c. In paragraph (c)(4), by removing the through 319.56-50) to allow the DEPARTMENT OF AGRICULTURE ‘‘ ’’ importation of commercial shipments of word DPVCTRF and adding the words ‘‘The NPPO of Morocco’’ in its place. Animal and Plant Health Inspection tomatoes from the Souss-Massa-Draa Service region of Morocco subject to a systems ■ d. In paragraph (c)(7), by removing, in approach similar to that which is the first sentence, the words ‘‘The 7 CFR Part 319 already in place in that section for Moroccan Ministry of Agriculture, Fresh tomatoes imported into the United Product Export (EACCE)’’ and adding [Docket No. APHIS-2008-0017] States from other areas within Morocco. the words ‘‘The national plant RIN 0579-AC77 These conditions, which we established protection organization of Morocco in § 319.56-28, require, among other (NPPO)’’ in their place; and by Importation of Tomatoes From Souss- things, that the Moroccan Ministry of removing, in the second sentence, the Massa-Draa, Morocco; Technical Agriculture’s Division of Plant word ‘‘EACCE’’ and adding the words Amendment Protection, Inspection, and Enforcement ‘‘the NPPO of Morocco’’ in its place. (DPVCTRF) inspect and monitor AGENCY: Animal and Plant Health ■ e. In paragraph (g)(1), by removing, in production sites, and set and maintain Inspection Service, USDA. the first sentence, the words ‘‘the Mediterranean fruit fly traps during the ACTION: Final rule; technical tomato shipping season. In addition, the Moroccan Ministry of Agriculture, amendment. Moroccan Ministry of Agriculture, Fresh Division of Plant Protection, Inspection, Product Export (EACCE), is responsible and Enforcement (DPVCTRF)’’ and SUMMARY: In a final rule published in adding the words ‘‘the national plant the Federal Register on November 2, for export certification, inspection, and issuance of phytosanitary certificates. protection organization (NPPO) of 2009, and effective on December 2, Morocco’’ in their place; by removing, in 2009, we amended the fruits and However, since publication of the final rule, we have learned that the Moroccan the second sentence, the word vegetables regulations to allow the ‘‘DPVCTRF’’ and adding the words ‘‘the importation of commercial Ministry of Agriculture has undergone a NPPO of Morocco’’ in its place; and by consignments of tomatoes from the reorganization and that DPVCTRF has removing, in the third sentence, the Souss-Massa-Draa region of Morocco been replaced by the National Office of word ‘‘DPVCTRF’’ and adding the words into the United States. However, we Food Safety. In order to prevent ‘‘ ’’ incorrectly referred to the national plant confusion, we are replacing all The NPPO of Morocco in its place. protection organization of Morocco as references to DPVCTRF and EACCE ■ f. In paragraph (g)(3), by removing, in the Moroccan Ministry of Agriculture’s with the phrase ‘‘national plant the first sentence, the word ‘‘DPVCTRF’’ Division of Plant Protection, Inspection, protection organization of Morocco.’’ and adding the words ‘‘the NPPO of and Enforcement when it was recently List of Subjects in 7 CFR Part 319 Morocco’’ in its place. changed to the National Office of Food Coffee, Cotton, Fruits, Imports, Logs, ■ g. In paragraph (g)(4), by removing the Safety. The National Office of Food Nursery stock, Plant diseases and pests, word ‘‘DPVCTRF’’ and adding the words Safety is also responsible for export Quarantine, Reporting and ‘‘The NPPO of Morocco’’ in its place certification inspection and issuance of recordkeeping requirements, Rice, each time it appears. phytosanitary certificates rather than the Vegetables. ■ Moroccan Ministry of Agriculture, Fresh h. In paragraph (g)(5), by removing the Product Export. In order to prevent ■ Accordingly, we are amending 7 CFR word ‘‘DPVCTRF’’ and adding the words confusion, we are replacing all part 319 as follows: ‘‘the NPPO of Morocco’’ in its place. references to the Moroccan Ministry of ■ PART 319–FOREIGN QUARANTINE i. In paragraph (g)(9), by removing, in Agriculture’s Division of Plant NOTICES the first sentence, the words ‘‘The Protection, Inspection, and Enforcement Moroccan Ministry of Agriculture, Fresh and the Moroccan Ministry of ■ 1. The authority citation for part 319 Product Export (EACCE)’’ and adding Agriculture, Fresh Product Export with continues to read as follows: the words ‘‘The national plant the phrase ‘‘national plant protection Authority: 7 U.S.C. 450, 7701–7772, and protection organization (NPPO) of organization of Morocco.’’ 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR Morocco’’ in their place; and by EFFECTIVE DATE: May 20, 2010. 2.22, 2.80, and 371.3. removing, in the second sentence, the FOR FURTHER INFORMATION CONTACT: Ms. ■ 2. Section 319.56-28 is amended as word ‘‘EACCE’’ and adding the words Charisse Cleare, Project Coordinator, follows: ‘‘the NPPO of Morocco’’ in its place.

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Done in Washington, DC, this 14th day ‘‘CF34–AL’’ is corrected to read ‘‘CF34– independent cost of service study’s of May 2010. BJ’’. findings that the U.S. Government is not 3. On page 914, in the second column, fully covering its costs for the Kevin Shea, in paragraph (l), in the seventh line, processing of these visas under the Acting Administrator, Animal and Plant ‘‘CF34–AL’’ is corrected to read ‘‘CF34– current cost structure. Eighty-one Health Inspection Service. BJ’’. comments were received during the [FR Doc. 2010–12027 Filed 5–19–10; 7:25 am] 4. On page 914, in the second column, period for public comment, and this BILLING CODE 3410–34–S in paragraph (l)(1), in the second line, rule also addresses a comment received ‘‘CF34–AL’’ is corrected to read ‘‘CF34– about a prior change to the MRV fee BJ’’. implemented on January 1, 2008. This DEPARTMENT OF TRANSPORTATION 5. On page 914, in the third column, rule addresses comments received thus in paragraph (l)(1)(i), in the seventh and far, and reopens the comment period on Federal Aviation Administration tenth lines, ‘‘CF34–AL’’ is corrected to these fees for an additional 60 days. read ‘‘CF34–BJ’’. 14 CFR Part 39 DATES: Effective Date: This interim final 6. On page 914, in the third column, rule becomes effective June 4, 2010. [Docket No. FAA–2007–27687; Directorate in paragraph (m)(1), in the second, Comment date: Written comments must Identifier 2000–NE–42–AD; Amendment 39– ninth, and twelfth lines, ‘‘CF34–AL’’ is be received on or before July 19, 2010. 16144; AD 2009–26–09] corrected to read ‘‘CF34–BJ’’. ADDRESSES: Interested parties may RIN 2120–AA64 Issued in Burlington, Massachusetts, on contact the Department by any of the May 10, 2010. following methods: Airworthiness Directives; General Peter A. White, • Persons with access to the Internet Electric Company CF34–1A, –3A, –3A1, Assistant Manager, Engine and Propeller may view this notice and submit –3A2, –3B, and –3B1 Turbofan Directorate, Aircraft Certification Service. comments by going to the Engines; Correction [FR Doc. 2010–11642 Filed 5–19–10; 8:45 am] regulations.gov Web site at: http:// BILLING CODE 4910–13–P www.regulations.gov/index.cfm. AGENCY: Federal Aviation • Administration (FAA), DOT. Mail (paper, disk, or CD–ROM): U.S. Department of State, Office of the ACTION: Final rule; correction. DEPARTMENT OF STATE Executive Director, Bureau of Consular SUMMARY: The FAA is correcting Affairs, U.S. Department of State, Suite airworthiness directive (AD) 2009–26– 22 CFR Part 22 H1001, 2401 E Street, NW., Washington, 09, which published in the Federal DC 20520. [Public Notice: 7018] • Register. That AD applies to General E-mail: [email protected]. You must Electric Company (GE) CF34–1A, –3A, RIN 1400–AC57 include the RIN (1400–AC57) in the –3A1, –3A2, –3B, and –3B1 turbofan subject line of your message. engines. The GE alert service bulletin Schedule of Fees for Consular FOR FURTHER INFORMATION CONTACT: (ASB) numbers CF34–AL S/B 72 A0212, Services, Department of State and Amber Baskette, Office of the Executive CF34–AL S/B 72 A0234, and CF34–AL Overseas Embassies and Consulates Director, Bureau of Consular Affairs, S/B 72 A0235 in the regulatory section AGENCY: Bureau of Consular Affairs, Department of State; phone: 202–663– are incorrect. This document corrects State. 3923, telefax: 202–663–2599; e-mail: [email protected]. those ASB numbers. In all other ACTION: Interim final rule. respects, the original document remains SUPPLEMENTARY INFORMATION: the same. SUMMARY: Further to the Department’s Background DATES: This correction is May 20, 2010. proposed rule to amend the Schedule of The compliance date of AD 2009–26–09 Fees for Consular Services (Schedule) The Department published a proposed remains February 11, 2010. for nonimmigrant visa and border rule in the Federal Register, 74 FR FOR FURTHER INFORMATION CONTACT: John crossing card application processing 66076, on December 14, 2009, proposing Frost, Aerospace Engineer, Engine fees, this rule raises from $131 to $140 to amend 22 CFR 22.1. Specifically, the Certification Office, FAA, Engine & the fee charged for the processing of an rule proposed changes to the Schedule Propeller Directorate, 12 New England application for most non-petition-based of Fees for Consular Services for Executive Park, Burlington, MA 01803; nonimmigrant visas (Machine-Readable nonimmigrant visa and border crossing e-mail: [email protected]; phone: (781) Visas or MRVs) and adult Border card application processing fees, and 238–7756; fax: (781) 238–7199. Crossing Cards (BCCs). The rule also provided 60 days for comments from the SUPPLEMENTARY INFORMATION: On provides new tiers of the application fee public. In response to requests by the January 7, 2010 (75 FR 910), we for certain categories of petition-based public for more information and a published a final rule AD, FR Doc, E9– nonimmigrant visas and treaty trader further opportunity to submit 30471, in the Federal Register. That AD and investor visas (all of which are also comments, the Department applies to (GE) CF34–1A, –3A, –3A1, MRVs). Finally, the rule increases the subsequently published a –3A2, –3B, and –3B1 turbofan engines. $13 BCC fee charged to Mexican citizen supplementary notice in the Federal We need to make the following minors who apply in Mexico, and Register, 75 FR 14111, on March 24, corrections: whose parent or guardian already has a 2010 (Public Notice 6928). The BCC or is applying for one, by raising supplementary notice provided a more § 39.13 [Corrected] that fee to $14 by virtue of a detailed explanation of the Cost of 1. On page 914, in the second column, congressionally mandated surcharge Survey Study (CoSS), the activity-based in paragraph (k)(1)(i), in the fifth and that went into effect in 2009. The costing model that the Department used eighth lines, ‘‘CF34–AL’’ is corrected to Department of State is adjusting the fees to determine the proposed fees for read ‘‘CF34–BJ’’. to ensure that sufficient resources are consular services, and reopened the 2. On page 914, in the second column, available to meet the costs of providing comment period for an additional 15 in paragraph (k)(2)(iii), in the fifth line, consular services in light of an days. During this and the previous 60-

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day comment period, 81 comments were A number of other statutes address included is based exclusively on Fiscal received, either by e-mail or through the specific fees and surcharges related to Year 2010 costs—as are all other costs submission process at http:// nonimmigrant visas. A cost-based, presented in this Interim Final Rule. www.regulations.gov. The current notice nonimmigrant visa processing fee for This cost also includes the unrecovered reflects responses by the Department to MRVs and BCCs is authorized by costs of processing BCCs for certain the comments received in the 75 days section 140(a) of the Foreign Relations Mexican citizen minors. That processing during which the comment period for Authorization Act, Fiscal Years 1994 fee is statutorily frozen at $13, even this proposed rule was open. While the and 1995, Public Law 103–236, 108 Stat. though such BCCs cost the Department Department will implement the 382, as amended, and such fees remain the same amount to process as all other proposed changes to the Schedule of available to the Department until MRVs and BCCs—that is, significantly Fees contained in this notice and begin expended. See, e.g., Enhanced Border more than $13. (As discussed below, a collecting the new fees 15 days after Security and Visa Entry Reform Act of statutorily imposed $1 surcharge brings publication of this rule, on that same 2002, Public Law 107–173, 116 Stat. the total fee for Mexican citizen minor date it will also post additional 543; see also 8 U.S.C. 1351 note BCCs to $14.) The Department’s costs information regarding the CoSS model (reproducing amended law allowing for beyond $13 must, by statute, be and fee-setting exercise on its Web site retention of MRV and BCC fees). recovered by charging more for all (travel.state.gov) and will accept further Furthermore, section 239(a) of the MRVs, as well as all BCCs not meeting public comments for an additional 60 William Wilberforce Trafficking Victims the requirements for the reduced fee. days. The Department will consider Protection Reauthorization Act of 2008 See Omnibus Consolidated and these further comments, and whether to (‘‘Wilberforce Act’’) requires the Emergency Supplemental make any changes to the rule in Secretary of State to collect a $1 Appropriations Act of 1999, Public Law response to them, prior to publishing a surcharge on all MRVs and BCCs in 105–277, Div. A, Title IV, § 410(a)(3) final rule. addition to the processing fee, including (reproduced at 8 U.S.C. 1351 note) on BCCs issued to Mexican citizen What Is the Authority for This Action? (Department ‘‘shall set the amount of the minors qualifying for a statutorily fee [for processing MRVs and all other As explained when the revised mandated $13 processing fee; this BCCs] at a level that will ensure the full Schedule of Fees was published as a surcharge must be deposited into the recovery by the Department * * * of the proposed rule, the Department of State Treasury. See Public Law 110–457, 122 costs of processing’’ all MRVs and BCCs, derives the statutory authority to set the Stat. 5044, Title II, § 239 (reproduced at including reduced cost BCCs for amount of fees for the consular services 8 U.S.C. 1351 note). qualifying Mexican citizen minors). it provides, and to charge those fees, The Department last changed MRV from the general user charges statute, 31 and BCC fees in an interim final rule Subsequent to the completion of data- U.S.C. 9701. See, e.g., 31 U.S.C. dated December 20, 2007 and effective gathering for the CoSS, the Department’s 9701(b)(2)(A) (‘‘The head of each agency January 1, 2008. 72 FR 72243. See Bureau of Consular Affairs decided to * * * may prescribe regulations Department of State Schedule for Fees consolidate visa operations support establishing the charge for a service or and Funds, 22 CFR 22.1–22.5. This rule services through an initiative called the thing of value provided by the agency changed the MRV fee from $100 to $131. Global Support Strategy (GSS) in Fiscal * * * based on * * * the costs to the Year 2010. GSS consolidates in one Government.’’). As implemented Why Is the Department Raising the contract costs of services currently being through Executive Order 10718 of June Nonimmigrant Visa Fees at This Time? paid by MRV and BCC applicants 27, 1957, 22 U.S.C. 4219 further Consistent with OMB Circular A–25 directly to various private vendors in authorizes the Department to establish guidelines, the Department contracted addition to the application processing fees to be charged for official services for an independent cost of service study fee paid to the Department, including provided by U.S. embassies and (CoSS), which used an activity-based appointment setting, fee collection, consulates. When a service provided by costing model from August 2007 offsite data collection services, and the Department ‘‘provides special through June 2009 to provide the basis document delivery. The GSS contract benefits to an identifiable recipient for updating the Schedule. The results was initiated due to concerns that total beyond those that accrue to the general of that study are the foundation of the application fees for visa services varied public,’’ guidance issued by the Office of current changes to the Schedule. from country to country because, Management and Budget (OMB) directs The CoSS concluded that the average although the Department charges the that charges for the good or service in cost to the U.S. Government of same application processing fee for the question shall be ‘‘sufficient to recover accepting, processing, adjudicating, and same category of visa across all the full cost to the Federal Government issuing a non-petition-based MRV countries, the private vendors providing * * * of providing the service * * * or application, including an application for the necessary ancillary services charged good * * * .’’ OMB Circular A–25, a BCC, is approximately $136.93 for fees that were different from one ¶ 6(a)(1), (a)(2)(a). Fiscal Year 2010. (The only exception is another. The Department’s intent is to Other authorities allow the the non-petition-based E category visa, charge a consistent fee worldwide to Department to charge fees for consular discussed below, for which costs are applicants for the same category of visa services, but not to determine the greater than $136.93.) The CoSS arrived that is comprehensive of the services the amount of such fees, as the amount is at the $136.93 figure taking into account Department performs to process the statutorily determined, such as the $13 actual and projected costs of worldwide visa, including any support services fee, discussed below, for machine- nonimmigrant visa operations, visa performed by companies contracted by readable BCCs for certain Mexican workload, and other related costs. the Department. The Department citizen minors. Omnibus Consolidated Please note that in the proposed rule awarded the GSS contract on February and Emergency Supplemental published December 14, 2009, the 26, 2010, but total costs are not yet Appropriations Act of 1999, Public Law Department used a figure of $136.37, known. According to Department 105–277, 112 Stat. 2681–50, Div. A, which was calculated using a weighted estimates, the costs of GSS services Title IV, § 410(a), (reproduced at 8 average of Fiscal Year 2009 and Fiscal performed in Fiscal Year 2010 will be at U.S.C. 1351 note). Year 2010 costs; the $136.93 figure now least $2 per application. Future costs

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related to GSS will be significantly fees in Consular Schedules of Fees. added to all nonimmigrant MRVs, see higher and will impact fee revenue for However, in previous iterations of the Public Law 110–457, Title II, § 239(a): the Department. When this additional CoSS, the Department was not able to —H, L, O, P, Q, and R: $150; cost is factored in along with the costs review the activity-based costs of its —E: $390; and of recovering losses from the Mexican services, including the production of —K: $350. citizen minor BCC, the estimated cost to MRVs and BCCs, with the same degree The Department rounded these fees to the U.S. Government of accepting, of accuracy that the most recent CoSS the nearest $10 for the ease of processing, and adjudicating non- now allows. converting to foreign currencies, which petition-based MRV (except E category) The most recent CoSS found that the are most often used to pay the fee. The applications, and BCC applications for cost of accepting, adjudicating, and additional revenue resulting from this all Mexican citizens not qualifying for a issuing MRV applications for the rounding will be used for GSS services. reduced-fee minor BCC, becomes following categories of visas is $138.93. appreciably higher than for other Analysis of Comments Moreover, section 239(a) of the categories: E (treaty-trader or treaty- As noted, the proposed rule was Wilberforce Act requires the Department investor); H (temporary workers and published for comment on December 14, to collect a fee or surcharge of $1 trainees); K (fiance´(e)s and certain 2009. During the comment period, (‘‘Wilberforce surcharge’’) in addition to spouses of U.S. citizens); L which initially closed February 12, 2010 cost-based fees charged for MRVs and (intracompany transferee); O (aliens and was subsequently extended until BCCs, to support anti-trafficking with extraordinary ability); P (athletes, April 8, 2010, the Department received programs. See Wilberforce Act, Public artists, and entertainers); Q 81 comments. With the publication of Law 110–457,Title II, § 239. (international cultural exchange this interim final version of the rule, the Combining the $138.93 cost to the visitors); and R (aliens in religious Department is reopening the comment U.S. Government with the $1 occupations). Each of these visa period for an additional 60 days, and Wilberforce surcharge, the Department categories requires the Department to will consider any further comments has determined that the fee for non- perform a number of additional tasks received before publishing a final rule. petition-based MRV (except E category) and processes beyond those that are The majority of comments received— and BCC applications, with the necessary for producing a BCC or other 48 out of 81—criticized the increase in exception of certain Mexican citizen MRV, including review of extensive the application fee for K-category minors’ BCCs statutorily set at $13, will documentation and a more in-depth fiance´(e) visas. The Department of State be $140. (The BCC fee is being set at the interview of the applicant. Some of the is adjusting the fee for K-category same level as the MRV fee—$140— specific additional tasks and processes fiance´(e) visas from $131 to $350 because its processing procedures, and required to process the K-category specifically because adjudicating a K attendant production costs, are almost fiance´(e) visa, for example, are visa requires a review of extensive identical to those of the MRV.) This described below in the ‘‘Analysis of documentation and a more in-depth $140 fee will allow the Government to Comments’’ section. interview of the applicant than other recover the full cost of processing these The CoSS determined that for FY categories MRVs. As noted in the visa applications during the anticipated 2010, the average cost of processing supplementary notice, for example, a K period of the current Schedule, and to applications for H, L, O, P, Q, and R visa requires pre-processing of the case comply with its statutory obligation to visas is $148.16; the average cost of at the National Visa Center, where the collect from applicants the $1 processing applications for K visas is petition is received from the Department Wilberforce surcharge. The Department $348.39; and the average cost of of Homeland Security (DHS), packaged, rounded up to $140 to make it easier for processing applications for E visas is and assigned to the appropriate embassy U.S. embassies and consulates to $390.58. These totals do not include the or consulate. K visa processing also convert to foreign currencies, which are Wilberforce surcharge or any funding requires intake and review of materials most often used to pay the fee. for GSS. Rather than setting a single not required by some other categories of As noted above, for Mexican citizens MRV fee applicable to all MRVs nonimmigrant visas, such as the I–134 under 15 years of age who apply for a regardless of category as was done in the affidavit of support and the DS–2054 BCC in Mexico, and have at least one past, the Department has concluded that medical examination report. See 75 FR parent or guardian who has a BCC or is it will be more equitable to set the fee 14111, 14113. The higher incidence of also applying for one, the BCC fee is for each MRV category at a level fraud in K visa applications also statutorily set at $13. See Consolidated commensurate with the average cost of requires, in many cases, a more and Emergency Supplemental producing that particular product. extensive fraud investigation than is Appropriations Act of 1999, Public Law Accordingly, since applications for necessary for some other types of visa. 105–277, Div. A, Title IV, § 410(a)(1)(A) BCCs and non-petition-based MRVs Indeed, Department of State processing (reproduced at 8 U.S.C. 1351 note). (except E-category) require less review of a K visa is almost identical to that Nevertheless, the $1 Wilberforce and have unit costs lower than E, H, K, required for a family-based immigrant surcharge applies to this fee by the L, O, P, Q, or R visa applications, the visa, so it follows that the costs of K visa terms of law establishing the surcharge, applicant should pay a lower fee. By the processing are similar to those for which postdates Public Law 105–277, same token, those applying for an H, L, immigrant visas. (Spouses, children, Division A, Title IV, § 410(a)(1)(A), and O, P, Q, or R visa should pay a lower and parents applying for immigrant does not exempt it from its application. fee than those applying for an E or K visas to the United States currently pay See Wilberforce Act, Public Law 110– visa, as the latter two categories require the Department of State a $355 457, Title II, § 239(a). Therefore, the an even more extensive review. application processing fee as well as a Department must now charge $14 for Therefore, this rule establishes the $45 immigrant visa security surcharge, this category of BCC. following fees for these categories items 32 and 36 on the Schedule of As discussed in the supplementary corresponding to projected cost figures Fees.) notice of March 24, 2010, the for the visa category as determined by Several authors commented on the Department has used detailed activity- the CoSS. These fees incorporate the $1 overall price of a K visa, which includes based costing models in past years to set Wilberforce surcharge that must be fees paid by the U.S. citizen fiance´(e) to

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DHS. It is important to note, however, increases or asking that the fees be decline as a result of the last MRV fee that DHS fees are not received by and increased further. As described above, increase, which took effect January 1, do not cover the costs of Department of the Department has set the current 2008. In fact, workload in the final three State processing. While the Department proposed fees at cost, and it may not set quarters of Fiscal Year 2008 was greater of State is aware of the financial impact its fees above cost. See, e.g., 31 U.S.C. than the same period in Fiscal Year this fee increase will have on § 9701(b)(2)(A). The Department 2007. individuals seeking to bring their received one request for clarification as Three comments, including the fiance´(e)s to the United States, the to whether these fee increases will previously referenced joint comment Department has concluded that it would eliminate all visa reciprocity fees. They from United Air Lines and the U.S. be more equitable to those applying for will not eliminate such fees. Travel Association, one from the other categories of MRVs, for which A number of other comments American Immigration Lawyers such extensive review is not necessary, proposed alternatives to cost-based fees, Association, and one from the Air to establish separate fees that more or expressed other concerns over Transport Association of America, Inc., accurately reflect the cost of processing charging fees commensurate with the requested that the Cost of Service Study these visas, rather than set a single Department’s cost to produce the visa in be made publicly available. In response, average fee for all MRV categories that question. For instance, the Department the Department published the is necessarily higher due to the received six comments arguing that supplementary notice of March 24, inclusion of K visas in the calculation. increasing MRV fees would be 2010, see 75 FR 14111, and allowed an The Department received one disadvantageous to applicants in less additional 15 days for public comment. comment that supported the fee increase wealthy nations, and one comment The Department received one further for K visas, but argued that these fees arguing that fees should be based on the comment from United Airlines and the should be based not on the cost of ability of the applicant to pay, rather U.S. Travel Association, on April 8, maintaining the current level of visa than the cost to the U.S. Government of 2010, within the 15-day period. That processing services, but rather should providing the service. The Department comment made an additional request for assess the quality of those services and received four comments questioning actual cost and related data and seek to determine if there would be a whether increasing these fees will result specifically requested: Specific inputs public preference for higher fees if they in higher visa fees charged to U.S. used to determine cost for the U.S. resulted in higher quality expedited visa citizens by foreign governments, two of passport book and passport card; that services. This proposal offers an which referenced China in particular. the Department confirm how the CoSS alternative to the current fee structure, Two additional comments argued ensured that administrative support which is based on cost. See, e.g., 31 against the fee increases in general, costs were correctly attributed to U.S.C. 9701(b)(2); OMB Circular A–25, suggesting that these fee changes were individual consular services and that ¶ 6(a)(2). Furthermore, while the based not on cost but only on a desire these costs for positions not dedicated Department does not as a policy offer to get more money from applicants. The to fee-based consular activities were expedited visa service in exchange for a Department is sympathetic to those with excluded from the CoSS; and that the higher fee, it appreciates the less means to cover the costs of a visa Department confirm whether the CoSS recommendation and will examine it for application, and acknowledges that the accounted for the transition to the DS– future fee-setting exercises. higher fees may result in some countries 160 electronic nonimmigrant visa One commenter argued that reciprocally raising visa fees charged to application. The comment also Australian applicants for E–3 ‘‘treaty U.S. applicants. Nevertheless, as noted requested that the Department suspend alien in a specialty occupation’’ visas, above, the Department of State is final publication of the rules, release which are not petition-based, should be required to recover the costs of visa additional data supporting its proposed charged the same fee as applicants for processing through user fees, and the fee increases, and hold a public meeting H visas, which are petition-based, rather Department has accordingly set these to address questions from the public. than the proposed higher E rate—that is, fees at a level that will allow full cost Concerning the request for specific $150 instead of $390. However, because recovery. inputs used to determine the cost for the E–3 visas are not petition-based when The Department received two U.S. passport book and card, the issued overseas, they require the comments regarding U.S. nationality Department will address that request in Department of State visa adjudicator to law, which is not affected in any way by the separate interim final rule governing both determine whether the this rule. fees for those and other consular employment falls under the E–3 The Department received five services, RIN 1400–AC58. program (similar to the work DHS comments, including one submitted With regard to the question of performs in adjudicating the petition), jointly by United Air Lines, Inc. and the administrative support costs, the and assess the eligibility of the U.S. Travel Association on January 29, International Cooperative applicant; this process is more similar to 2010, that expressed concern that Administrative Support Services other E visas than to H visas, for which raising MRV fees would result in a (ICASS) system is the means by which DHS has already adjudicated a petition. decline in travel to the United States the Department shares with other One comment requested that the and harm the U.S. economy. While the agencies the costs of shared Department allow exchange visitors in Department appreciates the concerns administrative support at embassies and the United States on a J–1 visa to renew expressed, it reiterates that it is required consulates overseas. The CoSS includes their visas by mail in order to save costs. to set its visa processing user fees at an not all Department of State ICASS costs, Current policies and procedures do amount that allows full cost recovery, so but rather only the share of those costs allow a consular officer to waive the that these services are not subsidized by equal to the share of consular ‘‘desks’’ at physical appearance of an applicant in U.S. taxpayers. See, e.g., OMB Circular all embassies and consulates. The the J–1 visa class, but only if he or she A–25, ¶ 6(a)(2). The Department also consular share of ICASS costs—which meets a number of specific criteria. 9 points out that 92 percent of MRV represent an ‘‘allocated cost’’, a concept Foreign Affairs Manual 41.102 N3. applicants will see an increase of less described in more detail in the The Department of State received than ten dollars. In addition, demand supplementary notice of March 24, seven comments endorsing the fee for U.S. nonimmigrant visas did not 2010—was then assigned equally within

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the model to all overseas services. reach a broader public audience, than a Automated Fingerprint Identification Because the Department aims to use the public meeting or other action. The System database is a critical tool for most accurate and complete cost data in Department has also decided to post identifying applicants with criminal its cost calculations, beginning in Fiscal additional quantitative information ineligibilities. Further, FBI name checks Year 2011 the Bureau of Consular regarding its CoSS model and fee-setting are an important piece of the Affairs will be considered its own exercise on its Web site interagency clearance process for separate entity for ICASS purposes, (travel.state.gov), which will be applicants subject to security advisory which the Department believes will available on the date this rule is opinions. Microsoft also argued that the result in a more precise accounting of published. It will accept public December 20, 2007 interim final rule ICASS costs than calculating consular comments for an additional 60 days and did not provide assurance that the fee ICASS costs based on the proportion of consider them in advance of publishing increases would lead to improvements consular staff. We anticipate that this a final rule. in customer service. However, as noted adjustment will actually increase the The American Immigration Lawyers repeatedly above, these fees must be ICASS costs attributed to consular Association argued that the Department based on actual cost. See, e.g., OMB services. did not provide evidence to support Circular A–25, ¶ 6(a)(2). While customer With regard to the DS–160, United what it termed a ‘‘substantial’’ increase service is extremely important to the and the U.S. Travel Association suggest for petition-based employment visas, Department and it strives constantly to that the DS–160 will ‘‘presumably and stated that adjudication of these improve the quality of its service, reduce the space, personnel, storage and petition-based visa applications should changing process or altering customer other costs associated with previous require less time than for non-petition service standards do not figure strictly paper based nonimmigrant visa cases. The Department has provided into the calculus of setting user fees. applications.’’ The most recent CoSS, cost data for those cases: The average upon which the proposed fees are cost of processing applications for H, L, Finally, in their joint comment of based, were calculated using Fiscal O, P, Q, and R visas is $148.16 in Fiscal January 29, 2010, United Airlines and Years 2006, 2007, and 2008 as ‘‘base Year 2010, versus $136.93 for most non- the U.S. Travel Association protested years’’ and Fiscal Years 2009 and 2010 petition-based visas. (Neither cost figure the incorporation of a $2 startup cost as ‘‘predictive years.’’ The DS–160 was includes the Wilberforce surcharge or per MRV or BCC application for GSS, still only a pilot program through Fiscal GSS costs.) As discussed above, the unit since as of the date of the proposed rule Year 2009, and has not yet been rolled cost for petition-based cases includes on MRV and BCC fees, final costs of out worldwide. Once changes in costs the costs of activities that are not GSS were not yet known and the are known, they will of course be required for non-petition cases, such as contract had not yet been awarded, and incorporated into future Cost of Service receiving petition information from thus the Department had not yet Studies. Further, while the DS–160 DHS, conducting reviews of government incurred any GSS startup costs. The presents great advantages in making and commercial databases to confirm Department awarded the GSS contract more applicant data available the existence of the petitioning on February 26, 2010, with a 10-year electronically and allowing advance business, and entering that data into the ceiling of $2.8 billion. The costs of the review of such data, it has not thus far Petition Information Management three-to-five task orders the Department resulted in any significant time savings Service (PIMS) database. The single will award under this contract in Fiscal for consular staff. Even storage space exception to the greater expense of Year 2010 will be at least $2 per and labor required to box and ship producing petition-based visas is the application. applications will continue until all non-petition-based E-category visa Regulatory Findings previous paper applications are retired which, for reasons described above, is from embassies and consulates, which even more costly to produce than the Administrative Procedure Act we anticipate will be sometime in Fiscal various categories of petition-based visa. The Department is issuing this The Department received a comment Year 2011. interim final rule, with an effective date Based on review of all the comments, from the Microsoft Corporation 15 days from the date of publication. including those of United and the U.S. regarding the January 2008 MRV fee The Administrative Procedure Act Travel Association, the Department has increase resulting from the interim final determined that it is unnecessary to rule dated December 20, 2007. See 72 permits a final rule to become effective suspend publication of this interim final FR 72243. That comment argued that fewer than 30 days after publication if rule pending release of additional data the Department should give the public the issuing agency finds good cause. 5 or a public meeting. As explained an opportunity to comment on proposed U.S.C. § 553(d)(3). The Department finds above, the Department has provided MRV fee changes before they are put that good cause exists for an early information regarding the basis for the into effect, and that it should make effective date in this instance for the MRV and BCC fee increases in an initial available a more detailed analysis of following reasons. notice of proposed rulemaking on overall cost. The Department has made As stated in the supplementary December 14, 2009, and provided this information available, and has information above, the Department’s additional qualitative information in given the public a total of 75 days to mandate is to align as closely as response to the requests of United, the comment on it and the proposed fees, in possible its user fees for consular U.S. Travel Association, and others in a the proposed rule of December 14, 2009, services with the actual, measured costs supplemental notice dated March 24, and the supplementary notice of March of those services. This enables better 2010. The Department provided the 24, 2010. See 74 FR 66076, 75 FR 14111. cost recovery and ensures that U.S. public a total of 75 days in which to The comment also touched upon the taxpayers do not subsidize consular make comments and pose questions to cost of FBI fingerprint and name checks, services. 31 U.S.C. 9701; OMB Circular the Department about the proposed suggesting that such checks may not be A–25. See also GAO–08–386SP, Federal MRV and BCC fee changes. The effective or necessary. The U.S. User Fees: A Design Guide. The CoSS, Department determined that a Government has determined that which supports the fees set by this rule, supplemental written notice would checking the fingerprints of visa used data from past years, as well as provide more useful information and applicants against the FBI’s Integrated predictive data for Fiscal Years 2010

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and 2011, to determine the amount of that choose to reimburse the applicant Executive Orders 12372 and 13132 the fees set by this rule. for the visa fee. The fees currently charged by the This regulation will not have Department cover less than 94 percent Unfunded Mandates Act of 1995 substantial direct effects on the states, of the underlying services’ true cost. On This rule will not result in the on the relationship between the national a monthly basis, taxpayers are paying expenditure by state, local, and tribal government and the states, or on the $5.4 million in unmet costs for consular governments, in the aggregate, or by the distribution of power and services that should be borne by those private sector, of $100 million or more responsibilities among the various who actually benefit from those in any year, and it will not significantly levels of government. Therefore, in services. In the current economic or uniquely affect small governments. accordance with section 6 of Executive climate, this shortfall is unusually Therefore, no actions were deemed Order 13132, it is determined that this grave, exacerbating budgetary pressures necessary under the provisions of the rule does not have sufficient federalism and threatening other critical Unfunded Mandates Reform Act of implications to require consultations or Department priorities. It is thus in the 1995, 2 U.S.C. Chapter 25. warrant the preparation of a federalism public’s interest to make the summary impact statement. The Small Business Regulatory Enforcement regulations implementing Executive appropriated funds currently used to fill Fairness Act of 1996 this gap available as soon as possible. Order 12372 regarding For these reasons, and because the This rule is not a major rule as intergovernmental consultation on public’s level of preparation for this fee defined by section 804 of the Small federal programs and activities do not increase is unlikely to be meaningfully Business Regulatory Enforcement apply to this regulation. improved by 15 additional days of Fairness Act of 1996. See 5 U.S.C. Executive Order 13175 advance warning, the Department finds 804(2). This rule will not result in an that good cause exists for making this annual effect on the economy of $100 The Department has determined that rule effective 15 days after its million or more; a major increase in this rulemaking will not have tribal publication as an interim final rule. costs or prices for consumers, implications, will not impose individual industries, federal, state, or Regulatory Flexibility Act substantial direct compliance costs on local government agencies, or Indian tribal governments, and will not The Department, in accordance with geographic regions; or significant preempt tribal law. Accordingly, the the Regulatory Flexibility Act, 5 U.S.C. adverse effects on competition, requirements of section 5 of Executive 605(b), has reviewed this rule and, by employment, investment, productivity, Order 13175 do not apply to this approving it, certifies that it will not innovation, or on the ability of United rulemaking. have a significant economic impact on States-based enterprises to compete a substantial number of small entities as with foreign-based enterprises in Paperwork Reduction Act defined in 5 U.S.C. 601(6). This rule domestic and export markets. This rule does not impose any new or raises the application processing fee for modify any existing reporting or nonimmigrant visas. Although the Executive Order 12866 recordkeeping requirements. issuance of some of these visas is OMB considers this rule to be a contingent upon approval by DHS of a ‘‘significant regulatory action’’ under List of Subjects in 22 CFR Part 22 petition filed by a U.S. company with Executive Order 12866, section 3(f), DHS, and these companies pay a fee to Regulatory Planning and Review, Consular services, fees, passports and DHS to cover the processing of the September. 30, 1993. Accordingly, this visas. petition, the visa itself is sought and rule was submitted to OMB for review. ■ Accordingly, for the reasons stated in paid for by an individual foreign This rule is necessary in light of the the preamble, 22 CFR part 22 is national overseas who seeks to come to Department of State’s CoSS finding that amended as follows: the United States for a temporary stay. the cost of processing nonimmigrant The amount of the petition fees that are visas has increased since the fee was PART 22—[AMENDED] paid by small entities to DHS is not last set in 2007. The Department is controlled by the amount of the visa fees setting the nonimmigrant visa fees in ■ 1. The authority citation for part 22 is paid by individuals to the Department accordance with 31 U.S.C. 9701 and revised to read as follows: of State. While small entities may be other applicable legal authority, as Authority: 8 U.S.C. 1101 note, 1153 note, required to cover or reimburse described in detail above. See, e.g., 31 1183a note, 1351, 1351 note, 1714, 1714 note; employees for application fees, the exact U.S.C. 9701(b)(2)(A) (‘‘The head of each 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22 number of such entities that does so is agency * * * may prescribe regulations U.S.C. 214, 214 note, 1475e, 2504(a), 4201, unknown. Given that the increase in establishing the charge for a service or 4206, 4215, 4219, 6551; 31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632 (1957); Exec. Order petition fees accounts for only 7 percent thing of value provided by the agency 11,295, 31 FR 10603 (1966). of the total percentage of visa fee * * * based on * * * the costs to the increases, the modest 15 percent Government.’’). This regulation sets the ■ 2. Revise § 22.1 Item 21 to read as increase in the application fee for fees for nonimmigrant visas at the follows: employment-based nonimmigrant visas amount required to recover the costs is not likely to have a significant associated with providing this service to § 22.1 Schedule of fees. economic impact on the small entities foreign nationals. * * * * *

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Item No. Fee

SCHEDULE OF FEES FOR CONSULAR SERVICES

******* Nonimmigrant Visa Services

21. Nonimmigrant visa and border crossing card application processing fees (per person): (a) Non-petition-based nonimmigrant visa (except E category) ...... $140 (b) H, L, O, P, Q and R category nonimmigrant visa ...... $150 (c) E category nonimmigrant visa ...... $390 (d) K category nonimmigrant visa ...... $350 (e) Border crossing card—age 15 and over (valid 10 years) ...... $140 (f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card (valid 10 years or until the applicant reaches age 15, whichever is sooner) ...... $14

*******

Dated: May 14, 2010. at the Docket Management Facility (M– that supports Naval Special Warfare Patrick Kennedy, 30), U.S. Department of Transportation, full-mission training profiles. The Shore Under Secretary of State for Management, West Building Ground Floor, Room Bombardment Area (SHOBA) is the only Department of State. W12–140, 1200 New Jersey Avenue SE., range in the United States where [FR Doc. 2010–12125 Filed 5–19–10; 8:45 am] Washington, DC 20590, between 9 a.m. expeditionary fire support exercises BILLING CODE 4710–06–P and 5 p.m., Monday through Friday, utilizing ship to shore naval gunfire can except Federal holidays. be conducted. SCI’s unique coastal FOR FURTHER INFORMATION CONTACT: If topography, proximity to the major Fleet DEPARTMENT OF HOMELAND you have questions on this rule, call or and Marine concentration areas in San SECURITY e-mail Petty Officer Corey McDonald, Diego County, supporting infrastructure, Waterways Management, U.S. Coast and exclusive Navy ownership make the Coast Guard Guard Sector San Diego, Coast Guard; island and surrounding waters vitally telephone 619–278–7262, e-mail important for fleet training, weapon and 33 CFR Part 165 [email protected]. If you electronic systems testing, and research have questions on viewing or submitting and development activities. [Docket No. USCG–2009–0277] material to the docket, call Renee V. Background RIN 1625-AA00 Wright, Program Manager, Docket Operations, telephone 202–366–9826. In the 2009 NPRM, the Coast Guard Safety Zone; San Clemente 3 NM SUPPLEMENTARY INFORMATION: proposed to establish a permanent Safety Zone, San Clemente Island, CA safety zone in the area of San Clemente Regulatory Information Island in order to conduct training AGENCY: Coast Guard, DHS. On August 7, 2009, we published a essential to successful accomplishments ACTION: Final rule. notice of proposed rulemaking (NPRM) of U.S. Navy missions relating to SUMMARY: The Coast Guard is entitled Safety Zone; San Clemente military operations and national establishing a safety zone around San Island, CA in the Federal Register (74 security. We proposed to establish a Clemente Island in support of FR 39584). We received one comment safety zone consisting of 8 segments, potentially hazardous military training on the proposed rule. which were described in the NPRM as Sections (A) through (G) and Wilson and testing exercises. The existing zones Basis and Purpose do not sufficiently overlap potential Cove. We believe that a safety zone is As part of the Southern California danger zones and testing areas used by necessary to protect the public from Range Complex, San Clemente Island the Navy during live-fire and ocean hazardous, live-fire and testing (SCI) and the surrounding littoral waters research operations resulting in a delay operations and ensure operations support the training requirements for or cancellation of these operations. The proceed as scheduled. the U.S. Pacific Fleet, Fleet Marine new safety zone will protect the public Forces Pacific, Naval Special Warfare Discussion of Comments and Changes from hazardous, live-fire and testing Command, Naval Expeditionary Combat The Coast Guard received one operations and ensure operations Command and other military training comment in response to the NPRM. This proceed as scheduled. and research units. In 1934, Executive was a joint statement from three DATES: This rule is effective June 21, Order 6897 transferred full ownership of commercial fishing organizations: the 2010. SCI from the Department of Commerce Sea Urchin Commission (CSUC), the ADDRESSES: Comments and material to the Department of the Navy for ‘‘naval California Lobster and Trap Fishermen’s received from the public, as well as purposes’’. The San Clemente Island Association (CLTFA), and the Point documents mentioned in this preamble Range Complex (SCIRC) has the Conception Ground Fishermen’s as being available in the docket, are part capability to support training in all Association (PCGA), and is available in of docket USCG–2009–0277 and are warfare areas including Undersea the docket. The commenters joined available online by going to http:// Warfare, Surface Warfare, Mine Warfare, together to express their support for the www.regulations.gov, inserting USCG– Strike Warfare, Air Warfare, Navy training missions associated with 2009–0277 in the ‘‘Keyword’’ box, and Amphibious Warfare, Command and San Clemente Island, including the use then clicking ‘‘Search.’’ This material is Control, and Naval Special Warfare. It is of safety zones and permanent closures also available for inspection or copying the only location in the United States at Special Warfare Training Area 1

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(SWAT 1) and Wilson Cove. However, evolutions by 24 percent. Enforcement publishes scheduled training times and the fishing organizations also expressed of the safety zone during these increased locations up to six months in advance. concern that some issues were not training periods is necessary to protect Fishermen can utilize this Web site, in adequately addressed and some persons and vessels transiting through conjunction with other notification information in the administrative record the area. A public safety determination methods, including NOTMARS and may not be factually accurate. was made to establish a safety zone Very High Frequency (VHF) radio The commenters raised several issues around San Clemente Island to protect Channel 16, to plan their trips near San that will be addressed below. First, they the public from potentially hazardous Clemente Island. argued that the socio-economic impacts training evolutions while still The Navy also sponsored a detailed of the proposed safety zone were more facilitating the public’s use of offshore survey to examine fishing concerns in substantial than the Coast Guard had waters during times when hazardous SOCAL. The Southern California estimated, because section ‘‘G’’ contains training was not scheduled. The safety (SOCAL) Fisheries Study: Catch important fishing areas and is also zone provides exclusive use by the Statistics (2002–2007), Fishing Access, important to chartered passenger military to certain offshore waters And Fishermen Perception (February vessels. Second, the commenters around San Clemente Island. The EIS/ 2009) focused on two goals: requested that section ‘‘F’’ was too OEIS concluded that ‘‘the increased • Determine the potential impact of broad, and should be subdivided into training tempo associated with [an] Navy activities on commercial and smaller areas. Third, the commenters increase in range clearance [restricted recreational fishing in the SOCAL Range stated that it is important to keep the public access] will not cause a Complex. North West Harbor open to the public, considerable [socioeconomic] impact • Examine potential use-conflicts, due to the need for safe anchorages for due to advanced public notification and particularly in the waters around San small boats. [the] primarily short-term duration of Clemente Island. In light of these concerns, the ’’ military activities (SOCAL EIS/OEIS, The study highlighted the importance comment included the following 2009). requests: of the waters around San Clemente 1. Re-assess the socio-economic 1. Socio-Economic Impacts Island to commercial and recreational impacts of permanent closures in One argument made by the fishermen particularly for spiny lobster, Sections ‘G’ and Wilson Cove and the commenters was that the agency had not swordfish, red urchin, Pacific sardine socio-economic impacts of intermittent considered the socio-economic impacts and market squid. Overall, fishermen closures in Sections ‘A’ & ‘F’ on charter of the safety zone. In response, we note agreed that a combination of regularly passenger vessels, seiners, and that the socio-economic impacts scheduled radio announcements, a clear individual sport fishermen in light of associated with restricted public access and regularly updated Web site, and other regional closures proposed under to offshore waters during hazardous easily obtainable and reliable contact the State’s Marine Life Protection Act training evolutions were assessed in information with assured rapid response (MLPA) process. detail in two recent documents and would serve to mitigate conflicts 2. Convene two workshops (between considered prior to initiating the safety between fishermen and the Navy within January—March 2010) with zone rulemaking process, both of which the SOCAL Range Complex. As a result representatives from DoD, U.S. Coast are available on the Web at http:// of this study, the Navy is working on Guard, and fishing groups to: (a) Review www.socalcomplexeis.com: improvements to the San Clemente Section F configuration and (b) develop • Southern California (SOCAL) Island Web site: adding operating areas a protocol that affords public access to Environmental Impact Statement (EIS)/ and altitude acronyms/codes and Northwest Harbor during time periods Overseas EIS (OEIS) (January 2009), clarifying whether a Navy activity the area is not scheduled for military Section 3.14 Socioeconomics. requires a closure to fishing grounds or training. Implement Final Rule no later • Southern California (SOCAL) if fishing is still permitted in than June 1, 2010. Fisheries Study: Catch Statistics (2002– conjunction with scheduled training Response: 2007), Fishing Access, and Fishermen events. Many of the issues raised by the three Perception (February 2009). For these reasons, we believe that the commercial fishing organizations are The Navy recognizes the importance economic and social impacts regarding addressed in the Southern California of the waters around San Clemente implementation of the safety zones will (SOCAL) Environmental Impact Island to commercial and recreational be minimal. While extending the safety Statement (EIS)/Overseas EIS (OEIS) fishermen, and contrary to the zone will cause some inconvenience, we (Record of Decision, January 30, 2009) commenters’ assertion, careful analysis believe that it is needed for the (74 FR 5650). The entire document is of the socio-economic impact of the protection of both vessels and persons, also available on the Web at http:// increased training activity was and that the negative socio-economic www.socalcomplexeis.com. The SOCAL undertaken in these documents. In order effects of the zone are far outweighed by EIS/OEIS included a socio-economic to mitigate the economic and social the safety need. assessment of increased naval activities impacts of its training exercises, the 2. Additional Workshops around San Clemente Island. The Navy has gone to great lengths to current rulemaking establishing a safety provide advanced notice of these Over the past two years, the Navy has zone around San Clemente Island is part exercises to fishermen and operators of conducted extensive public outreach of the Navy’s continued efforts to recreational vehicles. In response to concerning increased training protect the public from potentially recommendations expressed by evolutions in Southern California: hazardous training evolutions assessed fishermen during the San Clemente public meetings and comment periods in the SOCAL EIS/OEIS, while Island Range Complex EIS/OEIS scoping were held in conjunction with the supporting Department of Defense meetings for advanced knowledge of SOCAL EIS/OEIS; outreach efforts were training range requirements. operations scheduled around San conducted with local fishing Implementation of the Proposed Clemente Island, the Navy developed organizations; and Department of Action in the SOCAL EIS/OEIS (2000) and maintains a public Web site Defense representatives served as increased the overall number of training (http://www.scisland.org). The Web site members of the Marine Life Protection

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Act South Coast Regional Stakeholder Harbor and Pyramid Cove would be for the public’s commercial and Group. accessible to the public except during recreational uses. The Navy has a longstanding scheduled, hazardous training events. Discussion of Rule appreciation of the economic The new safety zone does not alter the importance of San Clemente Island to public’s use of Wilson Cove for safe The Coast Guard is establishing a commercial and recreational fishermen harbor because a permanent Security permanent safety zone around San and divers, so in an effort to ensure Zone restricting public access has Clemente Island for the U.S. Navy. The public safety while optimizing the existed in Wilson Cove (out to 2 nm limits of the segmented safety zone public’s access to offshore waters, the offshore) for many years. In addition, range from high tide seaward 3 NM. The Navy sub-divided the Safety Zone into neither of the two permanently zone is broken down into the following eight separate sections. If the Safety restricted areas overlaps Northwest sections: Zone had been managed as one Harbor or Pyramid Cove. (a) Section A contiguous zone, a scheduled training ° ′ ° ′ evolution off the southern end of San Coordination With Commercial Fishing Beginning at 33 02.05 N, 118 35.85 ° ′ ° ′ Clemente Island would have restricted Organizations W; thence to 33 04.93 N, 118 37.07 W; public access to all offshore areas We also note that there has been thence running parallel to the shoreline around San Clemente Island. The substantial coordination with local at a distance of approximately 3 NM ° ′ segmented configuration facilitates the fishing organizations throughout the from the high tide line to 33 02.82 N, ° ′ ° ′ public’s access to areas not scheduled process of developing plans for this 118 30.65 W; thence to 33 17.28 N, ° ′ for hazardous training, while ensuring area. During a coordination meeting 118 33.88 W; thence along the ° ′ continued use of the waters around San held in early 2009 with representatives shoreline returning to 33 02.05 N, ° ′ Clemente Island for critical naval from various fishing organizations 118 35.85 W. training. (including commercial fishing (b) Section B associations submitting comments on Safety Zone ‘F’ Beginning at 32°57.30′ N, 118°30.88′ the Safety Zone Notice of Proposed Rule ° ′ ° ′ As stated above, commenters argued Making), the Navy briefed the Safety W; thence to 32 59.60 N, 118 28.33 W; that section ‘‘F’’ of the safety zone was Zone proposal. The California Sea thence running parallel to the shoreline too broad, and that it should be broken at a distance of approximately 3 NM Urchin Commission (CSUC) ° ′ up into various subzones. However, the from the high tide line to 32 55.83 N, recommended that the Navy assess the ° ′ ° ′ commenters did not make any 118 24.22 W; thence to 32 53.53 N, feasibility of facilitating safe transit ° ′ recommendations as to what these 118 26.52 W; thence along the through SWAT 1 during times when the ° ′ smaller subzones should be. shoreline returning to 32 57.30 N, range may be cold. Consequently, the ° ′ Furthermore, we note that boundaries of Navy spent considerable time and 118 30.88 W. all Safety Zone segments, including resources to establish a permanent (c) Section C Section ‘F’, were developed in watch stander and dedicated call sign Beginning at 32°53.53′ N, 118°26.52′ accordance with training requirements (KRAKEN on Channel 82A) that boaters W; thence to 32°55.83′ N, 118°24.22′ W; and the public’s continued access to can contact to request safe vessel transit thence running parallel to the shoreline safe harbor. Specifically, section ‘F’ authorization through SWAT 1 Safety at a distance of approximately 3 NM boundaries are consistent with the Zone. When authorized by KRAKEN, from the high tide line to 32°47.27′ N, surface danger zone (SDZ) associated vessels may safety transit within 3nm of 118°18.23′ W; thence to 32°49.10′ N, with the live fire Naval Special Warfare the northern end of San Clemente 118°21.05′ W; thence along the (NSW) range designated as Training Island, thereby saving time and fuel shoreline returning to 32°53.53′ N, Area and Range (TAR) 10 (SOCAL EIS/ costs, a related concern raised in the 118°26.52′ W. OEIS, 2009). Section ‘F’ also overlaps commenters’ letter. the existing Restricted Area (No (d) Section D Conclusion Anchorage) area (West Cove) depicted Beginning at 32°49.10′ N, 118°21.05′ The Southern California Range in the Coast Pilot since 1985. This is W; thence to 32°47.27′ N, 118°18.23′ W; Complex is the most capable and designated as a No Anchor area because thence running parallel to the shoreline heavily used Navy Range Complex in trunk cables from the critical deepwater at a distance of approximately 3 NM the eastern Pacific region. San Clemente instrumented hydrophone array come from the high tide line to 32°48.38′ N, ashore in West Cove. Given these facts, Island is the tactical cornerstone of the 118°31.69′ W; thence to 32°50.70′ N, we have decided to maintain the Range Complex. The Navy has assessed 118°29.37′ W; thence along the boundaries of the current segment ‘‘F’’ as the socio-economic effects of shoreline returning to 32°49.10′ N, proposed in the NPRM. conducting training operations in 118°21.05′ W. Southern California (including San Northwest Harbor Anchoring Clemente Island) and conducted (e) Section E The Navy recognizes the importance extensive public outreach. As described Beginning at 32°50.70′ N, 118°29.37′ of retaining the public’s access to safe in the SOCAL EIS/OEIS, the Navy is W; thence to 32°48.05′ N, 118°31.68′ W; harbors located around San Clemente expanding training evolutions in thence running parallel to the shoreline Island. As documented in the SOCAL Southern California. The Navy at a distance of approximately 3 NM Fisheries Study (2009), ‘‘Maintaining recognizes and appreciates the from the high tide line to 32°53.62′ N, access to public anchorages around SCI, importance of the waters around San 118°35.93′ W; thence to 32°56.13′ N, particularly Pyramid Cove and Clemente Island to commercial and 118°32.95′ W; thence along the Northwest Harbor, is critical for the recreational fishermen and has exerted shoreline returning to 32°50.70′ N, safety of the fishermen, as well as for substantial effort to successfully co-exist 118°29.37′ W. ensuring that fishermen are not with commercial and recreational subjected to increased fuel costs as a neighbors. The Navy will continue to (f) Section F result of relocation.’’ The safety zone provide the public with up-to-date, Beginning at 32°56.13′ N, 118°32.95′ was configured such that Northwest accurate information on areas accessible W; thence to 32°53.62′ N, 118°35.93′ W;

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thence running parallel to the shoreline zone negatively impacts range sections (A, B, C, D, E, and F) will be at a distance of approximately 3 NM operations, the Navy will cease this enforced for the Navy’s exclusive use from the high tide line to 32°59.95′ N, practice and enforce the safety zone only during potentially hazardous 118°39.77′ W; thence to 33°01.08′ N, without exception. military training or testing activity. The 118°36.33′ W; thence along the Mariners are restricted at all times schedule of restricted access periods by shoreline returning to 32°56.13′ N, from transiting into the Safety Zone/ date, location and duration will 118°32.95′ W. Security Zone extending from shoreline continue to be posted at http:// in Wilson Cove to 2nm offshore. (g) Section G www.scisland.org. Prior to the use of However, mariners may transit through sections A thru F, the Navy will inform ° ′ ° ′ Beginning at 33 01.08 N, 118 36.33 the Safety Zone extending from 2nm to U.S. Coast Guard Sector San Diego. W; thence to 32°59.95′ N, 118°39.77′ W; 3nm offshore unless asked by the Navy thence running parallel to the shoreline to transit outside the Wilson Cove Small Entities at a distance of approximately 3 NM Safety Zone. Transit only is permitted in Under the Regulatory Flexibility Act ° ′ from the high tide line to 33 04.93 N, this area. (5 U.S.C. 601–612), we have considered ° ′ ° ′ 118 37.07 W; thence to 33 02.05 N, Mariners who wish to transit through whether this rule would have a ° ′ 118 35.85 W; thence along the any of the other six sections (A, B, C, D, significant economic impact on a ° ′ shoreline returning to 33 01.08 N, E, and/or F) will also be required to substantial number of small entities. ° ′ 118 36.33 W. request permission from FACSFAC San The term ‘‘small entities’’ comprises Diego, using the same procedure (h) Wilson Cove small businesses, not-for-profit described above, except during periods organizations that are independently Beginning at 33°01.28′ N, 118°33.88′ when the Navy is not conducting owned and operated and are not W; thence to 33°02.82′ N, 118°30.65′ W; potentially hazardous military training dominant in their fields, and thence running parallel to the shoreline or testing activity. Mariners will be able governmental jurisdictions with at a distance of approximately 3 NM to transit some or all of these sections ° ′ populations of less than 50,000. from the high tide line to 32 59.60 N, without obtaining prior authorization ° ′ ° ′ The Coast Guard certifies under 5 118 28.33 W; thence to 32 57.30 N, from FACSFAC San Diego only when ° ′ U.S.C. 605(b) that this rule will not have 118 30.88 W; thence along the the Coast Guard notifies the public that ° ′ a significant economic impact on a shoreline returning to 33 01.28 N, enforcement of the zone in specified ° ′ substantial number of small entities. 118 33.88 W. sections is temporarily suspended. This rule will affect the following Mariners requesting permission to Notice of suspended enforcement will entities, some of which might be small transit through Section G must request be provided through broadcast notice to entities: The owners or operators of authorization from the Fleet Area mariners and publication in the local vessels intending to transit or anchor in Control and Surveillance Facility notice to mariners; and the schedule of a portion of the Pacific Ocean around (FACSFAC) San Diego by hailing restricted access periods by date, San Clemente Island. KRAKEN (dedicated call sign) on VHF location and duration will continue to This safety zone will not have a bridge-to-bridge radio connection on be proposed at http://www.scisland.org. Channel 16 or calling 619–545–4742 or significant economic impact on a 619–545–1742. Once vessel has Regulatory Analyses substantial number of small entities for established contact with KRAKEN on We developed this rule after the following reasons. Except for Channel 16, vessel will be asked to considering numerous statutes and Section G and Wilson Cove, which will switch to Channel 82A. Vessel will be executive orders related to rulemaking. be continually enforced, the safety zone asked to provide the following Below we summarize our analyses will be activated, and thus subject to information: Name of vessel and based on 13 of these statutes or enforcement, only during naval training registration number, name of Captain executive orders. and testing exercises. During periods and homeport, military or non-military when portions of the safety zone are designation, current location (latitude/ Regulatory Planning and Review enforced in sections A through F, vessel longitude), date and time, and projected This rule is not a significant traffic can pass safely around the safety transit time through Section G. regulatory action under section 3(f) of zone. When the safety zone is not VESSELS MUST HAVE Executive Order 12866, Regulatory enforced, vessel traffic will be allowed AUTHORIZATION FROM KRAKEN TO Planning and Review, and does not to use the offshore waters for TRANSIT WITHIN 3NM OF SAN require an assessment of potential costs commercial and recreational activities. CLEMENTE ISLAND THROUGH and benefits under section 6(a)(3) of that Permission for safe vessel transit SECTION G. No other non-military Order. The Office of Management and through the permanently restricted activities are permitted in Section G at Budget has not reviewed it under that safety zones designated Section G and any time. If vessel does not receive Order. We expect the economic impact Wilson Cove may be requested of the authorization to transit through Section of this rule to be so minimal that a full Fleet Area Control and Surveillance G, mariner must navigate to greater than Regulatory Evaluation is unnecessary. Facility, San Diego. Furthermore, the 3nm offshore San Clemente Island. This determination is based on the safety zones will not impede access to Immediately upon completing transit, fact that the majority of the proposed safe port areas, important to small boats, vessel operator must promptly notify safety zone will be open a significant such as North West Harbor or Pyramid KRAKEN of safe passage through portion of the time. The safety zone will Cove, as discussed above. Section G safety zone. Failure to be divided into eight sections. Two of Assistance for Small Entities expeditiously notify KRAKEN of the sections, specifically Section G and passage through the safety zone will Wilson Cove, will be continually Under section 213(a) of the Small result in a determination by the Navy enforced as a Safety Zone, thereby Business Regulatory Enforcement that the vessel is still in the safety zone, restricting public use of these offshore Fairness Act of 1996 (Pub. L. 104–121), thereby restricting the use of the area for waters, although transit through Section in the NPRM we offered to assist small naval operations. If the Navy determines G and parts of Wilson Cove will be entities in understanding the rule so that facilitating safe transit through the permitted at times. The other six that they could better evaluate its effects

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on them and participate in the Protection of Children Management Directive 023–01 and rulemaking process. We have analyzed this rule under Commandant Instruction M16475.lD, Small businesses may send comments Executive Order 13045, Protection of which guide the Coast Guard in on the actions of Federal employees Children from Environmental Health complying with the National who enforce, or otherwise determine Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded this action is one of a Regulatory Enforcement Ombudsman health or risk to safety that may category of actions which do not and the Regional Small Business disproportionately affect children. individually or cumulatively have a Regulatory Fairness Boards. The significant effect on the human Ombudsman evaluates these actions Indian Tribal Governments environment. This rule is categorically annually and rates each agency’s This rule does not have tribal excluded, under figure 2–1, paragraph responsiveness to small business. If you implications under Executive Order (34)(g), of the Instruction. This rule wish to comment on actions by 13175, Consultation and Coordination involves establishing of a safety zone. employees of the Coast Guard, call 1– with Indian Tribal Governments, An environmental analysis checklist 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial and a categorical exclusion Coast Guard will not retaliate against direct effect on one or more Indian determination are available in the small entities that question or complain tribes, on the relationship between the docket where indicated under about this rule or any policy or action Federal Government and Indian tribes, ADDRESSES. of the Coast Guard. or on the distribution of power and List of Subjects in 33 CFR Part 165 responsibilities between the Federal Collection of Information Government and Indian tribes. Harbors, Marine safety, Navigation (water), Reporting and recordkeeping This rule calls for no new collection Energy Effects of information under the Paperwork requirements, Security measures, Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Waterways. Executive Order 13211, Actions 3520). ■ For the reasons discussed in the Concerning Regulations That preamble, the Coast Guard amends 33 Federalism Significantly Affect Energy Supply, CFR part 165 as follows: Distribution, or Use. We have A rule has implications for federalism determined that it is not a ‘‘significant under Executive Order 13132, PART 165—REGULATED NAVIGATION energy action’’ under that order because Federalism, if it has a substantial direct AREAS AND LIMITED ACCESS AREAS it is not a ‘‘significant regulatory action’’ effect on State or local governments and under Executive Order 12866 and is not ■ 1. The authority citation for part 165 would either preempt State law or likely to have a significant adverse effect continues to read as follows: impose a substantial direct cost of on the supply, distribution, or use of compliance on them. We have analyzed Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. energy. The Administrator of the Office this rule under that Order and have Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; of Information and Regulatory Affairs 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. determined that it does not have has not designated it as a significant 107–295, 116 Stat. 2064; Department of implications for federalism. energy action. Therefore, it does not Homeland Security Delegation No. 0170.1.2. Unfunded Mandates Reform Act require a Statement of Energy Effects ■ 2. Add § 165.1141 to read as follows: under Executive Order 13211. The Unfunded Mandates Reform Act § 165.1141 Safety Zone; San Clemente 3 of 1995 (2 U.S.C. 1531–1538) requires Technical Standards NM Safety Zone, San Clemente Island, CA. Federal agencies to assess the effects of The National Technology Transfer (a) Location. The following area is a their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 safety zone: All waters of the Pacific particular, the Act addresses actions U.S.C. 272 note) directs agencies to use Ocean surrounding San Clemente that may result in the expenditure by a voluntary consensus standards in their Island, from surface to bottom, State, local, or tribal government, in the regulatory activities unless the agency extending from the high tide line on the aggregate, or by the private sector of provides Congress, through the Office of island seaward 3 NM. The zone consists $100,000,000 (adjusted for inflation) or Management and Budget, with an of the following sections (see Figure 1): more in any one year. Though this rule explanation of why using these will not result in such an expenditure, standards would be inconsistent with (1) Section A we do discuss the effects of this rule applicable law or otherwise impractical. Beginning at 33°02.05′ N, 118°35.85′ elsewhere in this preamble. Voluntary consensus standards are W; thence to 33°04.93′ N, 118°37.07′ W; Taking of Private Property technical standards (e.g., specifications thence running parallel to the shore at of materials, performance, design, or a distance of approximately 3 NM from This rule will not cause a taking of operation; test methods; sampling the high tide line to 33°02.82′ N, private property or otherwise have procedures; and related management 118°30.65′ W; thence 33°01.29′ N, taking implications under Executive systems practices) that are developed or 118°33.88′ W; thence along the Order 12630, Governmental Actions and adopted by voluntary consensus shoreline returning to 33°02.05′ N, Interference with Constitutionally standards bodies. 118°35.85′ W. Protected Property Rights. This rule does not use technical (2) Section B Civil Justice Reform standards. Therefore, we did not consider the use of voluntary consensus Beginning at 32°57.30′ N, 118°30.88′ This rule meets applicable standards standards. W; thence to 32°59.60′ N, 118°28.33′ W; in sections 3(a) and 3(b)(2) of Executive thence running parallel to the shore at Order 12988, Civil Justice Reform, to Environment a distance of approximately 3 NM from minimize litigation, eliminate We have analyzed this rule under the high tide line to 32°55.83′ N, ambiguity, and reduce burden. Department of Homeland Security 118°24.22′ W; thence to 32°53.53′ N,

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118°26.52′ W; thence along the shoreline returning to 32°49.10′ N, shoreline returning to 32°56.13′ N, shoreline returning to 32°57.30′ N, 118°21.05′ W. 118°32.95′ W. 118°30.88′ W. (5) Section E (7) Section G (3) Section C ° ′ ° ′ Beginning at 33°01.08’ N, 118°36.333’ ° ′ ° ′ Beginning at 32 50.70 N, 118 29.37 ° ′ ° ′ Beginning at 32 53.53 N, 118 26.52 W; thence to 32°48.05′ N, 118°31.68′ W; W; thence to 32 59.95 N, 118 39.77 W; W; thence to 32°55.83′ N, 118°24.22′ W; thence running parallel to the shore at thence running parallel to the shore at thence running parallel to the shore at a distance of approximately 3 NM from a distance of approximately 3 NM from a distance of approximately 3 NM from the high tide line to 33°04.93′ N, the high tide line to 32°53.62′ N, the high tide line to 32°47.27′ N, 118°37.07′ W; thence to 33°02.05′ N, 118°35.93′ W; thence to 32°56.13′ N, 118°18.23′ W; thence to 32°49.10′ N, 118°35.85′ W; along the shoreline 118°32.95′ W; thence along the 118°21.05′ W; thence along the returning to 33°01.08′ N, 118°36.33′ W. shoreline returning to 32°50.70′ N, shoreline returning to 32°53.53′ N, 118°29.37′ W. (8) Wilson Cove 118°26.52′ W. (6) Section F Beginning at 33°01.28′ N, 118°33.88′ (4) Section D W; thence to 33°02.82′ N, 118°30.65′ W; Beginning at 32°49.10′ N, 118°21.05′ Beginning at 32°56.13′ N, 118°32.95′ thence running parallel to the shore at W; thence to 32°47.27′ N, 118°18.23′ W; W; thence to 32°53.62′ N, 118°35.93′ W; a distance of approximately 3 NM from thence running parallel to the shore at thence running parallel to the shore at the high tide line to 32°59.60’ N, a distance of approximately 3 NM from a distance of approximately 3 NM from 118°28.33′ W; thence to 32°57.30′ N, the high tide line to 32°48.38′ N, the high tide line to 32°59.95′ N, 118°30.88′ W; thence along the 118°31.69′ W; thence to 32°50.70′ N, 118°39.77′ W; thence to 33°01.08′ N, shoreline returning to 33°01.28′ N, 118°29.37′ W; thence along the 118°36.33′ W; thence along the 118°33.88′ W.

(b) Definitions. The following authorized to act on the behalf of the procedure described in paragraph (d)(2) definition applies to this section: Captain of the Port (COTP). of this section before entering either of designated representative, means any (c) Enforcement. (1) This regulation those sections (paragraphs (a)(7) and commissioned, warrant, and petty will be enforced at all times in Section (8)). officers of the Coast Guard on board G and the Wilson Cove section of the (2) This regulation will be enforced in Coast Guard, Coast Guard Auxiliary, safety zone described in paragraph (a) of Sections A through F of the safety zone and local, state, and Federal law this section. Mariners must obtain described in paragraphs (a)(1) through enforcement vessels who have been permission in accordance with the (6) of this section except when the Coast

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Guard notifies the public that Dated: April 22, 2010. telephone 206–217–6088, e-mail enforcement of the zone in specified T. H. Farris, [email protected]. If you sections is temporarily suspended. Captain, U.S. Coast Guard, Captain of the have questions on viewing the docket, Mariners need not obtain permission in Port San Diego. call Renee V. Wright, Program Manager, accordance with the procedure [FR Doc. 2010–12063 Filed 5–19–10; 8:45 am] Docket Operations, telephone 202–366– described in paragraph (d)(2) of this BILLING CODE 9110–04–P 9826. section to enter a zone section in which SUPPLEMENTARY INFORMATION: enforcement is temporarily suspended. Regulatory Information At all other times, mariners must obtain DEPARTMENT OF HOMELAND The Coast Guard is issuing this permission in accordance with the SECURITY temporary final rule without prior procedure described in paragraph (d)(2) Coast Guard notice and opportunity to comment before entering any of those sections. pursuant to authority under section 4(a) (3) The COTP will provide notice of 33 CFR Part 165 of the Administrative Procedure Act suspended enforcement by means [Docket No. USCG–2010–0389] (APA) (5 U.S.C. 553(b)). This provision appropriate to effect the widest authorizes an agency to issue a rule publicity, including broadcast notice to RIN 1625–AA00 without prior notice and opportunity to mariners, publication in the local notice comment when the agency for good Safety Zone; Washington State to mariners, and posting the schedule of cause finds that those procedures are Department of Transportation Ferries restricted access periods by date, ‘‘impracticable, unnecessary, or contrary Division Marine Rescue Response to the public interest.’’ Under 5 U.S.C. location and duration at http:// (M2R) Full-Scale Exercise for a Mass www.scisland.org. 553(b)(B), the Coast Guard finds that Rescue Incident (MRI) good cause exists for not publishing a (d) Regulations. (1) The general AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM) regulations governing safety zones with respect to this rule because ACTION: Temporary final rule. found in 33 CFR 165.23 apply to the immediate action is necessary to ensure safety zone described in paragraph (a) of SUMMARY: The Washington State the safety of life and property on this section. Department of Transportation Ferries navigable waters. (2) Mariners requesting permission to Division (WSF) is conducting a Marine Under 5 U.S.C. 553(d)(3), the Coast transit through any section of the zone Rescue Response (M2R) full-scale Guard finds that good cause exists for may request authorization to do so from exercise in Port Madison. This training making this rule effective less than 30 the Fleet Area Control and Surveillance exercise will simulate a mass rescue days after publication in the Federal Facility (FACSFAC) San Diego by either incident (MRI) and will involve an Register. Delaying the effective date would be contrary to the public interest calling 619–545–4742 or establishing a abandon ship scenario with multiple because hazards associated with large VHF bridge to bridge radio connection response vessels. This temporary safety scale training exercises could lead to on Channel 16. Immediately upon zone is necessary to ensure the safety of the participating ferries, rescue vessels, severe injury, fatalities and/or completing transit, the vessel operator destruction of public property. must promptly notify the FACSFAC of and the maritime public during the exercise by prohibiting any vessel Therefore immediate action is necessary safe passage through the safety zone. operators from entering or remaining to ensure safety of the public and of Failure to expeditiously notify within a 500-yard radius of the participants in the WSF M2R exercise. FACSFAC of passage through the safety participating ferries unless authorized Basis and Purpose zone will result in a determination by by the Captain of the Port, Puget Sound the Navy that the vessel is still in the or Designated Representative. The WSF is hosting a M2R full scale safety zone, thereby restricting the use exercise which will simulate a MRI to DATES: This rule is effective from 8 a.m. provide training in specific emergency of the area for naval operations. If the until 11:59 p.m. on 25 May 2010, unless response procedures. The exercise will Navy determines that facilitating safe cancelled sooner by the Captain of the test WSF procedures, and establish transit through the zone negatively Port. impacts range operations, the Navy will protocols with the response ADDRESSES: Documents indicated in this cease this practice and enforce the organization specific to ferries in the preamble as being available in the Puget Sound area. This temporary safety safety zones in these two areas without docket are part of docket USCG–2010– exception. zone will mitigate navigation and safety 0389 and are available online by going concerns that may arise from the (3) All persons and vessels must to http://www.regulations.gov, inserting exercise by restricting the area and comply with the instructions of the U.S. USCG–2010–0389 in the ‘‘Keyword’’ keeping any transiting vessels from Navy, Coast Guard Captain of the Port box, and then clicking ‘‘Search.’’ They interfering. or the designated representative. are also available for inspection or copying at the Docket Management Discussion of Rule (4) Upon being hailed by U.S. Navy or Facility (M–30), U.S. Department of U.S. Coast Guard patrol personnel by The Coast Guard is establishing a Transportation, West Building Ground siren, radio, flashing light, or other temporary safety zone within Port Floor, Room W12–140, 1200 New Jersey means, the operator of a vessel must Madison, Washington. This safety zone Avenue, SE., Washington, DC 20590, is established to prohibit any vessel proceed as directed. between 9 a.m. and 5 p.m., Monday operator from entering or remaining (5) The U.S. Coast Guard may be through Friday, except Federal holidays. within 500 yards of the ferries assisted in the patrol and enforcement FOR FURTHER INFORMATION CONTACT: If participating in the WSF M2R exercise, of the safety zone described in you have questions on this temporary unless authorized by the Captain of the paragraph (a) of this section by the U.S. rule, call or e-mail Ensign Rebecca E. Port, Puget Sound or Designated Navy and local law enforcement McCann, Sector Seattle, Waterways Representative. The simulation involves agencies. Management Division, Coast Guard; one large ferry dead in the water (DIW),

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being assisted by another large ferry and Port, Puget Sound or Designated Interference with Constitutionally will temporarily affect vessel traffic. The Representative. Protected Property Rights. zone will be effective between 8 a.m and Assistance for Small Entities Civil Justice Reform 11:59 p.m. on May 26, 2010. The Captain of the Port may be Under section 213(a) of the Small This rule meets applicable standards assisted in the enforcement of the zone Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive by other federal, state, or local agencies. Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to minimize litigation, eliminate Regulatory Analyses we offer to assist small entities in understanding the rule so that they can ambiguity, and reduce burden. We developed this rule after better evaluate its effects on them and Protection of Children considering numerous statutes and participate in the rulemaking process. We have analyzed this rule under executive orders related to rulemaking. Small businesses may send comments Executive Order 13045, Protection of Below we summarize our analyses on the actions of Federal employees Children from Environmental Health based on 13 of these statutes or who enforce, or otherwise determine Risks and Safety Risks. This rule is not executive orders. compliance with, Federal regulations to an economically significant rule and the Small Business and Agriculture Regulatory Planning and Review does not create an environmental risk to Regulatory Enforcement Ombudsman This rule is not a significant health or risk to safety that may and the Regional Small Business regulatory action under section 3(f) of disproportionately affect children. Executive Order 12866, Regulatory Regulatory Fairness Boards. The Planning and Review, and does not Ombudsman evaluates these actions Indian Tribal Governments require an assessment of potential costs annually and rates each agency’s This rule does not have tribal and benefits under section 6(a)(3) of that responsiveness to small business. If you implications under Executive Order Order. The Office of Management and wish to comment on actions by 13175, Consultation and Coordination Budget has not reviewed it under that employees of the Coast Guard, call 1– with Indian Tribal Governments, Order. 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial Although this safety zone will restrict Coast Guard will not retaliate against direct effect on one or more Indian access to the area, the effect of the rule small entities that question or complain tribes, on the relationship between the will not be significant because: the about this rule or any policy or action Federal Government and Indian tribes, safety zone will be in place for a limited of the Coast Guard. or on the distribution of power and period of time and maritime traffic will Collection of Information responsibilities between the Federal still be able to transit around the zone. Government and Indian tribes. Additionally, maritime traffic may This rule calls for no new collection Energy Effects request permission to transit through of information under the Paperwork the zone from the Captain of the Port, Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Puget Sound or Designated 3520). Executive Order 13211, Actions Representative. Federalism Concerning Regulations That Significantly Affect Energy Supply, Small Entities A rule has implications for federalism Distribution, or Use. We have Under the Regulatory Flexibility Act under Executive Order 13132, determined that it is not a ‘‘significant (5 U.S.C. 601–612), we have considered Federalism, if it has a substantial direct energy action’’ under that order because whether this rule would have a effect on State or local governments and it is not a ‘‘significant regulatory action’’ significant economic impact on a would either preempt State law or under Executive Order 12866 and is not substantial number of small entities. impose a substantial direct cost of likely to have a significant adverse effect The term ‘‘small entities’’ comprises compliance on them. We have analyzed on the supply, distribution, or use of small businesses, not-for-profit this rule under that Order and have energy. The Administrator of the Office organizations that are independently determined that it does not have of Information and Regulatory Affairs owned and operated and are not implications for federalism. has not designated it as a significant dominant in their fields, and Unfunded Mandates Reform Act energy action. Therefore, it does not governmental jurisdictions with require a Statement of Energy Effects populations of less than 50,000. The Unfunded Mandates Reform Act under Executive Order 13211. The Coast Guard certifies under 5 of 1995 (2 U.S.C. 1531–1538) requires U.S.C. 605(b) that this rule will not have Federal agencies to assess the effects of Technical Standards a significant economic impact on a their discretionary regulatory actions. In The National Technology Transfer substantial number of small entities. particular, the Act addresses actions and Advancement Act (NTTAA) (15 This rule will affect the following that may result in the expenditure by a U.S.C. 272 note) directs agencies to use entities, some of which may be small State, local, or tribal government, in the voluntary consensus standards in their entities: the owners and operators of aggregate, or by the private sector of regulatory activities unless the agency vessels intending to operate in Port $100,000,000 (adjusted for inflation) or provides Congress, through the Office of Madison, Washington between 8 a.m. more in any one year. Though this rule Management and Budget, with an and 11:59 p.m. on 25 May 2010. The will not result in such an expenditure, explanation of why using these rule will not have a significant we do discuss the effects of this rule standards would be inconsistent with economic impact on a substantial elsewhere in this preamble. applicable law or otherwise impractical. number of small entities, because the Voluntary consensus standards are Taking of Private Property safety zone is short in duration and technical standards (e.g., specifications maritime traffic will be able to transit This rule will not cause a taking of of materials, performance, design, or around the safety zone. Maritime traffic private property or otherwise have operation; test methods; sampling may also request permission to transit taking implications under Executive procedures; and related management through the zone from the Captain of the Order 12630, Governmental Actions and systems practices) that are developed or

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adopted by voluntary consensus by other Federal, State, or local agencies www.regulations.gov, inserting USCG– standards bodies. with the enforcement of the safety zone. 2009–1057 in the ‘‘Keyword’’ box, and This rule does not use technical (c) Authorization. All vessel operators then clicking ‘‘Search.’’ This material is standards. Therefore, we did not who desire to enter the safety zone must also available for inspection or copying consider the use of voluntary consensus obtain permission from the Captain of at the Docket Management Facility (M– standards. the Port or Designated Representative by 30), U.S. Department of Transportation, contacting the Coast Guard Sector West Building Ground Floor, Room Environment Seattle Joint Harbor Operations Center W12–140, 1200 New Jersey Avenue, SE., We have analyzed this rule under (JHOC) on VHF Ch 16 or via telephone Washington, DC 20590, between 9 a.m. Department of Homeland Security at (206) 217–6001. Vessel operators and 5 p.m., Monday through Friday, Management Directive 023–01 and granted permission to enter the zone except Federal holidays. Commandant Instruction M16475.lD, will be escorted by the on-scene Coast FOR FURTHER INFORMATION CONTACT: If which guide the Coast Guard in Guard patrol craft until they are outside you have questions on this rule, call or complying with the National of the safety zone. e-mail LT Matthew N. Jones, Staff Environmental Policy Act of 1969 (d) Enforcement Period. This rule is Attorney, Thirteenth Coast Guard (NEPA) (42 U.S.C. 4321–4370f), and effective from 8 a.m. until 11:59 p.m. on District; telephone 206–220–7155, have concluded this action is one of a 25 May 2010, unless canceled sooner by e-mail [email protected]. If category of actions that do not the Captain of the Port. you have questions on viewing or individually or cumulatively have a Dated: May 7, 2010. submitting material to the docket, call significant effect on the human Renee V. Wright, Program Manager, environment. This rule is categorically S. W. Bornemann, Captain, U.S. Coast Guard, Captain of the Docket Operations, telephone 202–366– excluded, under figure 2–1, paragraph 9826. (34)(g), of the Instruction. This rule Port, Puget Sound. SUPPLEMENTARY INFORMATION: involves the establishment of a [FR Doc. 2010–12062 Filed 5–19–10; 8:45 am] temporary safety zone. An BILLING CODE 9110–04–P Regulatory Information environmental analysis checklist and a On January 13, 2010, we published an categorical exclusion determination are DEPARTMENT OF HOMELAND interim rule entitled ‘‘Security Zone; available in the docket where indicated SECURITY Escorted U.S. Navy Submarines in under ADDRESSES. Sector Seattle Captain of the Port Zone’’ List of Subjects in 33 CFR Part 165 Coast Guard in the Federal Register (75 FR 1709). We received one comment on the Harbors, Marine safety, Navigation 33 CFR Part 165 (water), Reporting and recordkeeping proposed rule that was actually posted to the docket of a related rule. No one requirements, Security measures, [Docket No. USCG–2009–1057] Waterways. requested a public meeting and none RIN 1625–AA87 was held. ■ For the reasons discussed in the Under 5 U.S.C. 553(d)(3), the Coast preamble, the Coast Guard amends 33 Security Zone; Escorted U.S. Navy Guard finds that good cause exists for CFR part 165, as follows: Submarines in Sector Seattle Captain making this rule effective less than 30 of the Port Zone PART 165—REGULATED NAVIGATION days after publication in the Federal AREAS AND LIMITED ACCESS AREAS AGENCY: Coast Guard, DHS. Register because waiting 30 days would be contrary to the public interest since ACTION: Final rule. ■ 1. The authority citation for Part 165 U.S. Navy submarine operations in the continues to read as follows: SUMMARY: The Coast Guard is Sector Seattle Captain of the Port Zone Authority: 33 U.S.C. 1226, 1231; 46 U.S.C establishing a moving security zone are ongoing, making the security zone Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; around any U.S. Navy submarine that is created by this rule immediately 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. operating in the Sector Seattle Captain necessary to help ensure the security of L. 107–295, 116 Stat. 2064; Department of of the Port Zone, which includes the the submarines, their Coast Guard Homeland Security Delegation No. 0170.1 Puget Sound and coastal waters of the security escorts, and the maritime public in general. ■ 2. Add § 165.T13–144 to read as State of Washington, and is being follows: escorted by the Coast Guard. The Background and Purpose security zone is necessary to help § 165.T13–144 Safety Zone; Washington ensure the security of the submarines, U.S. Navy submarines frequently State Department of Transportation Ferries their Coast Guard security escorts, and operate in the Sector Seattle Captain of Division Marine Rescue Response (M2R) the maritime public in general. The the Port Zone as defined in 33 CFR Full-Scale Exercise for a Mass Rescue 3.65–10, which includes the Puget Incident (MRI). security zone will do so by prohibiting all persons and vessels from coming Sound and coastal waters of the State of (a) Location. All waters encompassed within 1000 yards of an escorted Washington. Due to the numerous within 500 yards of the Washington submarine unless authorized by the security concerns involved with State Ferries involved in the M2R Coast Guard patrol commander. submarine operations near shore, the exercise in Port Madison, WA on 25 Coast Guard frequently provides DATES: May 2010. This rule is effective May 20, security escorts of submarines when (b) Regulations. In accordance with 2010. operating in that area. Security escorts the general regulations in 33 CFR part ADDRESSES: Comments and material of this type require the Coast Guard 165, subpart C, no vessel operator may received from the public, as well as personnel on-scene to make quick enter or remain in the safety zone documents mentioned in this preamble judgments about the intent of vessels without the permission of the Captain of as being available in the docket, are part operating in close proximity to the the Port or Designated Representative. of docket USCG–2009–1057 and are submarines and decide, occasionally The Captain of the Port may be assisted available online by going to http:// with little information about the vessels

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or persons on board, whether or not Regulatory Planning and Review Assistance for Small Entities they pose a threat to the submarine. This rule is not a significant Under section 213(a) of the Small The security zone established by this regulatory action under section 3(f) of Business Regulatory Enforcement rule will keep persons and vessels a Executive Order 12866, Regulatory Fairness Act of 1996 (Pub. L. 104–121), sufficient distance away from Planning and Review, and does not in the interim rule we offered to assist submarines operating in the Sector require an assessment of potential costs small entities in understanding the rule Seattle Captain of the Port Zone so as to and benefits under section 6(a)(3) of that so that they could better evaluate its (1) avoid unnecessary and potentially Order. The Office of Management and effects on them and participate in the dangerous contact with or distraction of Budget has not reviewed it under that rulemaking process. Coast Guard security escorts and (2) give Order. Small businesses may send comments Coast Guard security escorts additional on the actions of Federal employees time and space to determine the intent The Coast Guard has made this who enforce, or otherwise determine of vessels that, for whatever reason, are determination based on the fact that (1) compliance with, Federal regulations to operating too close to a submarine. Both the security zone is only in effect for the the Small Business and Agriculture of these effects will help ensure the short periods of time when submarines Regulatory Enforcement Ombudsman security of the submarines, their Coast are operating in the Sector Seattle and the Regional Small Business Captain of the Port Zone and are being Guard security escorts, and the maritime Regulatory Fairness Boards. The escorted by the Coast Guard, (2) the public in general. Ombudsman evaluates these actions security zone moves with the annually and rates each agency’s Discussion of Comments and Changes submarines, (3) vessels will be able to responsiveness to small business. If you transit around the security zone at most wish to comment on actions by This rule establishes a moving locations in the Puget Sound and other employees of the Coast Guard, call 1– security zone encompassing all waters coastal waters of Washington, and (4) 888–REG–FAIR (1–888–734–3247). The within 1000 yards of any U.S. Navy vessels may, if necessary, be authorized Coast Guard will not retaliate against submarine that is operating in the Sector to enter the security zone with the small entities that question or complain Seattle Captain of the Port Zone as permission of the Coast Guard patrol about this rule or any policy or action defined in 33 CFR 3.65–10, which commander. of the Coast Guard. includes the Puget Sound and coastal waters of the State of Washington, and Small Entities Collection of Information is being escorted by the Coast Guard. All Under the Regulatory Flexibility Act This rule calls for no new collection persons and vessels are prohibited from (5 U.S.C. 601–612), we have considered of information under the Paperwork entering the security zone unless whether this rule would have a Reduction Act of 1995 (44 U.S.C. 3501– authorized by the Coast Guard patrol significant economic impact on a 3520). commander. While naval vessel substantial number of small entities. Federalism protection zones, under 33 CFR The term ‘‘small entities’’ comprises 165.2030, around these escorted U.S. small businesses, not-for-profit A rule has implications for federalism Navy submarines are still in effect, organizations that are independently under Executive Order 13132, persons would need to seek permission owned and operated and are not Federalism, if it has a substantial direct from the Coast Guard patrol commander dominant in their fields, and effect on State or local governments and to enter within 1000 yards of these governmental jurisdictions with would either preempt State law or escorted submarines while they are in populations of less than 50,000. impose a substantial direct cost of the Sector Seattle Captain of the Port compliance on them. We have analyzed Zone. The Coast Guard certifies under 5 this rule under that Order and have U.S.C. 605(b) that this rule will not have One comment was received about this determined that it does not have a significant economic impact on a implications for federalism. rule. The commenter expressed substantial number of small entities. concerns about the potential for This rule will affect the following Unfunded Mandates Reform Act commercial traffic to have to deviate entities, some of which may be small The Unfunded Mandates Reform Act from established traffic lanes and/or entities: The owners or operators of of 1995 (2 U.S.C. 1531–1538) requires instructions provided by Vessel Traffic vessels intending to transit an area Federal agencies to assess the effects of Service (VTS) Puget Sound to avoid covered by the security zone. The their discretionary regulatory actions. In entering the security zone. A change to security zone will not, however, have a particular, the Act addresses actions the rule was made based on this significant economic impact on a that may result in the expenditure by a comment. Specifically, language was substantial number of small entities State, local, or tribal government, in the added to clarify that the Coast Guard because (1) the security zone is only in aggregate, or by the private sector of patrol commander will coordinate with effect for the short periods of time when $100,000,000 (adjusted for inflation) or Vessel Traffic System users on a case- submarines are operating in the Sector more in any one year. Though this rule by-case basis to make appropriate Seattle Captain of the Port Zone and are will not result in such an expenditure, passing arrangements under the being escorted by the Coast Guard, (2) we do discuss the effects of this rule circumstances. the security zone moves with the elsewhere in this preamble. Regulatory Analyses submarines, (3) vessels will be able to transit around the security zone at most Taking of Private Property We developed this rule after locations in the Puget Sound and other This rule will not cause a taking of considering numerous statutes and coastal waters of Washington, and (4) private property or otherwise have executive orders related to rulemaking. vessels may, if necessary, be authorized taking implications under Executive Below we summarize our analyses to enter the security zone with the Order 12630, Governmental Actions and based on 13 of these statutes or permission of the Coast Guard patrol Interference with Constitutionally executive orders. commander. Protected Property Rights.

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Civil Justice Reform This rule does not use technical users on a case-by-case basis to make This rule meets applicable standards standards. Therefore, we did not appropriate passing arrangements under in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus the circumstances. 33 CFR Section 165, Order 12988, Civil Justice Reform, to standards. Subpart D, contains additional provisions applicable to the security minimize litigation, eliminate Environment ambiguity, and reduce burden. zone created in paragraph (a) of this We have analyzed this rule under section. Protection of Children Department of Homeland Security (c) Notification. The Coast Guard Management Directive 023–01 and We have analyzed this rule under security escort will attempt, when Commandant Instruction M16475.lD, Executive Order 13045, Protection of necessary and practicable, to notify any which guide the Coast Guard in Children from Environmental Health persons or vessels inside or in the complying with the National Risks and Safety Risks. This rule is not vicinity of the security zone created in Environmental Policy Act of 1969 an economically significant rule and paragraph (a) of this section of its (NEPA)(42 U.S.C. 4321–4370f), and does not create an environmental risk to existence via VHF Channel 16 and/or have concluded this action is one of a health or risk to safety that may any other means reasonably available. category of actions that do not disproportionately affect children. Dated: April 25, 2010. individually or cumulatively have a G.T. Blore, Indian Tribal Governments significant effect on the human environment. This rule is categorically Rear Admiral, U.S. Coast Guard, Commander, This rule does not have tribal Thirteenth Coast Guard District. excluded, under figure 2–1, paragraph implications under Executive Order (34)(g), of the Instruction. This rule [FR Doc. 2010–12064 Filed 5–19–10; 8:45 am] 13175, Consultation and Coordination involves the establishment of a security BILLING CODE 9110–04–P with Indian Tribal Governments, zone. An environmental analysis because it does not have a substantial checklist and a categorical exclusion direct effect on one or more Indian determination are available in the POSTAL SERVICE tribes, on the relationship between the docket where indicated under Federal Government and Indian tribes, 39 CFR Part 232 ADDRESSES. or on the distribution of power and responsibilities between the Federal List of Subjects in 33 CFR Part 165 Conduct on Postal Property; Penalties and Other Law Government and Indian tribes. Harbors, Marine safety, Navigation Energy Effects (water), Reporting and recordkeeping AGENCY: Postal Service. requirements, Security measures, ACTION: Final rule. We have analyzed this rule under Waterways. Executive Order 13211, Actions ■ For the reasons discussed in the SUMMARY: The U.S. Postal Service is Concerning Regulations That amending the Code of Federal Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 CFR part 165 as follows: Regulations to retract an increase in the Distribution, or Use. We have maximum penalty for violations of the ‘‘ determined that it is not a significant PART 165—REGULATED NAVIGATION rules concerning conduct on Postal ’’ energy action under that order because AREAS AND LIMITED ACCESS AREAS Service property. it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not ■ 1. The authority citation for part 165 DATES: Effective Date: May 20, 2010. likely to have a significant adverse effect continues to read as follows: FOR FURTHER INFORMATION CONTACT: Elizabeth P. Martin, General Counsel, on the supply, distribution, or use of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. energy. The Administrator of the Office Chapter 701; 50 U.S.C. 191, 195; 33 CFR Office of Inspector General, (703) 248– of Information and Regulatory Affairs 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107– 2100. has not designated it as a significant 295, 116 Stat. 2064; Department of Homeland SUPPLEMENTARY INFORMATION: On energy action. Therefore, it does not Security Delegation No. 0170.1. January 27, 2010, the Postal Service published an amendment to the Code of require a Statement of Energy Effects ■ 2. Revise § 165.1327 to read as Federal Regulations concerning the under Executive Order 13211. follows: maximum penalty for a violation of the Technical Standards § 165.1327 Security Zone; Escorted U.S. rules governing conduct on Postal The National Technology Transfer Navy Submarines in Sector Seattle Captain Service property (75 FR 4273). The and Advancement Act (NTTAA) (15 of the Port Zone. former rules had established the U.S.C. 272 note) directs agencies to use (a) Location. The following area is a maximum penalty for a violation as a voluntary consensus standards in their security zone: All waters within 1000 fine of not more than $50 or regulatory activities unless the agency yards of any U.S. Navy submarine that imprisonment of not more than 30 days, provides Congress, through the Office of is operating in the Sector Seattle or both. As revised by that notice, the Management and Budget, with an Captain of the Port Zone, as defined in maximum penalty for a violation was explanation of why using these 33 CFR Section 3.65–10, and is being increased to a fine of not more than that standards would be inconsistent with escorted by the Coast Guard. allowed under title 18 of the United applicable law or otherwise impractical. (b) Regulations. In accordance with States Code or imprisonment of not Voluntary consensus standards are the general regulations in 33 CFR more than 30 days, or both. technical standards (e.g., specifications Section 165, Subpart D, no person or Since the publication of this of materials, performance, design, or vessel may enter or remain in the amendment, the Postal Service has operation; test methods; sampling security zone created by paragraph (a) of determined that it is necessary to revisit procedures; and related management this section unless authorized by the this matter, and to re-examine the text systems practices) that are developed or Coast Guard patrol commander. The of the rule for clarity, specificity, and adopted by voluntary consensus Coast Guard patrol commander will contractual compliance. For this reason, standards bodies. coordinate with Vessel Traffic System the Postal Service has determined that

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it is appropriate to amend the relevant ‘‘eligible vessel’’ to be considered for a the trade. An unintended consequence provision once again to re-establish the waiver of the coastwise laws to operate of the current small passenger waiver maximum penalty in effect before the as small passenger vessels or regulation is that the Maritime effective date of the previous notice, uninspected passenger vessels Administration is unable to grant January 27, 2010. authorized to carry no more than 12 waivers to owners of vessels of less than List of Subjects in 39 CFR Part 232 passengers for hire. The new definition five net tons who want to operate in of ‘‘eligible vessel’’ deletes the coastwise trade. Authority delegations (Government requirement that the eligible vessel be On January 27, 2010, MARAD agencies), Crime, Federal buildings and five net tons or more. That requirement published a notice of proposed facilities, Government property, Law is not in the enabling statute and is rulemaking providing for a public enforcement officers, Postal Service, preventing MARAD from considering comment period of 60 days. No Security measures. waiver requests from small vessels. In comments were received on this ■ For the reasons stated in the preamble, addition, the mailing address of the proposal. Accordingly, in this final rule, the Postal Service amends 39 CFR part agency needs to be updated to reflect the Maritime Administration adopts the 232 as set forth below: the agency’s present address. rule, as proposed. The rule extends the DATES: This final rule will be effective eligibility of vessels for its Small Vessel PART 232—CONDUCT ON POSTAL June 21, 2010. Waiver Program by removing the five PROPERTY Docket: For access to the docket to net ton minimum requirement. Vessels eligible for a waiver of the ■ 1. The authority citation for part 232 read background documents, go to coastwise trade laws will be limited to continues to read as follows: http://www.regulations.gov at any time to view docket number 2010–0012 or to foreign built or foreign re-built small Authority: 18 U.S.C. 13, 3061; 21 U.S.C. Room PL–401 of the Department of passenger vessels and uninspected 802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7), passenger vessels as defined by section 1201(2). Transportation, 1200 New Jersey Avenue, SE., Washington, DC, between 2101 of Title 46, United States Code. ■ 2. In § 232.1, paragraph (p)(2) is 9 a.m. and 5 p.m., Monday through Additionally, vessels requested for revised to read as follows: Friday, except Federal holidays. consideration must be greater than three years old. We will not grant waivers in § 232.1 Conduct on postal property. FOR FURTHER INFORMATION CONTACT: Joann Spittle, Office of Cargo Preference instances where such waivers will have * * * * * and Domestic Trade, Maritime an unduly adverse effect on U.S. vessel (p) * * * builders or U.S. businesses that use U.S. (2) Whoever shall be found guilty of Administration, MAR–730, Room W21– 203, 1200 New Jersey Avenue, SE., flag vessels. Under Title V, MARAD also violating the rules and regulations in has the authority to revoke coastwise this section while on property under the Washington, DC 20590. Telephone: 202–366–5979 or 800–9US–FLAG; e- endorsements under the limited charge and control of the Postal Service circumstances where a foreign-built or is subject to a fine of not more than $50 mail: [email protected]. SUPPLEMENTARY INFORMATION: Public foreign-rebuilt passenger vessel, or imprisonment of not more than 30 previously allowed into service, is days, or both. Nothing contained in Law 105–383 authorized the Secretary of Transportation to grant waivers of the deemed to have obtained such these rules and regulations shall be endorsement through fraud. In addition, construed to abrogate any other Federal U.S.-build requirement for the smallest of passenger vessels (those carrying 12 the final rule changes the mailing laws or regulations or any State and address of the agency found at 46 CFR local laws and regulations applicable to or fewer passengers) to operate in the coastwise trade. It also authorized the 388.3(a)(2) to reflect the agency’s any area in which the property is present address. situated. Secretary of [Homeland Security] to * * * * * issue a certificate of documentation Rulemaking Analysis and Notices with an appropriate endorsement for Stanley F. Mires, employment in the coastwise trade as a Executive Order 12866 and DOT Chief Counsel, Legislative. small passenger vessel or an Regulatory Policies and Procedures [FR Doc. 2010–12122 Filed 5–19–10; 8:45 am] uninspected passenger vessel for This final rule is not significant under BILLING CODE 7710–12–P eligible vessels authorized to carry no section 3(f) of Executive Order 12866, more than 12 passengers for hire if the and as a consequence, OMB did not Secretary of Transportation, after notice review the rule. This final rule is not DEPARTMENT OF TRANSPORTATION and an opportunity for public comment, significant under the Regulatory Policies determines that the employment of the and Procedures of the Department of Maritime Administration vessel in the coastwise trade will not Transportation (44 FR 11034; February adversely affect: (1) United States vessel 26, 1979). The costs and benefits 46 CFR Part 388 builders; or (2) the coastwise trade associated with this rulemaking are [Docket No. MARAD 2010 0012] business of any person that employs considered to be so minimal that no vessels built in the United States in that further regulatory impact analysis is RIN 2133–AB76 business. necessary. Until now, the term ‘‘eligible vessel’’ Administrative Waivers of the was understood to mean a vessel Executive Order 1313 Coastwise Trade Laws: New Definition eligible for U.S. Coast Guard We analyzed this rulemaking in for Eligible Vessel documentation, which applies to vessels accordance with the principles and AGENCY: Maritime Administration, of a minimum size of five net tons. criteria contained in E.O. 13132 Department of Transportation. However, under 46 U.S.C. 12102(b), a (‘‘Federalism’’) and have determined that ACTION: Final rule. vessel of less than five net tons may it does not have sufficient Federalism engage in the coastwise trade without implications to warrant the preparation SUMMARY: The Maritime Administration documentation, if the vessel otherwise of a Federalism summary impact (MARAD) is changing the definition of satisfies the requirements to engage in statement. This rule has no substantial

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effects on the States, or on the current Unfunded Mandates Reform Act of ■ 1. In § 388.2, revise paragraph (c) to Federal-State relationship, or on the 1995. It does not result in costs of read as follows. current distribution of power and $141.3 million or more to either State, responsibilities among the various local local, or tribal governments, in the § 388.2 Definitions. officials. Therefore, consultation with aggregate, or to the private sector, and * * * * * State and local officials was not is the least burdensome alternative that (c) Eligible Vessel means a vessel necessary. achieves the objectives of the rule. that—is either a small passenger vessel Department guidance requires the use of or an uninspected passenger vessel Regulatory Flexibility Act a revised threshold figure of $141.3 that— The Regulatory Flexibility Act million, which is the value of $100 (1) Was not built in the United States requires MARAD to assess the impact million in 2008 after adjusting for and is at least 3 years of age; or that regulations will have on small inflation. (2) If rebuilt, was rebuilt outside the entities. After analysis of this final rule, United States at least 3 years before the I certify that this final rule will not have Consultation and Coordination With certificate of documentation with a significant economic impact on a Indian Tribal Governments appropriate endorsement if granted, substantial number of small entities. MARAD believes that regulations would become effective. Although we expect many applicants for evolving from this final rule would have * * * * * vessel waivers to be small businesses, no significant or unique effect on the we do not believe that the economic communities of Indian tribal ■ 2. In § 388.3, revise the introductory impact will be significant. This rule governments when analyzed under the paragraphs of paragraphs (a) and (a)(2) allows MARAD to waive the U.S.-build principles and criteria contained in to read as follows: and other requirements for eligible Executive Order 13084 (Consultation § 388.3 Application and fee. vessels and provides a small economic and Coordination with Indian Tribal (a) An owner of a vessel may choose benefit to applicants. This regulation Governments). Therefore, the funding either of two methods to apply for an will only allow vessels to carry the and consultation requirements of this administrative waiver of the coastwise statutory maximum of 12 passengers. As Executive Order would not apply. a consequence, MARAD estimates that a trade laws of the United States for an vessel owner who receives a waiver may Regulation Identifier Number (RIN) eligible vessel to carry no more than earn a few hundred dollars per year for A regulation identifier number (RIN) twelve passengers for hire. localized operations (geographic is assigned to each regulatory action * * * * * restrictions apply), such as whale listed in the Unified Agenda of Federal (2) Alternatively, applicants may send watching and personalized fishing Regulations. The Regulatory Information written applications to Small Passenger expeditions. Also, the economic impact Service Center publishes the Unified Vessel Waiver Applications, Office of of this rule is limited because it Agenda in April and October of each Cargo Preference, MAR–730, 1200 New precludes vessel owners from year. The RIN number contained in the Jersey Ave., SE., Washington, DC 20590. participating in other economic heading of this document can be used Written applications need not be in any activities, such as carrying cargo and to cross-reference this action with the particular format, but must be signed, be commercial fishing. Unified Agenda. accompanied by a check made out to the order of ‘‘Maritime Administration,’’ and Environmental Assessment Privacy Act contain the following information: This rule is not expected to have a Anyone is able to search the * * * * * significant effect on the human and electronic form of all comments By the order of the Maritime natural environment, individually or received into any of our dockets by the Administrator. cumulatively, and is categorically name of the individual submitting the Dated: May 10, 2010. excluded from further documentation comment (or signing the comment, if requirements under the National submitted on behalf of an association, Christine Gurland, Environmental Policy Act (NEPA) by business, labor union, etc.). You may Secretary, Maritime Administration. Maritime Administrative Order 600–1, review DOT’s complete Privacy Act [FR Doc. 2010–11927 Filed 5–19–10; 8:45 am] Categorical Exclusion No. 3. In pertinent Statement in the Federal Register BILLING CODE P part, Categorical Exclusion No. 3 applies published on April 11, 2000 (Volume to: ‘‘promulgation of rules, regulations, 65, Number 70; Pages 19477–78). directives, and amendments thereto FEDERAL COMMUNICATIONS List of Subjects in 46 CFR Part 388 which do not require a regulatory COMMISSION impact analysis under section 3 of Adminsitrative practice and Executive Order 12291 or do not have procedure, Maritime carriers, Passenger 47 CFR Part 0 vessels, Reporting and recordkeeping a potential to cause a significant effect [GN Docket No. 09–51; PS Docket No. 06– on the environment.’’ requirements. 229; FCC 10–67] ■ Accordingly, the Maritime Paperwork Reduction Act Administration amends part 388, 46 Establishment of an Emergency The Office of Management and Budget CFR chapter II, subchapter J, to read as Response Interoperability Center (OMB) has reviewed and approved the follows: information collection requirements AGENCY: Federal Communications under the Paperwork Reduction Act of PART 388—ADMINISTRATIVE Commission. 1995 (44 U.S.C. 3501, et seq.) The OMB WAIVERS OF THE COASTWISE TRADE ACTION: Final rule. approval number is 2133–0529. LAWS SUMMARY: This Order amends Part 0 of Unfunded Mandates Reform Act Authority: 46 App. U.S.C. 1114(b); Pub. L. the Commission’s rules to establish This final rule does not impose 105–383, 112 Stat. 3445 (46 U.S.C. 12121): 49 rules governing the Emergency unfunded mandates under the CFR 1.66. Response Interoperability Center (ERIC).

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The Commission further delegates safety broadband wireless network. The Public Safety and Homeland Security authority to the Chief of the Public Commission also anticipates that over Bureau to develop, recommend, and Safety and Homeland Security Bureau time, ERIC may perform similar administer policy goals, objectives, to establish advisory bodies and select functions with respect to other public rules, regulations, programs, and plans appropriate representatives from federal safety communications systems. for the Commission in matters agencies, the public safety community, The Commission will not send a copy pertaining to the implementation of and industry to advise ERIC. of this Order pursuant to the national interoperability standards and DATES: Effective Date: June 21, 2010. Congressional Review Act, see 5 U.S.C. the development of technical and ADDRESSES: Federal Communications 801(a)(1)(A), because the adopted rules operational requirements and Commission, 445 12th Street, SW., are rules of agency organization, procedures for the 700 MHz public Washington, DC 20554. procedure, or practice that do not safety broadband wireless network and FOR FURTHER INFORMATION CONTACT: substantially affect the rights or other public safety communications Jennifer Manner, obligations of non-agency parties. systems. These requirements and [email protected]; (202) 418– List of Subjects in 47 CFR Part 0 procedures may involve such issues as 3619. interoperability, roaming, priority Organization and functions access, gateway functions and SUPPLEMENTARY INFORMATION: The (Government agencies). interfaces, interconnectivity of public Commission will not send a copy of this Federal Communications Commission. safety broadband networks, Order pursuant to the Congressional Marlene H. Dortch, authentication and encryption, and Review Act, see 5 U.S.C. 801(a)(1)(A), Secretary. requirements for common public safety because the adopted rules are rules of broadband applications. agency organization, procedure, or Final Rules (b) To the extent permitted by practice that do not substantially affect ■ applicable law, the Chief of the Public the rights or obligations of non-agency For the reasons discussed in the preamble, the Federal Communications Safety and Homeland Security Bureau parties. shall have delegated authority to On March 16, 2010, the Commission Commission proposes to amend 47 part establish one or more advisory bodies, submitted a report to Congress entitled 0 as follows: consistent with the Federal Advisory ‘‘The National Broadband Plan (Plan).’’ PART 0—COMMISSION Committee Act or other applicable law, As part of its national broadband ORGANIZATION to advise the Emergency Response strategy, the Plan recommends the Interoperability Center in the establishment of an Emergency ■ 1. The authority citation for part 0 performance of its responsibilities. Such Response Interoperability Center (ERIC) continues to read as follows: advisory bodies may include tasked with ensuring that the 700 MHz Authority: Sec. 5, 48 Stat. 1068, as representatives from relevant Federal public safety broadband wireless amended; 47 U.S.C. 155, 225, unless public safety and homeland security network will be fully operable and otherwise noted. entities, representatives from state and interoperable on a nationwide basis, ■ 2. Section 0.191 is amended by adding local public safety entities, industry both day-to-day as well as during times paragraph (q) to read as follows: representatives, and service providers. of emergency. To ensure a baseline of operability § 0.191 Functions of the Bureau. ■ 4. Section 0.392 is amended by and interoperability from the start of the * * * * * revising the introductory text to read as network’s development, the (q) Oversees the Emergency Response follows: Commission has concluded that the Interoperability Center, establishes the § 0.392 Authority Delegated. public interest will be served by intergovernmental advisory committees establishing ERIC within the Public described under § 0.192(b), and The Chief, Public Safety and Safety and Homeland Security Bureau administers the agency’s responsibilities Homeland Security Bureau, is hereby (PSHSB). Accordingly, the Commission in connection with such committees. delegated authority to perform all functions of the Bureau, described in is assigning to ERIC responsibilities ■ 3. Add § 0.192 to Subpart A to read as §§ 0.191 and 0.192, subject to the consistent with those currently assigned follows: to PSHSB under § 0.191 of the FCC’s following exceptions and limitations in rules. More specifically, ERIC will be § 0.192 Emergency Response paragraphs (a) through (e) of this tasked with implementing national Interoperability Center. section. interoperability standards and (a) The Emergency Response * * * * * developing technical and operational Interoperability Center acts under the [FR Doc. 2010–12139 Filed 5–19–10; 8:45 am] procedures for the 700 MHz public general direction of the Chief of the BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 75, No. 97

Thursday, May 20, 2010

This section of the FEDERAL REGISTER Federal eRulemaking Portal, http:// applicable to the product. This contains notices to the public of the proposed www.regulations.gov. Follow the certificate is called a General issuance of rules and regulations. The instructions for submitting comments. Conformity Certificate (GCC). purpose of these notices is to give interested To ensure timely processing of Section 14(a)(2) of the CPSA, 15 persons an opportunity to participate in the comments, the Commission is no longer U.S.C. 2063(a)(2), requires rule making prior to the adoption of the final rules. accepting comments submitted by manufacturers and private labelers of electronic mail (email) except through any children’s product that is subject to http://www.regulations.gov. a children’s product safety rule to CONSUMER PRODUCT SAFETY Written Submissions: Submit written submit samples of the product, or COMMISSION submissions in the following way: samples that are identical in all material Mail/Hand delivery/Courier (for respects to the product, to a third party 16 CFR Part 1109 paper, disk, or CD–ROM submissions), conformity assessment body accredited preferably in five copies, to: Office of the by CPSC to be tested for compliance [CPSC Docket No. CPSC–2010–0037] Secretary, Consumer Product Safety with such children’s product safety rule. Commission, Room 820, 4330 East West Conditions and Requirements for Based on that testing, the manufacturer Highway, Bethesda, MD 20814; Testing Component Parts of Consumer or private labeler must issue a certificate telephone (301) 504–7923. Products that certifies that such children’s Instructions: All submissions received product complies with the children’s AGENCY: Consumer Product Safety must include the agency name and product safety rule based on the Commission. docket number for this proposed assessment of a third party conformity collection of information. All comments ACTION: Notice of proposed rulemaking. assessment body accredited to conduct received may be posted without change, such tests. 15 U.S.C. 2063(a)(2)(B). The SUMMARY: The Consumer Product Safety including any personal identifiers, manufacturer or private labeler of the Commission (‘‘CPSC,’’ ‘‘Commission,’’ or contact information, or other personal children’s product must issue either a ‘‘we’’) is issuing a notice of proposed information provided to http:// separate certificate for each applicable rulemaking regarding the conditions www.regulations.gov. Do not submit children’s product safety rule or a and requirements for testing of confidential business information, trade combined certificate that certifies component parts of consumer products secret information, or other sensitive or compliance with all applicable to demonstrate, in whole or in part, protected information electronically. children’s product safety rules and compliance of a consumer product with Such information should be submitted specifies each such rule. This certificate all applicable rules, bans, standards, in writing, with the sensitive portions is called a Children’s Product and regulations: to support a general clearly identified. Certificate. conformity certificate or a certificate for Docket: For access to the docket to Section 14(g) of the CPSA contains a children’s product pursuant to section read background documents or additional requirements for these 14(a) of the Consumer Product Safety comments received, go to http:// certificates. 15 U.S.C. 2063(g). Each Act (CPSA); as part of a reasonable www.regulations.gov. certificate must identify the testing program pursuant to section FOR FURTHER INFORMATION CONTACT: manufacturer or private labeler issuing 14(a) of the CPSA; as part of the Randy Butturini, Project Manager, the certificate and any third party standards and protocols for continued Office of Hazard Identification and conformity assessment body on whose testing of children’s products pursuant Reduction, Consumer Product Safety testing the certificate depends. The to section 14(d)(2) of the CPSA; and/or Commission, 4330 East West Highway, certificate must include, at a minimum, to meet the requirements of any other Bethesda, MD 20814; telephone (301) the date and place of manufacture, the rule, ban, standard, guidance, policy, or 504–7562; e-mail [email protected]. date and place where the product was protocol regarding consumer product SUPPLEMENTARY INFORMATION: tested, each party’s name, full mailing testing that does not already directly address, telephone number, and contact address component part testing.1 I. Introduction information for the individual DATES: Written comments must be Except as provided in section 14(a)(2) responsible for maintaining records of received by August 3, 2010. of the CPSA, section 14(a)(1) of the test results. Every certificate must be ADDRESSES: You may submit comments, CPSA, 15 U.S.C. 2063(a)(1), requires legible, and all required content must be identified by Docket No. CPSC–2010– manufacturers and private labelers of a in the English language. A certificate 0037, by any of the following methods: product that is subject to a consumer also may contain the same content in Electronic Submissions: Submit product safety rule (defined in section any other language. electronic comments in the following 3(a)(6) of the CPSA), or to any similar Section 14(g) of the CPSA also states way: rule, ban, standard, or regulation under that every certificate must accompany any other act enforced by the the applicable product or shipment of 1 The Commission voted 5–0 to approve Commission, to issue a certificate. The products covered by the same publication of this proposed rule. Chairman Inez certificate: (1) Must certify, based on a certificate, and a copy of the certificate Tenenbaum and Commissioners Nancy Nord and test of each product or upon a must be furnished to each distributor or Anne Northup each filed a statement concerning reasonable testing program, that the retailer of the product. Upon request, this action. These statements may be viewed on the Commission’s Web site at http://www.cpsc.gov/pr/ product complies with all CPSC the manufacturer or private labeler statements.html or obtained from the Commission’s requirements; and (2) must specify each issuing the certificate must furnish a Office of the Secretary. rule, ban, standard, or regulation copy of the certificate to the

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Commission. The Commission has Interim Enforcement Policy), available B. Proposed Subpart A—General regulations, at 16 CFR part 1110, at http://www.cpsc.gov/businfo/ Conditions and Requirements specifying the parties responsible for frnotices/fr10/comppol.pdf and Proposed subpart A, consisting of issuing certificates, the form and published in the Federal Register on §§ 1109.1 through 1109.5, would set out content of certificates, and other December 29, 2009 (74 FR 68593)). The generally applicable conditions and requirements for certificates, including proposed rule also reflects the requirements. that certificates can be provided in Commission’s consideration of electronic form. comments to those notices and to the 1. Scope—Proposed § 1109.1 This proposed rule would set forth workshop. Proposed § 1109.1 would define the the conditions and requirements for The Commission invites comment on scope of the rule as applying to all tests testing of component parts of consumer whether finished product certifiers of component parts of consumer products, including children’s products, should be permitted to rely on other products where the test results are used where such testing is intended to types of certifications from other to support a certificate of compliance demonstrate, in whole or in part, the persons (in addition to component part issued pursuant to section 14(a) of the product’s compliance with any rule, certifications). The proposed rule only CPSA or where the tests are otherwise standard, ban, or regulation enforced by would allow a finished product certifier required or permitted by section 14 of the Commission that is subject to the to rely on certificates relating to the the CPSA. requirements of section 14 of the CPSA performance of individual component 2. Purpose—Proposed § 1109.2 and that does not itself directly address parts; it would not authorize a finished Proposed § 1109.2 would discuss the testing of component parts. Specifically, product certifier to rely on a certificate rule’s purpose, which is to set forth the the proposed rule would establish the from another party certifying that the conditions and requirements under conditions under which a party finished product itself complies with an which the Commission will require or certifying a product under section 14 of applicable rule. For example, it would accept the results of testing of the CPSA may rely on tests of not allow certification by others in the component parts of consumer products, component parts of the product, case of standards, such as the small instead of the entire consumer product, including materials used to produce it, parts ban at 16 CFR 1500.19, which to meet, in whole or in part, the testing as all or part of the basis for a valid require testing of the entire product as and certification requirements of certificate that the product complies opposed to an individual component. sections 14(a), 14(b), and 14(d) of the with all applicable requirements Should this limitation be modified so CPSA. enforced by the Commission. The that the importer of a product would be proposed rule also would set out the able to base its own certification on 3. Applicability—Proposed § 1109.3 conditions under which such tests of what might be termed a ‘‘subordinate’’ Proposed § 1109.3 would specify that component parts can be conducted by certificate from a foreign manufacturer the rule applies to all manufacturers, persons other than the manufacturer, or other interested party to the effect importers, or private labelers and to the such as the manufacturer or supplier of that the product complies with one or manufacturers or suppliers of the component parts. The proposed rule more of these standards? What are the component parts that: (1) Are is consistent with earlier positions taken risks and benefits of allowing such an responsible for certifying products by the Commission (see: (1) A Statement arrangement? under section 14(a) of the CPSA or for of Policy: Testing of Component Parts Elsewhere in this issue of the Federal continued compliance testing under with Respect to Section 108 of the Register, the Commission is issuing a section 14(d) of the CPSA; or (2) test Consumer Product Safety Improvement proposed rule titled ‘‘Testing and component parts of consumer products Act, available on the Commission’s Web Labeling Pertaining to Product to support a certification of compliance site at http://www.cpsc.gov/about/ Certification’’; that proposed rule would under section 14(a) of the CPSA or to componenttestingpolicy.pdf, which address testing, continuing testing, and comply with continuing testing outlined the Commission’s interim labeling requirements for consumer requirements under section 14(d) of the position on component testing of products, including children’s products, CPSA. products containing plasticized and would create a new 16 CFR part 4. Definitions—Proposed § 1109.4 component parts for phthalates; (2) a 1107. Component testing may help Statement of Policy: Testing and manufacturers meet their testing or Proposed § 1109.4 would define Certification of Lead Content in continuing testing obligations under various terms used in the rule. For Children’s Products, available on the section 14 of the CPSA. example, the proposal would define a Commission’s Web site at http:// component part, in part, as ‘‘any part of www.cpsc.gov/about/cpsia/ II. Description of the Proposed Rule a consumer product, including a leadpolicy.pdf.; (3) Guidance Document: A. Introduction children’s product, that either must or Testing and Certification Requirements may be tested separately from a finished Under the Consumer Product Safety The proposed rule would establish a consumer product, to assess the Improvement Act of 2008, available at new 16 CFR part 1109, setting forth the consumer product’s ability to comply http://www.cpsc.gov/library/foia/foia10/ conditions under which the with a specific rule, ban, standard, or brief/102testing.pdf; (4) a notice Commission will allow certification of regulation enforced by the CPSC.’’ As regarding a Commission workshop on consumer products based in whole or in another example, proposed § 1109.4 testing and certification published in part on testing of component parts or would define a ‘‘finished product the Federal Register on November 13, composite parts. The new part 1109 certifier’’ as ‘‘a firm responsible for 2009, at 74 FR 58611, 58616; and (5) an would consist of two subparts: Subpart certifying compliance of a consumer Interim Enforcement Policy on A—General Conditions and product with all applicable rules, bans, Component Testing and Certification of Requirements, and Subpart B— standards, and regulations pursuant to Children’s Products and Other Conditions and Requirements for part 1110 of this chapter.’’ ‘‘Component Consumer Products to the August 14, Specific Consumer Products, part certifier’’ would be defined as ‘‘a 2000 Lead Limits (the Lead Limits Component Parts, and Chemicals. firm that certifies component parts to be

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used in consumer products as quantity that is sufficient for testing Proposed § 1109.5(e) would specify complying with one or more rules, bans, purposes and may be in any form that that finished product certifiers may not standards, or regulations enforced by has the same content as the component rely on component part testing the CPSC pursuant to part 1109.’’ The part of the finished product. For conducted by another unless such generic term ‘‘certifier’’ would be example, assume that a children’s toy component parts are traceable. defined as a firm that is either a finished manufacturer receives plastic resins in Traceable is defined in proposed product certifier or a component part an unfinished state (such as pellets) § 1109.4(m) as the ability of a certifier to certifier. from a supplier and later molds the identify the source of a component part, The proposed rule would provide that plastic resins into a component or a including the name and address of the when samples of component parts are finished children’s toy in the entity providing the component part to tested, they must be identical in all manufacturing process, and assume that the certifier. material respects to the component parts the plastic resins need to be tested for Proposed § 1109.5(f) would require used in the finished product. Proposed phthalates. The children’s toy testing parties who are not themselves § 1109.4 would specify that ‘‘identical in manufacturer may send samples of the certifying a component part to provide all material respects’’ means there is no plastic, either as pellets or in their the following documentation to the difference with respect to compliance to finished state, to a third party component part certifier, either in hard the applicable rules between the conformity assessment body for testing. copy or electronically: samples and the finished product. A finished product certifier must (1) Identification or a description of 5. Conditions and Requirements exercise due care to ensure that no the component part tested; (2) Identification of a lot or batch Generally—Proposed § 1109.5 change in the component parts after testing and before distribution in number for which the testing applies; Proposed § 1109.5 would set out commerce has occurred that would (3) Identification of the applicable conditions and requirements that affect compliance, including rules, bans, standards, and regulations generally apply to all types of contamination or degradation. Proposed for which each component part was component part testing. Proposed § 1109.5(a)(2) also would state that tested; § 1105.5(a)(1) would state that finished manufacturers must exercise due care in (4) Identification or a description of product certifiers may rely on testing of the proper management and control of the testing methods and sampling a component part of a consumer product all raw materials, component parts, protocols used; only where testing of the component subassemblies, and finished goods for (5) The date or date range when the part is required or sufficient to assess any factor that could affect the finished component part was tested; the consumer product’s compliance, in product’s compliance with all (6) The results of each test on a whole or in part, with an applicable applicable rules. The manufacturer must component part; and rule, ban, standard, or regulation. For exercise due care that the manufacturing (7) If the product was tested by a third example, testing a component part of a process does not add a prohibited party conformity assessment body, children’s product for lead may be chemical from an untested source, such regardless of whether such third party sufficient in situations where only the as the material hopper, regrind testing was required because the component part is known to contain or equipment, or other equipment used in product is a children’s product or may contain lead. On the other hand, the assembly of the finished product. whether the testing party chose to use testing a component part of a consumer Proposed § 1109.4(g) would define ‘‘due such third party conformity assessment product for compliance with the small care’’ to mean the degree of care that a body, identification of such conformity parts requirements of 16 CFR part 1501 prudent and competent person engaged assessment body, a copy of the original will rarely, if ever, be appropriate, in the same line of business or endeavor test results, and a certification that all because the test procedure described at would exercise under similar testing was performed in compliance 16 CFR 1501.4 generally requires that circumstances. with section 14 of the CPSA and the entire product be tested to Under proposed § 1109.5(b), a proposed part 1107 of this title. determine whether small parts can be finished product certifier would not be The above information is needed so detached during the use or abuse of the able to rely on testing of a component that, if noncomplying products are entire product. Proposed § 1109.5(a)(1) part of a consumer product for any rule, found, the Commission can use this also would specify that any doubts ban, standard, or regulation that information to determine whether a about whether testing one or more requires testing the entire consumer finished product certifier, component component parts of a consumer product product to assess compliance. part certifier, or third party conformity can help to assess whether the entire Under proposed § 1109.5(c), certifiers assessment body is not complying with product complies with applicable rules, and testing parties would be required to the appropriate requirements. bans, standards, and regulations should ensure that the required test methods Under proposed § 1109.5(g)(1), the be resolved in favor of testing the entire and sampling protocols, as set forth in Commission would consider any product. proposed 16 CFR part 1107, as well as certificate issued by a component part Proposed § 1109.5(a)(2) would require any more specific applicable rules, bans, certifier in accordance with this part to that the component part tested be standards, regulations, or testing be a certificate issued in accordance identical in all material respects to the protocols, are used to assess compliance with section 14(a) of the CPSA. A component used in the finished of the component part. component part certificate must contain consumer product. Under this section, Proposed § 1109.5(d) would state that, all of the information required by part to be identical in all material respects to subject to any more specific rule, ban, 1110 of this chapter. This provision a component for purposes of supporting standard, or regulation, component part would allow finished product certifiers a certification of a children’s product, a testing may occur before final assembly to rely on section 19(b) of the CPSA, sample need not necessarily be of the of a consumer product, provided that which provides that a person who holds same size, shape, or finish condition nothing in the final assembly of the a certificate issued in accordance with (such as polished, deburred, etc.) as the consumer product can cause the section 14(a) of the CPSA (to the effect component part of the finished product; component part or the consumer that a consumer product conforms to all rather, the sample may consist of any product to become noncompliant. applicable consumer product safety

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rules) is not subject to the prohibitions (1) Identify both the corresponding states that the requirements of ASTM F in section 19(a)(1) of the CPSA documentation required in proposed 963 must be considered to be consumer (regarding distributing noncomplying § 1109.5(f) and any report provided by product safety standards issued by the products) and section 19(a)(2) of the a third party conformity assessment Commission under section 9 of the CPSA (regarding distributing products body on which the consumer product’s CPSA.) subject to certain voluntary corrective certification is based; and The testing of component parts actions) unless such person knows that (2) Certify that nothing subsequent to consists of three general categories: (1) such consumer product does not component part testing, for example, in Testing for the levels of chemicals in conform. However, such person may the process of final assembly of the paints or surface coatings; (2) testing of violate section 19(a)(6) of the CPSA if consumer product, changed or degraded actual component parts of a product to the products that are the subject of any the consumer product such that it determine the content of chemicals in certificate issued by that person in fact affected the product’s ability to meet all the component parts; and (3) testing of do not comply with the applicable applicable rules, bans, standards, and a combination of paints or surface standard(s) and such person, in the regulations. coatings or a combination of component exercise of due care, would have reason Proposed § 1109.5(i) would require parts (i.e., composite testing), which can to know that their certificate is false or testing parties to maintain the reduce the number of tests required or misleading in any material respect. documentation that would be required the number of products needed to Proposed § 1109.5(h)(1) would address in proposed § 1109.5(f) for 5 years. obtain a sample large enough to test. how this duty of due care applies to Additionally, all certifiers would have C. Proposed Subpart B—Conditions and finished product certifiers. to maintain records to support the Requirements for Specific Consumer Proposed § 1109.5(g)(2) would traceability of component part suppliers for as long as the product is produced Products, Component Parts, and provide that any person who elects to Chemicals certify compliance of a component part or imported by the certifier plus 5 years. with an applicable rule must assume all Test records would be retained for 5 1. Introduction years. All records would be required to responsibilities of a manufacturer under Proposed subpart B would consist of part 1107 of this chapter with respect to be available in the English language. The documentation and records are four provisions, §§ 1109.11 through that component part’s compliance with needed to enable the Commission to 1109.14. The first three provisions the applicable rule. investigate component part suppliers would discuss specific requirements for Under proposed § 1109.5(h)(1), a and component part certifiers if consumer products (namely chemicals finished product certifier must exercise noncomplying, yet certified, products in paint and similar surface coatings, due care in order to rely, in whole or in are found. Records would be required to lead content, and phthalates in part, on a component part certificate be maintained for 5 years because the products). The fourth provision would issued by a component part certifier or statute of limitations under 28 U.S.C. concern composite testing. on component part testing by a testing 2462 allows the Commission to bring an party as the basis for a finished product 2. Proposed § 1109.11—Lead in Paint action within that time. It would be and Surface Coatings certificate. If a finished product certifier unnecessarily burdensome to require a fails to exercise due care in its reliance manufacturer to maintain records Proposed § 1109.11 would address on a certificate for a component part, beyond the time the Commission could component part testing for the levels of then the Commission will not consider pursue an action. The proposal would specified chemicals in paints or surface the finished product certifier to hold a require certifiers to maintain the records coatings. This aspect of the proposed component part certificate issued in at the location within the United States rule is based on the Commission’s accordance with section 14(a) of the specified in 16 CFR 1110.11(d), or, if the previously published enforcement CPSA. Exercising due care in this records are not maintained at the policy for testing products for context means taking the steps a custodian’s address, at a location compliance with lead limits. 74 FR prudent and competent person would specified by the custodian. The 68593 (December 28, 2009). take to conduct a reasonable review of manufacturer must make these records Section 101(f)(1) of the CPSIA a component part certificate and to available, either in hard copy or required the Commission to revise its address any concern over its validity. electronically, for inspection by the preexisting regulation (at 16 CFR Such steps may vary according to the CPSC upon request. 1303.1) so that paints and similar circumstances. Some requirements enforced by the surface coating materials having a lead Under proposed § 1109.5(h)(2), a Commission limit the content of certain content in excess of 0.009 percent of the finished product certifier must not rely chemicals in consumer products. These weight of the total nonvolatile content on component part testing by a testing include the limits for lead content in of the paint or the weight of the dried party or component part certifier unless children’s products in section 101(a) of paint film are banned hazardous it receives the documentation under the CPSIA, the limit for lead content of products. (To simplify this discussion, proposed § 1109.5(f) from the paint and similar surface-coating we use the term ‘‘paint’’ broadly to component part certifier or testing party. materials in 16 CFR part 1303, the include any type of surface coating that The Commission may consider a prohibition of more than 0.1 percent of is subject to 16 CFR part 1303 or section finished product certifier who does not certain phthalates in children’s toys and 4.3.5.2 of ASTM F 963.) The new lower obtain such documentation before child care articles in section 108 of the limit in 16 CFR part 1303 applies not certifying a consumer product to have CPSIA, and the limitation of the only to paint sold to consumers as such failed to exercise due care. amounts of compounds of antimony, (for example, a gallon of paint sold at a Under proposed § 1109.5(h)(3), any arsenic, barium, cadmium, chromium, hardware store), but also to any paint on certification of a consumer product lead, mercury, or selenium in paints or toys or other articles for children and to based, in whole or in part, on other surface coatings in toys in section any paint on certain household component part testing performed by a 4.3.5.2 of ASTM F 963 (‘‘Standard furniture items (not limited to children’s component part certifier or a testing Consumer Safety Specification for Toy furniture). See 16 CFR part 1303. The party must: Safety’’). (Section 106(a) of the CPSIA principles for testing paint subject to 16

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CFR part 1303 also apply to the testing other characteristic, the manufacturer of sources before or during application to of paint and surface coatings for toys in the paint, and the supplier of the paint the product. section 4.3.5.2 of ASTM F 963. (if different). 3. Proposed § 1109.12—Component Part In the case of paint and coatings, a Proposed § 1109.11(b) would state manufacturer of a children’s product Testing for Lead Content of Children’s that, as part of its basis for certification Products can send samples of the finished of a children’s product to the lead paint product to a third party conformity limit or other paint limit, a certifier may a. Testing for Lead Content assessment body so that each type of rely on a test report showing passing On August 14, 2009, the general limit paint may be scraped off and tested test results for one or more paints used for lead in any accessible part of a individually. However, where small on the product, based on testing children’s product was reduced from amounts of a particular paint are used performed by a third party conformity 600 parts per million (‘‘ppm’’) to 300 (such as painted eyes on a doll), under assessment body. The manufacturer of ppm (see section 101(a)(2)(B) of the existing regulations, a large number of the children’s product must ensure that CPSIA). On that date, it became samples of the children’s product may each paint sample sent to a third party unlawful to sell, offer for sale, be needed to obtain enough of that paint conformity assessment body is identical manufacture for sale, distribute in to test. in all material respects to the paint used Because compliance of a paint to its commerce, or import into the United on the finished product. Test reports States any product that is subject to the content limits is a function of the paint must identify each paint tested, by and not of the component part or new lead limits, but fails to comply, color, formulation, or other regardless of when the product was substrate to which it is applied, characteristic, and identify the proposed § 1109.11(a)(1) would require made. Under section 101(a)(1) of CPSIA, manufacturer of the paint and the any children’s product containing an testing of paint after it has been applied supplier of the paint (if different). to any suitable substrate, in an accessible part with lead above the limit Proposed § 1109.11(c) would state appropriate quantity, and dried. The is to be treated as a banned hazardous that, as part of its basis for certification substrate used need not be of the same substance under the Federal Hazardous of a children’s product to the lead paint material as in the finished product or Substances Act. Section 101 of the limit or other paint limit, a component have the same shape or other CPSIA provides that the lead content part certifier or finished product characteristics as the part of the finished limit for children’s products will be certifier may rely on a certificate from product to which the paint will be lowered to 100 ppm beginning August another person certifying that paint applied. 14, 2011, unless the Commission finds Proposed § 1109.11(a)(2) would complies with the applicable limit. The that a limit of 100 ppm is not provide that, for the tested paint to be paint certificate for a children’s product technologically feasible for a product or identical in all material respects to that must be based on testing by a third party product category. used in production of the consumer conformity assessment body of samples Currently, testing and certification is product, the paint samples tested must of paints that are identical in all required for metal component parts of have the same composition as the paint material respects to the paints used on children’s metal jewelry. 73 FR 78331 used on the finished product. For the finished product. The paint (December 22, 2008); 74 FR 6396 example, if a children’s product certificate must identify all test reports (February 9, 2009). The certification manufacturer uses a drying agent that underlying the certification. must be based on testing by a third party mixes with the paint, then the test Proposed § 1109.11(c) also would conformity assessment body listed on sample must reflect this mixture. provide that any finished product CPSC’s Web site as qualified to test for However, a larger quantity of the paint certifier who certifies a children’s lead in children’s metal jewelry (see may be tested than is used on the product as complying with the lead http://www.cpsc.gov/cgi-bin/ consumer product, in order to generate paint limit or other paint limit should labapplist.aspx). If the children’s metal a sufficient sample size. For example, a be able to trace each batch of paint that jewelry bears paint, it must also be children’s product manufacturer may is used on the product to the supplier certified as in compliance with the 90 spray paint a large surface area of a and, if different, the paint manufacturer. ppm limit. The requirement for testing substrate with the paint product for the The finished product manufacturer and certification of other children’s purposes of generating a sufficient should ensure that paints meeting the products for lead content (except paint) amount of paint for the sample. The applicable limits are not later has been stayed until February 10, 2011. paint may be supplied to the third party contaminated with lead from other 74 FR 68588 (December 28, 2009). conformity assessment body either in sources before or during application to The Commission has determined that liquid form or in the form of a dried film the product. some materials, by their nature, will of the paint on any suitable substrate. (A For consumer products that are not never exceed the lead content limits. third party conformity assessment body children’s products but are subject to These materials include many natural is a third party conformity assessment lead paint limits (such as certain materials such as gemstones, wood, body recognized by the CPSC to conduct furniture items), proposed § 1109.11(c) cotton, and wool, as well as certain certification testing on children’s would provide that a finished product refined metals and alloys. For a more products. Such facilities are listed on certifier may base its certification to the complete list of such materials, see 74 the Commission’s Web site at http:// lead paint limit on its own testing of FR 43031 (August 26, 2009). If all www.cpsc.gov/cgi-bin/labapplist.aspx.) each paint used on the product, on accessible parts of a children’s product Proposed § 1109.11(a)(3) would testing by any third party conformity consist of such materials, then that require that the documentation required assessment body, on paint product need not be tested or certified by a testing party pursuant to proposed certification(s) from any person, or on a as in compliance with the lead content § 1109.5(f) and the certificate required of combination of these methods. limits. The Commission recently issued finished product certifiers under section However, product manufacturers must a ‘‘Statement of Policy on Testing and 14(a) of the CPSA and proposed ensure that paint meeting the applicable Certification of Lead Content in § 1109.5(g) identify each paint tested by limits when tested and certified is not Children’s Products’’ (see 74 FR 55820 color, location, specification number or later contaminated with lead from other (Oct. 29, 2009)).

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Since the lead content requirements Proposed § 1109.12(c) would address content of an entire children’s toy or for children’s products apply to any component part certificates. The child care article may present certain accessible part of the product, testing of proposal states that, as part of its basis difficulties. For example, the risk the children’s product’s component for certification of a children’s product presented by phthalates in a component parts may be required. The Commission to the lead content limit, a finished part may not be adequately described if has promulgated a final rule for product certifier could rely on a the percentage concentration of determining when parts of a children’s certificate from another person phthalates is determined in comparison product may be deemed inaccessible certifying that a component part to the whole product, which may have and do not need to be tested for lead complies with the lead limit. The other component parts that do not content. 16 CFR 1500.87; 74 FR 39535 component part certificate would have contain phthalates. In an extreme (August 7, 2009). Neither paint nor to be based on testing by a third party example, a product that has a electroplating may be considered as conformity assessment body of a sample plasticized component part that had a making underlying materials identical in all material respects to the phthalate concentration above 0.1 inaccessible (see section 101(b)(3) of the component part(s) used in the finished percent arguably could be brought into CPSIA). product. The proposal would require compliance with the phthalate limit by the component part certificate to adding more non-plasticized material b. Certification of Children’s Products identify all test reports underlying the and thus ‘‘dilute’’ the concentration of Subject to Lead Content Requirements certification consistent with section 14 phthalates in the whole product. Children’s products, other than of the CPSA. However, this approach would not children’s metal jewelry or those made Under proposed § 1109.12(d), the reduce the risk posed by the of materials that, by their nature, will certificate accompanying the children’s concentration of phthalates in the never exceed the lead content limits, product would have to list each component part. Testing only the must be certified as being in compliance component part tested, by part number plasticized component parts would with the 300 ppm lead content limit or other specification, and for each such avoid such ‘‘dilution’’ scenarios, is more only if they are manufactured after part identify the corresponding test protective of human health, and is February 10, 2011, and only as to report or component part certificate on consistent with the CPSIA’s goal of accessible parts that are not subject to a which product certification is based. limiting children’s exposure to Commission determination as described 4. Proposed § 1109.13—Component Part phthalates. The benefits of the in 16 CFR part 1500.91. Pursuant to Testing for Phthalates in Children’s component part approach are twofold; section 14(a)(2) of the CPSA, the Toys and Child Care Articles in addition to providing more protection certification must be based on testing by for children, it also may significantly Section 108 of the CPSIA permanently a third party conformity assessment reduce the testing costs for prohibits the sale of any children’s toy body listed on CPSC’s Web site as manufacturers in certain circumstances. or child care article containing qualified to test for lead in children’s Proposed § 1109.13(a) would reflect concentrations of more than 0.1 percent our position regarding component part products. of three specified phthalates (di-(2- Thus, proposed § 1109.12 would testing for phthalates by stating that a ethylhexyl) phthalate, dibutyl phthalate, certifier may rely on component part describe requirements pertaining to or benzyl butyl phthalate). Section 108 testing of appropriate component parts component part testing of children’s of the CPSIA also prohibits, on an of a children’s toy or child care article products to determine their lead interim basis, the sale of any children’s for phthalate content if the certifier is content. Proposed § 1109.12(a) would toy that can be placed in a child’s provided with a copy of the original test explain that a certifier may rely on mouth or child care article containing results obtained from the third party component part testing of each concentrations of more than 0.1 percent conformity assessment body. accessible part of a children’s product of three additional phthalates Proposed § 1109.13(b) would state provided that: (diisononyl phthalate, diisodecyl • that, as part of its basis for certification The determination of which, if any, phthalate, or di-n-octyl phthalate), of a children’s product to the phthalate parts are inaccessible pursuant to pending the recommendation of a content limit, a finished product section 101(b)(2) of the CPSIA is based Chronic Hazard Advisory Panel. These certifier may rely on a test report on an evaluation of the finished prohibitions became effective on showing passing test results for one or product; and February 10, 2009. more component parts used on the • For each accessible component part The Commission has stayed the product, based on testing by a of the product, the certifier either has a requirement for testing and certification recognized third party conformity component part test report or a for the phthalate content requirements assessment body. Component part test component part certificate. until 90 days after the Commission reports would have to identify each Proposed § 1109.12(b) states that, as publishes a notice of requirements for component part tested, by part number part of its basis for certification of a accrediting conformity assessment or other specification, and the children’s product to the lead content bodies to test to the phthalate content manufacturer and the supplier of the limit, a finished product certifier could requirements. 74 FR 68588 (December component part (if different). rely on a test report showing passing 28, 2009). Proposed 1109.13(c) would state that, test results for one or more component In general, phthalates are chemicals as part of its basis for certification of a parts used on the product, based on added to plastic to make the plastic children’s product to the phthalate testing by a third party conformity more flexible or resilient, and concerns content limit, a finished product assessment body. The proposal would have been raised about possible adverse certifier may rely on a certificate from require the component part test reports health effects resulting from exposure to another person certifying that a to identify each component part tested, phthalates. In March 2009, the component part complies with the limit. by part number or other specification, as Commission’s staff sought comment on The component part report must be well as the manufacturer of the a method for testing phthalate content based on testing by a third party component part and the supplier (if as a percentage of the entire toy or child conformity assessment body of a sample different). care article. Testing the phthalate that is identical in all material respects

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to the component parts used in the will go undetected. The proposal would Third, in October 2009, the finished product. The component part require such testing and certification of Commission issued a Statement of certificate must identify all test reports component parts to comply with Policy: Testing and Certification of Lead underlying the certification required by proposed § 1109.12 for the lead content Content in Children’s Products, section 14 of the CPSA. Any person who of children’s products or with proposed available at http://www.cpsc.gov/about/ certifies a children’s product as § 1109.13 for the phthalate content of cpsia/leadpolicy.pdf. The October 2009 complying with the phthalate content children’s toys and child care articles. Statement of Policy on lead content limits must be able to trace each When using composite testing, only addressed component part testing for component part of the product to the the total amount of the target chemical lead in children’s products and component part’s manufacturer. is determined, not how much was in provided that component part testing Proposed § 1109.13(d) would require each individual paint or component could be used to test for compliance that the certificate accompanying the part. Therefore, to determine that each with the 300 ppm lead content limit, children’s product list each component paint or component part is within the especially in circumstances where a part tested by part number or other applicable limit, proposed § 1109.14(c) product is made up of several specification and, for each such part, would provide that the entire amount of substances, some of which will not, by identify the corresponding test report or the target chemical in the composite is their nature, contain lead, or where lead component part certificate on which attributed to each paint or component containing parts are inaccessible. product certification is based. part. If this method yields an amount of Fourth, on November 3, 2009, CPSC the target chemical that exceeds the staff issued a proposed Guidance 5. Proposed § 1109.14—Composite Part limit applicable to any paint or Document Testing and Certification Testing component part in the composite Requirements Under The Consumer Composite testing is where more than sample, additional testing would be Product Safety Improvement Act of one paint or surface coating, or more required to determine which of the 2008 (available at http://www.cpsc.gov/ than one component part, are combined paints or component parts, if any, fails library/foia/foia10/brief/102testing.pdf). and the combination is tested for the to meet the applicable limit. The proposed Guidance Document set level of the target chemical. This can forth the CPSC staff’s proposed III. Previous Guidance on Component reduce the number of tests required or interpretation of the testing and Part Testing and Requests for Comment the number of products needed to certification requirements established in obtain a sample large enough to test Between 2008 and December 28, section 102 of the CPSIA. Although the (composite testing). For example, if 2009, the Commission discussed Commission did not vote on this different parts of a doll are painted with component part testing issues, either document, the document provided the small amounts of different paints, the generally or regarding specific framework for the December 10 through paints could be mixed together and substances (such as lead and 11, 2009, workshop on testing and tested for lead. Proposed § 1109.14 phthalates), and invited comment. We certification requirements under section would address composite testing and also held a public workshop on issues 14 of the CPSA. The Guidance would consist of three subsections, one relating to product testing, including Document addressed component part dealing with tests of composite paints component part testing (see 74 FR 58611 testing in sections III.C and III.D of the and surface coatings, one dealing with (November 13, 2009). In brief, the document, as well as in section IV on tests of composite component parts, and previous activities on component part Questions and Answers, in questions 14 one dealing with how to ensure that no testing have consisted of the following: through 20. Moreover, component part failure to comply with the chemical First, the Commission’s staff posted a testing was discussed in several sessions content limits will go undetected. document on the Commission’s Web at the December 2009 workshop on Proposed § 1109.14(a) would state site explaining the new requirements for testing and certification requirements. that, in testing paints for compliance third party testing of children’s products Stakeholders were able to submit with chemical content limits, testing and requesting comments on a number comments on our proposed parties may test a combination of of issues related to component part interpretation of section 14 of the CPSA different paint samples so long as they testing. That document is available on with regard to testing of component follow procedures ensuring that no the Commission’s Web site at http:// parts and on the discussion on failure to comply with the lead limits www.cpsc.gov/about/cpsia/ component part testing at the December will go undetected. For an example of ComponentPartsComments.pdf. The 2009 workshop by submitting comments an acceptable method, see Test Method comment period closed on January 30, on the workshop. We invited written CPSC–CH–E1003–09, Standard 2009. comments on the December 2009 Operating Procedure for Determining Second, on August 7, 2009, the workshop and testing and certification Lead (Pb) in Paint and Other Similar Commission issued a Statement of issues through January 11, 2010, in a Surface Coatings (April 26, 2009) Policy: Testing of Component Parts with notice announcing the workshop that (available on the Internet at http:// Respect to Section 108 of the CPSIA, appeared in the Federal Register of www.cpsc.gov/about/cpsia/CPSC–CH– available on the Commission’s Web site November 13, 2009, at 74 FR 58611, E1003–09.pdf). Proposed § 1109.14(a) at http://www.cpsc.gov/about/ 58616. We summarize and respond to also would require testing and componenttestingpolicy.pdf. The these comments in section IV of this certification of composite paints to August 7, 2009, Statement of Policy document below. comply with proposed § 1109.11. outlined the Commission’s interim Fifth, on December 16, 2009, the Proposed § 1109.14(b) would allow a position on component part testing of Commission approved an Interim third party conformity assessment body products containing plasticized Enforcement Policy on Component to test a combination of plastic component parts for phthalates. In the Testing and Certification of Children’s component parts or a combination of Federal Register of August 17, 2009 (74 Products and Other Consumer Products metal component parts so long as the FR 41400), the Commission invited to the August 14, 2000 Lead Limits third party conformity assessment body comments on the Statement of Policy. (available at http://www.cpsc.gov/ follows procedures ensuring that no The comment period closed on businfo/frnotices/fr10/comppol.pdf. The failure to comply with the lead limits September 16, 2009. Lead Limits Interim Enforcement Policy

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was published in the Federal Register The number assigned to each topic is for supplier who certifies a component part, on December 29, 2009 (74 FR 68593). organizational purposes and does not and not the manufacturer that uses the Finally, a petition was filed with the signify the comment’s value, supplier-certified component part, Commission seeking recognition of importance, or order in which it was should be held liable for various methods of component part received. noncompliance. testing for lead in paint. The petition Comment 1—Almost all persons who Response—Excluding the option of seeks approval for three methods of commented on component part testing using supplier-provided component part testing for lead in paint on component favored it. Many commenters certificates may unduly burden some parts of a consumer product. In a notice acknowledged the benefit of component manufacturers or importers. Where that appeared in the Federal Register of part testing to small businesses. The appropriate, certifiers may rely on December 29, 2009 (74 FR 68596), we commenters cited component part component part certificates received invited comments on the petition. The testing as a way to reduce redundant from suppliers of component parts as comment period ended on February 26, testing when a particular component the basis for issuance of their own 2010. part is used in multiple products. They certificates for the component part or Any final rule arising out of this also wanted the option of component the finished product. However, under notice of proposed rulemaking is part testing when the amount of the section 19(a)(6) of the CPSA, certifiers intended to supersede all policy component part in the finished product may be charged with issuing a false statements and guidelines referred to is small and testing of the finished certificate if, in the exercise of due care, above in section III of this document as product requires destruction of a large they would have had reason to know they apply to testing of component number of units to collect a sufficient that a certificate upon which they relied parts. To the extent component part quantity of the component part to be was false or misleading in any material testing is not addressed by another tested. Several commenters indicated respect. Therefore, certifiers who rely on CPSC-enforced rule, regulation, that testing at the component part level a certification from a component part standard, or testing protocol, the may reduce costs associated with supplier should use due care when Commission intends that this proposed reworking products that do not meet electing to use the component part rule, if finalized, shall apply. In general, safety standards due to a noncompliant suppliers’ certification. Ultimately, the certifiers should test and certify component part. domestic manufacturer or importer is consumer products, including Response—We view component part responsible for compliance of its children’s products, based on the most testing, when appropriate, as a cost- finished product. specific regulation that applies to such effective option to facilitate assurance of Comment 3—Other commenters consumer product. compliant consumer products. A suggested that, to protect against certifier may choose testing of a counterfeit supplier component part IV. Comments on Component Part component part, which by its construct certifications, CPSC should set up an Testing and the CPSC’s Responses or materials is subject to a consumer annual review process of the As described in section III of this product safety rule under the CPSA, or laboratories that it recognizes to prevent document above, we have invited and a similar rule, ban, standard, or such falsifications. received comments on a number of regulation under any other act enforced Response—We disagree with the documents relating to component part by the Commission, when the commenters. Neither the CPSA nor this testing and at a public workshop. All of component part is not altered during the rule requires a certifier to accept a these documents were publicly manufacturing process. Tested component part certification provided available before the end of the comment component parts must be identical in all by a supplier. A certifier is always free period associated with the workshop material respects to those used in a to have the component part or the held by the Commission on December finished product, and certified product tested and then issue a 10 through 11, 2009. See 74 FR 58611 component parts in a finished product certificate for the product based on tests (November 13, 2009). The comment must be able to be traced back to their conducted by the certifier (in the case of period for the workshop ended on certificates. nonchildren’s products) or by a third January 11, 2010. During that comment Comment 2—Commenters had party conformity assessment body (in period, we received 27 comments different opinions concerning who the case of children’s products). relating to testing of component parts of should conduct component part testing If the concern is whether regulated products. Because the and whether a certification provided by manufacturers will be unable to comment period for the workshop was a supplier can be used. One commenter distinguish between genuine and the latest opportunity for interested suggested that component part testing counterfeit component part certificates parties to submit comments, and be limited to the finished product purporting to come from a specific because the comments received cover manufacturer, and not be available to component part supplier, we note that the issues raised by previous comments, component part suppliers, many of suppliers themselves can take steps to we now address only the comments whom, according to the commenter, are deter or reduce counterfeiting. For received between November 13, 2009 located in foreign countries. The example, a supplier concerned about (the date on which we issued a Federal commenter’s concern is that supply counterfeit certificates could add Register notice announcing the chain integrity might not always be various security features, such as color- workshop) and January 11, 2010 (the maintained and untested or counterfeit shifting ink, microprinting, and closing date of the comment period for component parts could be introduced holograms, to its certificates to make the workshop). To make it easier to into a manufacturer’s production. Other counterfeiting more difficult. identify comments and responses, the commenters suggested that product Comment 4—One commenter word ‘‘Comment’’ will precede each manufacturers should be able to use suggested that we establish different topic addressed by the comments, and testing results obtained from component requirements for different component the word ‘‘Response’’ will precede each part suppliers or manufacturers, rather parts based on their inherent safety response to a topic. We also have than requiring the product manufacturer risks. Component parts presenting the numbered each topic to make it easier to test each component part separately. least risk would be exempt from to identify and distinguish comments. Three commenters indicated that the mandatory third party testing.

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Response—In the CPSIA, Congress set of lead (calculated as lead metal) by of the CPSIA contains an exclusion for the chemical content levels applicable weight of the total nonvolatile content products that happen to meet FDA to children’s products. The CPSIA does of the paint or the weight of the dried requirements. not provide that component parts paint film. Thus, the commenter’s Comment 8—Many commenters presenting a real, albeit low, risk can be concern about evaporation of solvents mentioned that manufacturers with very exempted from the requirements for from the paint increasing the lead small production quantities would not third party testing. concentration is unwarranted. be able to afford the destructive testing Comment 5—Many commenters Additionally, under the proposed of a significant percentage of their stated that reliance on component part rule, finished product certifiers would production. Another commenter testing requires that the tested have to maintain documents that mentioned that destructive testing of component parts be representative of demonstrate the traceability of certified gold jewelry is very expensive and that those used in the finished product and materials in their products. component part testing would alleviate that adequate traceability of component Comment 6—Several commenters that situation. parts is maintained. One commenter noted that many component parts are Response—The concerns of these stressed the need to prepare component not children’s products until they are commenters are addressed by the part samples (such as a large paint actually incorporated into a completed proposed rule, since component part sample substituted for a sample product. To these commenters, testing can eliminate or reduce the need obtained by scraping paint from a large mandatory third party testing of all to test the finished product. number of products, each with only a component parts that might be used in Comment 9—One commenter stressed tiny amount of paint) using the same a children’s product would be that some component parts require technique and equipment that is used inefficient and wasteful. The testing of the completed product to for the products. Some commenters commenters added that component part evaluate compliance to the applicable were concerned that, subsequent to suppliers often do not know whether rules. their component part will be used in the testing, raw materials (e.g., premolded Response—We agree with the manufacture of other products. plastic pellets or wet paint in the can) comment. Many CPSC rules may require could be contaminated in the Response—Under the proposal, a component part supplier may, but is not testing of a finished product. The production process, resulting in the proposed rule would not disturb any manufacture of noncompliant products. required to, subject its component part preexisting regulation that requires If, for example, wet paint is found to be to third party testing and/or certification testing of a finished product. compliant, the commenter stated, the (assuming that the component part Comment 10—One commenter said drying process could evaporate enough becomes part of a children’s product). that precertified component parts also solvent to raise the concentration above Similarly, manufacturers may, but are should be allowed as part of a the allowable limit. Another commenter not required to, decide whether to reasonable testing program. The stated that compositing of similar purchase third party certified supplier would undertake third party materials should be valid, so long as the component parts from a supplier or acceptance limit for the test is adjusted whether to conduct third party testing testing and supply a copy of its downward to account for multiple and certification at the component part certificate to the manufacturer. No materials being tested. or finished product level. The proposed additional testing on the component Response—Under the proposed rule, rule would not require third party parts should be required. testing of component parts is an option testing or certification of component Response—A manufacturer may rely when the component part is not altered parts that are not used in children’s upon a supplier’s certification of a during the process of assembling the products. component part, provided that the finished product. If, during processing Comment 7—One commenter component part is not altered during the or assembly of the component part into suggested that reasonable attestations assembly of the finished product. The the finished product, there is a chance from raw material manufacturers should manufacturer must exercise due care to that the component part could be be used in determinations on whether or determine that the supplier’s contaminated or changed in such way not to test for phthalates. The component part certificate is not false or that it is no longer compliant with the commenter contended that third party misleading in any material respect and applicable safety rule(s), the tests by an accredited third party must maintain traceability of manufacturer or importer should test conformity assessment body should not component parts. The person required the finished product, or its component be required. The commenter argued to issue a product certificate under parts, for compliance. Component part that, as part of a reasonable testing section 14(a) of the CPSA for the samples must be identical in all material program, assurances provided by finished product is ultimately respect to the component parts that will suppliers that plastic resins meet Food responsible for the finished product’s be used in the finished product. and Drug Administration (FDA) compliance to CPSC’s safety rules. Component part testing of composited requirements should be considered as a Comment 11—One commenter stated samples is acceptable provided the basis to reduce the amount of periodic that component part testing with subsequent procedures will ensure that testing of toys or children’s products, or production process control measures no failure to comply with a limit will go component parts thereof, made from should be acceptable as verification to undetected. An example of an food-grade plastics. Further, the issue a general certificate of conformity. acceptable procedure is provided in commenter suggested excluding the Response—Proposed part 1109 would CPSC–CH–E1003–09, Standard limits or requirement for testing for allow component part testing in Operating Procedure for Determining inaccessible component parts that may appropriate circumstances. Lead (Pb) in Paint and Other Similar contain phthalates, similar to the Requirements for a reasonable testing Surface Coatings (available on the exclusion for lead. program sufficient to support a general Commission’s Web site at http:// Response—We will consider these certificate of conformity are addressed www.cpsc.gov/about/cpsia/CPSC-CH- comments as part of any rulemaking in the proposed rule titled ‘‘Testing and E1003-09.pdf). We note that the criteria activity for phthalates. However, neither Labeling Pertaining to Product for lead content refer to the percentage section 14 of the CPSA nor section 108 Certification,’’ which is published

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elsewhere in this issue of the Federal For example, a manufacturer that uses identification of a lot or batch number Register as proposed 16 CFR part 1107. the same paint on five different for which the testing applies; what products could obtain test results for the applicable rules, bans, standards, and V. Environmental Considerations paint and use those results to certify regulations it tested for on each Generally, the Commission’s that the same paint, when used on each component part tested; what testing regulations are considered to have little of the five products, complies with the methods and sampling protocols were or no potential for affecting the human applicable safety rules (provided that used; the date or date range the environment, and environmental nothing is added to the paint after the component part was tested; the results assessments and impact statements are testing or during the application of each test on a component part; if the not usually required. See 16 CFR process). Without component part product was tested by a third party 1021.5(a). The proposed rule contains testing, the manufacturer would have to conformity assessment body, the Commission’s conditions and test the paint on each product on which identification of such third party requirements for testing of component it is used, which would increase the conformity assessment body, and a copy parts of consumer products to support, costs of testing by a factor of about 5. of the original test results; and a in whole or in part, a finished product Because component part testing can certification that all testing was certificate that a consumer product significantly reduce the cost of testing, performed in compliance with section complies with all applicable rules, bans, the proposed rule would reduce, but not 14 of the CPSA and part 1107 of this standards, and regulations, pursuant to eliminate, the economic impact that the title, as applicable. section 14(a) of the CPSA and to ensure testing and certification requirements of These records are similar to the continued compliance pursuant to the CPSIA may have on manufacturers records that a manufacturer would be section 14(d) of the CPSA. As such, the and importers of consumer products required to develop and maintain under proposed rule is not expected to have an subject to consumer product safety the proposed rule on ‘‘Testing and adverse impact on the environment. The rules. Labeling Pertaining to Product rule falls within the categorical Certification’’ (which appears elsewhere VII. Paperwork Reduction Act exclusion in 16 CFR 1021.5(b)(2) for in this issue of the Federal Register). product certification rules. Accordingly, This proposed rule contains Most of the records concern the no environmental assessment or information collection requirements that documentation of the test plan and test environmental impact statement is are subject to public comment and results for the component part, which required. review by the Office of Management and would be required whether the Budget (OMB) under the Paperwork VI. Regulatory Flexibility Analysis component part was tested as part of the Reduction Act of 1995 (44 U.S.C. 3501– finished product or apart from the The Regulatory Flexibility Act (RFA), 3520). We describe the provisions in finished product. Even without 5 U.S.C. 601–612, generally requires this section of the document with an component part testing, certifiers would that agencies review proposed rules for estimate of the annual reporting burden. be expected to maintain records their potential economic impact on Our estimate includes the time for regarding the lot, batch, or other small entities, including small reviewing instructions, searching information identifying the component businesses. The RFA calls for agencies existing data sources, gathering and parts used, since changes in the to prepare and make available for public maintaining the data needed, and component part or the sourcing of the comment an initial regulatory flexibility completing and reviewing each component part would constitute a analysis describing the impact of the collection of information. material change and trigger proposed rule on small entities and We invite comments on: (1) Whether requirements for additional testing. identifying impact-reducing the collection of information is The proposed component part testing alternatives. 5 U.S.C. 603. The proposed necessary for the proper performance of rule may shift the responsibility for rule defines conditions upon which the the CPSC’s functions, including whether preparing the records, especially those finished product certifier (currently the the information will have practical documenting the test results, in some manufacturer or importer) can rely upon utility; (2) the accuracy of the CPSC’s cases, from the manufacturer or tests conducted on component parts of estimate of the burden of the proposed importer of the consumer product to the the product, rather than on the whole collection of information, including the manufacturer or supplier of the product, as the basis for the validity of the method and assumptions component part. certification. This section discusses the used; (3) ways to enhance the quality, We do not know how many impact that the draft proposed rule utility, and clarity of the information to manufacturers or wholesalers will would have on small businesses. be collected; and (4) ways to minimize voluntarily test component parts for In the absence of component part the burden of the collection of manufacturers of children’s products. testing, certifiers of children’s products information on respondents, including Component part manufacturers that are would have to obtain test results for through the use of automated collection not themselves manufacturers of each component part of a consumer techniques, when appropriate, and other children’s products could voluntarily product even if the same component forms of information technology. obtain the required third party testing part were used in more than one The proposed rule would require for children’s product manufacturers consumer product. Component part certifiers to maintain records of the who use their component parts. Such testing will allow certifiers to rely upon source of component parts tested for manufacturers might include textile tests conducted on the component part compliance to ensure traceability of manufacturers, paint and coating to certify that the finished product component parts. If a component part is manufacturers, manufacturers of buttons meets the applicable safety rules. tested for certification by a party other and other fasteners, and manufacturers Because testing costs are relatively than the manufacturer or importer of the of plastics material and resin. The 2007 fixed, component part testing allows the finished product (the finished product Economic Census showed that there cost of the testing to be spread over certifier), the proposed rule would were 5,220 establishments that were more units of finished goods. This can require that the testing party provide engaged in manufacturing these significantly reduce the cost of testing certain documentation or records to the materials or component parts. However, and certifying products. certifier. These records include the number who would actually obtain

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third-party testing will probably be a IX. Effective Date 1109.13 Component part testing for phthalates in children’s toys and child small subset of these establishments. The Administrative Procedure Act At this time, there is no clear basis for care articles. (APA) generally requires that the 1109.14 Composite testing. estimating the recordkeeping burden on effective date of a rule be at least 30 component part suppliers that Authority: Secs. 3 and 102, Pub. L. 110– days after publication of a final rule. 5 314, 122 Stat. 3016; 15 U.S.C. 2063. voluntarily obtain the third party U.S.C. 553(d). The Commission intends testing. We note that, in the proposed that any final rule based on this Subpart A—General Conditions and rule titled, ‘‘Testing and Labeling proposal would become effective 180 Requirements Pertaining to Product Certification’’ days after the date of publication of a (which appears elsewhere in this issue final rule in the Federal Register. This § 1109.1 Scope. of the Federal Register), we tentatively should allow time for any product This part applies to all tests of estimated that the total recordkeeping changes needed for testing of component parts of consumer products burden for that proposal with respect to component parts and for where the test results are used to the continued testing requirements of implementation of the component part support a certificate of compliance the CPSIA would be 200,000 to 300,000 testing requirements. issued pursuant to section 14(a) of the hours annually. Some of this burden X. Request for Comments Consumer Product Safety Act (CPSA) or cannot be shifted to the component part where the tests are otherwise required suppliers because some tests must be Although the CPSC has, on several or permitted by section 14 of the CPSA. performed on the whole product. In occasions, invited and received The requirements of this subpart A other cases, the burden will not be comments on component part testing, apply to the consumer products, shifted because the component part is the issuance of this proposed rule component parts, and chemicals subject unique to the product or the begins a rulemaking proceeding under to subpart B of this part. manufacturer or because the component sections 3 and 102 of the CPSIA which part supplier declines to obtain the third will establish the conditions and § 1109.2 Purpose. party testing. However, if we assume requirements for testing of component The purpose of this part is to set forth that eventually 10 percent of the total parts of consumer products to the conditions and requirements under testing were ultimately shifted to the demonstrate, in whole or in part, which the Commission will require or component part suppliers, then the compliance of a consumer product with accept the results of testing of recordkeeping burden shifted would be all applicable rules, bans, standards, component parts of consumer products, approximately 20,000 to 30,000 hours. and regulations. We invite interested instead of the entire consumer product, The total cost of the burden shifted persons to submit comments on any to meet, in whole or in part, the testing would be $0.9 million to 1.5 million. aspect of the proposed rule. Comments and certification requirements of This estimate was obtained by should be submitted in accordance with sections 14(a), 14(b), and 14(d) of the multiplying the total hour burden the instructions in the ADDRESSES CPSA. estimates by $48.91, which is the total section at the beginning of this notice of hourly compensation for private sector proposed rulemaking. § 1109.3 Applicability. workers in management, professional, The provisions of this part apply to all and related occupations. The actual cost List of Subjects in 16 CFR Part 1109 manufacturers, importers, and private burden would depend upon the extent Business and industry, Children, labelers, and to the manufacturers and to which component suppliers are Consumer protection, Imports, Product suppliers of component parts who are willing to voluntarily obtain the third testing and certification, Records, responsible for certifying consumer party testing. Record retention, Toys. products under section 14(a) of the In compliance with the Paperwork Accordingly, the Commission CPSA and continued compliance under Reduction Act of 1995 (44 U.S.C. proposes to add 16 CFR part 1109 to section 14(d) of the CPSA or who are 3507(d)), the CPSC has submitted the read as follows: responsible for testing component parts information collection requirements of of consumer products to support a this rule to OMB for review. Interested PART 1109—CONDITIONS AND certificate of compliance under section persons are requested to fax comments REQUIREMENTS FOR TESTING 14(a) of the CPSA or to comply with regarding information collection by June COMPONENT PARTS FOR continuing testing requirements under 21, 2010, to the Office of Information COMPLIANCE WITH ALL APPLICABLE section 14(d) of the CPSA. and Regulatory Affairs, OMB (see RULES, BANS, STANDARDS OR § 1109.4 Definitions. ADDRESSES). REGULATIONS The following definitions apply to VIII. Executive Order 12988 Subpart A—General Conditions and Requirements this part: (Preemption) (a) Certifier means a firm that is either Sec. a finished product certifier or a According to Executive Order 12988 1109.1 Scope. (February 5, 1996), agencies must state 1109.2 Purpose. component part certifier as defined in in clear language the preemptive effect, 1109.3 Applicability. this section. if any, of new regulations. Section 26 of 1109.4 Definitions. (b) Component part means any part of the CPSA only addresses the preemptive 1109.5 Conditions, requirements, and a consumer product, including a effect of consumer product safety effects generally. children’s product, that either must or standards under the CPSA. The current Subpart B—Conditions and Requirements may be tested separately from a finished rule is not a consumer product safety for Specific Consumer Products, consumer product to assess the standard under the CPSA. Accordingly, Component Parts, and Chemicals consumer product’s ability to comply this rule does not fall within the scope 1109.11 Component part testing for paint with a specific rule, ban, standard, or of any provision of any act enforced by and other surface coatings. regulation enforced by the CPSC. Within the Commission that grants preemptive 1109.12 Component part testing for lead the same consumer product, which effect to rules. content of children’s products. component parts will have to be tested

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may vary, depending on the test being based, in whole or in part, on testing of testing protocols, are used to assess conducted. a component part of the consumer compliance of the component part. (c) Component part certifier means a product conducted by the certifier and/ (d) Timing. Subject to any more firm that certifies component parts to be or a testing party if the following specific rule, ban, standard, or used in consumer products as requirements are met: regulation, component part testing may complying with one or more rules, bans, (1) Testing of the component part is occur before final assembly of a standards, or regulations enforced by required or sufficient to assess consumer product provided that the CPSC pursuant to part 1109. compliance, in whole or in part, of the nothing in the final assembly of the (d) CPSA means the Consumer consumer product with the applicable consumer product can cause the Product Safety Act. rule, ban, standard, or regulation. Any component part or the final consumer (e) CPSC means the Consumer doubts about whether testing one or product to become noncompliant. Product Safety Commission. more component parts of a consumer (e) Traceability. Certifiers must not (f) CPSIA means the Consumer product can help to assess whether the rely on component part testing Product Safety Improvement Act of entire product complies with applicable conducted by another testing party 2008. rules, bans, standards, and regulations unless such component parts are (g) Due care means the degree of care should be resolved in favor of testing traceable. that a prudent and competent person the entire product; and (f) Documentation by testing party. engaged in the same line of business or (2) The component part tested is Unless the testing party is the finished endeavor would exercise under similar identical to the component parts used in product certifier, a testing party must circumstances. the finished consumer product in all provide the following documentation to (h) Finished product certifier means a material respects. To be identical in all a certifier either in hard copy or firm responsible for certifying material respects to a component part electronically: compliance of a consumer product with for purposes of supporting a (1) Identification of the component all applicable rules, bans, standards, certification of a children’s product to part tested; and regulations enforced by the CPSC, the applicable content limit, a sample (2) Identification of a lot or batch pursuant to part 1110 of this chapter. need not necessarily be of the same size, number for which the testing applies; (i) Identical in all material respects shape, or finish condition as the (3) Identification of the applicable means there is no difference with component part of the finished product; rules, bans, standards, and regulations it respect to compliance to the applicable rather, it may consist of any quantity tested for on each component part rules between the samples and the that is sufficient for testing purposes tested; finished product. and in any form that has the same (4) Identification of the testing (j) Paint means any type of surface content as the component part of the methods and sampling protocols used; coating that is subject to part 1303 of finished product. A certifier must (5) The date or date range when the this chapter or section 4.3.5.2 of ASTM exercise due care to ensure that no component part was tested; F 963. change in the component parts after (6) The results of each test on a (k) Testing party means the firm testing and before distribution in component part; and (including, but not limited to, domestic commerce has occurred that would (7) If the product was tested by a third manufacturers, foreign manufacturers, affect compliance, including party conformity assessment body, importers, private labelers, third party contamination or degradation. regardless of whether it was required conformity assessment bodies, or Manufacturers of finished consumer because the product is a children’s component part suppliers) who tests a products must exercise due care in the product or whether the testing party consumer product, or any component proper management and control of all chose to use such third party conformity part thereof, for compliance, in whole or raw materials, component parts, assessment body, identification of such in part, with any applicable rule, ban, subassemblies, and finished goods for third party conformity assessment body, standard, or regulation enforced by the any factor that could affect the finished a copy of the original test results, and CPSC. product’s compliance with all a certification that all testing was (l) Third party conformity assessment applicable rules. The manufacturer must performed in compliance with section body means a third party conformity exercise due care that the manufacturing 14 of the CPSA and part 1107 of this assessment body recognized by the process does not add a prohibited chapter. CPSC to conduct certification testing on chemical from an untested source, such (g) Effect of Voluntary Certification by children’s products. as the material hopper, regrind Component Part Certifiers. (1) The (m) Traceable means the ability of a equipment, or other equipment used in Commission will consider any certifier to identify the source of a the assembly of the finished product. certificate issued by a component part component part of a consumer product, (b) Limitation. A certifier must not certifier in accordance with this part to including the name and address of the rely on testing of a component part of be a certificate issued in accordance supplier of the component part and, if a consumer product for any rule, ban, with section 14(a) of the CPSA. A different, the manufacturer of the standard, or regulation that requires component part certificate must contain component part. testing the entire consumer product to all of the information required by part assess compliance. 1110 of this chapter. § 1109.5 Conditions, requirements, and (c) Test method and sampling (2) Any person who elects to certify effect generally. protocol. Regardless of which entity compliance of a component part with an (a) Component part testing allowed. A performs component part testing or applicable rule must assume all certifier may certify compliance of a selects samples for component part responsibilities of a manufacturer under consumer product with all applicable testing, both certifiers and testing part 1107 of this chapter with respect to rules, bans, standards, and regulations parties must ensure that the required that component part’s compliance to the as required by section 14(a) of the test methods and sampling protocols, as applicable rule. CPSA, and may ensure continued set forth in part 1107 of this chapter, as (h) Certification by Finished Product compliance of children’s products well as any more specific applicable Certifiers. (1) A finished product pursuant to section 14(d) of the CPSA, rules, bans, standards, regulations, or certifier must exercise due care in order

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to rely, in whole or in part, on a custodian. The finished product certifier identify each paint tested by color, component part certificate issued by a must make these records available, specification number, or other component part certifier or on either in hard copy or electronically, for characteristic, as well as the component part testing by a testing inspection by the CPSC upon request. manufacturer of the paint and the party as the basis for a finished product supplier of the paint (if different). certificate. If a finished product certifier Subpart B—Conditions and (c) Paint certificates—(1) Children’s fails to exercise due care in its reliance Requirements for Specific Consumer products. As part of its basis for on a certificate for a component part, Products, Component Parts, and certification of a children’s product to then the Commission will not consider Chemicals the lead in paint limit or other paint the finished product certifier to hold a limit, a finished product certifier may § 1109.11 Component part testing for paint component part certificate issued in and other surface coatings. rely on a certificate from another person accordance with section 14(a) of the certifying that the paint complies with (a) Generally. The Commission will CPSA. Exercising due care in this the lead limit. The paint certificate must permit certification of a product as context means taking the steps a be based on testing by a third party being in compliance with the lead paint prudent and competent person would conformity assessment body of sample limit of part 1303 of this chapter or the take to conduct a reasonable review of of one or more paints that are identical content limits for paint on toys of a component part certificate and to in all material respects to the paint used section 4.3.5.2 of ASTM F 963 if, for address any concern over its validity. on the finished product. The paint each paint used on the product, the Such steps may vary according to the certificate must identify all test reports party that certifies the product either circumstances. underlying the certification. (2) A finished product certifier must has obtained a test report or holds a (2) Nonchildren’s products. For not rely on component part testing by a paint certificate as described below and consumer products that are not testing party or component part certifier the following requirements are met: children’s products but are subject to (1) All testing must be performed on unless it receives the documentation paint limits (such as certain furniture dry paint that is scraped off of a under paragraph (f) of this section from items), a finished product certifier may substrate for testing (the substrate used the component part certifier or testing base its certification on its own testing need not be of the same material as the party. The Commission may consider a of each paint used on the product, on material used in the finished product or finished product certifier who does not testing by any third party conformity have the same shape or other obtain such documentation before assessment body, on paint characteristics as the part of the finished certifying a consumer product to have certification(s) from any person, or on a product to which the paint will be failed to exercise due care. combination of these methods. (3) Any certification of a finished applied); (3) Traceability. Any person who (2) The tested paint is identical in all product based, in whole or in part, on certifies a product as complying with material respects to that used in component part testing performed by a the lead paint limit or other paint limit production of the consumer product. component part certifier or a testing must be able to trace each batch of paint The paint samples to be tested must party must: that is used on the product to the paint have the same composition as the paint (i) Identify both the corresponding supplier and, if different, the paint used on the finished product. However, documentation required in paragraph (f) manufacturer. of this section and any report provided a larger quantity of the paint may be (4) Prevention of contamination by a third party conformity assessment tested than is used on the consumer subsequent to testing. The finished body on which the consumer products product, in order to generate a sufficient product manufacturer must ensure that certification is based; and sample size. The paint may be supplied paint meeting the applicable limits (ii) Certify that no action subsequent to the testing laboratory either in liquid when tested and certified is not later to component part testing, for example, form or in the form of a dried film of contaminated with lead from other in the process of final assembly of the the paint on any suitable substrate; and sources before or during application to consumer product, changed or degraded (3) Documentation required by a the product. the consumer product such that it testing party pursuant to § 1109.5(f) and adversely affected the product’s ability the certificate required of certifiers § 1109.12 Component part testing for lead to comply with all applicable rules, under section 14(a) of the CPSA and content of children’s products. bans, standards, and regulations. § 1109.5(g) identifies each paint tested (a) Generally. A certifier may rely on (i) Recordkeeping requirements. All by color, location, formulation, or other component part testing of each testing parties must maintain the characteristic, the supplier of the paint accessible component part of a documentation required in paragraph (f) and, if different, the manufacturer of the children’s product for lead content, of this section for 5 years. Additionally, paint. where such component part testing is all certifiers must maintain records to (b) Test reports. As part of its basis for performed by a third party conformity support the traceability of component certifying a children’s product to the assessment body, provided that: part suppliers for as long as the lead in paint limit, or other paint limit, (1) The determination of which, if corresponding product is produced or a finished product certifier may rely on any, parts are inaccessible pursuant to imported by the certifier and for 5 years a test report showing passing test results section 101(b)(2) of the CPSIA is based thereafter. Test records must be for one or more paints used on the on an evaluation of the finished maintained for 5 years. All records must product, based on testing it product; and be available in the English language. commissioned from a third party (2) For each accessible component Finished product certifiers must conformity assessment body. The part of the product, the certifier either maintain the records at the location finished product certifier of the has a component part test report or a within the United States specified in children’s product must ensure that component part certificate. § 1110.11(d) of this chapter or, if the each paint sample sent to a third party (b) Component part test reports. As records are not maintained at the conformity assessment body is identical part of its basis for certification of a custodian’s address, at a location within in all material respects to that used on children’s product to the lead content the United States specified by the the finished product. Test reports must limit, a finished product certifier may

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rely on a test report showing passing content limit, a finished product limit applicable to any paint or test results for one or more component certifier may rely on a certificate from component part in the composite parts used on the product, based on another person certifying that a sample, additional testing would be testing by a third party conformity component part complies with the limit. required to determine which of the assessment body. Component part test The component part certificate must be paints or component parts, if any, fail to reports must identify each component based on testing by a third party meet the applicable limit. part tested, by part number or other conformity assessment body of a sample Dated: May 7, 2010. specification, and the manufacturer and that is identical in all material respects Todd A. Stevenson, to the component part used in the the supplier of the component part (if Secretary, Consumer Product Safety different). finished product. The component part Commission. (c) Component part certificates. As certificate must identify all test reports [FR Doc. 2010–11370 Filed 5–19–10; 8:45 am] part of its basis for certifying that a underlying the certification consistent children’s product complies with the with section 14 of the CPSA. Any BILLING CODE 6355–01–P applicable lead content limit, a finished person who certifies a children’s product certifier may rely on a product as complying with the certificate from another person phthalate content limits must be able to DEPARTMENT OF JUSTICE certifying that a component part trace each component part of the Parole Commission complies with the lead limit. The product to the component part’s component part certificate must be supplier and, if different, the 28 CFR Part 2 based on testing by a third party component part’s manufacturer. conformity assessment body of a sample (d) Certificates for the finished Paroling, Recommitting, and that is identical in all material respects product. The certificate accompanying Supervising Federal Prisoners: to the component parts used in the the children’s product must list each Prisoners Serving Sentences Under finished product. The certificate component part required to be tested by the United States and District of pertaining to the component part must part number or other specification and, Columbia Codes identify all test reports underlying the for each such part, must identify the certification consistent with section 14 corresponding test report from a third AGENCY: United States Parole of the CPSA. party conformity assessment body on Commission, Justice. (d) Certificates for the finished which the product’s certification is ACTION: Proposed rule. product. The certificate accompanying based. SUMMARY: The U.S. Parole Commission the children’s product must list each § 1109.14 Composite part testing. proposes to amend a rule that component part that was tested, by part (a) Paint and other surface coatings. implements its authority under the number or other specification, and, for In testing paint for compliance with District of Columbia Youth each such component part, identify the chemical content limits, testing parties Rehabilitation Act to set aside a corresponding test report, paint may test a combination of different conviction for a youth offender. The certificate, or component part certificate paint samples so long as they follow proposed rule specifies the on which a certification for the finished procedures ensuring that no failure to Commission’s authority to set aside a children’s product is based. comply with the lead limits will go youth offender’s misdemeanor § 1109.13 Component part testing for undetected (see paragraph (c) of this conviction and describes the phthalates in children’s toys and child care section). Testing and certification of information the Commission examines articles. composite paints must comply with in making such a determination, given (a) Generally. A finished product § 1109.11. that the misdemeanant only served a jail certifier may rely on component part (b) Component parts. Third party term for the offense without subsequent testing of appropriate component parts conformity assessment bodies may test community supervision on parole or of a children’s toy or child care article a combination of component parts so supervised release. In addition, the rule for phthalate content if the finished long as they follow procedures ensuring clarifies the Commission’s policy for product certifier is provided with a copy that no failure to comply with the issuing a set-aside certificate for a youth of the original test results obtained from content limits will go undetected (see offender who was formerly on the third party conformity assessment paragraph (c) of this section). Testing supervised release and who was not body or a component part certificate. and certification of composite reviewed for the set-aside certificate (b) Component part test reports. As component parts for lead content must before the offender’s sentence expired. part of its basis for certification of a comply with § 1109.12. Testing and The proposed rule adopts the children’s product to the phthalate certification of composite component Commission’s established criteria for content limit, a finished product parts for phthalate content must comply conducting set-aside reviews when a certifier may rely on a test report with § 1109.13. youth offender’s parole term ends before showing passing test results for one or (c) How to evaluate composite part such a review has been held. more component parts used on the testing. When using composite part DATES: Comments must be received by product, based on testing by a third testing, only the total amount or June 30, 2010. party conformity assessment body. percentage of the target chemical is ADDRESSES: Submit your comments, Component part test reports must determined, not how much was in each identified by docket identification identify each component part tested, by individual paint or component part. number USPC–2010–02 by one of the part number or other specification, and Therefore, to determine that each paint following methods: the component part’s supplier and, if or component part is within the 1. Federal eRulemaking Portal: different, the component part’s applicable limit, the entire amount of http://www.regulations.gov. Follow the manufacturer. the target chemical in the composite is online instructions for submitting (c) Component part certificates. As attributed to each paint or component comments. part of its basis for certification of a part. If this method yields an amount of 2. Mail: Office of the General Counsel, children’s product to the phthalate the target chemical that exceeds the U.S. Parole Commission, 5550

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Friendship Blvd., Chevy Chase, certificates for youth misdemeanants significant adverse effects on the ability Maryland 20815. who have not been on parole or of United States-based companies to 3. Fax: (301) 492–5563. supervised release, the Commission is compete with foreign-based companies. FOR FURTHER INFORMATION CONTACT: proposing a revision of paragraph (a) in Moreover, this is a rule of agency Rockne Chickinell, Office of General 28 CFR 2.208 to include a brief practice or procedure that does not Counsel, U. S. Parole Commission, 5550 statement of the Commission’s authority substantially affect the rights or Friendship Blvd., Chevy Chase, to issue a set-aside certificate after the obligations of non-agency parties, and Maryland 20815, telephone (301) 492– youth offender’s sentence expires and does not come within the meaning of 5959. Questions about this publication the information the Commission would the term ‘‘rule’’ as used in Section are welcome, but inquiries concerning consider in granting or denying the set- 804(3)(C), now codified at 5 U.S.C. individual cases cannot be answered aside certificate. For former supervised 804(3)(C). Therefore, the reporting over the telephone. releasees, the new rule proposes a cross- requirement of 5 U.S.C. 801 does not SUPPLEMENTARY INFORMATION: The reference to § 2.106(f)(3), which apply. describes the Commission’s criteria for District of Columbia Youth List of Subjects in 28 CFR Part 2 Rehabilitation Act authorizes the Parole issuing a set-aside certificate nunc pro Commission to set aside a conviction for tunc for a youth offender who was on Administrative practice and a deserving youth offender who has parole supervision and who was not procedure, Prisoners, Probation and been committed under the Act. DC Code reviewed for early termination from parole. 24–906. The sentencing judge exercises supervision (and the possible issuance The Proposed Rule similar authority for a youth offender if of the set-aside certificate) before the Accordingly, the U.S. Parole the judge sentenced the offender to expiration of the sentence. Commission is proposing the following probation. DC Code 24–906(e). Executive Order 12866 amendment to 28 CFR part 2. Normally, the Commission reviews a The U.S. Parole Commission has youth offender’s case for issuance of a PART 2—[AMENDED] set-aside certificate after the offender determined that this proposed rule does has served a period of community not constitute a significant rule within 1. The authority citation for 28 CFR supervision on parole or supervised the meaning of Executive Order 12866. part 2 continues to read as follows: release following discharge from the Executive Order 13132 Authority: 18 U.S.C. 4203(a)(1) and commitment portion of the sentence. DC This regulation will not have 4204(a)(6). Code 24–906(a), (c), and (d) require the substantial direct effects on the States, 2. Revise § 2.208(a)(2) to read as issuance of a set-aside certificate if the on the relationship between the national follows: Commission terminates parole government and the States, or on the supervision or supervised release before distribution of power and § 2.208 Termination of a term of supervised release. the expiration of the committed youth responsibilities among the various offender’s sentence. Under 24–906(b), levels of government. Under Executive (a) * * * the Commission also has the authority Order 13132, this rule does not have (2) Upon terminating supervision of a to exercise its discretion to set aside a sufficient federalism implications committed youth offender before the committed youth offender’s conviction requiring a Federalism Assessment. sentence expires, the Commission shall if the youth offender’s sentence expires set aside the offender’s conviction and before the unconditional discharge of Regulatory Flexibility Act issue a certificate setting aside the the offender. This situation will The proposed rule will not have a conviction instead of a certificate of normally arise when: (1) A youth significant economic impact upon a discharge. The Commission may issue a offender’s jail term for a misdemeanor substantial number of small entities set-aside certificate nunc pro tunc for a conviction expires and the offender is within the meaning of the Regulatory youth offender previously under discharged from the custody of the DC Flexibility Act, 5 U.S.C. 605(b). supervised release on the sentence and Department of Corrections without who was not considered for early further supervision in the community; Unfunded Mandates Reform Act of termination from supervision, using the or (2) a youth offender is 1995 criteria stated at § 2.106(f)(3). If the unconditionally discharged from parole The rule will not cause State, local, or youth offender was sentenced only to a supervision or supervised release and tribal governments, or the private sector, term of incarceration without any the Commission somehow did not to spend $100,000,000 or more in any supervision to follow release, the review the case for early termination one year, and it will not significantly or Commission may issue a set-aside from supervision. uniquely affect small governments. No certificate after the expiration of the The Commission’s rules presently do action under the Unfunded Mandates sentence. In such cases, the Commission not address the agency’s authority to Reform Act of 1995 is necessary. shall determine whether to grant the set- grant a set-aside certificate to a youth aside certificate after considering factors offender who was sentenced only to a Small Business Regulatory Enforcement such as the offender’s crime, criminal jail term for a misdemeanor offense, or Fairness Act of 1996 (Subtitle E— history, social and employment history, a youth offender formerly on supervised Congressional Review Act) record of institutional conduct, efforts at release who was not reviewed for early This rule is not a ‘‘major rule’’ as rehabilitation, and any other relevant termination from supervision before the defined by Section 804 of the Small and available information. supervised release term expired. See 28 Business Regulatory Enforcement * * * * * CFR 2.106 and 2.208. The Commission Fairness Act of 1996 Subtitle E— has been carrying out its statutory Congressional Review Act), now Dated: May 11, 2010. authority to consider these offenders for codified at 5 U.S.C. 804(2). The rule will Isaac Fulwood, set-aside certificates even in the absence not result in an annual effect on the Chairman, U.S. Parole Commission. of a regulation on this function. Given economy of $100,000,000 or more; a [FR Doc. 2010–12023 Filed 5–19–10; 8:45 am] the gap in its rules on issuing set-aside major increase in costs or prices; or BILLING CODE 4410–31–P

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FEDERAL MINE SAFETY AND HEALTH issued. The procedures for this type of number of citations; (2) an aggregate REVIEW COMMISSION proceeding, referred to by the proposed penalty of not more than Commission as a ‘‘civil penalty $15,000 per docket and not more than 29 CFR Part 2700 proceeding,’’ are found in subpart C. $50,000 per proceeding; (3) no citation Since 2006, the number of new cases or order issued under sections 104(b), Simplified Proceedings filed with the Commission has 104(d), 104(e), 105(c), 107(a), 110(b), AGENCY: Federal Mine Safety and Health dramatically increased. From 2000 110(c), or 111 of the Mine Act; (4) not Review Commission. through 2005, an average of involving a fatality; or (5) a hearing that approximately 2300 cases were filed ACTION: Notice of proposed rulemaking. is expected to take not more than one with the Commission per year. In 2006 day. SUMMARY: The Federal Mine Safety and and 2007, between approximately 3000 The Commission encountered a Health Review Commission (the and 4000 new cases were filed each practical problem in attempting to ‘‘Commission’’) is an independent year, while in 2008 and 2009, describe a dollar limit for cases eligible adjudicatory agency that provides trials approximately 9200 cases were filed for Simplified Proceedings. In and appellate review of cases arising each year. considering which cases are appropriate under the Federal Mine Safety and In order to deal with its burgeoning for Simplified Proceedings, it would be Health Act of 1977 (the ‘‘Mine Act’’). caseload, the Commission is considering useful for the Commission to consider, Trials are held before the Commission’s various ways to streamline its at an early stage, all of the contested Administrative Law Judges and processing of cases. One approach the civil penalties that might be at issue in appellate review is provided by a five- Commission has explored is to simplify a single hearing. However, the member Review Commission appointed and streamline the procedures for Commission does not currently have by the President and confirmed by the handling certain civil penalty access to information that would allow Senate. The Commission is proposing a proceedings. The Commission it to group contested civil penalties in rule to simplify the procedures for anticipates that such simplified such a fashion. proceedings will likely reduce the handling certain civil penalty Under its current practice, the amount of time between the docketing proceedings. Department of Labor’s Mine Safety and and disposition of a case. The DATES: Written and electronic comments Health Administration (‘‘MSHA’’) Commission also anticipates that must be submitted on or before June 21, assesses a proposed civil penalty for simplified proceedings will result in the 2010. each violation alleged in a citation after expenditure of less time and resources the citation has been terminated or 30 ADDRESSES: Written comments should by the parties who practice before the days after the citation was issued, be mailed to Michael A. McCord, Commission. General Counsel, Office of the General The major differences between the whichever is sooner. Each mine is on a Counsel, Federal Mine Safety and simplified procedures set forth in the 30-day billing cycle. On the 30th day in Health Review Commission, 601 New proposed rules (‘‘Simplified the billing cycle, all violations that are Jersey Avenue, NW., Suite 9500, Proceedings’’) and conventional ready to be assessed are included on a Washington, DC 20001, or sent via procedures are that answers to petitions proposed penalty assessment form that facsimile to 202–434–9944. Persons for assessment of penalty would not be is sent to the operator. Thus, a proposed mailing written comments shall provide not required; motions would be penalty assessment form may include an original and three copies of their eliminated to the greatest extent proposed penalties from more than one comments. Electronic comments should practicable; early discussions among the inspection, and proposed penalties from state ‘‘Comments on Simplified parties and the Commission one inspection may be included on Proceedings’’ in the subject line and be Administrative Law Judge (‘‘Judge’’) more than one proposed penalty sent to [email protected]. would be required to narrow and define assessment form. FOR FURTHER INFORMATION CONTACT: the disputes between parties; parties The operator must indicate which Michael A. McCord, General Counsel, would be required to disclose certain penalties it wishes to contest on the Office of the General Counsel, 601 New materials early in the proceedings; proposed assessment form and return Jersey Avenue, NW., Suite 9500, discovery would not be permitted the form to MSHA within 30 days of Washington, DC 20001; telephone 202– except as ordered by the Judge; receipt. The Secretary then files a 434–9935; fax 202–434–9944. interlocutory appeals would not be petition for assessment of civil penalty SUPPLEMENTARY INFORMATION: permitted; and post-hearing briefs with the Commission and attaches a would not be allowed, except as ordered copy of the proposed assessment form to Background by the Judge. Although the the petition. The petition for assessment Sections 105(a) and (d) of the Mine administrative process would be of civil penalty, with attached proposed Act, 30 U.S.C. 815(a) and (d), set forth streamlined, hearings would remain full penalty assessment, is typically the first dual filing procedures, which are due process hearings as they are under document filed in a civil penalty reflected in subparts B and C of the conventional procedures. proceeding. Commission’s Procedural Rules, 29 CFR The Commission plans to review each part 2700. Under the dual filing Eligibility petition and proposed penalty procedures, a party may contest a The Commission is proposing various assessment in its consideration of citation or order before the Secretary has characteristics to describe which cases whether a case is appropriate for proposed a civil penalty for the alleged might be eligible for Simplified Simplified Proceedings. Under MSHA’s violation described in the citation or Proceedings. Under the proposed rule, current practice for grouping citations order. The procedures for this type of cases designated for Simplified and proposed penalties in a proposed proceeding, referred to by the Proceedings by the Chief Judge or the penalty assessment based upon a 30-day Commission as a ‘‘contest proceeding,’’ Judge’s designee would not involve billing cycle, the Commission may not are found in subpart B. In addition, a complex issues of law or fact and would have a complete view of all of the party may contest a civil penalty after a generally include one or more of the contested penalties that may be relevant proposed penalty assessment has been following characteristics: (1) Limited in a particular hearing.

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The Commission requests suggestions Proceedings, the assigned Judge could Hearing regarding criteria that might be used to discontinue Simplified Proceedings The Commission has proposed that as better group proposed penalties and the upon the Judge’s own motion or upon soon as practicable after the conclusion underlying citations and orders on a the motion of any party. A party would of the pre-hearing conference, the Judge proposed penalty assessment form. In have the opportunity to move to addition, the Commission seeks would hold a hearing on any issue that discontinue the Simplified Proceedings remained in dispute. The hearing would suggestions regarding an appropriate at any time during the proceedings but dollar demarcation for cases eligible for be a full due process hearing. Each party no later than 30 days before the would present oral argument at the Simplified Proceedings, such as scheduled hearing. The moving party whether there should be a dollar limit close of the hearing, and post-hearing would be required to confer with the briefs would not be permitted except by per citation and/or a limit on the other parties and state in the motion if number of penalties that may be at issue order of the Judge. The Judge would any other party opposes or does not issue a written decision that constitutes in a case, and the amount that should oppose the motion. Parties opposing the constitute the dollar limit. the final disposition of the proceedings motion would have eight business days within 60 calendar days after the Designation of Case for Simplified after service of the motion to file an hearing. If the Judge announced a Proceedings opposition. The Commission has decision orally from the bench, it would The Commission proposes that a civil proposed that if Simplified Proceedings be reduced to writing within 60 penalty proceeding would be designated were discontinued, the Judge would calendar days after the hearing. issue such orders as are necessary for an for Simplified Proceedings by the Chief Miscellaneous Judge or the Judge’s designee. After a orderly continuation under case has been designated for Simplified conventional rules. The Commission has proposed Proceedings under the proposed rule, Pre-Hearing Exchange of Information conforming changes to Rule 5(c). The the Commission would issue a notice of proposed changes to Rule 5(c) conform designation to the parties, which would Under Simplified Proceedings, the the contact information required in all also provide certain information, such Commission proposes that discovery proceedings with the contact as contact information for the Judge would not be permitted except as information that would be required assigned to the case, including the ordered by the Judge. Rather than under Simplified Proceedings. Judge’s e-mail address. In addition, requiring the disclosure of documents Notice and Public Procedure parties would be required to file a notice and materials through discovery, the of appearance providing specific contact Commission has proposed a more Although notice-and-comment information for the counsel or expeditious means for disclosure rulemaking requirements under the representative acting on behalf of the through the mandatory exchange of Administrative Procedure Act (‘‘APA’’) party, if that information has not already documents and materials and through a do not apply to rules of agency been provided. The operator would not pre-hearing conference. More procedure (see 5 U.S.C. 553(b)(3)(A)), be required to file an answer to the specifically, the Commission proposes the Commission invites members of the petition for assessment of civil penalty. that within 30 calendar days after a case interested public to submit comments Even if a case has not been designated has been designated for Simplified on these proposed rules in order to for Simplified Proceedings by the Chief Proceedings, each party would provide assist the Commission in its Judge or the Judge’s designee, under the to all other parties copies of all deliberations regarding the adoption of proposed rule, any party would have the documents, electronically stored final rules. The Commission will accept opportunity to request that a case be information and tangible things that the public comments until June 21, 2010. designated. The Commission proposes disclosing party has and would use to The Commission is an independent that the request would need to be in regulatory agency and, as such, is not writing and state whether the request is support its claims or defenses. Materials required to be disclosed under the subject to the requirements of E.O. opposed. The request should also 12866, E.O. 13132, or the Unfunded address the characteristics specified in proposed rule would include, but would not be limited to, inspection notes, Mandates Reform Act, 2 U.S.C. 1501 et the rule that make the case appropriate seq. for designation. If a request for citation documentation, narratives, The Commission has determined designation is granted, under the photos, diagrams, preshift and onshift under the Regulatory Flexibility Act (5 proposed rule, the parties would be reports, training documents, mine maps U.S.C. 601 et seq.) that this rule would required to file and serve notices of and witness statements (subject to the not have a significant economic impact appearance providing specific contact provisions of 29 CFR 2700.61). Under on a substantial number of small information unless such contact the proposed rule, as early as entities. Therefore, a Regulatory information had already been provided. practicable after the parties received Flexibility Statement and Analysis has Under the proposed rule, if a party these materials, the Judge would order not been prepared. requests Simplified Proceedings, the and conduct a pre-hearing conference. deadline for filing an answer to a At the pre-hearing conference, the The Commission has determined that petition for assessment of penalty would parties would discuss the following: the Paperwork Reduction Act (44 U.S.C. be suspended. If a request is denied, the settlement of the case; the narrowing of 3501 et seq.) does not apply because this time for filing an answer would begin to issues; an agreed statement of issues and rule does not contain any information run upon issuance of the Judge’s order facts; defenses; witnesses and exhibits; collection requirements that require the denying the request. motions; and any other pertinent matter. approval of the OMB. At the conclusion of the conference, the The Commission has determined that Discontinuance of Simplified Judge would issue an order setting forth the Congressional Review Act, 5 U.S.C. Proceedings any agreements reached by the parties 801, is not applicable here because, Under the proposed rules, if it and would specify in the order the pursuant to 5 U.S.C. 804(3)(C), this rule becomes apparent at any time that a issues to be addressed by the parties at ‘‘does not substantially affect the rights case is not appropriate for Simplified the hearing. or obligations of non-agency parties.’’

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List of Subjects in 29 CFR Part 2700 procedural rules will be applied to name and contact information for the Administrative practice and accomplish this purpose. Commission Administrative Law Judge procedure, Mine safety and health, (b) Procedures under this subpart are assigned to the case, provide Penalties, Whistleblowing. simplified in a number of ways. The instructions for filing a notice of For the reasons stated in the major differences between these appearance in the Simplified preamble, the Federal Mine Safety and procedures and those that would Proceedings, and state that the operator Health Review Commission proposes to otherwise apply in subparts A, C, G, H, need not file an answer to the petition amend 29 CFR part 2700 as follows: and I of the Commission’s rules of for assessment of penalty. The procedures are as follows. Commission will send the notice of PART 2700—PROCEDURAL RULES (1) Answers to petitions for designation to the parties’ addresses assessment of penalty are not required. listed on the petition for assessment of 1. The authority citation for part 2700 (2) Motions are eliminated to the penalty. continues to read as follows: greatest extent practicable. (c) Notice of appearance. Unless the Authority: 30 U.S.C. 815, 820, 823, and (3) Early discussions among the contact information described in this 876. parties and the Administrative Law paragraph has already been provided to 2. Section 2700.5 is amended by Judge are required to narrow and define the Judge, within 15 calendar days after revising paragraph (c) to read as follows: the disputes between the parties. receiving a notice of designation, the (4) The parties are required to provide parties shall file notices of appearance § 2700.5 General requirements for certain materials early in the with the assigned Judge. Each notice of pleadings and other documents; status or proceedings. appearance shall provide the following informational requests. (5) Discovery is not permitted except information for the counsel or * * * * * as ordered by the Administrative Law representative acting on behalf of the (c) Necessary information. All Judge. party: name, address, business documents shall be legible and shall (6) Interlocutory appeals are not telephone number, cell telephone clearly identify on the cover page the permitted. number if available, fax number if filing party by name. All documents (7) The administrative process is available, and e-mail address if shall be dated and shall include the streamlined, but hearings will be full available. Notices of appearance shall be assigned docket number, page numbers, due process hearings. The parties will served on all parties in accordance with and the filing person’s address, business argue their case orally before the Judge the provisions of § 2700.7. telephone number, cell telephone at the conclusion of the hearing instead (d) Time for filing an answer under number if available, fax number if of filing briefs. In many instances, the Subpart C. If a case has been designated available, and e-mail address if Judge will render a decision from the for Simplified Proceedings, the deadline available. Written notice of any change bench. for filing an answer under § 2700.29 is in contact information shall be given suspended. promptly to the Commission or the § 2700.101 Eligibility for Simplified Judge and all other parties. Proceedings. § 2700.103 Party Request for Simplified 3. A new subpart J is added to read Cases designated for Simplified Proceedings. as follows: Proceedings will not involve complex (a) Party request. Any party may request that a case be designated for Subpart J—Simplified Proceedings issues of law or fact and will generally include one or more of the following Simplified Proceedings. The request Sec. characteristics: must be in writing and should address 2700.100 Purpose. (a) Limited number of citations to be the characteristics specified in 2700.101 Eligibility for Simplified § 2700.101. The request must be filed Proceedings. determined by the Chief Judge. 2700.102 Commission Commencement of (b) An aggregate proposed penalty of with the Commission in accordance Simplified Proceedings. not more than $15,000 per docket and with the provisions of § 2700.5 and 2700.103 Party Request for Simplified not more than $50,000 per proceeding, served on all parties in accordance with Proceedings. (c) No citation or order issued under the provisions of § 2700.7. The 2700.104 Discontinuance of Simplified sections 104(b), 104(d), 104(e), 105(c), requesting party shall confer or make Proceedings. 107(a), 110(b), 110(c), or 111 of the Mine reasonable efforts to confer with the 2700.105 Disclosure of Information by the Act, other parties and shall state in the Parties. (d) Not involving a fatality, or request if any other party opposes or 2700.106 Pre-hearing conference. does not oppose the request. Parties 2700.107 Discovery. (e) A hearing that is expected to take 2700.108 Hearing. not more than one day. opposing the request shall have eight 2700.110 Application. business days after service of the motion § 2700.102 Commission Commencement to file an opposition. Subpart J—Simplified Proceedings of Simplified Proceedings. (b) Judge’s ruling on request. The (a) Designation. Upon receipt of a Chief Administrative Law Judge or the § 2700.100 Purpose. petition for assessment of penalty, the Judge assigned to the case may grant a (a) The purpose of this Simplified Chief Administrative Law Judge, or party’s request and designate a case for Proceedings subpart is to provide designee, has the authority to designate Simplified Proceedings at the Judge’s simplified procedures for resolving civil an appropriate case for Simplified discretion. penalty contests under the Federal Mine Proceedings. (c) Notice of appearance. Unless the Safety and Health Act of 1977, so that (b) Notice of designation. After a case contact information described in this parties before the Commission may has been designated for Simplified paragraph has already been provided to reduce the time and expense of Proceedings, the Commission will issue the Judge, within 15 calendar days after litigation while being assured due a Notice of Designation for Simplified receiving an order granting a request for process and a hearing that meets the Proceedings. The Notice will inform Simplified Proceedings, the parties shall requirements of the Administrative parties that the case has been designated file notices of appearance with the Procedure Act, 5 U.S.C. 554. These for Simplified Proceedings, state the Judge. Each notice of appearance shall

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provide the following information for documentation, narratives, photos, repetitious or cumulative. Testimony the counsel or representative acting on diagrams, preshift and onshift reports, will be given under oath or affirmation. behalf of the party: name, address, training documents, mine maps, witness The parties are reminded that the business telephone number, cell statements (subject to the provisions of Federal Rules of Evidence do not apply telephone number if available, fax 29 CFR 2700.61), and written opinions in Commission proceedings. Any number if available, and e-mail address of expert witnesses, if any. If any items evidence not disclosed as required by if available. Notices of appearance shall are withheld from disclosure on sections 2700.105 and 2700.106(b), be served on all parties in accordance grounds of privilege, the disclosing including the testimony of witnesses not with the provisions of § 2700.7. party shall provide a log describing each identified pursuant to section (d) Time for filing an answer under item and stating the reason(s) why it 2700.106(b), shall be inadmissible at the Subpart C. If a party has requested was not produced. hearing, except where extraordinary Simplified Proceedings, the deadline for circumstances are established by the filing an answer under § 2700.29 is § 2700.106 Pre-hearing conference. party seeking to offer such evidence. suspended. If a request for Simplified (a) When held. As early as practicable after the parties have received the (d) Court reporter. A court reporter Proceedings is denied, the period for will be present at the hearing. An filing an answer will begin to run upon materials set forth in § 2700.105, the presiding Judge will order and conduct official verbatim transcript of the issuance of the Judge’s order denying hearing will be prepared and filed with Simplified Proceedings. a pre-hearing conference. At the discretion of the Judge, the pre-hearing the Judge. § 2700.104 Discontinuance of Simplified conference may be held in person, by (e) Oral and written argument. Each Proceedings. telephone, or electronic means. party may present oral argument at the (a) Procedure. If it becomes apparent (b) Content. At the pre-hearing close of the hearing. Post-hearing briefs at any time that a case is not appropriate conference, the parties will discuss the will not be allowed except by order of for Simplified Proceedings, the Judge following: settlement of the case; the the Judge. assigned to the case may, upon motion narrowing of issues; an agreed statement (f) Judge’s decision. The Judge shall by any party or upon the Judge’s own of issues and facts; defenses; witnesses make a decision that constitutes the motion, discontinue Simplified and exhibits; motions; and any other final disposition of the proceedings Proceedings and order the case to pertinent matter. Within a time within 60 calendar days after the continue under conventional rules. determined by the Judge during the pre- hearing. The decision shall be in writing (b) Party motion. At any time during hearing conference, the parties must and shall include all findings of fact and the proceedings but no later than 30 provide each other with documents or conclusions of law; the reasons or bases days before the scheduled hearing, any materials intended for submission as for them on all the material issues of party may move that Simplified exhibits at the hearing that have not fact, law, or discretion presented by the Proceedings be discontinued and that already been provided in accordance record; and an order. If a decision is the matter continue under conventional with the provisions of § 2700.105. At the announced orally from the bench, it procedures. A motion to discontinue conclusion of the conference, the Judge shall be reduced to writing within 60 must explain why the case is will issue an order setting forth any calendar days after the hearing. An inappropriate for Simplified agreements reached by the parties and order by a Judge approving a settlement Proceedings. The moving party shall will specify in the order the issues to be proposal is a decision of the Judge. confer or make reasonable efforts to addressed by the parties at hearing. confer with the other parties and shall § 2700.109 Review of Judge’s decision. state in the motion if any other party § 2700.107 Discovery. After the issuance of the Judge’s opposes or does not oppose the motion. Discovery will only be allowed under written decision, any party may petition Parties opposing the motion shall have the conditions and time limits set by the the Commission for review of the eight business days after service of the Judge. Judge’s written decision as provided for motion to file an opposition. § 2700.108 Hearing. in subpart H. (c) Ruling. If Simplified Proceedings are discontinued, the Judge may issue (a) Procedures. As soon as practicable § 2700.110 Application. such orders as are necessary for an after the conclusion of the pre-hearing orderly continuation under conference, the Judge will hold a The rules in this subpart will govern conventional rules. hearing on any issue that remains in proceedings before a Judge in a case dispute. The hearing will be in designated for Simplified Proceedings § 2700.105 Disclosure of Information by accordance with subpart G of these under §§ 2700.102 and 2700.103. The the Parties. rules, except for §§ 2700.56, 2700.57, provisions of subparts A and I apply to Within 30 calendar days after a case 2700.58, 2700.59, 2700.65, and 2700.67, Simplified Proceedings when consistent has been designated for Simplified which will not apply. with these rules in subpart J. The Proceedings, each party shall provide to (b) Agreements. At the beginning of provisions of subpart C apply to all other parties copies of all documents, the hearing, the Judge will enter into the Simplified Proceedings except for electronically stored information and record all agreements reached by the § 2700.29, which does not apply. The tangible things that the disclosing party parties as well as defenses raised during provisions of subpart G apply to has in its possession, custody, or control the pre-hearing conference. The parties Simplified Proceedings except for and may use to support its claims or and the Judge then will attempt to §§ 2700.56, 2700.57, 2700.58, 2700.59, defenses. Any material or object that resolve or narrow the remaining issues. 2700.65, and 2700.67, which do not cannot be copied, or the copying of The Judge will enter into the record any apply. The provisions of subpart H which would be unduly burdensome, further agreements reached by the apply to Simplified Proceedings except shall be described and its location parties. for § 2700.76, which does not apply. specified. Materials required to be (c) Evidence. The Judge will receive The provisions of subparts B, D, E and disclosed include, but are not limited to, oral, physical, or documentary evidence F do not apply to Simplified inspection notes, citation that is relevant, and not unduly Proceedings.

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Dated: May 11, 2010. Instructions: Direct your comments to FOR FURTHER INFORMATION CONTACT: Mary Lu Jordan, Docket ID No. EPA–HQ–OAR–2010– Mr. Chuck French, Metals and Minerals Chairman, Federal Mine Safety and Health 0239. EPA’s policy is that all comments Group, Sectors Policies and Programs Review Commission. received will be included in the public Division (D243–02), U.S. EPA, Research [FR Doc. 2010–11739 Filed 5–19–10; 8:45 am] docket without change and may be Triangle Park, North Carolina 27711; BILLING CODE 6735–01–P made available on-line at http:// telephone number (919) 541–7912; www.regulations.gov, including any facsimile number (919) 541–3207; personal information provided, unless electronic mail address ENVIRONMENTAL PROTECTION the comment includes information [email protected]. AGENCY claimed to be Confidential Business Information (CBI) or other information SUPPLEMENTARY INFORMATION: This 40 CFR Parts 9 and 63 whose disclosure is restricted by statute. document extends the public comment Do not submit information that you period established in the Federal [EPA–HQ–OAR–2010–0239; FRL–9143–5] consider to be CBI or otherwise Register issued on April 28, 2010, when RIN 2060–AP48 protected through http:// EPA published the proposed rule (75 FR www.regulations.gov or e-mail. The 22470). Several parties requested that National Emission Standards for http://www.regulations.gov Web site is EPA extend the comment period. EPA Hazardous Air Pollutants: Gold Mine an ‘‘anonymous access’’ system, which has granted this request and is Ore Processing and Production Area means EPA will not know your identity extending the comment period to June Source Category and Addition to or contact information unless you 28, 2010. To submit comments, or Source Category List for Standards provide it in the body of your comment. access the official public docket, please follow the detailed instructions as AGENCY: Environmental Protection If you send an e-mail comment directly provided in the SUPPLEMENTARY Agency (EPA). to EPA without going through http:// www.regulations.gov, your e-mail INFORMATION section of the April 28, ACTION: Extension of public comment address will be automatically captured 2010 (75 FR 22470) Federal Register period. and included as part of the comment document. If you have questions, SUMMARY: On April 28, 2010, EPA that is placed in the public docket and consult the person listed under FOR published a proposed rule for mercury made available on the Internet. If you FURTHER INFORMATION CONTACT. emissions from the gold mine ore submit an electronic comment, EPA List of Subjects in 40 CFR Parts 9 and processing and production area source recommends that you include your 63 category. We are announcing an name and other contact information in extension of the public comment period the body of your comment and with any Environmental protection, Air to June 28, 2010. disk or CD–ROM you submit. If EPA pollution control, Hazardous DATES: Submit comments on or before cannot read your comment due to substances, Incorporations by reference, June 28, 2010. technical difficulties and cannot contact Reporting and recordkeeping you for clarification, EPA may not be ADDRESSES: Comments. Submit your requirements. able to consider your comment. comments, identified by Docket ID No. Dated: May 14, 2010. Electronic files should avoid the use of EPA EPA–HQ–OAR–2010–0239, by one special characters, any form of Gina McCarthy, of the following methods: Assistant Administrator. • http://www.regulations.gov: Follow encryption, and be free of any defects or the on-line instructions for submitting viruses. For additional information [FR Doc. 2010–12099 Filed 5–19–10; 8:45 am] comments. about EPA’s public docket, visit the EPA BILLING CODE 6560–50–P • E-mail: [email protected]. Docket Center homepage at http:// • Fax: (202) 566–1741. www.epa.gov/epahome/dockets.htm. • Mail: Air and Radiation Docket and Docket: All documents in the docket ENVIRONMENTAL PROTECTION Information Center, Environmental are listed in the http:// AGENCY Protection Agency, Mailcode: 6102T, www.regulations.gov index. Although 1200 Pennsylvania Ave., NW., listed in the index, some information is 40 CFR Parts 51 and 52 Washington, DC 20460. Please include a not publicly available, e.g., CBI or other total of two copies. EPA requests a information whose disclosure is [EPA-HQ-OAR-2003-0064, FRL-9151-3] separate copy also be sent to the contact restricted by statute. Certain other person identified below (see FOR material, such as copyrighted material, RIN 2060-AP80 FURTHER INFORMATION CONTACT). In will be publicly available only in hard addition, please mail a copy of your copy. Publicly available docket Prevention of Significant Deterioration comments on the information collection materials are available either (PSD) and Nonattainment New Source provisions to the Office of Information electronically in http:// Review (NSR): Aggregation and Regulatory Affairs, Office of www.regulations.gov or in hardcopy at Management and Budget, Attn: Desk the Air and Radiation Docket EPA/DC, Officer for EPA, 725 17th St. NW., EPA West, Room 3334, 1301 Correction Washington, DC 20503. Constitution Avenue., NW., • Hand Delivery: Air and Radiation Washington, DC. The Public Reading Proposed Rule document 2010–11578 Docket and Information Center, U.S. Room is open from 8:30 a.m. to 4:30 was inadvertently published in the EPA, Room B102, 1301 Constitution p.m., Monday through Friday, excluding Rules and Regulations section of the Avenue, NW., Washington, DC. Such legal holidays. The telephone number issue of May 14, 2010, beginning on deliveries are only accepted during the for the Public Reading Room is (202) page 27191. It should have appeared in Docket’s normal hours of operation, and 566–1744, and the telephone number for the Proposed Rules section. special arrangements should be made the Air and Radiation Docket is [FR Doc. C1–2010–11578 Filed 5–19–10; 8:45 am] for deliveries of boxed information. (202) 566–1742. BILLING CODE 1505–01–D

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DEPARTMENT OF DEFENSE Instructions: Please submit comments Review, dated September 30, 1993. This only and cite FAR Case 2009–031, in all rule is not a major rule under 5 U.S.C. GENERAL SERVICES correspondence related to this case. All 804. ADMINISTRATION comments received will be posted B. Regulatory Flexibility Act without change to http:// NATIONAL AERONAUTICS AND www.regulations.gov, including any The Councils do not expect this SPACE ADMINISTRATION personal and/or business confidential proposed rule to have a significant information provided. economic impact on a substantial 48 CFR Part 49 FOR FURTHER INFORMATION CONTACT: Ms. number of small entities within the meaning of the Regulatory Flexibility [FAR Case 2009–031; Docket 2010-0090, Jeritta Parnell, Procurement Analyst, at Sequence 1] (202) 501–4082 for clarification of Act, 5 U.S.C. 601, et seq., because this content. Please cite FAR case 2009–031. proposed rule merely clarifies existing RIN 9000–AL56 For information pertaining to status or FAR policy. An Initial Regulatory publication schedules, contact the Flexibility Analysis has, therefore, not Federal Acquisition Regulation; FAR been performed. The Councils invite Case 2009–031, Terminating Contracts Regulatory Secretariat at (202) 501– 4755. comments from small business concerns AGENCIES: Department of Defense (DoD), and other interested parties on the SUPPLEMENTARY INFORMATION: General Services Administration (GSA), expected impact of this rule on small and National Aeronautics and Space A. Background entities. The Councils will also consider Administration (NASA). The Defense Contract Management comments from small entities ACTION: Proposed rule. Agency (DCMA) submitted a request for concerning the existing regulations in revisions to FAR part 49 and the SUMMARY: The Civilian Agency parts affected by this rule in accordance associated FAR clauses in 52.549 Acquisition Council and the Defense with 5 U.S.C. 610. Interested parties regarding termination of contracts. As a Acquisition Regulations Council must submit such comments separately result, the Councils are proposing to (Councils) are proposing to amend the and should cite 5 U.S.C. 610 (FAR Case amend FAR 49.502(a) to clarify when Federal Acquisition Regulation (FAR) to 2009–031) in all correspondence. the FAR clause at 52.249–1, provide clarification to the prescription Termination for Convenience of the C. Paperwork Reduction Act for the FAR clause at 52.249–1, Government (Fixed Price) (Short Form), Termination for Convenience of the The Paperwork Reduction Act does is used. Government (Fixed Price) (Short Form), not apply because the proposed changes The Councils believe that clarification to the FAR do not impose information located in FAR 49.502(a), to apprise is needed in the prescription for the contracting officers that there are collection requirements that require the clause, to apprise contracting officers approval of the Office of Management alternative clauses that can be used for that there are alternative clauses that terminations up to the simplified and Budget under 44 U.S.C. Chapter 35, can be used for terminations up to the et seq. acquisition threshold. In addition, simplified acquisition threshold. The references to the FAR clauses at 52.212– language in FAR 49.002 is revised to List of Subjects in 48 CFR Part 49. 4 and 52.213–4 are added in the include a reference to FAR 12.403 and Government procurement. prescription for FAR 52.249–1 at FAR the language at FAR 49.502(a) is revised 49.502(a) and in FAR 49.002, to include references to the FAR clauses Dated: May 14, 2010. Applicability. at 52.212–4, Contract Terms and Al Matera, DATES: Interested parties should submit Conditions—Commercial Items, and at Director, Acquisition Policy Division. written comments to the Regulatory 52.213–4, Terms and Conditions— Therefore, DoD, GSA, and NASA Secretariat on or before July 19, 2010 to Simplified Acquisitions (Other than propose amending 48 CFR part 49 as set be considered in the formulation of a Commercial Items). These clauses forth below: final rule. should be used for the majority of PART 49—TERMINATION OF ADDRESSES: Submit comments simplified acquisition terminations. identified by FAR Case 2009–031 by any However, the FAR clause at 52.249–1 CONTRACTS of the following methods: may be appropriate in certain situations 1. The authority citation for 48 CFR • Regulations.gov: http:// where these two clauses are not part 49 continues to read as follows: www.regulations.gov. applicable. Submit comments via the Federal The FAR clauses at FAR 52.212–4 Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). eRulemaking portal by inputting ‘‘FAR (basic clause) and 52.213–4 allow for Case 2009–031’’ under the heading the contractor to be paid a percentage of 49.002 Applicability. ‘‘Enter Keyword or ID’’ and selecting the contract price reflecting the 2. Amend section 49.002 by removing ‘‘Search’’. Select the link ‘‘Submit a percentage of the work performed prior from paragraph (a) ‘‘(see also 13.302–4)’’ Comment’’ that corresponds with ‘‘FAR to the notice of termination for and adding ‘‘(see also 12.403 and Case 2009–031’’. Follow the instructions convenience, plus reasonable charges 13.302–4)’’ in its place. provided at the ‘‘Submit a Comment’’ the contractor can demonstrate to the 3. Amend section 49.502 by revising screen. Please include your name, satisfaction of the Government using its paragraph (a)(1) to read as follows: company name (if any), and ‘‘FAR Case standard record keeping system have 2009–031’’ on your attached document. resulted from the termination. There is 49.502 Termination for convenience of the • Fax: 202–501–4067. no need for partial payments under Government. • Mail: General Services these circumstances. (a) Fixed-price contracts that do not Administration, Regulatory Secretariat This is not a significant regulatory exceed the simplified acquisition (MVCB), 1800 F Street, NW., Room action and, therefore, was not subject to threshold (short form)—(1) General use. 4041, ATTN: Hada Flowers, review under Section 6(b) of Executive The contracting officer shall insert the Washington, DC 20405. Order 12866, Regulatory Planning and clause at 52.249–1, Termination for

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Convenience of the Government (Fixed- Government (Services) (Short Form) is (iv) If one of the clauses prescribed or Price) (Short Form), in solicitations and appropriate; cited at 49.505(a) or (c), is appropriate; contracts when a fixed-price contract is or (ii) In contracts for research and contemplated and the contract amount (v) When the clause at 52.212–4 or development work with an educational is not expected to exceed the simplified 52.213–4 is used. (See 12.403(a) or or nonprofit institution on a no-profit acquisition threshold, except— 13.302–5(d)(1)). basis; (i) If use of the clause at 52.249–4, * * * * * Termination for Convenience of the (iii) In contracts for architect-engineer [FR Doc. 2010–12136 Filed 5–19–10; 8:45 am] services; BILLING CODE 6820–EP–S

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Notices Federal Register Vol. 75, No. 97

Thursday, May 20, 2010

This section of the FEDERAL REGISTER Information Collection,’’ and should collection of information is estimated to contains documents other than rules or reference the date and page number of be 5 to 40 hours per response proposed rules that are applicable to the this issue of the Federal Register. (amendments to certified systems public. Notices of hearings and investigations, Information collection package and require less time, new certifications committee meetings, agency decisions and other documents relating to this action rulings, delegations of authority, filing of require more time). will be available for public inspection in petitions and applications and agency Respondents (Affected Public): States Room 1643–S, 1400 Independence statements of organization and functions are seeking certification of central filing Avenue, SW., Washington, DC 20250– examples of documents appearing in this systems to notify buyers of farm section. 3604 during regular business hours. All comments will be available for public products of any mortgages or liens on inspection in the above office during the products. DEPARTMENT OF AGRICULTURE regular business hours (7 CFR 1.27(b)). Estimated Number of Respondents: Please call the Management and Budget Less than 1 per year. Since 2004, one Grain Inspection, Packers and Services Staff of GIPSA at (202) 720– State requested an amendment to its Stockyards Administration 7486 to arrange to inspect comments. certification. The Food Conservation Request for Extension and Revision of FOR FURTHER INFORMATION CONTACT: For and Energy Act of 2008, otherwise a Currently Approved Information information regarding the information known as the 2008 Farm Bill, however, Collection Under the Clear Title collection activities and the use of the amended the Act to allow States to Program information, contact Catherine Grasso maintain master debtor lists with social by telephone at (202) 720–7201, or by e- security numbers or taxpayer AGENCY: Grain Inspection, Packers and mail at [email protected]. identification numbers that are Stockyards Administration, USDA. SUPPLEMENTARY INFORMATION: GIPSA encrypted for security purposes and ACTION: Notice and request for administers the Clear Title Program how the encrypted list may be comments. under the Act (7 U.S.C. 1631) for the distributed. This amendment and Secretary of Agriculture (Secretary). subsequent regulations may result in a SUMMARY: This notice announces the Regulations implementing the Clear Grain Inspection, Packers and larger number of amendments in the Title Program require that States next several years. Stockyards Administration’s (GIPSA) implementing a central filing system for intention to request approval from the notification of liens on farm products Estimated Number of Responses per Office of Management and Budget have such systems certified by the Respondent: 1. (OMB) for an extension of a currently Secretary. These regulations are Estimated Total Annual Burden on approved information collection in contained in 9 CFR 205, ‘‘Clear Title— Respondents: 5–40 hours. support of the reporting and Protection for Purchasers of Farm As required by the PRA (44 U.S.C. recordkeeping requirements under the Products.’’ Nineteen States have ‘‘Clear Title’’ regulations as authorized 3506(c)(2)(A)) and its implementing certified central filing systems currently. regulations (5 CFR 1320.8(d)(1)(i)), by section 1324 of the Food Security Act Title: ‘‘Clear Title’’ Regulations to GIPSA specifically requests comments of 1985, as amended (Act). This implement section 1324 of the Food on: (1) Whether the proposed collection approval is required under the Security Act of 1985. Paperwork Reduction Act of 1995 OMB Number: 0580–0016. of information is necessary for the (PRA). Expiration Date of Approval: February proper performance of the functions of DATES: We will consider comments that 28, 2011. the agency, including whether the we receive by July 19, 2010. Type of Request: Extension and information will have practical utility; (2) the accuracy of the agency’s estimate ADDRESSES: We invite you to submit revision of a currently approved comments on this notice. You may information collection. of the burden of the proposed collection submit comments by any of the Abstract: The information is needed of information including the validity of following methods: to carry out the Secretary’s the methodology and assumptions used; • E-Mail: [email protected]. responsibility for certifying a State’s (3) ways to enhance the quality, utility, • Mail: Tess Butler, GIPSA, USDA, central filing system under section 1324 and clarity of the information to be 1400 Independence Avenue, SW., Room of the Act. Section 1324 of the Act collected; and (4) ways to minimize the 1647–S, Washington, DC 20250–3604. enables States to establish central filing burden of the collection of information • Fax: (202) 690–2755. systems to notify potential buyers, on those who are to respond, including • Hand Delivery or Courier: Deliver commission merchants, and selling the use of appropriate automated, comments to: Tess Butler, GIPSA, agents of security interests (liens) electronic, mechanical, or other USDA, 1400 Independence Avenue, against farm products. The Secretary has technological collection techniques or SW., Room 1647–S, Washington, DC delegated authority to GIPSA for other forms of information technology. 20250–3604. certifying these systems. Currently, 19 • Internet: Go to http:// States have certified central filing All responses to this notice will be www.regulations.gov and follow the on- systems. The purpose of this notice is to summarized and included in the request line instructions for submitting solicit comments from the public for OMB approval. All comments will comments. concerning our information collection. become a matter of public record. Instructions: All comments should be Estimate of Burden: Public reporting identified as ‘‘P&SP, Clear Title and recordkeeping burden for this

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Authority: 44 U.S.C. 3506 and 5 CFR Title: Cotton Classing, Testing, and collected; and (4) ways to minimize the 1320.8. Standards. burden of the collection of information J. Dudley Butler, OMB Number: 0581–0008. on those who are to respond, including Expiration Date of Approval: the use of appropriate automated, Administrator, Grain Inspection, Packers and December 30, 2010. Stockyards Administration. electronic, mechanical, or other Type of Request: Extension and technological collection techniques or [FR Doc. 2010–12002 Filed 5–19–10; 8:45 am] Revision of a Currently Approved other forms of information technology. BILLING CODE 3410–KD–P Information Collection. Comments may be sent to Shethir Riva, Abstract: Information solicited is used Chief, Research and Promotion, Cotton by the USDA to administer and DEPARTMENT OF AGRICULTURE and Tobacco Programs, Agricultural supervise activities associated with the Marketing Service, USDA, 1400 Agricultural Marketing Service classification or grading of cotton, Independence Ave., SW., Room 2637–S, cotton linters, and cottonseed based on Washington, DC 20250–0224. All [AMS–CN–10–0038, CN–10–002] official USDA Standards. The comments received will be available for information requires personal data, such public inspection during regular Cotton Classing, Testing and as name, type of business, address, and Standards: Notice of Request for an business hours at the same address or at description of classification services http://www.regulations.gov. Extension and Revision to a Currently requested. These programs are Approved Information Collection All responses to this notice will be conducted under the United States summarized and included in the request AGENCY: Agricultural Marketing Service, Cotton Standards Act (7 U.S.C. 51b), the for OMB approval. All comments will USDA. Cotton Statistics and Estimates Act of become a matter of public record. 1927 (7 U.S.C. 473c), and the ACTION: Notice and request for Dated: May 14, 2010. comments. Agricultural Marketing Act of 1946 (7 U.S.C. 1622h) and regulations appear at David R. Shipman, SUMMARY: In accordance with the 7 CFR part 28. Acting Administrator, Agricultural Marketing Paperwork Reduction Act of 1995 (44 The information collection Service. U.S.C. Chapter 35), this notice requirements in this request are [FR Doc. 2010–12028 Filed 5–19–10; 8:45 am] announces the Agricultural Marketing essential to carry out the intent of the BILLING CODE 3410–02–P Service’s (AMS) intention to request Acts and to provide the cotton industry approval from the Office of Management the type of information they need to and Budget, for an extension and make sound business decisions. The DEPARTMENT OF AGRICULTURE revision to the currently approved information collected is the minimum Agricultural Marketing Service information collection Cotton Classing, required. Information is requested from Testing, and Standards. growers, cooperatives, merchants, [AMS–CN–10–0037; CN–10–003] DATES: Comments received by July 19, manufacturers, and other government 2010 will be considered. agencies. Cotton Classification and Market News Service: Notice of Request for an ADDITIONAL INFORMATION OR COMMENTS: The information collected is used only by authorized employees of the Extension and Revision of a Currently Interested persons are invited to submit Approved Information Collection written comments concerning this USDA, AMS. The cotton industry is the proposal to Shethir Riva, Chief, primary user of the compiled AGENCY: Agricultural Marketing Service, Research and Promotion, Cotton and information and AMS and other USDA. government agencies are secondary Tobacco Programs, Agricultural ACTION: Notice and request for users. Marketing Service, USDA, 1400 comments. Independence Ave., SW., Room 2637–S, Estimate of Burden: Public reporting Washington, DC 20250–0224. burden for this collection of information SUMMARY: In accordance with the Comments should be submitted in is estimated to average 0.08 hours per Paperwork Reduction Act of 1995 (44 triplicate. Comments may also be response. U.S.C. Chapter 35), this notice submitted electronically through http:// Respondents: Cotton merchants, announces the Agricultural Marketing www.regulations.gov. All comments warehouses, and gins. Service’s (AMS) intention to request Estimated Number of Respondents: should reference the docket number and approval from the Office of Management 893. and Budget, for an extension of and page number of this issue of the Federal Estimated Number of Responses per revision to the currently approved Register. All comments received will be Respondent: 2.01. information collection Cotton made available for public inspection Estimated Number of Responses: Classification and Market News Service. through http://www.regulations.gov or 1,793. at Cotton and Tobacco Programs, AMS, Estimated Total Annual Burden on DATES: Comments received by July 19, USDA, 1400 Independence Ave., SW., Respondents: 136.15. 2010. Room 2637–S, Washington, DC 20250 Comments are invited on: (1) Whether ADDITIONAL INFORMATION OR COMMENTS: during regular business hours. the proposed collection of information Interested persons are invited to submit FOR FURTHER INFORMATION CONTACT: is necessary for the proper performance written comments concerning this Shethir Riva, Chief, Research and of the functions of the agency, including proposal to Shethir Riva, Chief, Promotion, Cotton and Tobacco whether the information will have Research and Promotion, Cotton and Programs, Agricultural Marketing practical utility; (2) the accuracy of the Tobacco Programs, Agricultural Service, USDA, 1400 Independence agency’s estimate of the burden of the Marketing Service, USDA, 1400 Ave., SW., Room 2637–S, Washington, proposed collection of information Independence Ave., SW., Room 2637–S, DC 20250–0224, telephone (202) 720– including the validity of the Washington, DC 20250–0224. 3193, facsimile (202) 690–1718, or e- methodology and assumptions used; (3) Comments should be submitted in mail at [email protected]. ways to enhance the quality, utility, and triplicate. Comments may also be SUPPLEMENTARY INFORMATION: clarity of the information to be submitted electronically through http://

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www.regulations.gov. All comments essential to carry out the intent of the Dated: May 14, 2010. should reference the docket number and Acts and to provide the cotton industry David R. Shipman, page number of this issue of the Federal the type of information they need to Acting Administrator, Agricultural Marketing Register. All comments received will be make sound business decisions. The Service. made available for public inspection at information collected is the minimum [FR Doc. 2010–12032 Filed 5–19–10; 8:45 am] http://www.regulations.gov or at the required. Information is requested from BILLING CODE 3410–02–P Cotton and Tobacco Programs, AMS, growers, cooperatives, merchants, USDA, 1400 Independence Ave., SW., manufacturers, and other government Room 2637–S, Washington, DC 20250 agencies. This includes information on DEPARTMENT OF AGRICULTURE during regular business hours. cotton, cottonseed and cotton linters. FOR FURTHER INFORMATION CONTACT: The information collected is used Animal and Plant Health Inspection Shethir Riva, Chief, Research and only by authorized employees of the Service Promotion, Cotton and Tobacco USDA, AMS. The cotton industry is the [Docket No. APHIS-2010-0029] Programs, Agricultural Marketing primary user of the compiled Service, USDA, 1400 Independence information and AMS and other Availability of an Environmental Ave., SW., Room 2637–S, Washington, government agencies are secondary Assessment for a Biological Control DC 20250–0224, telephone (202) 720– users. Agent for Hemlock Woolly Adelgid 3193, facsimile (202) 690–1718, or e- Estimate of Burden: Public reporting mail at [email protected]. AGENCY: Animal and Plant Health burden for this collection of information Inspection Service, USDA. SUPPLEMENTARY INFORMATION: is estimated to average 0.12 hours per ACTION: Title: Cotton Classification and response. Notice of availability and request for comments. Market News Service. Respondents: Cotton Merchandisers, OMB Number: 0581–0009. Expiration Date of Approval: Textile Mills, Ginners. SUMMARY: We are advising the public December 30, 2010. Estimated Number of Respondents: that the Animal and Plant Health Type of Request: Extension and 873. Inspection Service has prepared an Revision of a Currently Approved Estimated Number of Responses per environmental assessment relative to Information Collection. Respondent: 7.27. the control of hemlock woolly adelgid Abstract: The Cotton Classification Estimated Number of Responses: (Adelges tsugae). The environmental and Market News Service program 6,347.50. assessment considers the effects of, and provides market information on cotton Estimated Total Annual Burden on alternatives to, the release of an insect, prices, quality, stocks, demand and Respondents: 769.80. Laricobius osakensis, into the supply to growers, ginners, continental United States for use as a Comments are invited on: (1) Whether merchandisers, textile mills and the biological control agent to reduce the the proposed collection of information public for their use in making sound severity of hemlock woolly adelgid is necessary for the proper performance business decisions. The Cotton Statistics infestations. We are making the of the functions of the agency, including and Estimates Act (7 U.S.C. 471–476), environmental assessment available to whether the information will have authorizes and directs the Secretary of the public for review and comment. practical utility; (2) the accuracy of the Agriculture to: (a) Collect and publish agency’s estimate of the burden of the DATES: We will consider all comments annually, statistics or estimates proposed collection of information that we receive on or before June 21, concerning the grades and staple lengths 2010. of stocks of cotton, known as the including the validity of the carryover, on hand on the 1st of August methodology and assumptions used; (3) ADDRESSES: You may submit comments each year in warehouses and other ways to enhance the quality, utility, and by either of the following methods: ∑ establishments of every character in the clarity of the information to be Federal eRulemaking Portal: Go to continental U.S., and following such collected; and (4) ways to minimize the (http://www.regulations.gov/ publication each year, to publish at burden of the collection of information fdmspublic/component/ intervals, in his/her discretion, his/her on those who are to respond, including main?main=DocketDetail&d=APHIS- estimate of the grades and staple length the use of appropriate automated, 2010-0029) to submit or view comments of cotton of the current crop (7 U.S.C. electronic, mechanical, or other and to view supporting and related 471) and (b) Collect, authenticate, technological collection techniques or materials available electronically. publish and distribute by radio, mail, or other forms of information technology. ∑Postal Mail/Commercial Delivery: otherwise, timely information of the Comments may be submitted Please send one copy of your comment market supply, demand, location, and electronically through http:// to Docket No. APHIS-2010-0029, market prices of cotton (7 U.S.C. 473b). www.regulations.gov. Comments also Regulatory Analysis and Development, The Agricultural Marketing Act of 1946 may be sent to Shethir Riva, Chief, PPD, APHIS, Station 3A-03.8, 4700 (7 U.S.C. 1621–1627), authorizes and Research and Promotion, Cotton and River Road Unit 118, Riverdale, MD directs the Secretary of Agriculture to Tobacco Programs, Agricultural 20737-1238. Please state that your collect and disseminate marketing Marketing Service, USDA, 1400 comment refers to Docket No. APHIS- information, including adequate outlook Independence Ave., SW., Washington, 2010-0029. information on a market-area basis, for DC 20250–0224. All comments received Reading Room: You may read any the purpose of anticipating and meeting will be available for public inspection comments that we receive on the consumer requirements, aiding in the during regular business hours at the environmental assessment in our maintenance of farm income, and same address or through http:// reading room. The reading room is bringing about a balance between www.regulations.gov. located in room 1141 of the USDA production and utilization of All responses to this notice will be South Building, 14th Street and agricultural products. summarized and included in the request Independence Avenue SW., The information collection for OMB approval. All comments will Washington, DC. Normal reading room requirements in this request are become a matter of public record. hours are 8 a.m. to 4:30 p.m., Monday

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through Friday, except holidays. To be to the public for review and comment. DATES: We will consider all comments sure someone is there to help you, We will consider all comments that we that we receive on or before June 21, please call (202) 690-2817 before receive on or before the date listed 2010. coming. under the heading DATES at the ADDRESSES: You may submit comments Other Information: Additional beginning of this notice. by either of the following methods: information about APHIS and its The EA may be viewed on the ∑Federal eRulemaking Portal: Go to programs is available on the Internet at Regulations.gov Web site or in our (http://www.regulations.gov/ (http://www.aphis.usda.gov). reading room (see ADDRESSES above for fdmspublic/component/ FOR FURTHER INFORMATION CONTACT: Dr. instructions for accessing main?main=DocketDetail&d=APHIS- Shirley A. Wager-Page, Chief, Pest Regulations.gov and information on the 2010-0028) to submit or view comments Permitting Branch, PPQ, APHIS, 4700 location and hours of the reading room). and to view supporting and related River Road Unit 133, Riverdale, MD You may request paper copies of the EA materials available electronically. 20737-1237; (301) 734-8453. by calling or writing to the person listed ∑Postal Mail/Commercial Delivery: SUPPLEMENTARY INFORMATION: under FOR FURTHER INFORMATION Please send one copy of your comment CONTACT. Please refer to the title of the to Docket No. APHIS-2010-0028, Background EA when requesting copies. Regulatory Analysis and Development, The Animal and Plant Health The EA has been prepared in PPD, APHIS, Station 3A-03.8, 4700 Inspection Service (APHIS) is proposing accordance with: (1) The National River Road Unit 118, Riverdale, MD to issue permits for the release of an Environmental Policy Act of 1969 20737-1238. Please state that your insect, Laricobius osakensis, into the (NEPA), as amended (42 U.S.C. 4321 et comment refers to Docket No. APHIS- continental United States for use as a seq.), (2) regulations of the Council on 2010-0028. biological control agent to reduce the Environmental Quality for Reading Room: You may read any severity of hemlock woolly adelgid implementing the procedural provisions comments that we receive on the (HWA) infestations. of NEPA (40 CFR parts 1500-1508), (3) environmental assessment in our HWA, an introduced insect pest USDA regulations implementing NEPA reading room. The reading room is destructive to forest and ornamental (7 CFR part 1b), and (4) APHIS’ NEPA located in room 1141 of the USDA hemlock trees, was first discovered in Implementing Procedures (7 CFR part South Building, 14th Street and Virginia in 1951. HWA now infests 18 372). Independence Avenue SW., States due to the movements of infested Done in Washington, DC, this 14th day Washington, DC. Normal reading room nursery plants as well as non-human of May 2010. hours are 8 a.m. to 4:30 p.m., Monday modes of dispersal that include birds, through Friday, except holidays. To be Kevin Shea, deer, and wind. HWA feeds at the bases sure someone is there to help you, of hemlock needles, causing them to dry Acting Administrator, Animal and Plant please call (202) 690-2817 before Health Inspection Service. out and resulting in needle loss. This coming. prevents trees from producing new buds [FR Doc. 2010–12024 Filed 5–19–10; 8:45 am] Other Information: Additional for the next year’s growth, and leads to BILLING CODE 3410–34–S information about APHIS and its branch dieback and, often, the eventual programs is available on the Internet at (http://www.aphis.usda.gov). death of the tree. HWA infestation is DEPARTMENT OF AGRICULTURE fatal to eastern hemlocks of all ages, FOR FURTHER INFORMATION CONTACT: Dr. regardless of health prior to infestation, Animal and Plant Health Inspection Shirley A. Wager-Page, Chief, Pest with tree mortality occurring between Service Permitting Branch, PPQ, APHIS, 4700 four and ten or more years after River Road Unit 133, Riverdale, MD infestation, depending on 20737-1237; (301) 734-8453. [Docket No. APHIS-2010-0028] environmental conditions. SUPPLEMENTARY INFORMATION: Existing HWA management options Availability of an Environmental Background include chemical control and Assessment for a Biological Control silvicultural control, which, in this Agent for Asian Citrus Psyllid The Animal and Plant Health instance, would involve close Inspection Service (APHIS) is proposing management of trees on a site-by-site AGENCY: Animal and Plant Health to issue permits for the release of an basis. However, these management Inspection Service, USDA. insect, Tamarixia radiata, into the measures can be expensive, temporary, ACTION: Notice of availability and continental United States for use as a or have non-target impacts. Thus, a request for comments. biological control agent to reduce the permit application has been submitted severity of Asian citrus psyllid (ACP) to APHIS for the purpose of releasing an SUMMARY: We are advising the public infestations. insect, L. osakensis, into the continental that the Animal and Plant Health ACP, a serious pest of citrus, was first United States for use as a biological Inspection Service has prepared an discovered in Florida in 1998. By 2001 control agent to reduce the severity of environmental assessment relative to it had spread to 31 counties within the HWA infestations. the control of Asian citrus psyllid State, primarily due to the movements APHIS’ review and analysis of the (Diaphorina citri Kuwayama). The of infested nursery plants. In that year proposed action are documented in environmental assessment considers the ACP was also accidentally introduced detail in an environmental assessment effects of, and alternatives to, the release into Puerto Rico and Texas. It was (EA) titled ‘‘Proposed Field Release of of an insect, Tamarixia radiata, into the subsequently discovered in Hawaii in Laricobius osakensis (Coleoptera: continental United States for use as a 2006, Guam in 2007, in Alabama, Derodontidae), a Predatory Beetle for biological control agent to reduce the Georgia, Louisiana, Mississippi, South Biological Control of Hemlock Woolly severity of Asian citrus psyllid Carolina, and California in 2008, in Adelgid (Adelges tsugae), in the infestations. We are making the portions of one county in Arizona in Continental United States’’ (December environmental assessment available to 2009, and in the U.S. Virgin Islands in 2009). We are making the EA available the public for review and comment. 2010.

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ACP is of particular concern since it (NEPA), as amended (42 U.S.C. 4321 et Advisory Committee Coordinator, Mark is a carrier of Huanglongbing disease seq.), (2) regulations of the Council on Twain National Forest, 573–341–7404. (citrus greening), which is considered to Environmental Quality for Individuals who use be one of the most serious citrus implementing the procedural provisions telecommunication devices for the deaf diseases in the world. Citrus greening is of NEPA (40 CFR parts 1500-1508), (3) (TDD) may call the Federal Information a bacterial disease that attacks the USDA regulations implementing NEPA Relay Service (FIRS) at 1–800–877–8339 vascular system of its host plant, (7 CFR part 1b), and (4) APHIS’ NEPA between 8 a.m. and 8 p.m., Eastern causing yellow shoots, blotchy mottling Implementing Procedures (7 CFR part Standard Time, Monday through Friday. and chlorosis, reduced foliage, and tip 372). SUPPLEMENTARY INFORMATION: The dieback. Citrus greening greatly reduces Done in Washington, DC, this 14th day meeting is open to the public. The production, destroys the economic of May 2010. following business will be conducted: value of citrus fruit, and can kill trees. Kevin Shea, This being the first meeting of this Once infected, there is no cure for a tree Acting Administrator, Animal and Plant newly chartered Resource Advisory with citrus greening. In areas of the Health Inspection Service. Committee, much of the meeting will world where citrus greening is focus on the responsibilities of the established, citrus trees decline and die [FR Doc. 2010–12026 Filed 5–19–10; 8:45 am] BILLING CODE 3410–34–S committee. Discussion of operating within a few years and may never guidelines the committee may adopt for produce usable fruit. conducting business will be on the In addition to transmitting citrus DEPARTMENT OF AGRICULTURE agenda. Potential projects will also be greening, ACP can cause economic discussed. Persons who wish to bring damage to citrus in groves and nurseries Forest Service related matters to the attention of the by direct feeding. Both adults and Committee may file written statements nymphs feed on young foliage, Eleven Point Resource Advisory with David Whittekiend (address above) depleting the sap and causing galling or Committee before or after the meeting. curling of leaves. Large populations of ACP feeding on a citrus shoot can kill AGENCY: Forest Service, USDA. Dated: May 14, 2010. the growing tip. ACTION: Notice of meeting. David Whittekiend, Alternative ACP management options Forest Supervisor. SUMMARY: The Eleven Point Resource include chemical control and the release Advisory Committee will meet in [FR Doc. 2010–12087 Filed 5–19–10; 8:45 am] of an alternative biological control Winona, Missouri. The committee is BILLING CODE 3410–11–M agent, an encyrtid wasp, meeting as authorized under the Secure (Diaphorencyrtus aligarhensis). Rural Schools and Community Self- However, these management measures Determination Act (Pub. L. 110–343) COMMISSION ON CIVIL RIGHTS can be expensive, temporary, or have and in compliance with the Federal non-target impacts. Thus, a permit Advisory Committee Act. The purpose Sunshine Act Notice application has been submitted to of the meeting is to initiate review of APHIS for the purpose of releasing an AGENCY: United States Commission on proposed forest management projects so insect, T. radiata, into the continental Civil Rights. that recommendations may be made to United States for use as a biological the Forest Service on which should be ACTION: Notice of meeting. control agent to reduce the severity of funded through Title II of the Secure DATE AND TIME: Friday, May 28, 2010; ACP infestations. 11:30 a.m. EDT. APHIS’ review and analysis of the Rural Schools and Community Self PLACE: Via Teleconference, Public Dial proposed action are documented in Determination Act of 2000, as amended In: 1–800–597–7623, Conference ID # detail in an environmental assessment in 2008. 76198308. (EA) titled ‘‘Proposed Release of a DATES: The meeting will be held Parasitoid (Tamarixia radiate Thursday, June 17, 2010, 6:30 p.m. Meeting Agenda ADDRESSES: The meeting will be held at Waterston) for the Biological Control of This meeting is open to the public, Asian Citrus Psyllid (Diaphorina citri the Twin Pines Conservation Education Center located on U.S. Highway 60, Rt. except where noted otherwise. Kuwayama) in the Continental United I. Approval of Agenda 1, Box 1998, Winona, MO. Written States’’ (November 2009). We are making II. State Advisory Committee Issues the EA available to the public for review comments should be sent to David • Colorado SAC and comment. We will consider all Whittekiend, Designated Federal • Oregon SAC comments that we receive on or before Official, Mark Twain National Forest, • Consideration of Additional the date listed under the heading DATES 401 Fairgrounds Road, Rolla, MO. Nominee to the New Jersey SAC at the beginning of this notice. Comments may also be sent via e-mail III. Program Planning The EA may be viewed on the to [email protected] or via • Approval of Briefing Report on Regulations.gov Web site or in our facsimile to 573–364–6844. Health Care Disparities reading room (see ADDRESSES above for All comments, including names and • Approval of Findings & instructions for accessing addresses when provided, are placed in Recommendations on Educational Regulations.gov and information on the the record and are available for public Effectiveness of Historically Black location and hours of the reading room). inspection and copying. The public may Colleges & Universities Briefing Report You may request paper copies of the EA inspect comments received at Mark • Approval of 2011 Business Meeting by calling or writing to the person listed Twain National Forest Supervisors Calendar under FOR FURTHER INFORMATION Office, 401 Fairgrounds Road, Rolla, • Update on Status of NBPP CONTACT. Please refer to the title of the MO. Visitors are encouraged to call Enforcement Report—Some of the EA when requesting copies. ahead to 573–341–7404 to facilitate discussion of this agenda item may be The EA has been prepared in entry into the building. held in closed session. accordance with: (1) The National FOR FURTHER INFORMATION CONTACT: • Update on Status of Title IX Environmental Policy Act of 1969 Richard Hall, Eleven Point Resource Project—Some of the discussion of this

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agenda item may be held in closed compliance with its terms and 2. USSA also seeks to add Cray Valley session. conditions. Section 302(b)(1) of the USA, LLC, Exton, PA (controlling entity: • Discussion of Briefing Concept Export Trading Company Act of 1982 TOTAL Holdings USA, Inc., Houston, Paper on Attack against Asian-American and 15 CFR 325.6(a) require the TX) and Sartomer USA, LLC, Exton, PA Students at South Philadelphia High Secretary to publish a notice in the (controlling entity: TOTAL Holdings School Federal Register identifying the USA, Inc., Houston, TX) as new IV. Adjourn applicant and summarizing its proposed Members of the Certificate within the FOR FURTHER INFORMATION CONTACT: export conduct. meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)). These Lenore Ostrowsky, Acting Chief, Public Request for Public Comments Affairs Unit (202) 376–8591. TDD: (202) two entities are the surviving entities 376–8116. Interested parties may submit written following a reorganization of Sartomer Persons with a disability requiring comments relevant to the determination Company, Inc., Exton, PA (previously a special services, such as an interpreter whether an amended Certificate should Member of USSA’s Certificate). be issued. If the comments include any for the hearing impaired, should contact 3. Delete the following Members from privileged or confidential business Pamela Dunston at least seven days USSA’s Certificate: Atotech USA, Inc., information, it must be clearly marked prior to the meeting at 202–376–8105. Rockhill, SC; Bostik, Inc., Wauwatosa, and a nonconfidential version of the TDD: (202) 376–8116. WI; Cook Composites and Polymers Co., comments (identified as such) should be Kansas City, MO; Hutchinson FTS, Inc., Dated: May 18, 2010. included. Any comments not marked as Troy, MI; Paulstra CRC Corporation, David Blackwood, privileged or confidential business Grand Rapids, MI; TOTAL Lubricants General Counsel. information will be deemed to be USA, Inc., Linden, NJ; TOTAL [FR Doc. 2010–12309 Filed 5–18–10; 4:15 pm] nonconfidential. An original and five (5) PETROCHEMICALS USA, INC., BILLING CODE 6335–01–P copies, plus two (2) copies of the Houston, TX; Carrie M. Bowden, nonconfidential version, should be Missouri City, TX; Dawn K. Peterson, submitted no later than 20 days after the Katy, TX; Sartomer Company, Inc., date of this notice to: Export Trading DEPARTMENT OF COMMERCE Exton, PA. Company Affairs, International Trade International Trade Administration Administration, U.S. Department of Dated: May 14, 2010. Joseph E. Flynn, [Application No. 85–16A18] Commerce, Room 7021X, Washington, DC 20230, or transmitted by E-mail to Director, Office of Competition and Economic Export Trade Certificate of Review [email protected]. Information Analysis. submitted by any person is exempt from [FR Doc. 2010–12066 Filed 5–14–10; 8:45 am] ACTION: Notice of Application (#85– disclosure under the Freedom of BILLING CODE 3510–DR–P 16A18) to Amend the Export Trade Information Act (5 U.S.C. 552). Certificate of Review Issued to U.S. However, nonconfidential versions of Shippers Association, Application No. the comments will be made available to DEPARTMENT OF COMMERCE 85–00018. the applicant if necessary for determining whether or not to issue the International Trade Administration SUMMARY: The Export Trading Company Certificate. Comments should refer to Affairs unit, Office of Competition and this application as ‘‘Export Trade [A–570–893] Economic Analysis, International Trade Certificate of Review, application Administration, U.S. Department of number 85–16A18.’’ Certain Frozen Warmwater Shrimp Commerce, has received an application The original Certificate for U.S. From the People’s Republic of China: to amend an Export Trade Certificate of Shippers Association was issued on Extension of Final Results of Review (‘‘Certificate’’). This notice June 3, 1986 (51 FR 20873, June 9, 1986) Antidumping Duty Administrative summarizes the proposed amendment and last amended on December 16, 2008 Review and requests comments relevant to (73 FR 78291, December 22, 2008). A whether the amended Certificate should summary of the current application for AGENCY: Import Administration, be issued. an amendment follows. International Trade Administration, FOR FURTHER INFORMATION CONTACT: Summary of the Application Department of Commerce Joseph E. Flynn, Director, Office of SUMMARY: The Department of Commerce Competition and Economic Analysis, Applicant: U.S. Shippers Association (‘‘USSA’’), 3715 East Valley Drive, (‘‘Department’’) is extending the time International Trade Administration, limit for the final results of the (202) 482–5131 (this is not a toll-free Missouri City, Texas 77459. Contact: John S. Chinn, Telephone: administrative review of certain frozen number) or by E-mail at warmwater shrimp from the People’s [email protected]. (734) 927–4328. Application No.: 85–16A18. Republic of China (‘‘PRC’’). The review SUPPLEMENTARY INFORMATION: Title III of Date Deemed Submitted: May 7, 2010. covers the period February 1, 2008, the Export Trading Company Act of Proposed Amendment: USSA seeks to through January 31, 2009. 1982 (15 U.S.C. 4001–21) authorizes the amend its Certificate to reflect the DATES: Effective Date: May 20, 2010. Secretary of Commerce to issue Export following changes: Trade Certificates of Review. An Export 1. Add the following new Members of FOR FURTHER INFORMATION CONTACT: Trade Certificate of Review protects the the Certificate within the meaning of Irene Gorelik, AD/CVD Operations, holder and the members identified in section 325.2(1) of the Regulations (15 Office 9, Import Administration, the Certificate from State and Federal CFR 325.2(1)): Sekisui Specialty International Trade Administration, government antitrust actions and from Chemicals America, LLC, Dallas, TX U.S. Department of Commerce, 14th private treble damage antitrust actions (controlling entity: Sekisui America Street and Constitution Avenue, NW., for the export conduct specified in the Corporation, Mt. Laurel, NJ); Thomas M. Washington, DC 20230; telephone: (202) Certificate and carried out in Johnson, Park Ridge, NJ. 482–6905.

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Background Dated: May 14, 2010. specific reasons why a hearing on this John M. Andersen, application would be appropriate. On March 26, 2009, the Department Acting Deputy Assistant Secretary for FOR FURTHER INFORMATION CONTACT: published a notice of initiation of the Antidumping and Countervailing Duty administrative reviews of the Operations. Amy Sloan or Jennifer Skidmore, antidumping duty orders on certain [FR Doc. 2010–12141 Filed 5–19–10; 8:45 am] (301)713–2289. frozen shrimp from the Socialist BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: The Republic of Vietnam and the PRC. See subject amendment to Permit No. 13602 Notice of Initiation of Administrative is requested under the authority of the Reviews and Requests for Revocation in DEPARTMENT OF COMMERCE Marine Mammal Protection Act of 1972, Part of the Antidumping Duty Orders on as amended (16 U.S.C. 1361 et seq.), the Certain Frozen Warmwater Shrimp National Oceanic and Atmospheric Administration regulations governing the taking and From the Socialist Republic of Vietnam importing of marine mammals (50 CFR and the People’s Republic of China, 74 RIN 0648–XK54 part 216), the Endangered Species Act of FR 13178 (March 26, 2009). On March Marine Mammals; File No. 13602 1973, as amended (16 U.S.C. 1531 et 12, 2010, the Department published the seq.), and the regulations governing the preliminary results of review. See AGENCY: National Marine Fisheries taking, importing, and exporting of Fourth Administrative Review of Certain Service (NMFS), National Oceanic and endangered and threatened species (50 Frozen Warmwater Shrimp From the Atmospheric Administration (NOAA), CFR 222–226). People’s Republic of China: Preliminary Commerce. Results, Preliminary Partial Rescission Permit No. 13602, issued on ACTION: Notice; receipt of application September 4, 2009 (74 FR 46569), of Antidumping Duty Administrative for permit amendment. Review and Intent Not To Revoke, In authorizes the permit holder to conduct Part, 75 FR 11855 (March 12, 2010). SUMMARY: Notice is hereby given that Dr. research on captive and rehabilitating Terrie Williams, Long Marine Lab, non-listed marine mammals to compare Statutory Time Limits Institute of Marine Sciences, University the energetic responses and diving In antidumping duty administrative of California at Santa Cruz, 100 Shaffer physiology of odontocetes and reviews, section 751(a)(3)(A) of the Road, Santa Cruz, CA 95060, has pinnipeds to determine key Tariff Act of 1930, as amended (‘‘the applied for an amendment to Scientific physiological factors required for Act’’), requires the Department to make Research Permit No. 13602. survival and to assist in management a final determination in an DATES: Written, telefaxed, or e-mail decisions for wild populations. The administrative review of an comments must be received on or before permit expires on September 7, 2014. antidumping duty order within 120 June 21, 2010. The permit holder is requesting days after the date on which the ADDRESSES: The application and related authorization to include physiological preliminary results are published. documents are available for review by research on up to 18 captive Hawaiian However, if it is not practicable to selecting ‘‘Records Open for Public monk seals (Monachus schauinslandi) complete the review within these time Comment’’ from the Features box on the in facilities in the United States, and periods, section 751(a)(3)(A) of the Act Applications and Permits for Protected opportunistic energetic assessments on allows the Department to extend the 120 Species home page, https:// stranded ESA-listed marine mammals apps.nmfs.noaa.gov, and then selecting day period to 180 days after the under NMFS jurisdiction undergoing File No. 13602 from the list of available preliminary results if it determines it is rehabilitation in California, using applications. not practicable to complete the review methods currently approved in Permit within the foregoing time period. These documents are also available upon written request or by appointment No.13602. In addition to the energetic Extension of Time Limit for Preliminary in the following offices: assessments, the following research Results of Review Permits, Conservation and Education would be conducted on captive Division, Office of Protected Resources, Hawaiian monk seals: deuterium oxide We determine that it is not practicable NMFS, 1315 East-West Highway, Room and Evan’s blue administration, blood to complete the final results of the 13705, Silver Spring, MD 20910; phone sampling, blubber ultrasound; and administrative review of certain frozen (301)713–2289; fax (301)713–0376; and administration of thyroid stimulating warmwater shrimp from the PRC within Southwest Region, NMFS, 501 West hormone and fecal sampling. The the 120 day time limit because the Ocean Blvd., Suite 4200, Long Beach, applicant requests the transfer and use Department requires additional time to CA 90802–4213; phone (562)980–4001; of tissues (brain and skeletal muscle) analyze case and rebuttal briefs. fax (562)980–4018. from Hawaiian monk seal carcasses and Therefore, in accordance with section Written comments on this application other dead ESA-listed marine mammal 751(a)(3)(A) of the Act, the Department should be submitted to the Chief, species for assessment of oxygen stores is extending the time period for Permits, Conservation and Education and aerobic dive limits. The amendment completion of the final results of this Division, at the address listed above. is requested for the duration of the Comments may also be submitted by review, which is currently due on July permit. facsimile to (301)713–0376, or by email 10, 2010, by 30 days to 150 days after to [email protected]. Concurrent with the publication of the date on which the preliminary Please include the File No. in the this notice in the Federal Register, results were published. Therefore, the subject line of the email comment. NMFS is forwarding copies of this final results are now due no later than Those individuals requesting a public application to the Marine Mammal August 9, 2010. hearing should submit a written request Commission and its Committee of We are issuing and publishing this to the Chief, Permits, Conservation and Scientific Advisors. notice in accordance with sections Education Division at the address listed 751(a)(3)(A) and 777(i) of the Act. above. The request should set forth the

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Dated: May 14, 2010. from January 2009 through February Department may consider a period of P. Michael Payne, 2010, as requested by the Department. not less than three months from that Chief, Permits, Conservation and Education In accordance with 19 CFR earlier time. See 19 CFR 351.206(i). Division, Office of Protected Resources, 351.206(c)(1), when a critical National Marine Fisheries Service. circumstances allegation is filed 30 days Allegation [FR Doc. 2010–12124 Filed 5–19–10; 8:45 am] or more before the scheduled date of the In its allegation, Petitioner contends BILLING CODE 3510–22–S final determination (as was done in this that, based on the dumping margins case), the Department will issue a assigned by the Department in the preliminary finding whether there is a Preliminary Determination, importers DEPARTMENT OF COMMERCE reasonable basis to believe or suspect knew or should have known that the that critical circumstances exist. International Trade Administration merchandise under consideration was Because the critical circumstances being sold at less than fair value [A–570–954] allegation in this case was submitted (‘‘LTFV’’). Petitioner also contends that, after the Preliminary Determination, the based on the preliminary determination Certain Magnesia Carbon Bricks From Department will normally issue its of injury by the U.S. International Trade the People’s Republic of China: Notice preliminary findings of critical Commission (‘‘ITC’’), there is a of Preliminary Affirmative circumstances not later than 30 days reasonable basis to impute importers’ Determination of Critical after the allegation was filed. See 19 knowledge that material injury is likely Circumstances CFR 351.206(c)(2)(ii). by reason of such imports. In its AGENCY: Import Administration, Legal Framework allegation, Petitioner included import International Trade Administration, Section 733(e)(1) of the Tariff Act of statistics for the four different Department of Commerce. 1930, as amended (‘‘Act’’), provides that harmonized tariff subheadings provided DATES: Effective Date: May 20, 2010. the Department, upon receipt of a timely in the scope of this investigation for the FOR FURTHER INFORMATION CONTACT: Paul allegation of critical circumstances, will period February 2009 through December Walker at (202) 482–0413, AD/CVD determine whether there is a reasonable 2009. See letter from Petitioner, Operations, Office 9, Import basis to believe or suspect that: (A)(i) regarding ‘‘Allegation of Critical Administration, International Trade There is a history of dumping and Circumstances,’’ dated April 15, 2010 Administration, U.S. Department of material injury by reason of dumped (‘‘Petitioner’s Allegation’’), at 3–4. Commerce, 14th Street and Constitution imports in the United States or Analysis Avenue, NW., Washington, DC 20230. elsewhere of the subject merchandise, or (ii) the person by whom, or for whose In determining whether the above Background account, the merchandise was imported statutory criteria have been satisfied in On March 12, 2010, the Department of knew or should have known that the this case, we examined: (1) The Commerce (‘‘Department’’) published in exporter was selling the subject evidence presented in Petitioner’s April the Federal Register its preliminary merchandise at less than its fair value 15, 2010, allegation; (2) evidence determination in the antidumping duty and that there was likely to be material obtained since the initiation of this investigation of certain magnesia carbon injury by reason of such sales; and, (B) investigation; and (3) the ITC’s bricks (‘‘bricks’’) from the People’s there have been massive imports of the preliminary injury determination. Republic of China (‘‘PRC’’). See Certain subject merchandise over a relatively History of Dumping Magnesia Carbon Bricks From the short period. People’s Republic of China: Preliminary Further, 19 CFR 351.206(h)(1) In determining whether a history of Determination of Sales at Less Than provides that, in determining whether dumping and material injury exists, the Fair Value, 75 FR 11847 (March 12, imports of the subject merchandise have Department generally has considered 2010) (‘‘Preliminary Determination’’). On been ‘‘massive,’’ the Department current or previous antidumping duty April 21, 2010, the Department normally will examine: (i) The volume orders on subject merchandise from the published in the Federal Register its and value of the imports; (ii) seasonal country in question in the United States amended preliminary determination in trends; and (iii) the share of domestic and current orders in any other the antidumping duty investigation of consumption accounted for by the country.2 In its April 15, 2010, bricks from the PRC. See Certain imports. In addition, 19 CFR submission, Petitioner made no { } Magnesia Carbon Bricks From the 351.206(h)(2) provides that, ‘‘ i n statement concerning a history of People’s Republic of China: Amended general, unless the imports during the dumping bricks from the PRC. However, Preliminary Determination of Sales at ‘relatively short period’ * * * have the ITC notes in its preliminary Less Than Fair Value, 75 FR 20813 increased by at least 15 percent over the determination that there are (April 21, 2010). imports during an immediately antidumping orders in the European On April 15, 2010, Petitioner 1 filed a preceding period of comparable Union and Turkey on bricks from the timely critical circumstances allegation, duration, the Secretary will not consider PRC, dated October 6, 2005 and pursuant to 19 CFR 351.206, alleging the imports massive.’’ 19 CFR 351.206(i) ‘‘ ’’ that critical circumstances exist with defines relatively short period 2 See, e.g., Certain Oil Country Tubular Goods respect to imports of the merchandise generally as the period starting on the From the People’s Republic of China: Notice of under consideration. On April 23, 2010, date the proceeding begins (i.e., the date Preliminary Determination of Sales at Less Than RHI Refractories Liaoning Co., Ltd the petition is filed) and ending at least Fair Value, Affirmative Preliminary Determination of Critical Circumstances and Postponement of (‘‘RHI’’), a mandatory respondent in this three months later. This section of the Final Determination, 74 FR 59117, 59119 investigation, submitted comments on regulations further provides that, if the (November. 17, 2009) (‘‘OCTG Prelim’’) unchanged Petitioner’s critical circumstances Department ‘‘finds that importers, or in Certain Oil Country Tubular Goods From the allegation. On April 27, 2010, RHI exporters or producers, had reason to People’s Republic of China: Final Determination of Sales at Less Than Fair Value, Affirmative Final submitted information on its exports believe, at some time prior to the Determination of Critical Circumstances and Final beginning of the proceeding, that a Determination of Targeted Dumping, 75 FR 20335 1 Resco Products, Inc. proceeding was likely,’’ then the (April19, 2010).

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September 1, 2007, respectively.3 There importer knowledge that material injury importers, exporters, or producers knew is no evidence on the record that these is likely by reason of such imports.5 or should have known an antidumping orders are not still in place. Therefore, Here, the ITC found that that ‘‘there is duty investigation was likely, and the Department finds that there is a a reasonable indication that an industry therefore July falls within the base history of injurious dumping of the in the United States is materially period. merchandise under consideration from injured, or threatened with material A. RHI the PRC pursuant to section injury by reason of imports from China 733(e)(1)(A)(i) of the Act. and Mexico of certain magnesia carbon The Department requested monthly bricks. * * * ’’ 6 Therefore, the shipment information from RHI, a Imputed Knowledge of Injurious mandatory respondent in this Dumping Department preliminarily finds that there is a reasonable basis to believe or investigation. We determine that, based In determining whether an importer suspect that importers knew or should on a seven-month comparison period, knew or should have known that the have known that there was likely to be RHI’s imports were massive. exporter was selling subject material injury by reason of sales at Specifically, RHI’s import data show an merchandise at LTFV and that there was LTFV of subject merchandise from the increase of greater than 15 percent of likely to be material injury by reason of PRC. brick imports from the PRC from the such sales, the Department must rely on base to the comparison period.8 Thus, the facts before it at the time the Massive Imports Over a Relatively Short pursuant to 19 CFR 351.206(h), we determination is made. The Department Period determine that this increase, being generally bases its decision with respect Pursuant to 19 CFR 351.206(h)(2), the greater than 15 percent, shows that to knowledge on the margins calculated Department will not consider imports to imports in the comparison period were in the preliminary determination and be massive unless imports in the massive for RHI. the ITC’s preliminary injury comparison period have increased by at B. Mayerton determination. least 15 percent over imports in the base The Department normally considers period. The Department normally In this investigation, the Department margins of 25 percent or more for export considers a ‘‘relatively short period’’ as selected Mayerton and RHI as price sales and 15 percent or more for the period beginning on the date the mandatory respondents.9 After the constructed export price sales sufficient proceeding begins and ending at least Preliminary Determination, on April 1, to impute importer knowledge of sales 2010, Mayerton stated that it would no 4 three months later. See 19 CFR at LTFV. The Department preliminarily 351.206(i). For this reason, the longer participate in the instant determined margins of 130.96 percent Department normally compares the investigation. See letter from Mayerton, for the non-selected separate rate import volumes of the subject regarding ‘‘Withdrawal by Mayerton of applicants, 236.00 percent for the PRC- merchandise for at least three months Further Participation in the wide entity, 129.17 percent for RHI, and immediately preceding the filing of the Investigation,’’ dated April 1, 2010. 132.74 percent for Liaoning Mayerton petition (i.e., the ‘‘base period’’) to a Because Mayerton is no longer Refractories Co., Ltd. and Dalian comparable period of at least three participating in this investigation, we Mayerton Refractories Co., Ltd. months following the filing of the were unable to obtain shipment data (collectively, ‘‘Mayerton’’). Therefore, as petition (i.e., the ‘‘comparison period’’). from Mayerton for purposes of our we preliminarily determined margins Id. critical circumstances analysis, and greater than 25 percent for all producers In its April 15, 2010, allegation, thus, there is no verifiable information and exporters, we preliminarily find, Petitioner maintained that importers, on the record with respect to its export with respect to all producers and exporters, or foreign producers gained volumes. exporters, that there is a reasonable knowledge that this proceeding was Section 776(a)(2) of the Act provides basis to believe or suspect that possible when they filed the Petition on that, if an interested party or any other importers knew, or should have known, July 29, 2009. See Petitioner’s person (A) withholds information that that exporters were selling subject Allegation at 4. Petitioner also included has been requested by the administering merchandise at LTFV. in its allegation U.S. import data, which authority or the Commission under this In determining whether an importer used a five-month base period (March title, (B) fails to provide such knew or should have known that there 2009 through July 2009) and a five- information by the deadlines for was likely to be material injury caused month comparison period (August 2009 submission of the information or in the by reason of such imports, the through December 2009) in showing form and manner requested, subject to Department normally will look to the whether imports were massive. The subsections (c)(1) and (e) of section 782 preliminary injury determination of the Department, however, has used a seven- of the Act, (C) significantly impedes a ITC. If the ITC finds a reasonable month base and comparison period in proceeding under the Act, or (D) indication of present material injury to its analysis, the maximum amount of provides such information but the the relevant U.S. industry, the data which could be collected.7 information cannot be verified as Department will determine that a provided in section 782(i) of the Act, the reasonable basis exists to impute Based on the date the Petition was filed, i.e., July 29, 2009, the Department 8 See Memo to The File, from Dana Griffies, 3 See Certain Magnesia Carbon Bricks From China agrees with Petitioner that at this time Import Policy Analyst, through Scot T. Fullerton, and Mexico, Investigation Nos. 701–TA–468 and Program Manager, regarding ‘‘Investigation of 731–TA–1166–1167 (Preliminary), USITC 5 See Magnesium Metal CC Prelim, 70 FR at 5607. Magnesia Carbon Bricks From the People’s Republic Publication 4100 (September 2009), at VII–5. 6 See Investigation Nos. 701–TA–468 and 731– of China: Critical Circumstances Analysis,’’ dated 4 See, e.g., Affirmative Preliminary Determination TA–116667 (Preliminary) Certain Magnesia Carbon concurrently with this Memo (‘‘Critical of Critical Circumstances: Magnesium Metal From Bricks From China, 74 FR 49889 (September 29, Circumstances Memo’’). the People’s Republic of China, 70 FR 5606, 5607 2009). 9 See Memorandum to James C. Doyle, Director, (February 3, 2005) (‘‘Magnesium Metal CC Prelim’’), 7 See, e.g., Final Determination of Sales at Less Office IX, from Paul Walker, Senior Case Analyst, unchanged in Final Determination of Sales at Less Than Fair Value and Partial Affirmative through Scot Fullerton, Program Manager, Office IX; Than Fair Value and Affirmative Critical Determination of Critical Circumstances: Certain regarding ‘‘Antidumping Duty Investigation of Circumstances: Magnesium Metal From the People’s Polyester Staple Fiber From the People’s Republic Certain Magnesia Carbon Bricks From the People’s Republic of China, 70 FR 9037 (February 24, 2005). of China, 72 FR 19690, 19692 (April 19, 2007). Republic of China,’’ dated October 6, 2009.

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Department shall, subject to section form and manner requested, subject to after the deadline date for case briefs. 782(d) of the Act, use the facts subsections (c)(1) and (e) of section 782 See 19 CFR 351.309(c)(i) and (d). A list otherwise available in reaching the of the Act, (C) significantly impedes a of authorities used and an executive applicable determination under this proceeding under the Act, or (D) summary of issues should accompany title. Furthermore, section 776(b) of the provides such information but the any briefs submitted to the Department. Act provides that, if a party has failed information cannot be verified as This summary should be limited to five to act to the best of its ability, the provided in section 782(i) of the Act, the pages total, including footnotes. Department may apply an adverse Department shall, subject to section Suspension of Liquidation inference. 782(d) of the Act, use the facts Thus, for the purposes of critical otherwise available in reaching the With respect to the RHI, Mayerton, circumstances, we have applied adverse applicable determination under this the separate rate applicants and the facts available (‘‘AFA’’) to Mayerton in title. PRC-wide entity, in accordance with accordance with sections 776(a) and (b) Furthermore, section 776(b) of the Act section 733(e)(2)(A) of the Act, we will of the Act. Accordingly, as AFA we provides that, if a party has failed to act direct CBP to suspend liquidation of all preliminarily find that there were to the best of its ability, the Department unliquidated entries of bricks from the massive imports of merchandise from may apply an adverse inference. The PRC that were entered, or withdrawn Mayerton. PRC-wide entity did not respond to the from warehouse, for consumption on or after December 14, 2010, which is 90 C. Separate Rate Applicants Department’s request for information. Thus, we are using facts available, in days prior to March 12, 2010, the date As noted above, we requested seven accordance with section 776(a) of the of publication in the Federal Register of months of shipment information from Act, and, pursuant to section 776(b) of our Preliminary Determination in this RHI, a mandatory respondent in this the Act, we also find that AFA is investigation. investigation, and determined that RHI’s warranted because the PRC-wide entity This determination is published imports were massive. Because it has has not acted to the best of its ability in pursuant to section 733(f) of the Act and been the Department’s practice to not responding to the request for 19 CFR 351.206(c)(2)(ii). conduct its massive imports analysis of information. Accordingly, as AFA we Dated: May 13, 2010. separate rate companies based on the preliminarily find that there were Ronald K. Lorentzen, experience of investigated companies,10 massive imports of merchandise from Deputy Assistant Secretary for Import we did not request monthly shipment the PRC-wide entity.11 Administration. information from the separate rate [FR Doc. 2010–12144 Filed 5–19–10; 8:45 am] applicants. The Department has relied Critical Circumstances BILLING CODE 3510–DS–P upon RHI’s import data in determining Record evidence indicates that whether there have been massive importers of the merchandise under imports for the separate rate companies. consideration knew, or should have DEPARTMENT OF COMMERCE Accordingly, based on RHI’s import known, that exporters were selling the data, we find that imports in the post- merchandise at LTFV, and that there National Oceanic and Atmospheric petition period were massive for those was likely to be material injury by Administration companies because RHI’s import reason of such sales. In addition, record RIN 0648–XW51 volume is greater than 15 percent when evidence indicates that RHI, Mayerton, comparing the base period to the the separate rate applicants and the Marine Mammals; File No. 15537 comparison period. See Critical PRC-wide entity had massive imports Circumstances Memo. Thus, pursuant to during a relatively short period. AGENCY: National Marine Fisheries 19 CFR 351.206(h), we determine that Therefore, in accordance with section Service (NMFS), National Oceanic and this increase, being greater than 15 733(e)(1) of the Act, we preliminarily Atmospheric Administration (NOAA), percent, shows that imports in the find that there is reason to believe or Commerce. comparison period were massive for the suspect that critical circumstances exist ACTION: Notice; receipt of application. separate rate companies. for imports of subject merchandise from SUMMARY: Notice is hereby given that D. PRC-Wide Entity RHI, Mayerton, the separate rate Institute for Marine Mammal Studies applicants and the PRC-wide entity in (IMMS), P.O. Box 207, Gulfport, MS Because the PRC-wide entity did not this antidumping duty investigation. cooperate with the Department by not 39502 (Dr. Moby Solangi, Responsible responding to the Department’s ITC Notification Party), has applied in due form for a antidumping questionnaire, we were In accordance with section 733(f) of permit to obtain stranded, releasable unable to obtain shipment data from the the Act, we have notified the ITC of our California sea lions (Zalophus PRC-wide entity for purposes of our preliminary determination. californianus) from the National Marine critical circumstances analysis, and thus Mammal Stranding Response Program there is no verifiable information on the Public Comment for the purposes of public display. record with respect to its export As noted in the Preliminary DATES: Written or telefaxed comments volumes. Determination, case briefs or other must be received on or before June 21, Section 776(a)(2) of the Act provides written comments may be submitted to 2010. that, if an interested party or any other the Assistant Secretary for Import ADDRESSES: The application and related person (A) withholds information that Administration no later than seven documents are available for review has been requested by the administering business days after the date on which upon written request or by appointment authority or the Commission under this the final verification report is issued in in the following offices: title, (B) fails to provide such this proceeding. Rebuttal briefs limited Permits, Conservation and Education information by the deadlines for to issues raised in case briefs must be Division, Office of Protected Resources, submission of the information or in the received no later than five business days NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone 10 See, e.g., OCTG, 74 FR at 59121. 11 See OCTG, 74 FR at 59121. (301) 713–2289; fax (301) 713–0376; and

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Southeast Region, NMFS, 263 13th application to the Marine Mammal CONTACT PERSON FOR MORE INFORMATION: Avenue South, Saint Petersburg, FL Commission and its Committee of Todd A. Stevenson, Office of the 33701; phone (727) 824–5312; fax (727) Scientific Advisors. Secretary, U.S. Consumer Product 824–5309. Dated: May 14, 2010. Safety Commission, 4330 East West Written comments on this application Highway, Bethesda, MD 20814 (301) P. Michael Payne, should be submitted to the Chief, 504–7923. Permits, Conservation and Education Chief, Permits, Conservation and Education Division, Office of Protected Resources, Dated: May 14, 2010. Division, at the address listed above. National Marine Fisheries Service. Todd A. Stevenson, Comments may also be submitted by [FR Doc. 2010–12123 Filed 5–19–10; 8:45 am] Secretary. facsimile to (301) 713–0376, or by email to [email protected]. BILLING CODE 3510–22–S [FR Doc. 2010–12279 Filed 5–18–10; 4:15 pm] Please include the File No. in the BILLING CODE 6355–01–P subject line of the email comment. CONSUMER PRODUCT SAFETY FOR FURTHER INFORMATION CONTACT: COMMISSION DEPARTMENT OF DEFENSE Jennifer Skidmore or Amy Sloan, (301) 713–2289. Sunshine Act Meetings Office of the Secretary SUPPLEMENTARY INFORMATION: The subject permit is requested under the TIME AND DATE: Wednesday, May 26, [Docket ID: DOD–2010–OS–0065] authority of the Marine Mammal 2010, 9 a.m.–11 a.m. Privacy Act of 1974; System of Protection Act of 1972, as amended (16 PLACE: Hearing Room 420, Bethesda Records U.S.C. 1361 et seq.), and the regulations Towers, 4330 East West Highway, governing the taking and importing of Bethesda, Maryland. AGENCY: Office of the Secretary, DoD. marine mammals (50 CFR part 216). STATUS: Commission Meeting—Open to ACTION: Notice to alter a system of The applicant is requesting a permit the Public. records. to take releasable stranded California MATTERS TO BE CONSIDERED: SUMMARY: The Office of the Secretary of sea lions (two males and six females) 1. Pending Decisional Matters: (a) from west coast stranding facilities for Defense proposes to alter a system of Baby Walkers Final Rule; and (b) records in its inventory of record public display purposes. IMMS is the Revocation of the Ban of Certain Baby only marine mammal public display systems subject to the Privacy Act of Walkers. 1974 (5 U.S.C. 552a), as amended. facility in the states of Mississippi and A live webcast of the Meeting can be Alabama. The receiving facility, IMMS DATES: This proposed action would be viewed at http://www.cpsc.gov/webcast. effective without further notice on June is: (1) open to the public on regularly For a recorded message containing the scheduled basis with access that is not 21, 2010, unless comments are received latest agenda information, call (301) which result in a contrary limited or restricted other than by 504–7948. charging for an admission fee; (2) offers determination. CONTACT PERSON FOR MORE INFORMATION: an educational program that is ADDRESSES: You may submit comments, Todd A. Stevenson, Office of the consistent with professional recognized identified by docket number and title, Secretary, U.S. Consumer Product standards of informal education in by any of the following methods: Safety Commission, 4330 East West aquaria and zoos across America, * Federal Rulemaking Portal: http:// Highway, Bethesda, MD 20814, (301) including the Association of Zoos and www.regulations.gov. Follow the 504–7923. Aquariums; and (3) holds an Exhibitor’s instructions for submitting comments. License, number 65–C–0540, issued by Dated: May 14, 2010. * Mail: Federal Docket Management the U.S. Department of Agriculture Todd A. Stevenson, System Office, 1160 Defense Pentagon, under the Animal Welfare Act (7 U.S.C. Secretary. Washington, DC 20301–1160. §§ 2131-59). IMMS will also consider [FR Doc. 2010–12278 Filed 5–18–10; 4:15 pm] Instructions: All submissions received must include the agency name and non-releasable sea lions and each BILLING CODE 6355–01–P animal will be evaluated on a case by docket number for this Federal Register case basis. The permit is requested for document. The general policy for five years. CONSUMER PRODUCT SAFETY comments and other submissions from In addition to determining whether COMMISSION members of the public is to make these the applicant meets the three public submissions available for public display criteria, NMFS must determine Sunshine Act Meetings viewing on the Internet at http:// whether the applicant has demonstrated www.regulations.gov as they are that the proposed activity is humane TIME AND DATE: Wednesday, May 26, received without change, including any and does not represent any unnecessary 2010; 2 p.m.–4 p.m. personal identifiers or contact risks to the health and welfare of marine PLACE: Hearing Room 420, Bethesda information. mammals; that the proposed activity by Towers, 4330 East West Highway, FOR FURTHER INFORMATION CONTACT: Ms. itself, or in combination with other Bethesda, Maryland. Cindy Allard at (703) 588–6830. activities, will not likely have a STATUS: Closed to the public. SUPPLEMENTARY INFORMATION: The Office significant adverse impact on the MATTERS TO BE CONSIDERED: of the Secretary of Defense notices for species or stock; and that the applicant’s systems of records subject to the Privacy expertise, facilities and resources are Compliance Status Report Act of 1974 (5 U.S.C. 552a), as amended, adequate to accomplish successfully the The Commission staff will brief the have been published in the Federal objectives and activities stated in the Commission on the status of compliance Register and are available from the application. matters. Chief, OSD/JS Privacy Office, Freedom Concurrent with the publication of For a recorded message containing the of Information Directorate, Washington this notice in the Federal Register, latest agenda information, call (301) Headquarters Services, 1155 Defense NMFS is forwarding copies of this 504–7948. Pentagon, Washington DC 20301–1155.

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The proposed system report, as Procedures for the Uniformed Services RECORD ACCESS PROCEDURES: required by 5 U.S.C. 552a(r) of the University of the Health Sciences; and Delete entry and replace with Privacy Act of 1974, as amended, was E.O. 9397 (SSN), as amended.’’ ‘‘Individuals seeking access to submitted on May 10, 2010, to the information about themselves contained House Committee on Oversight and PURPOSE(S): in this system should address written Government Reform, the Senate Delete entry and replace with ‘‘To inquiries to TRICARE Management Committee on Governmental Affairs, allow the Uniformed Services Activity ATTN: Freedom of Information and the Office of Management and University of the Health Sciences to Service Center, 16401 Centretech Budget (OMB) pursuant to paragraph 4c review admission applications and Parkway, Aurora, CO 80011–9066. of Appendix I to OMB Circular No. A– select students. Also used as a The request should contain the full 130, ‘‘Federal Agency Responsibilities management tool for statistical analysis, name, address and the signature of for Maintaining Records About tracking, reporting, evaluating program individual as well as the name and Individuals,’’ dated February 8, 1996 effectiveness and conducting research.’’ number of the system of records notice.’’ (February 20, 1996; 61 FR 6427). * * * * * CONTESTING RECORD PROCEDURES: Dated: May 17, 2010. POLICIES AND PRACTICES FOR STORING, Delete entry and replace with ‘‘The Mitchell S. Bryman, RETRIEVING, ACCESSING, RETAINING, AND Office of the Secretary of Defense rules Alternate OSD Federal Register Liaison DISPOSING OF RECORDS IN THE SYSTEM: for accessing records, for contesting Officer, Department of Defense. STORAGE: contents and appealing initial agency determinations are published in Office WUSU 04 ‘‘ Delete entry and replace with Paper of the Secretary of Defense SYSTEM NAME: file folders and electronic storage Administrative Instruction 81; 32 CFR ’’ Uniformed Services University of the media. part 311; or may be obtained from the Health Sciences (USUHS) Applicant RETRIEVABILITY: system manager.’’ Record System (February 22, 1993; 58 FR 10920). Delete entry and replace with RECORD SOURCE CATEGORIES: ‘‘Individual name and Social Security Delete entry and replace with ‘‘The CHANGES: Number (SSN).’’ applicants and by admission personnel.’’ SYSTEM NAME: SAFEGUARDS: * * * * * Delete entry and replace with ‘‘Applicant Record System.’’ Delete entry and replace with ‘‘Paper WUSU 04 records are maintained in a controlled SYSTEM LOCATION: facility. Entry is limited to authorized SYSTEM NAME: Delete entry and replace with personnel. Access to electronic records Applicant Record System. ‘‘Uniformed Services University of the require two-factor authentication SYSTEM LOCATION: Health Sciences, Admissions Office, including Common Access Cards and 4301 Jones Bridge Road, Bethesda, MD passwords. Passwords are changed Uniformed Services University of the 20814–4799.’’ periodically.’’ Health Sciences, Admissions Office, 4301 Jones Bridge Road, Bethesda, MD CATEGORIES OF INDIVIDUALS COVERED BY THE RETENTION AND DISPOSAL: 20814–4799. SYSTEM: Delete entry and replace with Delete entry and replace with CATEGORIES OF INDIVIDUALS COVERED BY THE ‘‘Records of accepted applicants will be SYSTEM: ‘‘Individual’s applying for admission to converted to student records. For non- the University.’’ Individual’s applying for admission to matriculates, records are cut off at the the University. CATEGORIES OF RECORDS IN THE SYSTEM: end of the school year (May); and Delete entry and replace with destroyed after three (3) years.’’ CATEGORIES OF RECORDS IN THE SYSTEM: ‘‘ Identity information that includes Identity information that includes SYSTEM MANAGER(S) AND ADDRESS: Social Security Number (SSN), name, Social Security Number (SSN), name, sex, race/ethnicity, address, birth date, Delete entry and replace with sex, race/ethnicity, address, birth date, and citizenship; academic and ‘‘Associate Dean for Recruitment and and citizenship; academic and background data consisting of: (1) Admissions, Uniformed Services background data consisting of: (1) Official transcripts of all undergraduate University of the Health Sciences, 4301 Official transcripts of all undergraduate and graduate education, (2) Medical Jones Bridge Road, Bethesda, MD and graduate education, (2) Medical College Admission Test scores and 20814–4799.’’ College Admission Test scores and percentiles, (3) information regarding percentiles, (3) information regarding NOTIFICATION PROCEDURE: work experience, socio-economic work experience, socio-economic background, extracurricular Delete entry and replace with background, extracurricular involvement in college, honors and ‘‘Individuals seeking to determine involvement in college, honors and awards achieved, and professional and/ whether information about themselves awards achieved, and professional and/ or societal contributions, letters of is contained in this system should or societal contributions, letters of reference, biographies, personal address written inquiries to the reference, biographies, personal statements (autobiographical in nature), Associate Dean for Recruitment and statements (autobiographical in nature), service preference statement, and health Admissions, Uniformed Services service preference statement, and health data.’’ University of the Health Sciences, 4301 data. Jones Bridge Road, Bethesda, MD AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 20814–4799. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with ‘‘10 The request should contain the full 10 U.S.C. 2114 (Students; Selection; U.S.C. 2114 (Students; Selection; Status; name, address and the signature of the Status; Obligation); DoDI 6010.20 Obligation); DoDI 6010.20 Admission individual.’’ Admission Procedures for the

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Uniformed Services University of the University of the Health Sciences, 4301 • Mail: Federal Docket Management Health Sciences; and E.O. 9397 (SSN), Jones Bridge Road, Bethesda, MD System Office, 1160 Defense Pentagon, as amended. 20814–4799. Washington, DC 20301–1160. The request should contain the full Instructions: All submissions received PURPOSE(S): name, address and the signature of the must include the agency name and To allow the Uniformed Services individual. docket number for this Federal Register University of the Health Sciences to document. The general policy for review admission applications and RECORD ACCESS PROCEDURES: comments and other submissions from select students. Also used as a Individuals seeking access to members of the public is to make these management tool for statistical analysis, information about themselves contained submissions available for public tracking, reporting, evaluating program in this system should address written viewing on the Internet at http:// effectiveness and conducting research. inquiries to TRICARE Management www.regulations.gov as they are Activity ATTN: Freedom of Information received without change, including any ROUTINE USES OF RECORDS MAINTAINED IN THE Service Center, 16401 Centretech personal identifiers or contact SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Parkway, Aurora, CO 80011–9066. information. The request should contain the full In addition to those disclosures FOR FURTHER INFORMATION CONTACT: Ms. name, address and the signature of generally permitted under 5 U.S.C. Jody Sinkler at (703) 767–5045. individual as well as the name and 552a(b) of the Privacy Act of 1974, these SUPPLEMENTARY INFORMATION: The number of the system of records notice. records may specifically be disclosed Defense Logistics Agency’s system of outside the DoD as a routine use CONTESTING RECORD PROCEDURES: record notices subject to the Privacy Act pursuant to 5 U.S.C. 552a(b)(3) as The Office of the Secretary of Defense of 1974 (5 U.S.C. 552a), as amended, follows: rules for accessing records, for have been published in the Federal The DoD ‘Blanket Routine Uses’ set contesting contents and appealing Register and are available from the forth at the beginning of the Office of initial agency determinations are Privacy Act Officer, Headquarters the Secretary of Defense compilation of published in Office of the Secretary of Defense Logistics Agency, ATTN: DGA, systems of records notices apply to this Defense Administrative Instruction 81; 8725 John J. Kingman Road, Suite 1644, system. 32 CFR part 311; or may be obtained Fort Belvoir, VA 22060–6221. The specific changes to the record from the system manager. POLICIES AND PRACTICES FOR STORING, system being amended are set forth RETRIEVING, ACCESSING, RETAINING, AND RECORD SOURCE CATEGORIES: below followed by the notice, as DISPOSING OF RECORDS IN THE SYSTEM: The applicants and by admission amended, published in its entirety. The STORAGE: personnel. proposed amendment is not within the Paper file folders and electronic purview of subsection (r) of the Privacy storage media. EXEMPTIONS CLAIMED FOR THE SYSTEM: Act of 1974 (5 U.S.C. 552a), as amended, None. which requires the submission of new RETRIEVABILITY: [FR Doc. 2010–12096 Filed 5–19–10; 8:45 am] or altered systems reports. Individual name and Social Security BILLING CODE 5001–06–P Dated: May 17, 2010. Number (SSN). Mitchell S. Bryman, SAFEGUARDS: Alternate OSD Federal Register Liaison DEPARTMENT OF DEFENSE Paper records are maintained in a Officer, Department of Defense. controlled facility. Entry is limited to Office of the Secretary S380.50 CAHS authorized personnel. Access to SYSTEM NAME: electronic records require two-factor [Docket ID: DOD–2010–OS–0066] authentication including Common DLA Drug-Free Workplace Program Access Cards and passwords. Passwords Privacy Act of 1974; System of Records (August 27, 1999; 64 FR 46889). are changed periodically. Records CHANGES: RETENTION AND DISPOSAL: AGENCY: Defense Logistics Agency, DoD. SYSTEM IDENTIFIER: Records of accepted applicants will be ACTION: Notice to amend a system of Delete entry and replace with converted to student records. For non- records. ‘‘S380.50.’’ matriculates, records are cut off at the * * * * * end of the school year (May); and SUMMARY: The Defense Logistics Agency destroyed after three (3) years. is proposing to amend a system of SYSTEM LOCATION: records notice in its existing inventory Delete entry and replace with SYSTEM MANAGER(S) AND ADDRESS: of record systems subject to the Privacy ‘‘Defense Logistics Agency (DLA) Associate Dean for Recruitment and Act of 1974 (5 U.S.C. 552a), as amended. Human Resources Center–P (DHRC–P), Admissions, Uniformed Services DATES: The proposed action will be 8725 John J. Kingman Road, Fort University of the Health Sciences, 4301 effective without further notice on June Belvoir, VA 22060–6220. Jones Bridge Road, Bethesda, MD 21, 2010 unless comments are received Defense Logistics Agency, Human 20814–4799. which would result in a contrary Resources Center–Columbus (DHRC–C), determination. 3990 East Broad Street, Building 11, NOTIFICATION PROCEDURE: Columbus, OH 43213–5000. Individuals seeking to determine ADDRESSES: You may submit comments, Defense Logistics Agency, Human whether information about themselves identified by docket number and title, Resources Center–New Cumberland is contained in this system should by any of the following methods: (DHRC–N), 2001 Mission Drive, Suite 3, address written inquiries to the • Federal Rulemaking Portal: http:// New Cumberland, PA 17070–5042. Associate Dean for Recruitment and www.regulations.gov. Follow the Defense Logistics Agency, Human Admissions, Uniformed Services instructions for submitting comments. Resource Center–Department of Defense

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(DHRC–D), 3990 East Broad Street, CONTESTING RECORD PROCEDURES: PURPOSE(S): Building 11, Columbus, OH 43213– Delete entry and replace with ‘‘The The system is established to maintain 5000. DLA rules for accessing records, for records relating to the selection and Offices of contractors who provide contesting contents, and appealing testing of DLA employees and collection, laboratory analysis, and initial agency determinations are applicants for DLA employment for use medical review services. Contact system contained in 32 CFR part 323, or may of illegal drugs. The records will manager for mailing addresses of be obtained from the Privacy Office, provide the basis for taking appropriate contractors.’’ Headquarters, Defense Logistics Agency, action in reference to employees who * * * * * ATTN: DGA, 8725 John J. Kingman test positive for use of illegal drugs. Road, Suite 1644, Fort Belvoir, VA Records may be used by authorized AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 22060–6221.’’ contractors for the collection process; Delete entry and replace with ‘‘E.O. * * * * * assigned Medical Review Officials; the 12564, Drug-Free Federal Workplace; Administrator of any Employee Public Law 100–71, Section 503, The S380.50 Assistance Program in which the Drug Testing Workplace Act; 42 U.S.C. employee is receiving counseling or SYSTEM NAME: 290dd–2, Confidentiality of records; 5 treatment or is otherwise participating; U.S.C. 7301, Presidential regulations; DLA Drug-Free Workplace Program and agency supervisory or management and E.O. 9397 (SSN), as amended.’’ Records. officials having authority to take adverse * * * * * personnel action against such an SYSTEM LOCATION: employee when test results are positive. RETRIEVABILITY: Defense Logistics Agency (DLA), ROUTINE USES OF RECORDS MAINTAINED IN THE Delete entry and replace with Human Resources Center–P (DHRC–P), 8725 John J. Kingman Road, Fort SYSTEM, INCLUDING CATEGORIES OF USERS AND ‘‘Records are retrieved by name of THE PURPOSES OF THE USES: activity, name of employee or applicant, Belvoir, VA 22060–6220. In order to comply with provisions of position title, position description Defense Logistics Agency, Human 5 U.S.C. 7301, the DoD ‘‘Blanket Routine number, last 4 or 5 numbers of the Resources Center–Columbus (DHRC–C), Uses’’ do not apply to this system of Social Security Number (SSN).’’ 3990 East Broad Street, Building 11, records. * * * * * Columbus, OH 43213–5000. Defense Logistics Agency, Human Records may be disclosed to a court of competent jurisdiction when required SYSTEM MANAGER(S) AND ADDRESS: Resources Center–New Cumberland by the United States Government to Delete entry and replace with ‘‘Human (DHRC–N), 2001 Mission Drive, Suite 3, New Cumberland, PA 17070–5042. defend against a challenge to related Resources Specialist, Defense Logistics adverse personnel action. Agency, Human Resources Office, Defense Logistics Agency, Human ATTN: DHRC–P, 8725 John J. Kingman Resource Center–Department of Defense POLICIES AND PRACTICES FOR STORING, Road, Suite 3516, Fort Belvoir, VA (DHRC–D), 3990 East Broad Street, RETRIEVING, ACCESSING, RETAINING, AND 22060–6221.’’ Building 11, Columbus, OH 43213– DISPOSING OF RECORDS IN THE SYSTEM: 5000. STORAGE: NOTIFICATION PROCEDURE: Offices of contractors who provide Records may be stored on paper and Delete entry and replace with collection, laboratory analysis, and on electronic storage media. ‘‘Individuals seeking to determine medical review services. Contact system whether information about themselves manager for mailing addresses of RETRIEVABILITY: is contained in this system of records contractors. Records are retrieved by name of should address written inquiries to the activity, name of employee or applicant, Privacy Office, Headquarters, Defense CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: position title, position description Logistics Agency, ATTN: DGA, 8725 number, last 4 or 5 numbers of the John J. Kingman Road, Suite 1644, Fort DLA employees, individuals who Social Security Number (SSN). Belvoir, VA 22060–6221. have applied to DLA for employment Written inquiries must include the and individuals who are provided SAFEGUARDS: individual’s name; last 4 or 5 numbers personnel support by DLA. Records are maintained in areas of the Social Security Number (SSN); accessible only to DLA personnel who CATEGORIES OF RECORDS IN THE SYSTEM: approximate date of record activity and must use the records to perform their position title.’’ Records relating to program duties. The computer files are password implementation and administration, protected with access restricted to RECORD ACCESS PROCEDURES: including selection, notification, and authorized users. Records are secured in Delete entry and replace with testing of individuals; collection and locked or guarded buildings, locked ‘‘Individuals seeking access to chain of custody documents; urine offices, or locked cabinets during non information about themselves contained specimens and drug test results; consent duty hours. in this system of records should address forms; rebuttal correspondence; and written inquiries to the Privacy Office, similar records. RETENTION AND DISPOSAL: Headquarters, Defense Logistics Agency, Records relating to test selection, ATTN: DGA, 8725 John J. Kingman AUTHORITY FOR MAINTENANCE OF THE SYSTEM: scheduling, collection, handling, and Road, Suite 1644, Fort Belvoir, VA E.O. 12564, Drug-Free Federal results will be destroyed when 3 years 22060–6221. Workplace; Public Law 100–71, Section old; records relating to individual Written inquiries must include the 503, The Drug Testing Workplace Act; notification and acknowledgment will individual’s name; last 4 or 5 numbers 42 U.S.C. 290dd–2, Confidentiality of be destroyed when the individual of the Social Security Number (SSN); records; 5 U.S.C. 7301, Presidential separates from the testing designated approximate date of record; activity and regulations; and E.O. 9397 (SSN), as position. Records relevant to litigation position title.’’ amended. or disciplinary actions should be

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disposed of no earlier than the related DEPARTMENT OF EDUCATION Dated: May 14, 2010. litigation or adverse action case file(s). Kate Mullan, Submission for OMB Review; Acting Director, Information Collection SYSTEM MANAGER(S) AND ADDRESS: Comment Request Clearance Division, Regulatory Information Management Services, Office of Management. Human Resources Specialist, Defense AGENCY: Department of Education. Logistics Agency Human Resources Office of Vocational and Adult Office, ATTN: DHRC–P, 8725 John J. SUMMARY: The Acting Director, Education Kingman Road, Suite 3516, Fort Belvoir, Information Collection Clearance Type of Review: New. VA 22060–6221. Division, Regulatory Information Title: Native American Career and Management Services, Office of Technical Education Program NOTIFICATION PROCEDURE: Management invites comments on the (NACTEP). Individuals seeking to determine submission for OMB review as required Frequency: Semi-Annually; Annually. whether information about themselves by the Paperwork Reduction Act of Affected Public: Federal Government. is contained in this system of records 1995. State, Local, or Tribal Gov’t, SEAs or should address written inquiries to the LEAs. DATES: Interested persons are invited to Privacy Office, Headquarters, Defense Reporting and Recordkeeping Hour submit comments on or before June 21, Logistics Agency, ATTN: DGA, 8725 Burden: 2010. John J. Kingman Road, Suite 1644, Fort Responses: 30. Burden Hours: 1,200. Belvoir, VA 22060–6221. ADDRESSES: Written comments should Abstract: The Native American Career be addressed to the Office of Written inquiries must include the and Technical Education Program individual’s name; last 4 or 5 numbers Information and Regulatory Affairs, (NACTEP) is requesting approval to of the Social Security Number (SSN); Attention: Education Desk Officer, collect semi-annual, annual/ approximate date of record activity and Office of Management and Budget, 725 continuation reports, and final position title. 17th Street, NW., Room 10222, New performance reports from currently Executive Office Building, Washington, funded NACTEP grantees. This RECORD ACCESS PROCEDURES: DC 20503, be faxed to (202) 395–5806 or information is necessary to (1) manage Individuals seeking access to e-mailed to and monitor the current NACTEP _ information about themselves contained oira [email protected] with a grantees, and (2) award continuation in this system of records should address cc: to [email protected]. grants for years four and five of the grantees’ performance periods. The written inquiries to the Privacy Office, SUPPLEMENTARY INFORMATION: Section continuation performance reports will Headquarters, Defense Logistics Agency, 3506 of the Paperwork Reduction Act of include budgets, performance/statistical ATTN: DGA, 8725 John J. Kingman 1995 (44 U.S.C. Chapter 35) requires reports, Government Performance and Road, Suite 1644, Fort Belvoir, VA that the Office of Management and 22060–6221. Results Act (GPRA) reports, and Budget (OMB) provide interested Written inquiries must include the evaluation reports. The data, collected Federal agencies and the public an early from the performance reports, will be individual’s name; last 4 or 5 numbers opportunity to comment on information of the Social Security Number (SSN); used to determine if the grantees collection requests. OMB may amend or successfully met their project goals and approximate date of record activity and waive the requirement for public position title. objectives, so that NACTEP staff can consultation to the extent that public award continuation grants. Final participation in the approval process CONTESTING RECORD PROCEDURES: performance reports are required to would defeat the purpose of the determine whether or not the grant can The DLA rules for accessing records, information collection, violate State or be closed our in compliance with the for contesting contents, and appealing Federal law, or substantially interfere grant’s requirements. initial agency determinations are with any agency’s ability to perform its Requests for copies of the information contained in 32 CFR part 323, or may statutory obligations. The Acting collection submission for OMB review be obtained from the Privacy Office, Director, Information Collection may be accessed from http:// Headquarters, Defense Logistics Agency, Clearance Division, Regulatory edicsweb.ed.gov, by selecting the ATTN: DGA, 8725 John J. Kingman Information Management Services, ‘‘Browse Pending Collections’’ link and Road, Suite 1644, Fort Belvoir, VA Office of Management, publishes that by clicking on link number 4244. When 22060–6221. notice containing proposed information you access the information collection, collection requests prior to submission click on ‘‘Download Attachments ’’ to RECORD SOURCE CATEGORIES: of these requests to OMB. Each view. Written requests for information Individual’s; agency employees proposed information collection, should be addressed to U.S. Department of Education, 400 Maryland Avenue, involved in the selection and grouped by office, contains the SW., LBJ, Washington, DC 20202–4537. notification of individuals to be tested; following: (1) Type of review requested, Requests may also be electronically laboratories that test urine specimens e.g. new, revision, extension, existing or mailed to the Internet address for the presence of illegal drugs; reinstatement; (2) Title; (3) Summary of physicians who review test results; and [email protected] or faxed to 202– the collection; (4) Description of the 401–0920. Please specify the complete supervisors, managers, and other need for, and proposed use of, the officials. title of the information collection when information; (5) Respondents and making your request. EXEMPTIONS CLAIMED FOR THE SYSTEM: frequency of collection; and (6) Comments regarding burden and/or Reporting and/or Recordkeeping the collection activity requirements None. burden. OMB invites public comment. should be electronically mailed to [FR Doc. 2010–12097 Filed 5–19–10; 8:45 am] [email protected]. Individuals who BILLING CODE 5001–06–P use a telecommunications device for the

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deaf (TDD) may call the Federal Reporting and/or Recordkeeping view. Written requests for information Information Relay Service (FIRS) at 1– burden. OMB invites public comment. should be addressed to U.S. Department 800–877–8339. Dated: May 17, 2010. of Education, 400 Maryland Avenue, [FR Doc. 2010–12061 Filed 5–19–10; 8:45 am] James Hyler, SW., LBJ, Washington, DC 20202–4537. BILLING CODE 4000–01–P Requests may also be electronically Acting Director, Information Collection Clearance Division, Regulatory Information mailed to the Internet address Management Services, Office of Management. [email protected] or faxed to 202– DEPARTMENT OF EDUCATION 401–0920. Please specify the complete Office of Special Education and title of the information collection when Submission for OMB Review; Rehabilitative Services making your request. Comment Request Type of Review: Revision. Comments regarding burden and/or the collection activity requirements AGENCY: Department of Education. Title: Part D Discretionary Grant Application-Individuals with should be electronically mailed to SUMMARY: The Acting Director, Disabilities Education Act. [email protected]. Individuals who Information Collection Clearance Frequency: Annually. use a telecommunications device for the Division, Regulatory Information Affected Public: Businesses or other deaf (TDD) may call the Federal Management Services, Office of for-profit; Not-for-profit institutions; Information Relay Service (FIRS) at 1– Management invites comments on the State, Local, or Tribal Gov’t, SEAs or 800–877–8339. submission for OMB review as required LEAs. [FR Doc. 2010–12086 Filed 5–19–10; 8:45 am] by the Paperwork Reduction Act of Reporting and Recordkeeping Hour BILLING CODE 4000–01–P 1995. Burden: DATES: Interested persons are invited to Responses: 800. submit comments on or before June 21, Burden Hours: 20,000. ENVIRONMENTAL PROTECTION 2010. Abstract: Under the Individuals with AGENCY Disabilities Education Act discretionary ADDRESSES: Written comments should [EPA–New England Region I—EPA–R01– grants are authorized to support be addressed to the Office of OW–2010–0318; FRL–9153–4] technology, State personnel Information and Regulatory Affairs, development, personnel preparation, Attention: Education Desk Officer, Massachusetts Marine Sanitation parent training and information, and Office of Management and Budget, 725 Device Standard—Receipt of Petition technical assistance activities. This 17th Street, NW., Room 10222, New grant application provides the forms AGENCY: Environmental Protection Executive Office Building, Washington, and information necessary for Agency (EPA). DC 20503, be faxed to (202) 395–5806 or applicants to submit an application for ACTION: Notice—Receipt of Petition. e-mailed to funding, and information for use by [email protected] with a technical reviewers to determine the SUMMARY: Notice is hereby given that a cc: to [email protected]. quality of the application. Note the petition has been received from the SUPPLEMENTARY INFORMATION: Section following changes: (1) Modified OMB Commonwealth of Massachusetts 3506 of the Paperwork Reduction Act of approved selection criteria for the requesting a determination by the 1995 (44 U.S.C. Chapter 35) requires Personnel Development to Improve Regional Administrator, U.S. that the Office of Management and Services and Results for Children with Environmental Protection Agency, that Budget (OMB) provide interested Disabilities program with EDGAR adequate facilities for the safe and Federal agencies and the public an early 75.210 selection criteria; (2) Modified sanitary removal and treatment of opportunity to comment on information OMB approved selection criteria for the sewage from all vessels are reasonably collection requests. OMB may amend or Training and Information for Parents of available for the waters of Gloucester, waive the requirement for public Children with Disabilities program with Rockport, Essex, Ipswich, Rowley, consultation to the extent that public EDGAR 75.210 selection criteria and Newbury, Newburyport, Salisbury, participation in the approval process redesignated/redisdtributed the [100] Amesbury, West Newbury, Merrimac, would defeat the purpose of the point value of the EDGAR selection Groveland, North Andover, Haverhill, information collection, violate State or criteria; and (3) Pages A–20, B–5, C–2, Methuen, and Lawrence, collectively Federal law, or substantially interfere and E–31 of the application includes termed the Upper North Shore for the with any agency’s ability to perform its track-changes to the application purpose of this notice. statutory obligations. The Acting package. DATES: ‘‘Comments must be submitted Director, Information Collection This information collection is being by June 21, 2010.’’ Clearance Division, Regulatory submitted under the Streamlined ADDRESSES: Submit your comments, Information Management Services, Clearance Process for Discretionary identified by Docket ID No. EPA–R01– Office of Management, publishes that Grant Information Collections (1894– OW–2010–0318, by one of the following notice containing proposed information 0001). Therefore, the 30-day public methods: collection requests prior to submission comment period notice will be the only • http://www.regulations.gov. Follow of these requests to OMB. Each public comment notice published for the on-line instructions for submitting proposed information collection, this information collection. comments. grouped by office, contains the Requests for copies of the information • E-mail: [email protected]. following: (1) Type of review requested, collection submission for OMB review • Fax: (617) 918–0538. e.g. new, revision, extension, existing or may be accessed from http:// Mail and hand delivery: U.S. reinstatement; (2) Title; (3) Summary of edicsweb.ed.gov, by selecting the Environmental Protection Agency—New the collection; (4) Description of the ‘‘Browse Pending Collections’’ link and England Region, Five Post Office need for, and proposed use of, the by clicking on link number 4296. When Square, Suite 100, OEP06–1, Boston, information; (5) Respondents and you access the information collection, MA 02109–3912. Deliveries are only frequency of collection; and (6) click on ‘‘Download Attachments ’’ to accepted during the Regional Office’s

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normal hours of operation (8 a.m.–5 name and other contact information in holidays. The telephone number is p.m., Monday through Friday, excluding the body of your comment and with any (617) 918–1538. legal holidays), and special disk or CD–ROM you submit. If EPA FOR FURTHER INFORMATION CONTACT: Ann arrangements should be made for cannot read your comment due to Rodney, U.S. Environmental Protection deliveries of boxed information. technical difficulties and cannot contact Agency—New England Region, Five Instructions: Direct your comments to you for clarification, EPA may not be Post Office Square, Suite 100, OEP06– Docket ID No. EPA–R01–OW–2010– able to consider your comment. 01, Boston, MA 02109–3912. Telephone: 0318. EPA’s policy is that all comments Electronic files should avoid the use of (617) 918–1538, Fax number: (617) 918– received will be included in the public special characters, any form of 0538; e-mail address: docket without change and may be encryption, and be free of any defects or [email protected]. made available online at http:// viruses. www.regulations.gov, including any Docket: All documents in the docket SUPPLEMENTARY INFORMATION: Notice is personal information provided, unless are listed in the http:// hereby given that a petition has been the comment includes information www.regulations.gov index. Although received from the Commonwealth of claimed to be Confidential Business listed in the index, some information is Massachusetts requesting a Information (CBI) or other information not publicly available, e.g., CBI or other determination by the Regional whose disclosure is restricted by statute. information whose disclosure is Administrator, U.S. Environmental Do not submit information that you restricted by statute. Certain other Protection Agency, pursuant to Section consider to be CBI or otherwise material, such as copyrighted material, 312(f)(3) of Public Law 92–500 as protected through http:// will be publicly available only in hard amended by Public Law 95–217 and www.regulations.gov, or e-mail. The copy. Publicly available docket Public Law 100–4, that adequate http://www.regulations.gov Web site is materials are available either facilities for the safe and sanitary an ‘‘anonymous access’’ system, which electronically in http:// removal and treatment of sewage from means EPA will not know your identity www.regulations.gov or in hard copy at all vessels are reasonably available for or contact information unless you the U.S. Environmental Protection the Upper North Shore area. provide it in the body of your comment. Agency—New England Region, Five The Upper North Shore No Discharge If you send an e-mail comment directly Post Office Square, Suite 100, OEP06– Area will encompass the coastal waters to EPA without going through http:// 01, Boston, MA 02109–3912. Such for the cities and towns of Gloucester, www.regulations.gov your e-mail deliveries are only accepted during the Rockport, Essex, Ipswich, Rowley, address will be automatically captured Regional Office’s normal hours of Newbury, Newburyport, Salisbury, and included as part of the comment operation, and special arrangements Amesbury, West Newbury, Merrimac, that is placed in the public docket and should be made for deliveries of boxed Groveland, North Andover, Haverhill, made available on the Internet. If you information. The Regional Office is Methuen, and Lawrence. submit an electronic comment, EPA open from 8 a.m.–5 p.m., Monday The proposed No Discharge Area for recommends that you include your through Friday, excluding legal the UPPER NORTH SHORE:

From Waterbody/general area longitude From latitude To longitude To latitude

The southern edge of the Upper North Shore NDA boundary is the 70°42′50″ W 42°34′21″ N 70°35′59″ W 42°33′02″ N Manchester/Gloucester municipal line at: The northern edge of the Upper North Shore NDA boundary is MA/ 70°48′47″ W 42°52′19″ N 70°43′57″ W 42°52′35″ N Seabrook, NH border at:

Waterbody/general area Longitude Latitude

On the Merrimack River, the inland edge of the NDA boundary is at the Essex Dam in Lawrence at: 71°09′58″ W 42°42′02″ N On the Parker River, the inland edge of the NDA boundary is at the MBTA bridge in Newbury at: 70°52′00″ W 42°45′20″ N On the Rowley River, the inland edge of the NDA boundary is at the MBTA bridge on the Rowley/Ipswich 70°51′28″ W 42°43′19″ N town line at: On the Ipswich River, the inland edge of the NDA boundary is at County Street in Ipswich at: 70°50′07″ W 42°40′44″ N On the Essex River, the inland edge of the NDA boundary is at Main Street in Essex at: 70°46′43″ W 42°37′55″ N The eastern edge of the boundary is contiguous with the state/federal line also known as the Submerged Lands Act boundary line and Territorial Sea boundary.

The boundaries were chosen based on contact information, hours of operation, Commonwealth as an Area of Critical easy line-of-sight locations and and water depth is provided at the end Environmental Concern (ACEC) with generally represent all navigational of this petition. 25,500 acres extending from Newbury to waters. Massachusetts has provided Gloucester. The Great Marsh comprises There are marinas, yacht clubs and documentation indicating that the total the largest salt marsh system (over public landings/piers in the proposed vessel population is estimated to be 10,000 acres) north of Long Island, New area with a combination of mooring 5,555 in the proposed area. It is York. The 2,900 acre Parker River fields and dock space for the estimated that 1525 of the total vessel National Wildlife Refuge, within the recreational and commercial vessels. population may have a Marine ACEC, is known as an important site on Massachusetts has certified that there Sanitation Device (MSD) of some type. the Atlantic fly-way migration route. are 13 pumpout facilities within the In the proposed area is the Great Over 300 species of birds have been proposed area available to the boating Marsh, one of the important natural sighted here, including 75 rare species. public. A list of the facilities, locations, resources designated by the

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Six species of shellfish are harvested The coastal area along the Upper area is a popular destination for boaters in the area, including soft-shell clams, North Shore of Massachusetts is due to its natural environmental surf clams, blue mussels, razor clams, important for the tourism and recreation diversity and would benefit from a No oysters, and ocean quahogs. In 2007 and industries of the region, including Discharge Area. 2008, two million pounds of shellfish Salisbury Beach State Reservation, were harvested in Greater Essex with a Sandy Point State Reservation, Halibut Pumpout Facilities Within Proposed No value of $2.5 million for the Point State Park, Maudslay State Park, Discharge Area communities of Gloucester, Essex, and and more than 25 marinas or boat yards Ipswich. are adjacent to the proposed NDA. This

UPPER NORTH SHORE

Name Location Contact info. Hours Mean low water depth

Gloucester Cape Ann Ma- 75 Essex Ave, Annisquam 978–283–3293 VHF 10 ..... 8am–4pm ...... 6 ft. rina. River. Gloucester Harbormaster .. 19 Harbor Loop ...... 978–282–3012 VHF 16 ..... On call ...... N/A. Rockport Harbormaster ..... 34 Broadway ...... 978–546–9589 VHF 9, 16 On call ...... N/A. Ipswich Harbormaster ...... 15 Elm Street, Plum Island 978–356–4343 VHF 9, 16 On call ...... N/A. Sound. Rowley Harbormaster ...... 497 Main Street ...... VHF 9 ...... Thur–Tue 10am–6pm ...... NA. Rowley Perley’s Marina ..... 109 Warehouse Lane ...... 978–948–2812 VHF 9, 16 Mon–Fri 8am–6pm; Sat–- 4 ft. Sun 8am–5pm. Newbury Riverfront Marina 292 High Road ...... 978–465–6090 VHF 9 ...... 8am–5pm (6pm weekend) 4 ft. Newburyport Cashman Merrimack River ...... 978 462–3746 VHF 12, 16 Self Service Memorial 6 ft. Park. Day/End of October. Newburyport Harbormaster 60 Pleasant Street ...... 978–462–3746 VHF 12, 16 Fri 1pm–5pm; Sat, Sun & N/A. Holidays 9am–5pm. Amesbury Marina at Hat- 60 Merrimac Street ...... 978–388–7333 VHF 9 ...... 8am–9pm ...... 4 ft. ter’s Point. West Newbury Merrimack River Town 978–363–1213 VHF 9, 16 On call 9am–5pm ...... NA. Harbormaster. Dock. Salisbury Harbormaster ..... Town Wharf ...... 978–499–0740 VHF 12 ..... On call ...... NA.

Dated: May 13, 2010. clarity of the information collected; (d) FOR FURTHER INFORMATION CONTACT: Ira W. Leighton, ways to minimize the burden of the Judith B. Herman, Office of Managing Acting Regional Administrator, New England collection of information on the Director, (202) 418–0214. For additional Region. respondents, including the use of information, contact Judith B. Herman, [FR Doc. 2010–12118 Filed 5–19–10; 8:45 am] automated collection techniques or OMD, 202–418–0214 or e-mail judith– BILLING CODE 6560–50–P other forms of information technology, [email protected]. and (e) ways to further reduce the SUPPLEMENTARY INFORMATION: information collection burden on small OMB Control Number: 3060–1139. business concerns with fewer than 25 Title: Residential Fixed Broadband FEDERAL COMMUNICATIONS employees. COMMISSION Services Testing and Measurement. The FCC may not conduct or sponsor Form No.: N/A. a collection of information unless it Type of Review: Extension of a Notice of Public Information displays a currently valid control Collection(s) Being Reviewed by the currently approved collection. number. No person shall be subject to Respondents: Individuals or Federal Communications Commission, any penalty for failing to comply with Comments Requested households. a collection of information subject to the Number of Respondents and May 13, 2010. Paperwork Reduction Act (PRA) that Responses: 11,000 respondents, 11,000 SUMMARY: The Federal Communications does not display a currently valid OMB responses. Commission, as part of its continuing control number. Estimated Time Per Response: 1 hour. effort to reduce paperwork burden DATES: Written Paperwork Reduction Frequency of Response: On occasion invites the general public and other Act (PRA) comments should be and biennial reporting requirements. Federal agencies to take this submitted on or before July 19, 2010. If Obligation to Respond: Voluntary. opportunity to comment on the you anticipate that you will be Statutory authorities for this following information collection(s), as submitting PRA comments, but find it information collection is contained in required by the Paperwork Reduction difficult to do so within the period of American Reinvestment and Recovery Act (PRA) of 1995, 44 U.S.C. 3501 – time allowed by this notice, you should Act (ARRA) of 2009, Public Law No. 3520. Comments are requested advise the FCC contact listed below as 111–5 and the Broadband Data concerning: (a) Whether the proposed soon as possible. Improvement Act, Public Law No. 110– collection of information is necessary ADDRESSES: Direct all PRA comments to 385. for the proper performance of the Nicholas A. Fraser, Office of Total Annual Burden: 11,000 hours. functions of the Commission, including Management and Budget, via fax at 202– Total Annual Cost: N/A. whether the information shall have 395–5167 or via the Internet at Privacy Act Impact Assessment: Yes. practical utility; (b) the accuracy of the [email protected] and However, no personally identifiable Commission’s burden estimate; (c) ways to the Federal Communications information (PII) will be transmitted to to enhance the quality, utility, and Commission via email to [email protected]. the Commission from the survey

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contract vendor as a matter of vendor Federal Communications Commission. [email protected] and policy. SamKnows, Inc. maintains a Marlene H. Dortch, to the Federal Communications series of administrative, technical and Secretary, Commission via e-mail to [email protected] physical safeguards to protect against Office of the Secretary, and [email protected]. the transmission of personally Office of Managing Director. FOR FURTHER INFORMATION CONTACT: For identifying information. At point of [FR Doc. 2010–12078 Filed 5–19–10; 8:45 am] additional information, contact Cathy registrations, individuals will be given Williams on (202) 418–2918. full disclosure, highlighting what BILLING CODE 6712–01–S information will be collected, and SUPPLEMENTARY INFORMATION: importantly, what information will not FEDERAL COMMUNICATIONS OMB Control Number: 3060–0500. be collected. COMMISSION Title: Section 76.1713, Resolution of Nature and Extent of Confidentiality: Complaints. Yes. See Privacy Act Impact Assessment Notice of Public Information Collection Form Number: N/A. above. Being Reviewed by the Federal Communications Commission, Type of Review: Extension of a Needs and Uses: The Commission Comments Requested currently approved collection. submitted this information collection to Respondents: Business or other for– the Office of Management and Budget May 14, 2010. profit entities. SUMMARY: The Federal Communications (OMB) on April 2, 2010 under the Number of Respondents and emergency processing provisions of 5 Commission, as part of its continuing effort to reduce paperwork burden Responses: 10,750 respondents and CFR 1320.13. The Commission obtained 21,500 responses. OMB approval on 4/30/2010. invites the general public and other Estimated Hours per Response: 1 – 17 Emergency OMB approvals are only Federal agencies to take this hours. granted for six months. Therefore the opportunity to comment on the Commission is now seeking the full following information collection, as Frequency of Response: required by the Paperwork Reduction three year clearance for this information Recordkeeping requirement; Annual Act (PRA) of 1995, 44 U.S.C. 3501 – collection. reporting requirement; Third party 3520. Comments are requested disclosure requirement. There is no change in the concerning: (a) Whether the proposed Total Annual Burden: 193,500 hours. Commission’ estimated burden. There is collection of information is necessary no change in the reporting for the proper performance of the Total Annual Cost: None. requirements. functions of the Commission, including Obligation to Respond: Required to The Commission’s Office of Strategic whether the information shall have obtain or retain benefits. The statutory Policy and Planning Analysis and the practical utility; (b) the accuracy of the authority for this information collection Consumer and Intergovernmental Commission’s burden estimate; (c) ways is contained in Sections 4(i), 303 and 308 of the Communications Act of 1934, Affairs Bureau plan to conduct a to enhance the quality, utility, and as amended. hardware–based test and analysis of clarity of the information collected; (d) ways to minimize the burden of the 11,000 consumer broadband Nature and Extend of Confidentiality: collection of information on the connections to examine the performance No need for confidentiality required respondents, including the use of with this collection of information. of services across a number of automated collection techniques or Privacy Impact Assessment: No parameters. This survey is crucial to other forms of information technology, impact(s). comparing what consumers know – and and (e) ways to further reduce the need to know – about the speeds and information collection burden on small Needs and Uses: 47 CFR 76.1713 performance, and terms and conditions business concerns with fewer than 25 states cable system operators shall of broadband and related services to employees. establish a process for resolving services purchased. The FCC may not conduct or sponsor complaints from subscribers about the The Commission has contracted with a collection of information unless it quality of the television signal SamKnows, Inc. to measure the speeds displays a currently valid control delivered. Aggregate data based upon and performance of a representative, number. No person shall be subject to these complaints shall be made available for inspection by the cost–effective, statistically relevant any penalty for failing to comply with Commission and franchising authorities, sample of US fixed broadband a collection of information subject to the Paperwork Reduction Act (PRA) that upon request. These records shall be households across geographies, maintained for at least a one–year technologies and providers. This does not display a currently valid OMB control number. period. Prior to being referred to the measurement will occur on an opt–in, DATES: Written Paperwork Reduction Commission, complaints from voluntary basis. This representative subscribers about the quality of the sample will be used to create a baseline Act (PRA) comments should be submitted on or before July 19, 2010. If television signal delivered must be level of performance and measurements you anticipate that you will be referred to the local franchising for the FCC. The third party submitting PRA comments, but find it authority and the cable system operator. measurement contractor will deploy difficult to do so within the period of Federal Communications Commission. testing devices to begin measurement, time allowed by this notice, you should and these results will be then used to Marlene H. Dortch, advise the FCC contact listed below as Secretary, inform measurement standards for soon as possible. Office of the Secretary, performance of broadband services, in ADDRESSES: Direct all PRA comments to Office of Managing Director. support of the FCC–led National Nicholas A. Fraser, Office of Broadband Plan. Management and Budget, via fax at 202– [FR Doc. 2010–12079 Filed 5–19–10; 8:45 am] 395–5167 or via e-mail to BILLING CODE 6712–01–S

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FEDERAL COMMUNICATIONS commercial overnight courier, or by discussed. More than a one or two COMMISSION first-class or overnight U.S. Postal sentence description of the views and Service mail (although the Commission arguments presented is generally [CG Docket No. 09–158; DA 10–803] continues to experience delays in required. See 47 CFR 1.1206(b). Other Comment Sought on Measures receiving U.S. Postal Service mail). All rules pertaining to oral and written ex Designed To Assist U.S. Wireless filings must be addressed to the parte presentations in permit-but- Consumers To Avoid ‘‘Bill Shock’’ Commission’s Secretary, Office of the disclose proceedings are set forth in Secretary, Federal Communications § 1.1206(b) of the Commission’s rules, AGENCY: Federal Communications Commission. 47 CFR 1.1206(b). Commission. • All hand-delivered or messenger- The full text of document DA 10–803 ACTION: Notice. delivered paper filings for the and any subsequently filed documents Commission’s Secretary must be in this matter will be available for SUMMARY: In this document, the delivered to FCC Headquarters at 445 public inspection and copying during Commission seeks to gather information 12th St., SW., Room TW–A325, regular business hours at the FCC on the feasibility of instituting usage Washington, DC 20554. The filing hours Reference Information Center, Portals II, alerts and cut-off mechanisms similar to are 8 a.m. to 7 p.m. All hand deliveries 445 12th Street, SW., Room CY–A257, those required under the European must be held together with rubber bands Washington, DC 20554, (202) 418–0270. Union (EU) regulations that would or fasteners. Any envelopes must be Document DA 10–803 and any provide wireless voice, text, and data disposed of before entering the building. subsequently filed documents in this consumers in the United States a way to • Commercial overnight mail (other matter may also be purchased from the monitor, on a real-time basis, their usage than U.S. Postal Service Express Mail Commission’s duplicating contractor at of a wireless communications service, as and Priority Mail) must be sent to 9300 the contractor’s Web site, http:// well as the various charges they may East Hampton Drive, Capitol Heights, www.bcpiweb.com, or by calling (800) incur in connection with such usage MD 20743. 378–3160. Furthermore, document DA (e.g., roaming services, voice service • U.S. Postal Service first-class, 10–803 and any subsequently filed ‘‘minute plans,’’ text message plans). Express, and Priority mail should be documents in this matter may be found Specifically, the Commission seeks addressed to 445 12th Street, SW., by searching ECFS at http:// comment on whether technological or Washington, DC 20554. www.fcc.gov/cgb/ecfs (insert [CG Docket other differences exist that would FOR FURTHER INFORMATION CONTACT: No. 09–158] into the Proceeding block). To request materials in accessible prevent wireless providers in this Richard D. Smith, Consumer and formats for people with disabilities country from employing similar usage Governmental Affairs Bureau, Policy (Braille, large print, electronic files, controls as those now required by the Division, at (717) 338–2797 (voice), or audio format), send an e-mail to EU. e-mail [email protected]. [email protected] or call the Consumer DATES: Comments are due on or before SUPPLEMENTARY INFORMATION: In its 2009 and Governmental Affairs Bureau at July 6, 2010. Reply comments are due Consumer Information and Disclosure (202) 418–0530 (voice), (202) 418–0432 on or before July 19, 2010. NOI, the Commission sought comment (TTY). Document DA 10–803 can also ADDRESSES: Interested parties may on potential opportunities for protecting be downloaded in Word or Portable submit comments and reply comments and empowering American consumers Document Format (PDF) at: http:// identified by [CG Docket No. 09–158], by ensuring access to relevant www.fcc.gov/cgb/policy/headlines.html. by any of the following methods: information about communications • Electronic Filers: Comments may be services. Synopsis filed electronically using the Internet by See 2009 Consumer Information and In the 2009 Consumer Information accessing the Commission’s Electronic Disclosure; Truth-in-Billing and Billing and Disclosure NOI, the Commission comment Filing System (ECFS), through Format; IP–Enabled Services, CG Docket sought comment on potential the Commission’s Web site: http:// No. 09–158; CC Docket No. 98–870; WC opportunities for protecting and www.fcc.gov/cgb/ecfs/, or the Federal Docket No. 04–36, Notice of Inquiry, 24 empowering American consumers by eRulemaking Portal: http:// FCC Rcd 11380 (2009) (2009 Consumer ensuring access to relevant information www.regulations.gov. Filers should Information and Disclosure NOI). This about communications services. Among follow the instructions provided on the is a summary of the Commission’s other things, the Commission noted that Web site for submitting comments. Public Notice DA 10–803. Pursuant to advances in technology, including usage • For ECFS filers, in completing the 47 CFR 1.415 and 1.419 of the alerts delivered via text message, other transmittal screen, filers should include Commission’s rules, interested parties usage controls, and online comparison their full name, U.S. Postal Service may file comments and reply comments tools, offer ‘‘new opportunities to mailing address, and the applicable on or before the dates indicated above. improve the kind and degree of docket number, which in this instance This proceeding shall be treated as a information available to consumers.’’ On is [CG Docket No. 09–158]. Parties may permit-but-disclose proceeding under the issue of usage alerts, the also submit an electronic comment by the ex parte rules, which are codified at Commission asked whether consumers Internet e-mail. To get filing 47 CFR 1.1200(a) and 1.1206. Therefore, can be provided with ‘‘more useful instructions, filers should send an e- ex parte presentations will be allowed information about their service usage mail to [email protected], and include the but must be disclosed in accordance once they are using a plan to prevent following words in the body of the with the requirements of § 1.1206(b) of them from incurring unexpected message, ‘‘get form .’’ A sample form and 1.1206(b). Persons making oral ex parte usage patterns change.’’ It also sought directions will be sent in response. presentations are reminded that information concerning how • Paper Filers: Parties who choose to memoranda summarizing the widespread the practice of usage alerts file by paper must file an original and presentations must contain summaries is and, where such controls are used, four copies of each filing. Filings can be of the substance of the presentations whether the consumer is alerted prior to sent by hand or messenger delivery, by and not merely a listing of the subjects incurring additional charges, or only

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after the consumer has exceeded some employing similar usage controls as The applications listed below, as well threshold level of charges or minutes. those now required by the EU. as other related filings required by the Finally, the Commission sought The Commission also seeks comment Board, are available for immediate comment on the level of cost detail on the extent to which consumers inspection at the Federal Reserve Bank typically included in usage alert currently have the means at their indicated. The applications also will be messages. disposal to monitor their wireless usage available for inspection at the offices of In June 2009, the EU adopted and are fully aware of the consequences the Board of Governors. Interested regulations governing the transparency of exceeding their predetermined persons may express their views in of retail roaming charges incurred by allocations of voice minutes, text writing on the standards enumerated in European wireless customers for voice message limits, or data usage. To what the BHC Act (12 U.S.C. 1842(c)). If the calls, text messaging, and data services extent are U.S. providers already proposal also involves the acquisition of when traveling to other EU markets. offering such features, and at what cost a nonbanking company, the review also Certain of these provisions, commonly to the consumer and/or to the provider? includes whether the acquisition of the referred to as the ‘‘bill shock’’ provisions, Do certain usage controls lend nonbanking company complies with the are designed to ensure that a consumer themselves more to one type of service standards in section 4 of the BHC Act is fully aware of the roaming charges he (such as voice) than to another (such as (12 U.S.C. 1843). Unless otherwise or she is incurring so that the consumer data)? To what extent is such noted, nonbanking activities will be does not receive a higher than expected information currently accessible via conducted throughout the United States. bill for these services. A number of EU wireless devices by people with Additional information on all bank mobile service providers had already disabilities, and in particular by people holding companies may be obtained implemented procedures to combat the who are blind or low vision who need from the National Information Center problem of ‘‘bill shock’’ prior to the on-screen text and other visual website at www.ffiec.gov/nic/. adoption of the June 2009 regulations. indicators to be accompanied by audio Unless otherwise noted, comments Under the new EU regulations, when a output? Would a requirement for certain regarding each of these applications wireless consumer places a voice call or types of usage controls prevent or help must be received at the Reserve Bank text message in an EU market other than consumers with hearing, visual, indicated or the offices of the Board of the consumer’s home market, the cognitive or other disabilities in Governors not later than June 12, 2010. consumer’s home market provider must receiving the information they need to A. Federal Reserve Bank of send to the consumer, free of charge, a effectively monitor their usage? The Richmond (A. Linwood Gill, III, Vice text message detailing roaming prices Commission seeks comment on these President) 701 East Byrd Street, for sending and receiving voice calls and other issues relevant to whether it Richmond, Virginia 23261-4528: and text messages. The consumer may should adopt usage control measures 1. Cordia Bancorp Inc., Washington, elect not to receive this automatic that will help consumers to avoid DC; to become a bank holding company notification service, but the service must receiving higher than expected bills for through the acqusition of up to 52.3 be provided again, free of charge, upon their wireless communications services. percent of the voting shares of Bank of request by the consumer. The new EU All comments should refer to CG Virginia, Midlothian, Virginia. regulations also require that wireless Docket No. 09–158. Further, the Board of Governors of the Federal Reserve providers notify a consumer using a Commission strongly encourages parties System, May 14, 2010. data roaming service when the to develop responses that adhere to the Robert deV. Frierson, consumer has reached 80 percent of an organization and structure of the Deputy Secretary of the Board. agreed upon limit (either a default limit questions in the Public Notice DA [FR Doc. 2010–12025 Filed 5–19–10; 8:45 am] or a customer-designated limit). When a 10–803. BILLING CODE 6210–01–S consumer exceeds the established Colleen Heitkamp, monetary or volume roaming limit, the Division Chief, Consumer and Governmental provider must send another notification Affairs Bureau, Federal Communications FEDERAL MARITIME COMMISSION explaining the applicable costs and Commission. procedures if the consumer wishes to [FR Doc. 2010–12140 Filed 5–19–10; 8:45 am] Ocean Transportation Intermediary continue using the data roaming service. License Applicants At that point, the provider must cease BILLING CODE 6712–01–P providing the service pending further Notice is hereby given that the instruction from the consumer. following applicants have filed with the In this document, the Commission FEDERAL RESERVE SYSTEM Federal Maritime Commission an application for a license as a Non- seeks to gather information on the Formations of, Acquisitions by, and Vessel-Operating Common Carrier feasibility of instituting usage alerts and Mergers of Bank Holding Companies cut-off mechanisms similar to those (NVO) and/or Ocean Freight Forwarder required under the EU regulations that The companies listed in this notice (OFF)—Ocean Transportation would provide wireless voice, text, and have applied to the Board for approval, Intermediary (OTI) pursuant to section data consumers in the United States a pursuant to the Bank Holding Company 19 of the Shipping Act of 1984 as way to monitor, on a real-time basis, Act of 1956 (12 U.S.C. 1841 et seq.) amended (46 U.S.C. Chapter 409 and 46 their usage of a wireless (BHC Act), Regulation Y (12 CFR Part CFR part 515). Notice is also hereby communications service, as well as the 225), and all other applicable statutes given of the filing of applications to various charges they may incur in and regulations to become a bank amend an existing OTI license or the connection with such usage (e.g., holding company and/or to acquire the Qualifying Individual (QI) for a license. roaming services, voice service ‘‘minute assets or the ownership of, control of, or Interested persons may contact the plans,’’ text message plans). Specifically, the power to vote shares of a bank or Office of Transportation Intermediaries, the Commission seeks comment on bank holding company and all of the Federal Maritime Commission, whether technological or other banks and nonbanking companies Washington, DC 20573. differences exist that would prevent owned by the bank holding company, Allround Logistics Inc. (OFF & NVO), wireless providers in this country from including the companies listed below. 1809 Fashion Court, Suite 101, Joppa,

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MD 21085. Officers: Margoth T. Starr, President. Application Type: New Off Individual), Sidharth Jena, CFO. Vice President/Secretary (Qualifying & NVO License. Application Type: New NVO License. Individual), Roland Meier, President. Lars Courier, Inc. dba Lars International Skelton Sherborne Inc (OFF & NVO), Application Type: Add NVO Service Freight Forwarders (NVO), 16900 1225 North Loop West, Suite 432, and QI Change. North Bay Road, Apt. 1906, Sunny Houston, TX 77008. Officers: Lydia R. Best Container Express, Inc. (NVO), Isles, FL 33160, Officers: Rudy O. Ramos, Secretary, (Qualifying 17238 S. Main Street, Gardena, CA Vargas-Milian, Secretary (Qualifying Individual). Bradley V. Skelton, 90248. Officers: Richard D. Kim, Individual), Andres Panesso, Director/Treasurer. Application Type: President (Qualifying Individual), President/Treasurer/Director. QI Change. Chang H. Choi, Manager. Application Application Type: New NVO License. The Export Connection, Inc. (OFF), 7580 Type: Business Structure Change. Lozada Corporation dba Lozada Sierra Ridge Lane, Lake Worth, FL Brauner International Corporation Transportation Services (OFF & NVO), 33463. Officers: Jari K. Hakkarainen, (OFF), 66 York Street, Jersey City, NJ 6526 Arlington Boulevard, Falls President/Director, (Qualifying 07302. Officers: Matthew Brauner, Church, VA 22042. Officers: Cristian Individual). Lilian E. Hakkarainen, President/Treasurer (Qualifying K. Montecinos, Secretary (Qualifying Vice President/Secretary, Application Individual), Harold Brauner, Individual), Cesar Montecinos, Type: New OFF License. Chairman. Application Type: QI President/Treasurer. Application The Padded Wagon, Inc. (NVO), 163 Change. Type: New OFF & NVO License. Exterior Street, Bronx, NY 10451. Century Distribution Systems, Mark-It Express LLC (OFF), 4800 S. Officers: Edmond J. Dowling, Incorporated (OFF), 8730 Stony Point Central Avenue, Suite 102, Chicago, President, (Qualifying Individual). Parkway, Suite 310, Richmond, VA IL 60638. Officer: Anthony M. Apa, Aine K. Dowling, Secretary. 23235. Officers: Mark T. Gorman, Managing Member, (Qualifying Application Type: New NVO License. President (Qualifying Individual), Iain Individual). Application Type: New World Cargo Service, Inc. (NVO), 6905 C. Aitchison, CEO. Application Type: OFF License. NW 73rd Court, Miami, FL 33166. New OFF License. Matthew A. Keces (OFF & NVO), 3137 Officers: Gregorio J. Zambrano, Dapex Inc. (NVO), 83–77 Woodhaven Bonn Drive, Laguna Beach, CA 92651. President, (Qualifying Individual). Blvd., Apt. 1D, Woodhaven, NY Officer: Matthew A. Keces, Sole Diana J. Rodriguez, Vice President. 11421. Officer: David Dvinov, Proprietor, (Qualifying Individual). Application Type: QI Change. President/Secretary (Qualifying Application Type: New OFF & NVO WP Logistics Inc. (NVO), 13025 Cerise Individual). Application Type: New License. Avenue, Hawthorne, CA 90250. NVO License. MIC Freight Brokers, Inc (OFF), 8201 Officers: Cindy Yamamoto, Secretary, Freight Logistics Services, LLC dba NW 66th Street, #6, Miami, FL 33166. (Qualifying Individual). Seok (Peggy) Kloosterboer International, Officers: Luis A. Marquez, President, K. Tan, President/Treasurer. Forwarding, LLC dba KIF, LLC dba (Qualifying Individual). Maria A. Application Type: Trade Name FLS, LLC, dba Kloosterboer (OFF), Garcia, Secretary. Application Type: Change. 3440 Carillon Point, Kirkland, WA New OFF License. 98033. Officers: Sean Newbrey, Miriam Family Cargo, Inc. (NVO), 18 Dated: May 14, 2010. General Manager (Qualifying NW 12th Avenue, Miami, FL 33128. Karen V. Gregory, Individual), Steve Abernathy, Officers: Miriam Y. Bennett, Secretary. President. Application Type: Trade President/Secretary, (Qualifying [FR Doc. 2010–12052 Filed 5–19–10; 8:45 am] Name Change and QI Change. Individual). Randy R. Bennett, Vice BILLING CODE 6730–01–P Gruden USA Inc. dba Lybra Overseas President. Application Type: New Shipping (OFF & NVO), 51 Newark NVO License. Street, Suite 302, Hoboken, NJ 07030. Ocean Line Logistics Inc. (OFF & NVO), FEDERAL MARITIME COMMISSION Officers: Carmella De Primo, Vice 582 W. Huntington Drive, Suite M, President (Qualifying Individual), Arcadia, CA 91007. Officers: Wei Ocean Transportation Intermediary Luca De Pieri, President/Secretary/ Jiang, Vice President, (Qualifying License; Rescission of Order of Treasurer. Application Type: Trade Individual). Peixin Li, President. Revocation Name Change and Add NVO Service. Application Type: Add OFF Services. Notice is hereby given that the Orders IMOVEGREEN, LLC (OFF & NVO), 370 Project Rail, LLC dba Vectora revoking the following licenses are Concord Avenue, Bronx, NY 10454. Transportation (OFF & NVO), 610 being rescinded by the Federal Maritime Officers: Naama J. Yoffey, Secretary Wesley Avenue, Oak Park, IL 60304. Commission pursuant to section 19 of (Qualifying Individual), Jeffrey Sitt, Officers: Christopher M. Ball, the Shipping Act of 1984 (46 U.S.C. President/CEO. Application Type: President, (Qualifying Individual). Chapter 409) and the regulations of the New OFF & NVO License. Graham Y. Brisben, Manager. Commission pertaining to the licensing Keith Roehl Guidroz, Sr. dba Gilscot Application Type: New OFF & NVO of Ocean Transportation Intermediaries, Guidroz International, dba Guidroz License. 46 CFR part 515. International Transport (NVO), 409 Quisqueya Cargo Express Inc (NVO), License Number: 017970N. Sala Avenue, Westwego, LA 70094. 421 W. Tilghman Street, Allentown, Name: Diarama Export, Inc. Officer: Keith Roehl Guidroz, Sr., Sole PA 18102. Officer: Fraiser Polanco, Address: 2754 NW North Drive, Proprietor (Qualifying Individual). President/VP/Secretary/Treasurer, Miami, FL 33142. Application Type: Trade Name (Qualifying Individual). Application Change and Add NVO Service. Type: New NVO License. Order Published: FR: 4/22/2010 Knight Brokerage, LLC (OFF & NVO), Seagull Maritime Agencies Private (Volume 75, No. 77 Pg. 20999). 5601 W. Buckeye Road, Phoenix, AZ Limited (NVO), E–40/3, Okhla License Number: 019271N. 85043. Officers: Robin S. Hilton, Industrial Area, Phase II, New Delhi Name: Xima Freight Services, Inc. Director of Global Transportation 110020 India. Officers: Ashutosh L. Address: 1525 NW 82nd Avenue, (Qualifying Individual), Greg Ritter, Korde, President/CEO, (Qualifying Miami, FL 33126.

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Order Published: FR: 5/7/2010 FEDERAL MARITIME COMMISSION reissued by the Federal Maritime (Volume 75, No. 88 Pg. 25258). Commission pursuant to section 19 of Ocean Transportation Intermediary Sandra L. Kusumoto, the Shipping Act of 1984 (46 U.S.C. License; Reissuance Chapter 409) and the regulations of the Director, Bureau of Certification and Commission pertaining to the licensing Licensing. Notice is hereby given that the of Ocean Transportation Intermediaries, [FR Doc. 2010–12058 Filed 5–19–10; 8:45 am] following Ocean Transportation 46 CFR part 515. BILLING CODE 6730–01–P Intermediary licenses have been

License No. Name/Address Date reissued

004662N ...... Sanyo Logistics Corporation, 3625 Del Amo Blvd., Suite 105, Torrance, CA 90503 ...... April 8, 2010. 009741N ...... Covan International, Inc., 1 Covan Drive, Midland City, AL 36350 ...... April 15, 2010. 017845N ...... Uniworld Express, Inc., 520 Carson Plaza Ct., Suite 211, Carson, CA 90746 ...... April 24, 2010. 020849N ...... Master Freight America, Corp., 2025 NW 102nd Avenue, Unit 111, Miami, FL 33172 ...... March 11, 2010.

Sandra L. Kusumoto, License Number: 17493N. providing notice of a proposed Director, Bureau of Certification and Name: Bayanihan Cargo International computer match. The purpose of this Licensing. Inc. match is to identify individuals who are [FR Doc. 2010–12056 Filed 5–19–10; 8:45 am] Address: 925 Linden Avenue, #D, improperly receiving transit benefits. BILLING CODE 6730–01–P South San Francisco, CA 94080. Date Revoked: April 30, 2010. DATES: Effective Date: June 21, 2010. Reason: Failed to maintain a valid FOR FURTHER INFORMATION CONTACT: Call FEDERAL MARITIME COMMISSION bond. or e-mail the GSA Privacy Act Officer: License Number: 019651F. telephone 202–208–1317; e-mail Ocean Transportation Intermediary Name: Acorn International [email protected]. License Revocation Forwarding Co. ADDRESSES: The Federal Maritime Commission Address: 2200 Pacific Coast Highway, GSA Privacy Officer (CIB), hereby gives notice that the following Suite 219, Hermosa Beach, CA 90254. General Services Administration, 1800 F Ocean Transportation Intermediary Date Revoked: April 30, 2010. Street, NW., Washington, DC 20405. licenses have been revoked pursuant to Reason: Failed to maintain a valid SUPPLEMENTARY INFORMATION: Pursuant section 19 of the Shipping Act of 1984 bond. to subsection o(2) of the Privacy Act, 5 (46 U.S.C. Chapter 409) and the License Number: 021725N. U.S.C. 552a, GSA is providing notice of regulations of the Commission Name: World Wide Cargo Partners, a proposed computer match. The pertaining to the licensing of Ocean LLC. purpose of this match is to identify Transportation Intermediaries, 46 CFR Address: 7900 Stoneridge Drive, Suite individuals who are improperly Part 515, effective on the corresponding #117, Pleasanton, CA 94588. receiving transit benefits. To accomplish date shown below: Date Revoked: April 20, 2010. this purpose, the GSA, Office of License Number: 1198F. Reason: Surrendered license Inspector General (OIG) will match two Name: World Freight Forwarders, Inc. voluntarily. internal systems of record—transit Address: 1430 Morton Drive, License Number: 021121F. benefit records (GSA/Transit–1) and Maysville, KY 41056. Name: Worldwide Logistics of payroll records (GSA/PPFM–9), to Date Revoked: April 12, 2010. Columbus LLC. identify people receiving transit benefits Reason: Surrendered license Address: 6663 Huntley Road, Suite N, from GSA who are not current GSA voluntarily. Columbus, OH 43229. employees. License Number: 13787N. Date Revoked: April 30, 2010. Name: Trans Caribe Express Shippers, Reason: Failed to maintain a valid SYSTEM NAME: Inc. bond. Computer Matching Program within Address: 163 Tremont Avenue, East Sandra L. Kusumoto, GSA between two internal systems. Orange, NJ 07018. Date Revoked: April 29, 2010. Director, Bureau of Certification and a. Participating Agencies: Licensing. Reason: Failed to maintain a valid bond. [FR Doc. 2010–12055 Filed 5–19–10; 8:45 am] General Services Administration License Number: 015941N. BILLING CODE 6730–01–P (GSA). Name: Cargo Plus, Inc. b. Purpose of the Matching Program: Address: 8333 Wessex Drive, Pennsauken, NJ 08109. GENERAL SERVICES The purpose of this match is to Date Revoked: April 25, 2010. ADMINISTRATION identify individuals who are improperly Reason: Failed to maintain a valid receiving transit benefits. Only current bond. Notice of a Computer Matching GSA employees are entitled to receive Program License Number: 017207F. transit benefits from GSA. The OIG Name: Legend Express Co. AGENCY: General Services proposes to compare records in two Address: 1506 S. Paloma Street, Los Administration GSA systems of records, transportation Angeles, CA 90021. ACTION: Notice. benefit records and payroll records, to Date Revoked: May 5, 2010. identify any person receiving transit Reason: Surrendered license SUMMARY: Pursuant to subsection o(2) of benefits from GSA who is not a GSA voluntarily. the Privacy Act, 5 U.S.C. 552a, GSA is employee.

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c. Authority for Conducting the Information Technology (IT) General A. Background Matching program: Rules of Behavior. Compliance with GSA has the responsibility to provide E.O. 13150, Federal Workforce these requirements will ensure no guidance to agencies on property Transportation; 5 U.S.C. 7905, Federal unauthorized access to or disclosure of management accountability systems. Employees Clean Air Incentives Act; 5 this information. This bulletin is the first document U.S.C. Appendix 3, the Inspector f. Inclusive Dates of the Matching issued by GSA’s Office of Travel, General Act; and 26 U.S.C. 132(f). Program: Transportation, and Asset Management which addresses only this subject. d. Categories of Records and Individuals The matching program will become Further guidance on this topic in the to be Covered by the Matching Program: effective no sooner than 40 days after form of bulletins or regulations is The first, GSA/Transit–1, notice of the matching program is sent planned. Transportation Benefits Records, 73 FR to Congress and the Office of Section 524 of Title 40 of the United 22393 (April 25, 2008), contains Management and Budget, or 30 days States Code (40 U.S.C. 524) requires that identifying information and records of after publication of this notice in the executive agencies maintain adequate employees who apply for transit Federal Register, whichever date is inventory controls and accountability subsidies for use of public later. The matching program will systems for property under their control. transportation and vanpools to and from continue for 18 months from the Section 121(b)(2) of 40 U.S.C. requires the workplace. The second, GSA/ effective date and may be extended for the Administrator of General Services to PPFM–9, Payroll Accounting and an additional 12 months thereafter, if work with the Comptroller General and Reporting System, 73 FR 22398 (April certain conditions are met. other executive agencies to develop 25, 2008), contains the GSA payroll g. For Questions, Contact: accounting systems for Federal records for an employee’s entire service property. The term ‘‘system’’ includes life, from initial hire through final Director, Office of Forensic Auditing, information technology components as payment and submission of retirement Office of Inspector General, 1800 F well as the non-automated processes records to the Office of Personnel Street, NW., Room G-242, Washington, and procedures used to account for Management. DC, 20405. Telephone (202) 273–4989. Federal property. Dated: May 13, 2010. e. Description of Computer Matching B. Procedures Program: Cheryl M. Paige, Director, Office of Information Management. Bulletins regarding the Federal The General Services Administration [FR Doc. 2010–12038 Filed 5–19–10; 8:45 am] Management Regulation (FMR) are (GSA), Office of Inspector General (OIG) located on the Internet at http:// BILLING CODE 6820–34–S has proposed this Computer Matching www.gsa.gov/bulletin as FMR bulletins. Agreement to identify individuals who Dated: May 11, 2010. are improperly receiving transit GENERAL SERVICES Becky Rhodes, benefits. Only current GSA employees ADMINISTRATION are entitled to receive transit benefits Deputy Associate Administrator. from GSA. The OIG proposes to Federal Management Regulation [FR Doc. 2010–12040 Filed 5–19–10; 8:45 am] compare records in two GSA systems of (FMR); Notice of GSA Bulletin FMR B– BILLING CODE 6820–14–P records, transportation benefit records 26 and payroll records, to identify any GENERAL SERVICES person receiving transit benefits from AGENCY: Office of Governmentwide ADMINISTRATION GSA who is not a GSA employee. No Policy, General Services Administration action will be taken based solely on the (GSA). Privacy Act of 1974; Notice of new results of the match; rather, the OIG will ACTION: Notice of a bulletin. System of Records evaluate the results of the match and other relevant information to help SUMMARY: This notice announces GSA AGENCY: General Services identify and/or recover any erroneous Bulletin FMR B–26. GSA Bulletin FMR Administration. payments. B–26 provides guidance to Federal ACTION: New Notice. The GSA will provide the subject of agencies relative to the accountability each verified match at least 30 days to and control of Executive agency SUMMARY: GSA proposes to establish a contest the findings before a final personal property. This guidance is of a new system of records subject to the determination is made about the general nature, and intended to steer Privacy Act of 1974, as amended, 5 validity of the claim and recovery action agencies towards considering controls U.S.C. 552a. is initiated. The subject will be given where reasonable controls may be DATES: Effective Date: June 21, 2010. written notice of adverse information lacking or non-existent. GSA Bulletin FOR FURTHER INFORMATION CONTACT: Call and the basis for questioning his/her FMR B–26 may be found at http:// or e-mail the GSA Privacy Act Officer: eligibility. The notice will include www.gsa.gov/bulletin. telephone 202–208–1317; e-mail instructions on how to refute the DATES: The bulletin announced in this [email protected]. questioned payment. notice became effective on May 7, 2010. All information obtained and/or ADDRESSES: GSA Privacy Act Officer generated as part of this computer FOR FURTHER INFORMATION CONTACT: For (CIB), General Services Administration, matching program will be safeguarded clarification of content, contact the 1800 F Street, NW., Washington, DC in accordance with the provisions of the General Services Administration, Office 20405. Privacy Act, other applicable laws, and of Governmentwide Policy, Office of SUPPLEMENTARY INFORMATION: GSA GSA record safeguarding requirements, Travel, Transportation and Asset proposes to establish a new system of including CIO P 2100 1.F, GSA Management, at (202) 501–1777. Please records subject to the Privacy Act of Information Technology (IT) Security cite FMR Bulletin B–26. 1974, 5 U.S.C. 552a. The system will Policy, and CIO 2104.1, GSA SUPPLEMENTARY INFORMATION: provide for the collection of information

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to track and manage the Art in Architecture and Fine Art programs to POLICIES AND PRACTICES FOR STORING, Architecture program, the National manage, track, verify, and update RETRIEVING, ACCESSING, AND RETAINING, AND Artist Registry and the fine arts system information. DISPOSING OF SYTEM RECORDS: collection. The privacy information Information from this system also may STORAGE: within the system will be accessed and be disclosed as a routine use: used by GSA employees in the Art in a. In any legal proceeding, where All records are stored electronically. Architecture and Fine Arts programs. pertinent, to which GSA, a GSA Dated: May 13, 2010. employee, or the United States is a party RETRIEVABILITY: before a court or administrative body. Cheryl M. Paige, Records are retrievable based on any b. To a Federal, State, local, or foreign Director, Office of Information Management. information captured, including but not agency responsible for investigating, SYSTEM NAME: prosecuting, enforcing, or carrying out a limited to: name, date of birth, place of GSA/PBS-7 (The Museum System - statute, rule, regulation, or order when birth, and current address. TMS) GSA becomes aware of a violation or SAFEGUARDS: potential violation of civil or criminal SYSTEM LOCATION: law or regulation. System records are safeguarded in The system is maintained for GSA c. To an appeal, grievance, hearing, or accordance with the requirements of the under contract, and the records are complaints examiner; an equal Privacy Act. Access is limited to maintained in electronic form. The employment opportunity investigator, system and records are located at the authorized individuals with passwords, arbitrator, or mediator; and an exclusive vendor location in PBS Enterprise and the database is maintained behind representative or other person Service Center (ESC) facility located at a firewall certified by the National authorized to investigate or settle a 14426 Albemarle Point Place, Suite 120, Computer Security Association. grievance, complaint, or appeal filed by Building 3, Chantilly, VA 20151. an individual who is the subject of the Contact the System Manager for RETENTION AND DISPOSAL: record. additional information. d. To the Office of Personnel System records are retained and CATEGORIES OF INDIVIDUALS COVERED BY THE Management (OPM), the Office of disposed of according to GSA records SYSTEM: Management and Budget (OMB), and maintenance and disposition schedules Individuals in the Art in Architecture the Government Accountability Office and the requirements of the National and Fine Arts programs, including those (GAO) in accordance with their Archives and Records Administration. in the fine arts collection, and in the responsibilities for evaluating Federal National Artist Registry. programs. SYSTEM MANAGER AND ADDRESS: e. To a Member of Congress or his or CATEGORIES OF RECORDS IN THE SYSTEM: Systems Development Division, her staff on behalf of and at the request The system contains information Public Building Service, General of the individual who is the subject of Services Administration, 1800 F Street, needed for managing the Art in the record. Architecture and Fine Arts programs, NW., Washington, DC 20405. f. To an expert, consultant, or which includes access to information on contractor of GSA in the performance of artists represented in the fine arts NOTIFICATION PROCEDURE: a Federal duty to which the information collection and artists in the National is relevant. Individuals wishing to inquire if the Registry. Records may include but are g. To the National Archives and system contains information about them not limited to: (1) biographical data Records Administration (NARA) for should contact the system manager at such as name, birth date, and the above address. educational level; and (2) contact records management purposes. h. Nationality and year of birth may information such as telephone number, RECORD ACCESS PROCEDURES: street address and email address. be disclosed to the public when relevant to an artist’s work. Individuals wishing to access their AUTHORITY FOR MAINTENANCE OF THE SYSTEM: i. To appropriate agencies, entities, own records should contact the system The Federal Property and and persons when (1) the Agency manager at the address above. Administrative Services Act of 1949 (40 suspects or has confirmed that the U.S.C. § 501 et seq.). security or confidentiality of CONTESTING RECORD PROCEDURE: information in the system of records has PURPOSE: been compromised; (2) the Agency has Individuals wishing to amend their To establish and maintain an determined that as a result of the records should contact the system electronic system to manage and track suspected or confirmed compromise manager at the address above. all details pertaining to the full life there is a risk of harm to economic or cycle of Art in Architecture projects and property interests, identity theft or RECORD SOURCE CATEGORIES: manage the National Artist Registry in fraud, or harm to the security or The sources for information in the support of the Art in Architecture integrity of this system or other systems program. The system will also support system are data from legacy systems, or programs (whether maintained by information submitted by individuals or the PBS Fine Arts program to safeguard GSA or another agency or entity) that their representatives, information the fine arts collection against waste, rely upon the compromised gathered from public sources and loss and unauthorized use or information; and (3) the disclosure information from the GSA staff misappropriation. made to such agencies, entities, and directory. ROUTINE USES OF THE SYSTEM RECORDS, persons is reasonably necessary to assist INCLUDING CATEGORIES OF USERS AND THEIR in connection with GSA’s efforts to [FR Doc. 2010–12039 Filed 5–19–10; 8:45 am] PURPOSES FOR USING THE SYSTEM. respond to the suspected or confirmed BILLING CODE 6820–34–S System information may be accessed compromise and prevent, minimize, or and used by employees of the Art in remedy such harm.

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DEPARTMENT OF HEALTH AND an innovative effort aimed at improving to a maximum of 33 Summary Guides HUMAN SERVICES communication of findings to a variety per audience (i.e., clinician, of audiences (‘‘customers’’), including policymaker, consumer) per year, Agency for Healthcare Research and consumers, clinicians, and health care depending on the information needed Quality policy makers. The Eisenberg Center for each product with each audience. compiles research results into a variety In accordance with OMB guidelines Agency Information Collection of useful formats for customer for generic clearances for voluntary Activities: Proposed Collection; stakeholders. The Eisenberg Center also customer surveys and Executive Order Comment Request conducts its own program of research 12862, AHRQ has established an independent review process to assure AGENCY: Agency for Healthcare Research into effective communication of and Quality, HHS. research findings in order to improve the development, implementation, and analysis of high quality customer ACTION: Notice. the usability and rapid incorporation of findings into medical practice. The surveys within AHRQ. Specifically, SUMMARY: This notice announces the Eisenberg Center is one of three AHRQ understands that each activity intention of the Agency for Healthcare components of AHRQ’s Effective Health conducted must be submitted to OMB Research and Quality (AHRQ) to request Care Program, see 42 U.S.C. 299b–7. For with a supporting statement and that the Office of Management and the period 2005 until September 2008, accompanying instruments. Information Budget (OMB) approve the proposed the Eisenberg Center was operated collection may not proceed until information collection project: through a contractual arrangement with approved by OMB. ‘‘Eisenberg Center Voluntary Customer the Oregon Health and Science Method of Collection Survey Generic Clearance for the University (OHSU), Department of Information collections conducted Agency for Healthcare Research and Medicine, located in Portland, Oregon. under this clearance will be collected ’’ In September 2008, the contract for Quality. In accordance with the via the following methods: Paperwork Reduction Act, 44 U.S.C. operation of the Eisenberg Center was • Focus Groups. Focus groups may 3501–3520, AHRQ invites the public to awarded to Baylor College of Medicine include clinical professionals, patients comment on this proposed information (BCM), located in Houston Texas. or other health care consumers, or collection. The collections proposed under this health policy makers. They will be used DATES: Comments on this notice must be clearance include activities to assist in to provide input regarding the needs for received by July 19, 2010. the development of materials to be products and for the development of ADDRESSES: Written comments should disseminated through the Eisenberg Decision Aids and Summary Guides. be submitted to: Doris Lefkowitz, Center and to provide feedback to Focus groups may also be used to test Reports Clearance Officer, AHRQ, by e- AHRQ on the extent to which these draft products to determine if intended mail at [email protected]. products meet customer needs. These information and messages are being Copies of the proposed collection materials include Summary Guides that delivered through products that are plans, data collection instruments, and summarize and translate the findings of produced and disseminated through the specific details on the estimated burden comparative effectiveness reviews (CER) Eisenberg Center. can be obtained from the AHRQ Reports and research reports for purposes of • In-person or Telephone Interviews. Clearance Officer. summarizing research findings for Interviews will be conducted with FOR FURTHER INFORMATION CONTACT: various decision-making audiences, individuals from one or more of the Doris Lefkowitz, AHRQ Reports such as consumers, clinicians, or three groups identified above. The Clearance Officer, (301) 427–1477, or by policymakers. The guides are designed purpose of these interviews is to (1) to e-mail at to help these decision makers use provide input regarding the [email protected]. research evidence to maximize the development of Decision Aids and benefits of health care, minimize harm, Summary Guides, (2) to determine if SUPPLEMENTARY INFORMATION: and optimize the use of health care intended information and messages are Proposed Project resources. In addition, each year of the being delivered effectively through project the Eisenberg Center will products that are produced and Eisenberg Center Voluntary Customer develop one computerized, interactive disseminated through the Eisenberg Survey Generic Clearance for the decision aid for those clinical problems Center, and (3) to engage the subject in Agency for Healthcare Research and identified from selected CERs. The cognitive testing to (a) determine if Quality intent is for the decision aid to increase changes in topical knowledge levels can The Agency for Healthcare Research the patient/consumer’s knowledge of be identified following exposure to and Quality (AHRQ) requests that the the health condition, options, and risk/ Eisenberg Center informational or Office of Management and Budget benefits, lead to greater assurance in instructional products, and (b) identify (OMB) renew, under the Paperwork making a decision, increase the strengths and weaknesses in products Reduction Act of 1995, AHRQ’s Generic congruence between values and choices, and services for purposes of making Clearance to collect information from and ethance involvement in the improvements that are practical and users of work products and services decision making process. Information feasible. initiated by the John M. Eisenberg collections conducted under this • Customer Satisfaction Survey for Clinical Decisions and Communications generic clearance are not required by the Decision Aids. Baseline survey data Science Center (Eisenberg Center). regulation and will not be used to will be collected on both clinician and AHRQ is the lead agency charged regulate or sanction customers. Surveys patient characteristics, characteristics of with supporting research designed to will be entirely voluntary, and the health care condition, and selected improve the quality of healthcare, information provided by respondents outcome measures such as knowledge reduce its cost, improve patient safety, will be combined and summarized so and decisional self-efficacy. Following decrease medical errors, and broaden that no individually identifiable delivery of the decision aid, a user access to essential services. See 42 information will be released. The survey will be completed to explore U.S.C. 299. AHRQ’s Eisenberg Center is Eisenberg Center will produce from 17 subjects’ impressions of the tool,

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including ease of use, clarity of • Web site Registration. Visitors to the Customer satisfaction surveys for the presentation, length, balance of Web site will be able to register personal Summary Guides will be conducted information, rating of interactive contact information (e.g., name, e-mail with approximately 6,600 features, and overall satisfaction. Both address) if wishing to receive updated representatives from the audience to be clinicians and patients/consumers will information and materials as they targeted by the Summary Guides be surveyed. For patients, the customer become available. annually (i.e., clinician, policymaker or satisfaction survey will include • Glossary Feedback Survey. Visitors consumer) and will take 5 minutes to decisional outcome measures (e.g., to the Web site who access the health complete. decisional conflict, desire for care glossary will be asked to suggest missing terms and provide additional Customer satisfaction surveys will involvement in decision-making), also be administered to approximately measures of attitudes and self-efficacy, comments on definitions or usage sentences, if desired. 50 clinicians and 500 patients in and indicators of choice intention or evaluating the Decision Aid. These actual choice made. If the aid is This information will be used to develop, improve and/or maintain high surveys will take about 10 minutes to evaluated within a clinical context, complete, and will be administered measures of physician-patient quality products and services to lay and health professional publics. before and after implementation of the interaction will also be considered. Decision Aid in the study populations. Additionally, clinicians may be Estimated Annual Respondent Burden interviewed about the impact of the aid Clinicians that have completed CME Exhibit 1 shows the estimated accrediting requirements and are on clinical flow. annualized burden for the respondents • requesting CME credit will be asked to Customer Satisfaction Surveys for time to participate in this research. complete the follow-up CME Survey the Summary Guides. These surveys These estimates assume a maximum of three months following completion of will be offered to health care 33 Summary Guides per year and the online activity. This data collection professionals, consumers, and policy separate Guides for clinicians, policy will be completed with about 1,320 makers that use the online Summary makers and consumers and are thus clinicians annually and will require 5 Guides. Respondents will report via slight overestimates. minutes to complete. Likert-type or numerical response scales Focus groups will be used for needs how specific informational or assessment and will be conducted with Approximately 2,500 solicited topic educational products or materials clinicians and consumers for nomination forms will be completed influenced health care or clinical development of the Summary Guides, annually by healthcare professional and practice behaviors. and additionally with policymakers for consumer visitors to the Web site and those Guides in which policy will require about 5 minutes to • Follow-up CME Surveys. Continuing recommendations are applicable. Focus complete. Web site Registration will be Medical Education (CME) credit will be groups will be conducted with no more completed by all persons wanting to offered to physicians who wish to than 1,056 persons per year and will last stay up-to-date with the latest participate in online activities about 11⁄2 hours. information from the Eisenberg Center, developed around the Summary Guides Once the Summary Guides are about 6,000 annually, and requires for clinicians. Three months after developed they will be subjected to in- about 5 minutes to complete. The completing the educational activity, person or telephone interviews for Glossary Feedback Survey will be physicians will be asked to complete a purposes of usability and product completed by about 200 persons follow-up survey to assess realized testing with clinicians, policy makers annually that access the glossary and changes in clinical practice, barriers to and consumers. In-person telephone takes 5 minutes to complete. The total making change, and self-assessed interviews will be conducted twice with burden hours are estimated to be 6,203. impacts on patient care. about 1,386 persons annually and will • Exhibit 2 shows the estimated Solicited Topic Nominations. take about 66 minutes on average. Two annualized cost burden associated with Visitors to the Web site will have the rounds of interviews will be conducted the respondents time to participate in opportunity to provide information with all consumer representatives this research. The cost burden is about suggested topics that might be during product development, with a estimated to be $290,227 annually. addressed through the research and second round of interviews conducted dissemination efforts of the EHC occasionally with clinicians and policy Exhibit 1. Estimated Annualized program. makers, as needed. Burden Hours

Number of Type of data collection Number of responses per Hours per Total burden respondents respondent response hours

Focus Groups ...... 1,056 1 1.5 1,584 In-person/Telephone Interviews ...... 1,386 2 1.1 3,050 Customer Satisfaction Surveys for the Decision Aid ...... 550 2 10/60 184 Customer Satisfaction Surveys for the Summary Guides ...... 6,600 1 5/60 550 Follow-up CME Surveys ...... 1,320 1 5/60 110 Solicited Topic Nominations ...... 2,500 1 5/60 208 Web site Registration ...... 6,000 1 5/60 500 Glossary Feedback Survey ...... 200 1 5/60 17

Total ...... 19,612 (1) (1) 6,203 1 Not applicable.

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Exhibit 2. Estimated Annualized Cost Burden

Number of Total burden Average hourly Total cost Type of data collection respondents hours wage rate * burden

Focus Groups ...... 1,056 1,584 $48.98 $77,584 In-person/Telephone Interviews ...... 1,386 3,050 46.82 142,801 Customer Satisfaction Surveys for the Decision Aid ...... 550 184 25.53 4,698 Customer Satisfaction Surveys for the Summary Guides ...... 6,600 550 39.55 21,753 Follow-up CME Surveys ...... 1,320 110 77.64 8,540 Solicited Topic Nominations ...... 2,500 208 48.07 9,999 Web site Registration ...... 6,000 500 48.07 24,035 Glossary Feedback Survey ...... 200 17 48.07 817

Total ...... 19,612 6,203 (1) 290,227 1 Not applicable. * Based upon the mean and weighted mean wages for clinicians (29–1062 family and general practitioners), policy makers (11–0000 management occupations, 11–3041 compensation & benefits managers, 13–1072 compensation, benefits & job analysis specialists, 11–9111 medical and health service managers, 13–2053 insurance underwriters and 15–2011 actuaries) and consumers (00–0000 all occupations). Focus groups include 528 clinicians ($77.64/hr) and 528 consumers ($20.32/hr); in-person/telephone interviews includes 528 clinicians, 330 policy makers ($39.91/hr) and 528 consumers; customer satisfaction surveys for the decision aid includes 50 clinicians and 500 consumers; customer satisfaction surveys for the summary guides includes 1,650 clinicians, 1,650 policy makers and 3,300 consumers; follow-up CME surveys includes 1,320 clinicians; solicited topic nominations include 1,125 clinicians, 250 policy makers and 1,125 consumers; Web site registration includes 2,700 clinicians, 600 policy makers and 2,700 consumers; glossary feedback survey includes 90 clinicians, 20 policy makers and 90 consumers, National Compensation Survey: Occupational wages in the United States May 2008, ‘‘U.S. Department of Labor, Bureau of Labor Statistics.’’

Estimated Annual Costs to the Federal $1,439,003 annually. Exhibit 3 shows Exhibit 3. Estimated Total and Government the total and annualized cost by the Annualized Cost The maximum cost to the Federal major cost components. Government is estimated to be

Total Annualized Cost component cost cost

Project Development ...... $1,019,970 $339,990 Data Collection Activities ...... 735,405 245,135 Data Processing and Analysis ...... 1,889,505 629,835 Project Management ...... 557,380 185,793 Overhead ...... 114,750 38,250

Total ...... 4,317,010 1,439,003

Request for Comments request for OMB approval of the SUMMARY: The Food and Drug proposed information collection. All Administration (FDA) is announcing the In accordance with the above-cited comments will become a matter of availability of the draft guidance Paperwork Reduction Act legislation, public record. entitled ‘‘Medical Device ISO comments on AHRQ’s information 13485:2003 Voluntary Audit Report collection are requested with regard to Dated: May 10, 2010. Submission Program.’’ This draft any of the following: (a) Whether the Carolyn M. Clancy, guidance is intended to provide proposed collection of information is Director. information on the implementation of a necessary for the proper performance of [FR Doc. 2010–11993 Filed 5–19–10; 8:45 am] section of the Food and Drug AHRQ healthcare research and BILLING CODE 4160–90–M Administration Amendments Act of healthcare information dissemination functions, including whether the 2007 (FDAAA), which amends a section information will have practical utility; DEPARTMENT OF HEALTH AND of the Federal Food, Drug, and Cosmetic (b) the accuracy of AHRQ’s estimate of HUMAN SERVICES Act (the act). This guidance document burden (including hours and costs) of describes how FDA’s Center for Devices the proposed collection(s) of Food and Drug Administration and Radiological Health (CDRH) and Center for Biologics Evaluation and information; (c) ways to enhance the [Docket No. FDA–2010–D–0226] quality, utility, and clarity of the Research (CBER) are implementing this information to be collected; and (d) Draft Guidance for Industry, Third provision of the law. This draft ways to minimize the burden of the Parties and Food and Drug guidance is not final nor is it in effect collection of information upon the Administration Staff; Medical Device at this time. respondents, including the use of ISO 13485:2003 Voluntary Audit Report DATES: Although you can comment on automated collection techniques or Submission Program; Availability any guidance at any time (see 21 CFR other forms of information technology. AGENCY: Food and Drug Administration, 10.115(g)(5)), to ensure that the agency Comments submitted in response to HHS. considers your comment on this draft this notice will be summarized and guidance before it begins work on the ACTION: Notice. included in the Agency’s subsequent final version of the guidance, submit

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written or electronic comments on the 13485:2003 ‘‘Medical devices—Quality identify the guidance you are draft guidance by August 18, 2010. management systems—Requirements for requesting. Submit written or electronic comments regulatory purposes,’’ may voluntarily A search capability for all CDRH on the collection of information July 19, submit the resulting audit report to guidance documents is available at 2010. FDA. If, based on that report, FDA http://www.fda.gov/cdrh/guidance.html. ADDRESSES: Submit written requests for determines there is minimal Guidance documents are also available single copies of the draft guidance probability—in light of the relationship at http://www.regulations.gov or at document entitled ‘‘Medical Device ISO between the quality system deficiencies http://www.fda.gov/Biologics 13485:2003 Voluntary Audit Report observed and the particular device and BloodVaccines/GuidanceCompliance Submission Program’’ to the Division of manufacturing processes involved—that RegulatoryInformation/Guidances/ Small Manufacturers, International, and the establishment will produce default.htm. Consumer Assistance (DSMICA), Center nonconforming and/or defective IV. Paperwork Reduction Act of 1995 for Devices and Radiological Health, finished devices, then FDA intends to Food and Drug Administration, 10903 use the audit results as part of its risk Under the Paperwork Reduction Act New Hampshire Ave., Bldg. 66, Room assessment to determine whether that of 1995 (PRA) (44 U.S.C. 3501–3520), 4613, Silver Spring, MD 20993 or to the establishment can be removed from Federal agencies must obtain approval Office of Communications, Outreach FDA’s routine work plan for 1 year. The from the Office of Management and and Development (HFM–40), Center for medical device ISO 13485:2003 Budget (OMB) for each collection of Biologics Evaluation and Research, Voluntary Audit Report Submission information they conduct or sponsor. ‘‘ ’’ Food and Drug Administration, 1401 Program outlined in this draft guidance Collection of information is defined in Rockville Pike, suite 200N, Rockville, is another way in which FDA may 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or MD 20852–1448. The draft guidance leverage audits performed by other requirements that members of the public may also be obtained by mail by calling GHTF regulators and accredited third submit reports, keep records, or provide CBER at 1–800–835–4709 or 301–827– parties in order to assist the agency in information to a third party. Section 1800. Send one self-addressed adhesive setting risk-based inspectional 3506(c)(2)(A) of the PRA (44 U.S.C. label to assist that office in processing priorities. 3506(c)(2)(A)) requires Federal agencies your request, or fax your request to 301– This notice of availability and draft to provide a 60-day notice in the 847–8149. See the SUPPLEMENTARY guidance satisfy the public notice Federal Register concerning each INFORMATION section for information on requirement of section 704(g)(7)(F) of proposed collection of information electronic access to the guidance. the act, which provides that FDA shall before submitting the collection to OMB Submit written comments concerning give public notice of the ISO standard(s) for approval. To comply with this this draft guidance to the Division of under which FDA accepts voluntary requirement, FDA is publishing notice Dockets Management (HFA–305), Food submissions of audit reports. and Drug Administration, 5630 Fishers of the proposed collection of Lane, rm. 1061, Rockville, MD 20852. II. Significance of Guidance information set forth in this document. With respect to the following Submit electronic comments to http:// This draft guidance is being issued collection of information, FDA invites www.regulations.gov. Identify consistent with FDA’s good guidance comments on these topics: (1) Whether comments with the docket number practices regulation (21 CFR 10.115). the proposed collection of information found in brackets in the heading of this The draft guidance, when finalized, will is necessary for the proper performance document. represent the agency’s current thinking of FDA’s functions, including whether FOR FURTHER INFORMATION CONTACT: on ‘‘Medical Device ISO 13485:2003 the information will have practical Kimberly A. Trautman, Center for Voluntary Audit Report Submission utility; (2) the accuracy of FDA’s Devices and Radiological Health, Food Program.’’ It does not create or confer estimate of the burden of the proposed and Drug Administration, 10903 New any rights for or on any person and does collection of information, including the Hampshire Ave., Bldg. 66, Room 3422, not operate to bind FDA or the public. validity of the methodology and Silver Spring, MD 20993, 301–796– An alternative approach may be used if assumptions used; (3) ways to enhance 5515, or Stephen Ripley, Center for such approach satisfies the the quality, utility, and clarity of the Biologics Evaluation and Research requirements of the applicable statute information to be collected; and (4) (HFM–17), Food and Drug and regulations. Administration, 1401 Rockville Pike, ways to minimize the burden of the suite 200N, Rockville, MD 20852, 301– III. Electronic Access collection of information on respondents, including through the use 827–6210. Persons interested in obtaining a copy of automated collection techniques, SUPPLEMENTARY INFORMATION: of the draft guidance may do so by using when appropriate, and other forms of the Internet. To receive ‘‘Draft Guidance I. Background information technology. for Industry, Third Parties and FDA Title: Draft Guidance for Industry, This draft guidance is intended to Staff: Medical Device ISO 13485:2003 Third Parties and FDA Staff: Medical provide information on the Voluntary Audit Report Submission Device ISO 13485:2003 Voluntary Audit implementation of section 228 of Program’’ you may either send an e-mail Report Submission Program. FDAAA, which amends section request to [email protected] to 704(g)(7) of the act (21 U.S.C. 374(g)(7)). Description: Section 228 of the Food receive an electronic copy of the and Drug Administration Amendments Under this draft guidance, device document or send a fax request to 301– manufacturers whose establishment has Act of 2007 (FDAAA), amended section 847–8149 to receive a hard copy. Please 704(g)(7) of the Food, Drug, and been audited under one of the use the document number 1705 to regulatory systems implemented by the Cosmetic Act (the act) (21 U.S.C. Global Harmonization Task Force 374(g)(7)) to add the following Assessment System; the European Union Notified (GHTF) founding members1 using ISO provision: Body accreditation system; the Therapeutics Goods ‘‘ Administration of Australia Inspectorate; and the (F) For the purpose of setting risk- 1 The GHTF founding members auditing systems Japanese Medical Device Ministry of Health, Labour based inspectional priorities, the include the Canadian Medical Devices Conformity and Welfare system. Secretary shall accept voluntary

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submissions of reports of audits shall submit all such audit reports with law and providing public notice as assessing conformance with appropriate respect to the establishment during the required. The proposed collections of quality system standards set by the preceding 2-year periods.’’ information are necessary to satisfy the International Organization for The ‘‘Draft Guidance for Industry, previously mentioned statutory Standardization (ISO) and identified by Third Parties and FDA Staff: Medical requirements for implementing this the Secretary in public notice. If the Device ISO 13485:2003 Voluntary Audit voluntary submission program. owner or operator of an establishment Report Submission Program’’ will elects to submit audit reports under this describe how FDA’s CDRH and CBER FDA estimates the burden of this subparagraph, the owner or operator are implementing this provision of the collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per Type of Respondent Respondents per Response Responses Response Total Hours

Domestic or foreign device manufacturer whose establishment was audited under ISO 13485:2003 1,600 1 1,600 2 3,200 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on FDA’s experience with the 2,650 manufacturers or manufacturing Audit Report Submission Program. FDA founding regulatory members of GHTF, sites had been certified by Health analyzed its inspection data from Fiscal FDA expects that the vast majority of Canada. Year (FY) 2008 (October 1, 2007 to manufacturers who will participate in In addition, FDA only expects firms October 1, 2008) and determined that the Voluntary Audit Report Submission who do not have major deficiencies or the total number of inspections finalized Program will be manufacturers who are observations in their ISO 13485:2003 in FY2008 for medical devices was certified by Health Canada under ISO audits to be willing to submit their audit 1,965. The breakdown for the 1,965 13485:2003.2 In 2008, approximately reports to FDA under the Voluntary compliance decisions is as follows:

TABLE 2.—COMPLIANCE DECISION BREAKDOWN

Compliance Decision1 Number Approximate Percentage

Official Action Indicated 148 8%

Voluntary Action Indicated 775 40%

No Action Indicated 1,025 52%

Pending Final Decision 17 1% 1 June 15, 2006, Compliance Program 7382.845 Inspection of Medical Device Manufacturers Part V http://www.fda.gov/cdrh/comp/guidance/ 7382.845.html#p5p5.pdf.

Because FDA only expects firms who Health Canada (52 percent of the total will be from these other manufacturers. do not have major deficiencies or 2,650 facilities) would have had an Since 90 percent of the audit reports are observations to be willing to submit inspection classified as an NAI. Since expected to be submitted by their audit reports to FDA under the FDA only expects to receive audit manufacturers certified by Health Voluntary Audit Report Submission reports that would have been classified Canada (approximately 1,400 audit Program, FDA only expects to receive by FDA as NAI, FDA expects 1,378, or reports as calculated previously in this audit reports that would have been approximately 1,400, audit reports to be document), then the total number of classified by FDA as No Action submitted. audit reports FDA expects to receive in Indicated (NAI). Since FDA expects that the vast a year is 1,556, or approximately 1,600, Assuming that the percentage majority of manufacturers who will audit reports. breakdown of compliance decisions for participate in the Voluntary Audit FDA further estimates that the all inspections conducted in FY2008 Report Submission Program will be gathering, scanning, and submission of can be extrapolated and applied to manufacturers certified by Health the audit reports, certificates, and audits of manufacturers certified under Canada under ISO 13485:2003, FDA related correspondence would take ISO 13485:2003 by Health Canada, FDA expects the number of reports to be approximately 2 hours. can estimate the number of Canadian submitted from manufacturers certified This draft guidance also refers to establishments that would have had an by regulatory systems established by previously approved collections of inspection classified as an NAI. Since other founding GHTF members to be information found in FDA regulations. 52 percent of all compliance decisions minimal. For purposes of calculating the These collections of information are resulted in a NAI decision, FDA reporting burden, FDA estimates that subject to review by OMB under the estimates that 1,378 of the facilities approximately 10 percent of total audit PRA. The collections of information in certified under ISO 13485:2003 by reports submitted under this program 21 CFR part 820 have been approved

2 The majority of these manufacturers are also certified under ISO 13485:2003 by the European Union Notified Body accreditation system.

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under OMB control number 0910–0073 Open: 8:30 a.m. to 12 p.m. Name of Committee: National Institute of and the collections of information for Agenda: To discuss administrative details Allergy and Infectious Diseases Special the Inspection by Accredited Persons relating to the Council’s business and special Emphasis Panel, Mechanisms of Protein Program have been approved under reports. Homeostasis. Place: National Institutes of Health, Date: June 14, 2010. OMB control number 0910–0569. Building 31, 31 Center Drive, Conference Time: 1 p.m. to 5 p.m. V. Comments Room 6, Bethesda, MD 20892. Agenda: To review and evaluate grant Closed: 1 p.m. to 5 p.m. applications. Interested persons may submit to the Agenda: To review and evaluate grant Place: National Institutes of Health, 6700B Division of Dockets Management (see applications. Rockledge Drive, 3201, Bethesda, MD 20817. ADDRESSES), written or electronic Place: National Institutes of Health, (Telephone Conference Call) comments regarding this document. Building 31, 31 Center Drive, Conference Contact Person: Brandt R. Burgess, PhD, Submit a single copy of electronic Room 6, Bethesda, MD 20892. Scientific Review Officer, Scientific Review comments or two paper copies of any Contact Person: Laura K. Moen, PhD, Program, Division of Extramural Activities, Director, Division of Extramural Research National Institutes of Health/NIAID, 6700B mailed comments, except that Activities, NIAMS/NIH, 6701 Democracy individuals may submit one paper copy. Rockledge Drive, MSC 7616, Bethdesda, MD Blvd., Ste. 800, Bethesda, MD 20892, 301– 20892–7616, 301–451–2584, Comments are to be identified with the 451–6515, [email protected]. [email protected]. docket number found in brackets in the Any interested person may file written comments with the committee by forwarding Name of Committee: National Institute of heading of this document. Received Allergy and Infectious Diseases Special comments may be seen in the Division the statement to the Contact Person listed on this notice. The statement should include the Emphasis Panel, Emergence and Evolution of of Dockets Management between 9 a.m. Coronavirus Pathogens. and 4 p.m., Monday through Friday. name, address, telephone number and when applicable, the business or professional Date: June 15, 2010. Dated: May 17, 2010. affiliation of the interested person. Time: 1 p.m. to 5 p.m. Agenda: To review and evaluate grant Leslie Kux, In the interest of security, NIH has applications. Acting Assistant Commissioner for Policy. instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, Place: National Institutes of Health, 6700B [FR Doc. 2010–12098 Filed 5–19–10; 8:45 am] including taxicabs, hotel, and airport shuttles Rockledge Drive, 3201, Bethesda, MD 20817. BILLING CODE 4160–01–S will be inspected before being allowed on (Telephone Conference Call) campus. Visitors will be asked to show one Contact Person: Brandt R. Burgess, PhD, form of identification (for example, a Scientific Review Officer, Scientific Review DEPARTMENT OF HEALTH AND government-issued photo ID, driver’s license, Program, Division of Extramural Activities, HUMAN SERVICES or passport) and to state the purpose of their National Institutes of Health/NIAID, 6700B visit. Rockledge Drive, MSC 7616, Bethdesda, MD 20892–7616, 301–451–2584, National Institutes of Health (Catalogue of Federal Domestic Assistance [email protected]. Program Nos. 93.846, Arthritis, National Institute of Arthritis and Musculoskeletal and Skin Diseases Research, (Catalogue of Federal Domestic Assistance Musculoskeletal and Skin Diseases; National Institutes of Health, HHS) Program Nos. 93.855, Allergy, Immunology, Notice of Meeting and Transplantation Research; 93.856, Dated: May 14, 2010. Microbiology and Infectious Diseases Pursuant to section 10(d) of the Jennifer Spaeth, Research, National Institutes of Health, HHS) Federal Advisory Committee Act, as Director, Office of Federal Advisory Dated: May 14, 2010. Committee Policy. amended (5 U.S.C. App.), notice is Jennifer Spaeth, [FR Doc. 2010–12151 Filed 5–19–10; 8:45 am] hereby given of a meeting of the Director, Office of Federal Advisory National Arthritis and Musculoskeletal BILLING CODE 4140–01–P Committee Policy. and Skin Diseases Advisory Council. [FR Doc. 2010–12156 Filed 5–19–10; 8:45 am] The meeting will be open to the public as indicated below, with DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P attendance limited to space available. HUMAN SERVICES Individuals who plan to attend and National Institutes of Health DEPARTMENT OF HEALTH AND need special assistance, such as sign HUMAN SERVICES language interpretation or other National Institute of Allergy and reasonable accommodations, should Infectious Diseases; Notice of Closed National Institutes of Health notify the Contact Person listed below Meetings in advance of the meeting. National Heart, Lung, and Blood The meeting will be closed to the Pursuant to section 10(d) of the Institute; Notice of Closed Meetings public in accordance with the Federal Advisory Committee Act, as provisions set forth in sections amended (5 U.S.C. App.), notice is Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., hereby given of the following meetings. Federal Advisory Committee Act, as as amended. The grant applications and The meetings will be closed to the amended (5 U.S.C. App.), notice is the discussions could disclose public in accordance with the hereby given of the following meetings. confidential trade secrets or commercial provisions set forth in sections The meetings will be closed to the property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the and personal information concerning as amended. The grant applications and provisions set forth in sections individuals associated with the grant the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which confidential trade secrets or commercial as amended. The grant applications and would constitute a clearly unwarranted property such as patentable material, the discussions could disclose invasion of personal privacy. and personal information concerning confidential trade secrets or commercial Name of Committee: National Arthritis and individuals associated with the grant property such as patentable material, Musculoskeletal and Skin Diseases Advisory applications, the disclosure of which and personal information concerning Council. would constitute a clearly unwarranted individuals associated with the grant Date: June 15, 2010. invasion of personal privacy. applications, the disclosure of which

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would constitute a clearly unwarranted Cellular and Molecular Mechanisms of Dated: May 17, 2010. invasion of personal privacy. Arterial Stiffening and Its Relationship to Jennifer Spaeth, Development of Hypertension. Name of Committee: National Heart, Lung, Director, Office of Federal Advisory Date: June 17, 2010. and Blood Institute Special Emphasis Panel; Committee Policy. Reducing Cardiovascular Disease Risk Time: 8 a.m. to 5 p.m. [FR Doc. 2010–12145 Filed 5–19–10; 8:45 am] Agenda: To review and evaluate grant Through Treatment of Obstructive Sleep BILLING CODE 4140–01–P Apnea. applications. Date: June 3, 2010. Place: Bethesda Marriott, 5151 Pooks Hill Time: 8 a.m. to 5 p.m. Road, Bethesda, MD 20814. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant Contact Person: Robert T. Su, PhD, HUMAN SERVICES applications. Scientific Review Officer, Review Branch/ Place: Renaissance Harborplace Hotel, 202 DERA, National Heart, Lung, and Blood National Institutes of Health East Pratt Street, Baltimore, MD 21202. Institute, 6701 Rockledge Drive, Room 7202, Contact Person: David A Wilson, PhD, Bethesda, MD 20892–7924, 301–435–0297, Center for Scientific Review; Amended Scientific Review Officer, Review Branch/ [email protected]. DERA, National Heart, Lung, and Blood Notice of Meeting Name of Committee: National Heart, Lung, Institute, 6701 Rockledge Drive, Room 7204, Notice is hereby given of a change in Bethesda, MD 20892–7924, 301–435–0299, and Blood Institute Special Emphasis Panel; [email protected]. Clinical Investigator and Research Scientist the meeting of the Center for Scientific Review Special Emphasis Panel, June 4, Name of Committee: National Heart, Lung, Career Development Awards. and Blood Institute Special Emphasis Panel; Date: June 17–18, 2010. 2010, 2 p.m. to June 4, 2010, 4 p.m., Planning Grants for Clinical Trials of Novel Time: 8 a.m. to 1:00 p.m. Grand Hyatt Seattle, 721 Pine Street, Therapies in Lung Transplantation. Agenda: To review and evaluate grant Seattle, WA 98101 which was published Date: June 3, 2010. applications. in the Federal Register on May 11, Time: 8 a.m. to 5 p.m. Place: Courtyard Marriott Crystal City, 2010, 75 FR 26261–26262. Agenda: To review and evaluate grant 2899 Jefferson Davis Highway, Arlington, VA The meeting has been changed to a applications. 22202. telephone assisted meeting at the Place: Doubletree Hotel Bethesda Contact Person: Robert Blaine Moore, PhD, National Institutes of Health, 6701 (Formerly Holiday Inn Select), 8120 Scientific Review Officer, Review Branch/ Rockledge Drive, Bethesda, MD 20892. Wisconsin Avenue, Bethesda, MD 20814. DERA, National Heart, Lung, and Blood Contact Person: Keary A Cope, PhD, The meeting date and time have been Institute, National Institutes of Health, 6701 Scientific Review Officer, Office of Scientific changed to June 11, 2010, from 1 p.m. Review, National Heart, Lung, and Blood Rockledge Drive, Room 7213, Bethesda, MD to 2 p.m. The meeting is closed to the Institute, 6701 Rockledge Drive, Room 7190, 20892, 301–594–8394, public. Bethesda, MD 20892–7924, (301) 435–2222, [email protected]. Dated: May 14, 2010. [email protected]. (Catalogue of Federal Domestic Assistance Jennifer Spaeth, Name of Committee: National Heart, Lung, Program Nos. 93.233, National Center for and Blood Institute Special Emphasis Panel; Sleep Disorders Research; 93.837, Heart and Director, Office of Federal Advisory Phase II Clinical Trials of Novel Therapies for Vascular Diseases Research; 93.838, Lung Committee Policy. Lung Diseases. Diseases Research; 93.839, Blood Diseases [FR Doc. 2010–12143 Filed 5–19–10; 8:45 am] Date: June 10, 2010. and Resources Research, National Institutes BILLING CODE 4140–01–P Time: 8:30 a.m. to 5 p.m. of Health, HHS) Agenda: To review and evaluate grant Dated: May 14, 2010. applications. DEPARTMENT OF HEALTH AND Place: Hyatt Regency Bethesda, One Jennifer Spaeth, HUMAN SERVICES Bethesda Metro Center, 7400 Wisconsin Director, Office of Federal Advisory Avenue, Bethesda, MD 20814. Committee Policy. Centers for Disease Control and Contact Person: YingYing Li-Smerin, MD, PhD, Scientific [FR Doc. 2010–12150 Filed 5–19–10; 8:45 am] Prevention Review Officer, Office of Scientific Review, BILLING CODE 4140–01–P National Heart, Lung, and Blood Institute, Disease, Disability, and Injury National Institutes of Health, 6701 Rockledge Prevention and Control Special Drive, Room 7184, Bethesda, MD 20892– DEPARTMENT OF HEALTH AND Emphasis Panel (SEP): Improved 7924, 301–435–0277, HUMAN SERVICES Diagnostics for Lyme Borreliosis, [email protected]. Funding Opportunity Announcement Name of Committee: National Heart, Lung, National Institutes of Health (FOA) CK10–005; Initial Review and Blood Institute Special Emphasis Panel; Coordination Core for Programs to Increase Center for Scientific Review; Amended In accordance with Section 10(a)(2) of Diversity Among Individuals Engaged in Notice of Meeting the Federal Advisory Committee Act Health-Related Research (PRIDE). (Pub. L. 92–463), the Centers for Disease Date: June 16, 2010. Notice is hereby given of a change in Control and Prevention (CDC) Time: 8:30 a.m. to 5 p.m. announces the aforementioned meeting: Agenda: To review and evaluate grant the meeting of the Clinical Neuroscience applications. and Neurodegeneration Study Section, TIME AND DATE: 12 p.m.–3 p.m., June 22, Place: Hyatt Regency Bethesda, One June 3, 2010, 8 a.m. to June 4, 2010, 5 2010 (Closed). Bethesda Metro Center, 7400 Wisconsin p.m., Washington Plaza Hotel, 10 PLACE: Teleconference. Avenue, Bethesda, MD 20814. Thomas Circle, NW., Washington, DC STATUS: The meeting will be closed to Contact Person: Stephanie J. Webb, PhD, 20005 which was published in the the public in accordance with Scientific Review Officer, Review Branch/ Federal Register on May 7, 2010, 75 FR provisions set forth in Section DERA, National Heart, Lung, and Blood 25273–25275. Institute, 6701 Rockledge Drive, Room 7196, 552b(c)(4) and (6), Title 5 U.S.C., and Bethesda, MD 20892, 301–435–0291, The meeting will be one day only, the Determination of the Director, [email protected]. June 3, 2010, from 8 a.m. to 6:30 p.m. Management Analysis and Services Name of Committee: National Heart, Lung, The meeting location remains the same. Office, CDC, pursuant to Public Law 92– and Blood Institute Special Emphasis Panel; The meeting is closed to the public. 463.

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MATTERS TO BE DISCUSSED: The meeting Place: National Institutes of Health, provisions set forth in sections will include the initial review, Building 31, Conference Room 6, 9000 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., discussion, and evaluation of Rockville Pike, Bethesda, MD 20892. as amended. The grant applications and applications received in response to Open: 9:30 a.m. to 5 p.m. the discussions could disclose Agenda: Among the topics proposed for ‘‘Improved Diagnostics Lyme discussion are: (1) NIH Director’s Report; (2) confidential trade secrets or commercial Borreliosis,’’ FOA CK10–005. Work Group for Human Embryonic Stem Cell property such as patentable material, FOR MORE INFORMATION CONTACT: Review; (3) Work Group on Outside Awards and personal information concerning Christine J. Morrison, PhD, Scientific for NIH Employees. individuals associated with the grant Review Officer, CDC, 1600 Clifton Road, Place: National Institutes of Health, applications, the disclosure of which Building 31, Conference Room 6, 9000 NE., Mailstop D72, Atlanta, GA 30333, would constitute a clearly unwarranted Rockville Pike, Bethesda, MD 20852. invasion of personal privacy. Telephone: (404) 639–3098. Contact Person: Penny W. Burgoon, PhD, The Director, Management Analysis Senior Assistant to the Deputy Director, Name of Committee: National Center for and Services Office, has been delegated Office of the Director, National Institutes of Research Resources Special Emphasis Panel. the authority to sign Federal Register Health, 1 Center Drive, Building 1, Room Date: June 1, 2010. 114, Bethesda, MD 20892. Time: 11 a.m. to 1 p.m. notices pertaining to announcements of Agenda: To review and evaluate grant meetings and other committee Any interested person may file written comments with the committee by forwarding applications. management activities, for both CDC the statement to the Contact Person listed on Place: National Institutes of Health, NCRR, and the Agency for Toxic Substances this notice. The statement should include the OR, One Democracy Plaza, 6701 Democracy and Disease Registry. name, address, telephone number and when Blvd., Rm. 1064, Bethesda, MD 20892. Contact Person: Guo Zhang, MD, PhD, Dated: May 6, 2010. applicable, the business or professional affiliation of the interested person. Scientific Review Officer, Office of Review, Elaine L. Baker, In the interest of security, NIH has National Center for Research Resources, Director, Management Analysis and Services instituted stringent procedures for entrance National Institutes of Health, 6701 Office, Centers for Disease Control and onto the NIH campus. All visitor vehicles, Democracy Blvd., 1 Democracy Plaza, Rm. Prevention. including taxicabs, hotel, and airport shuttles 1064, Bethesda, MD 20892–4874, 301–435– [FR Doc. 2010–12167 Filed 5–19–10; 8:45 am] will be inspected before being allowed on 0812, [email protected]. This notice is being published less than 15 BILLING CODE 4163–18–P campus. Visitors will be asked to show one form of identification (for example, a days prior to the meeting due to the urgent government-issued photo ID, driver’s license, need to meet timing limitations imposed by the intramural research review cycle. DEPARTMENT OF HEALTH AND or passport) and to state the purpose of their (Catalogue of Federal Domestic Assistance HUMAN SERVICES visit. Information is also available on the Office Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical National Institutes of Health of the Director’s home page: http:// www.nih.gov/about/director/acd.htm, where Technology; 93.389, Research Infrastructure; 93.306, 93.333, 93.702, ARRA Related Office of the Director, National an agenda and any additional information for the meeting will be posted when available. Construction Awards, National Institutes of Institutes of Health; Notice of Meeting (Catalogue of Federal Domestic Assistance Health, HHS) Pursuant to section 10(d) of the Program Nos. 93.14, Intramural Research Dated: May 14, 2010. Training Award; 93.22, Clinical Research Federal Advisory Committee Act, as Jennifer Spaeth, Loan Repayment Program for Individuals amended (5 U.S.C. App.), notice is from Disadvantaged Backgrounds; 93.232, Director, Office of Federal Advisory hereby given of the following meeting. Loan Repayment Program for Research Committee Policy. The meeting will be closed to the Generally; 93.39, Academic Research [FR Doc. 2010–12159 Filed 5–19–10; 8:45 am] public in accordance with the Enhancement Award; 93.936, NIH Acquired BILLING CODE 4140–01–P provisions set forth in sections Immunodeficiency Syndrome Research Loan 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Repayment Program; 93.187, Undergraduate as amended. The grant applications and Scholarship Program for Individuals from DEPARTMENT OF HEALTH AND the discussions could disclose Disadvantaged Backgrounds, National HUMAN SERVICES Institutes of Health, HHS) confidential trade secrets or commercial property such as patentable materials, Dated: May 14, 2010. National Institutes of Health and personal information concerning Jennifer Spaeth, National Center on Minority Health and individuals associated with the grant Director, Office of Federal Advisory Health Disparities; Notice of Meeting applications, the disclosure of which Committee Policy. would constitute a clearly unwarranted [FR Doc. 2010–12160 Filed 5–19–10; 8:45 am] Pursuant to section 10(d) of the invasion of personal privacy. BILLING CODE 4140–01–P Federal Advisory Committee Act, as The meeting will be open to the amended (5 U.S.C. App.), notice is public as indicated below, with hereby given of a meeting of the attendance limited to space available. DEPARTMENT OF HEALTH AND National Advisory Council on Minority Individuals who plan to attend and HUMAN SERVICES Health and Health Disparities. need special assistance, such as sign The meeting will be open to the National Institutes of Health language interpretation or other public as indicated below, with reasonable accommodations, should National Center for Research attendance limited to space available. notify the Contact Person listed below Resources; Notice of Closed Meeting Individuals who plan to attend and in advance of the meeting. need special assistance, such as sign Name of Committee: Advisory Committee Pursuant to section 10(d) of the language interpretation or other to the Director, NIH. Federal Advisory Committee Act, as reasonable accommodations, should Date: June 10, 2010. amended (5 U.S.C. App.), notice is notify the Contact Person listed below Closed: 8:30 a.m. to 9:30 p.m. hereby given of the following meeting. in advance of the meeting. Agenda: The ACD review of the Pioneer The meeting will be closed to the The meeting will be closed to the and Innovator Awards. public in accordance with the public in accordance with the

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provisions set forth in sections DEPARTMENT OF HEALTH AND community health center funded by 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES section 330 of the Public Health Service as amended. The grant applications Act. As of January 1, 2010, the Maria and/or contract proposals and the Health Resources and Services Parham Medical Center has contracted discussions could disclose confidential Administration with the Rural Health Group to provide trade secrets or commercial property services temporarily, and the program Part C Early Intervention Services such as patentable material, and staff has been transferred to the Rural Grant Under the Ryan White HIV/AIDS personal information concerning Health Group. The Rural Health Group Program individuals associated with the grant can ensure comprehensive services are applications and/or contract proposals, AGENCY: Health Resources and Services provided including primary medical the disclosure of which would Administration (HRSA), HHS . care including antiretroviral therapies; prevention education and medication constitute a clearly unwarranted ACTION: Notice of Non-competitive invasion of personal privacy. Award of Part C Funds for the Rural adherence teaching; referrals for mental Health Group. health, substance abuse and dental Name of Committee: National Advisory services; and on-site medical HIV case Council on Minority Health and Health SUMMARY: HRSA will be awarding non- management services. The additional Disparities. competitively Part C funds to support funding provided would enhance Date: June 8, 2010. comprehensive primary care services for retaining the targeted population in Closed: 8 a.m. to 9 a.m. care. The Rural Health Group is able to Agenda: To review and evaluate grant persons living with HIV/AIDS, provide critical services with the least applications and/or proposals. including primary medical care, amount of disruption to the service Place: Bethesda Marriott Suites, 6711 laboratory testing, oral health care, population while the service area is re- Democracy Boulevard, Bethesda, MD 20817. outpatient mental health and substance competed. Open: 9 a.m. to 5 p.m. abuse treatment, specialty and This supplement will cover the time Agenda: The agenda will include opening subspecialty care, referrals for health remarks, administrative matters, Director’s and support services and adherence period from April 1, 2010, through June Report, NIH Health Disparities update, and monitoring/education services to the 30, 2011. This service area will be other business of the Council. Rural Health Group in order to ensure included in the upcoming competition Place: Bethesda Marriott Suites, 6711 continuity of critical HIV medical care for the Part C HIV Early Intervention Democracy Boulevard, Bethesda, MD 20817. and treatment services, and to avoid a Services for project periods starting July, Contact Person: Donna Brooks, Asst. disruption of HIV clinical care to clients 2011. Director for Administration, National Center in Henderson, North Carolina, and the FOR FURTHER INFORMATION CONTACT: on Minority Health and Heath Disparities, surrounding counties. Kathleen Treat, by e-mail National Institutes of Health, 6707 SUPPLEMENTARY INFORMATION: [email protected], or by phone at 301– Democracy Blvd., Suite 800, Bethesda, MD Grantee of record: Maria Parham 443–7602. 20892, (301) 435–2135. Medical Center, Henderson, North Dated: May 12, 2010. Carolina. Mary K. Wakefield, Any member of the public interested Intended recipient of the award: Rural Administrator. in presenting oral comments to the Health Group, Roanoke Rapids, North committee may notify the Contact Carolina. [FR Doc. 2010–12047 Filed 5–19–10; 8:45 am] Person listed on this notice at least 10 Amount of the award: $426,562 to BILLING CODE 4165–15–P days in advance of the meeting. ensure ongoing clinical services to the Interested individuals and target population. representatives of organizations may DEPARTMENT OF HEALTH AND Authority: Section 2651 of the Public HUMAN SERVICES submit a letter of intent, a brief Health Service Act, 42 U.S.C. 300ff-51. description of the organization CFDA Number: 93.918. Food and Drug Administration represented, and a short description of Project period: April 1, 2010, to June the oral presentation. Only one 30, 2011. The period of support for this [Docket No. FDA–2010–N–0085] representative of an organization may be award is from April 1, 2010, to June 30, Preventive Controls for Fresh Produce; allowed to present oral comments and if 2011. Request for Comments; Extension of accepted by the committee, the Comment Period presentations may be limited to five Justification for the Exception to Competition minutes. Both printed and electronic AGENCY: Food and Drug Administration, copies are requested for the record. In Critical funding for HIV medical care HHS. addition, any interested person may file and treatment services to clients in ACTION: Notice; extension of the written comments with the committee northern North Carolina will be comment period. by forwarding their statement to the continued through a non-competitive Contact Person listed on this notice. The award to the Rural Health Group, SUMMARY: The Food and Drug statement should include the name, because it has the fiscal and Administration (FDA) is extending to address, telephone number and when administrative infrastructure to July 23, 2010, the comment period for applicable, the business or professional administer the Part C Grant. This is a a notice that appeared in the Federal affiliation of the interested person. temporary replacement award, as the Register of February 23, 2010 (75 FR previous grant recipient serving this 8086). In that notice, FDA established a Dated: May 14, 2010. population notified HRSA that it could docket to obtain comments and Jennifer Spaeth, not continue providing services after information about current practices and Director, Office of Federal Advisory March 31, 2010. HRSA’s HIV/AIDS conditions for the production and Committee Policy. Bureau identified the Rural Health packing of fresh produce. The agency is [FR Doc. 2010–12153 Filed 5–19–10; 8:45 am] Group as the best qualified entity for extending this comment period to give BILLING CODE 4140–01–P this temporary grant, because it is a interested parties additional time to

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provide the information requested by DEPARTMENT OF HEALTH AND 09–30–0033 Correspondence Files, FDA in that notice. HUMAN SERVICES HHS/SAMHSA/OA; Published in the Federal Register, Vol. 64, No. DATES: Submit electronic or written Substance Abuse and Mental Health 11, Tuesday, January 19, 1999 comments by July 23, 2010. Services Administration (pages 2909–2918). ADDRESSES: Submit electronic 09–30–0036 Alcohol, Drug Abuse, and Privacy Act of 1974; Report of Systems comments to http:// Mental Health Epidemiologic Data, of Record Notices www.regulations.gov. Submit written HHS/SAMHSA/OA; Published in comments to the Division of Dockets AGENCY: Substance Abuse and Mental the Federal Register, Vol. 64, No. Management (HFA–305), Food and Drug Health Services Administration 11, Tuesday, January 19, 1999 Administration, 5630 Fishers Lane, rm. (SAMHSA), HHS. (pages 2909–2918). 1061, Rockville, MD 20852. ACTION: Privacy Act: Notice to add a new 09–30–0049 Consultant Records routine use to all SAMHSA Systems of Maintained by SAMHSA FOR FURTHER INFORMATION CONTACT: Record Notices (SORNs) and Retire 2 Contractors, HHS/SAMHSA/OA; Michelle A. Smith, Center for Food Outdated SORNs. Published in the Federal Register, Safety and Applied Nutrition (HFS– Vol. 64, No. 11, Tuesday, January 317), Food and Drug Administration, SUMMARY: In accordance with the 19, 1999 (pages 2909–2918). 5100 Paint Branch Pkwy., College Park, requirements of the Privacy Act 09–30–0051 SAMHSA Information MD 20740–3835, 301–436–2024. SAMHSA proposes to add a new routine Mailing System (SIMS), HHS/ use to its inventory of SORNs subject to SAMHSA/OA; Published in the SUPPLEMENTARY INFORMATION: the Privacy Act of 1974 (Title 5 United Federal Register, Vol. 66, No. 62, I. Background States Code [U.S.C.] 552a) authorizing Friday, March 30, 2001 (p. 17434). disclosure of individually identifiable 09–30–0052 SAMHSA Opioid In the Federal Register of February information to assist in efforts to Treatment Waiver Notification 23, 2010 (75 FR 8086), FDA announced respond to a suspected or confirmed System (OTWNS); Published in the the opening of a docket to obtain breach of the security or confidentiality Federal Register, Vol. 67, No. 80, information about current practices and of information maintained in these Thursday, April 25, 2002 (pages conditions for the production and systems of records. The new routine use 20542–20544). packing of fresh produce. FDA will be prioritized in the next established this docket to provide an consecutive numbered order of routine Retired Systems of Records Notices opportunity for interested persons to uses in each system notice and will be The following SORNs have been provide comments and information and included in the next published notice as retired (e.g., deleted): share views that will inform the part of SAMHSA’s normal SORN review 09–30–0029 Records of Guest Workers, development of safety standards for process. HHS/SAMHSA/OPS; Published in fresh produce at the farm and packing SAMHSA also deleted two outdated, the Federal Register, Vol. 64, No. house and strategies and cooperative obsolete SORNs. 11, Tuesday, January 19, 1999 efforts to ensure compliance. Routine Uses of Records (pages 2909–2918). 09–30–0047 Patient Records of FDA is extending the comment period The following SORNs have been Chronic Mentally Ill Merchant until July 23, 2010. The agency believes updated to include the routine use Seaman Treated at Nursing Homes that this additional time is necessary to below: give interested parties sufficient time to ‘‘To appropriate Federal agencies and in Lexington, Kentucky (1942 to the respond to the general topic categories Department contractors that have a Present), HHS/SAMHSA/CMHS; Published in the Federal Register, set forth in the February notice. need to know the information for the Vol. 64, No. 11, Tuesday, January The agency will consider information purpose of assisting the Department’s efforts to respond to a suspected or 19, 1999 (pages 2909–2918). submitted to the docket in developing DATES: Effective Date: The new routine safety standards for fresh produce. confirmed breach of the security or confidentiality of information use and SORN deletions will be II. Request for Comments maintained in this system of records, effective on April 12, 2010. and the information disclosed is SUPPLEMENTARY INFORMATION: On May Interested persons may submit to the relevant and necessary for that 22, 2007, the Office of Management and Division of Dockets Management (see assistance.’’ Budget (OMB) released Memoranda (M) ADDRESSES) either electronic or written 09–30–0023 Records of Contracts 07–16, Safeguarding Against and comments regarding this document. It is Awarded to Individuals, HHS/ Responding to the Breach of Personally only necessary to send one set of SAMHSA/OA; Published in the Identifiable Information. HHS convened comments. It is no longer necessary to Federal Register, Vol. 64, No. 11, a leadership committee composed of send two copies of mailed comments. Tuesday, January 19, 1999 (pages members from the Office of the Chief Identify comments with the docket 2909–2918). Information Officer (OCIO), the office of number found in brackets in the 09–30–0027 Grants and Cooperative Assistant Secretary for Public Affairs heading of this document. Received Agreements: Research, Research (ASPA), and the Office of the Assistant comments may be seen in the Division Training, Research Scientist Secretary for Planning and Evaluation of Dockets Management between 9 a.m. Development, Service, Education, (ASPE) in order to formulate a response and 4 p.m., Monday through Friday. Demonstration, Prevention, plan for the newly established Dated: May 17, 2010. Fellowships, Clinical Training, requirements. The final response plan Community Services Programs, was signed by the HHS Chief Leslie Kux, HHS/SAMHSA/OA; Published in Information Officer (CIO), Mike Acting Assistant Commissioner for Policy. the Federal Register, Vol. 64, No. Carleton, and submitted to OMB on [FR Doc. 2010–12081 Filed 5–19–10; 8:45 am] 11, Tuesday, January 19, 1999 September 19. As required by the BILLING CODE 4160–01–S (pages 2909–2918). memorandum, and to comply with the

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‘‘Incident Reporting and Handling 96–422; Executive Order 12341; and (d) to agents of the Department and to Requirements,’’ all Operations and Staff Disaster Relief Act of 1974, section 413. other third parties to help locate him/ Divisions are instructed to incorporate Public Law 93–288, as amended by her in order to help collect or the suggested routine use language as a section 416 of the Robert T. Stafford compromise a debt; part of their normal SORN review Disaster Relief and Emergency (e) to debt collection agents under 31 process. Assistance Act. Public Law 100–107. U.S.C. 3718 or under common law to help collect a debt; and Contact Information PURPOSE(S) OF THE SYSTEM: (f) to the Justice Department for The public should address comments To document the history of each litigation or further administrative to: Bill Reed, SAMHSA Chief contract procurement action and award action. Information Officer, 1 Choke Cherry made within SAMHSA to an individual. Disclosure under part (d) of this Road, Room 3–1097, Rockville, MD, The records are also used by contract routine use is limited to the individual’s 20857, Telephone: (240) 276–1134. review committee members when name, address, Social Security number, Comments received will be available evaluating a proposal submitted by an and other information necessary to for review at this location, by individual. identify him/her. Disclosure under parts appointment, during regular business (a)–(c) and (e) is limited to those items; ROUTINE USES OF RECORDS MAINTAINED IN THE hours (Monday through Friday 9 a.m.— the amount, status, and history of the SYSTEM, INCLUDING CATEGORIES OF USERS AND claim; and the agency or program under 3 p.m., Eastern Time Zone). THE PURPOSES OF SUCH USES: which the claim arose. An address Dated: May 6, 2010. 1. Disclosure may be made to a obtained from IRS may be disclosed to Bill Reed, congressional office from the record of a credit reporting agency under part (d) SAMHSA Chief Information Officer, an individual in response to a verified only for purposes of preparing a [email protected]. inquiry from the congressional office commercial credit report on the made at the written request of that PRIVACY ACT SYSTEM NOTICE: 09–30– individual. Part (a) applies to claims or 0023i individual. debts arising or payable under the 2. The Department of Health and Social Security Act if and only if the SYSTEM NAME: Human Services (HHS) may disclose employee consents in writing to the Records of Contracts Awarded to information from this system of records offset. Individuals (HHS/SAMHSA/OPS). to the Department of Justice, or to a 4. SAMHSA may disclose information court or other tribunal, when (a) HHS, from its records in this system to SECURITY CLASSIFICATION: or any component thereof; or (b) any consumer reporting agencies in order to None. HHS employee in his or her official obtain credit reports to verify credit capacity; or (c) any HHS employee in SYSTEM LOCATION: worthiness of contract applicants. his or her individual capacity where the Permissible disclosures include name, Director, Division of Contracts Department of Justice (or HHS, where it address, Social Security number or Management, Office of Program is authorized to do so) has agreed to other information necessary to identify Services, Substance Abuse and Mental represent the employee; or (d) the the individual; the funding being Health Services Administration, 1 United States or any agency thereof sought; and the program for which the Choke Cherry Road, Rm., 7–1053, where HHS determines that the information is being obtained. Rockville, Maryland 20857. litigation is likely to affect HHS or any 5. When a debt becomes partly or CATEGORIES OF INDIVIDUALS COVERED BY THE of its components, is a party to litigation wholly uncollectible, either because the SYSTEM: or has an interest in such litigation, and time period for collection under the An individual who receives a contract HHS determines that the use of such statute of limitations has expired or as well as individuals who apply or records by the Department of Justice, the because the Government agrees with the compete for an award but do not receive court or other tribunal is relevant and individual to forgive or compromise the the award and their consultants. necessary to the litigation and would debt, a record from this system of help in the effective representation of records may be disclosed to the Internal CATEGORIES OF RECORDS IN THE SYSTEM: the governmental party, provided Revenue Service to report the written- Curriculum vitae, salary information, however, that in each case, HHS off amount as taxable income to the evaluations of proposals by contract determines that such disclosure is individual. review committees. compatible with the purpose for which 6. A record from this system may be the records were collected. disclosed to another Federal agency that AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 3. A record from this system may be has asked the Department to effect an SAMHSA: Public Health Service Act, disclosed to the following entities in administrative offset under common law sections 301 (42 U.S.C. 241), 322 (42 order to help collect a debt owed the or under 31 U.S.C. 3716 to help collect U.S.C. 249(c)), and 501–05 (42 U.S.C. United States: a debt owed the United States. 290aa et seq.). CSAT: Center for (a) To another Federal agency so that Disclosure under this routine use is Substance Abuse Treatment, Section agency can effect a salary offset; limited to: name, address, Social 507–12 (42 U.S.C. 290bb et seq.). CSAP: (b) to another Federal agency so that Security number, and other information Center for Substance Abuse Prevention, agency can effect an administrative necessary to identify the individual, Section 515–8 (42 U.S.C. 290bb–21 et offset under common law or under 31 information about the money payable to seq.). CMHS: Center for Mental Health U.S.C. 3716 (withholding from money or held for the individual, and other Services, Section 520–35 (42 U.S.C. payable to, or held on behalf of, the information concerning the 290bb–31 et seq.). Protection and individual); administrative offset. Advocacy for Individuals with Mental (c) to the Treasury Department, 7. SAMHSA may disclose from this Health Illness Act of 1986 as amended Internal Revenue Service (IRS), to system of records to the Department of (42 U.S.C. 10801 et seq.); Refugee request his/her mailing address to locate Treasury, Internal Revenue Service Education Assistance Act 1980, section him/her or in order to have a credit (IRS): (1) A delinquent debtor’s name, 501(c) (8 U.S.C. 1522 note). Public Law report prepared; address, Social Security number, and

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other information necessary to identify 4. Implementation Guidelines: DHHS 1 Published in the Federal Register, Vol. the debtor; (2) the amount of the debt; Chapter 45–13 of the General 64, No. 11, Tuesday, January 19, 1999 (pages and (3) the program under which the Administration Manual. 2909–2918). debt arose, so that IRS can offset against PRIVACY ACT SYSTEM NOTICE: 09–30– RETENTION AND DISPOSAL: the debt any income tax refunds which 0027 ii may be due to the debtor. a. Procurement or purchase copy, and 8. To appropriate Federal agencies related papers: SYSTEM NAME: and Department contractors that have a (1) Transactions of more than $25,000 Grants and Cooperative Agreements: need to know the information for the are destroyed 6 years and 3 months after Alcohol, Drug Abuse, and Mental purpose of assisting the Department’s final payment. Health Services Evaluation, Service, efforts to respond to a suspected or (2) Transactions of $25,000 or less are Demonstration, Education, Fellowship, confirmed breach of the security or destroyed 3 years after final payment. Training, Clinical Training, and confidentiality of information b. Other copies of records used by the Community Services Programs (HHS/ maintained in this system of records, Division of Contracts Management for SAMHSA/OA) and the information disclosed is administrative purposes are destroyed SECURITY CLASSIFICATION: relevant and necessary for that upon termination or completion. assistance. None. SYSTEM MANAGER(S) AND ADDRESS: SYSTEM LOCATION: DISCLOSURES TO CONSUMER REPORTING Director, Division of Contracts Director, Center for Substance Abuse AGENCIES: Management, Office of Program Disclosures may be made from this Prevention, Substance Abuse and Services, Substance Abuse and Mental Mental Health Services Administration, system to ‘‘consumer reporting agencies’’ Health Services Administration, as defined in the Fair Credit Reporting 1 Choke Cherry Road, Room 4–1057, 1 Choke Cherry Road, Rm. 7–1053, Rockville, Maryland 20857. Act (15 U.S.C. 1681 (F)) or the Federal Rockville, Maryland 20857. Claims Collection Act of 1966 (31 U.S.C. Director, Center for Substance Abuse 3701(a)(3)). The purpose of such NOTIFICATION PROCEDURE: Treatment, Substance Abuse and Mental Health Services Administration, disclosures is to provide an incentive To determine if a record exists, write 1 Choke Cherry Road, Room 5–1015, for debtors to repay delinquent Federal to the appropriate System Manager at Government debts by making these Rockville, Maryland 20857. the address above or appear in person Director, Center for Mental Health debts part of their credit records. to the Division of Contracts Services, Substance Abuse and Mental Information disclosed will be limited to Management. An individual may learn Health Services Administration, 1 name, Social Security number, address, if a record exists about himself/herself Choke Cherry Road, Room 6–1057, other information necessary to establish upon written request with notarized Rockville, Maryland 20857. the identity of the individual, and signature. The request should include, if amount, status, and history of the claim, known, contractor’s name, contract CATEGORIES OF INDIVIDUALS COVERED BY THE and the agency or program under which number, and approximate date contract SYSTEM: the claim arose. Such disclosures will was awarded. An individual who is the Principal investigators, program be made only after the procedural subject of records maintained in this directors, trainees, fellows, and other requirements of 31 U.S.C. 3711(f) have records system may also request an employees of applicant or grantee been met. accounting of all disclosures that have institutions. been made from that individual’s POLICIES AND PRACTICES FOR STORING, records, if any. CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND Grant and cooperative agreement DISPOSING OF RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: applications and review history, STORAGE: Same as notification procedures. including curriculum vitae, salary Documents are filed in manual files in Requesters should reasonably specify information, summary of review enclosed and/or locked file cabinets. the record contents being sought. An committee deliberations and supporting individual may also request an documents, progress reports, financial RETRIEVABILITY: accounting of disclosures of his/her records, and payback records of clinical Records are retrieved by contract record, if any. training awardees. number and cross indexed by individual’s name. CONTESTING RECORD PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Contact the official at the address SAMHSA: Public Health Service Act, SAFEGUARDS: specified under notification procedures Sections 301 (42 U.S.C. 241), 303 (42 1. Authorized Users: Federal contract above and reasonably identify the U.S.C. 242(a), 322 (42 U.S.C. 249(c), 501 and support personnel, Federal contract record, specify the information being (42 U.S.C. 290aa), 503 (42 U.S.C. 290aa– review staff and outside consultants contested, the corrective action sought, 2), and 505 (42 U.S.C. 290aa–4). CSAP: acting as peer reviewers of the project. along with supporting information to Center for Substance Abuse Prevention, 2. Physical Safeguards: All folders are show how the record is inaccurate, Section 515–18 (42 U.S.C. 290bb–21 et in file cabinets in a room that is locked incomplete, untimely, or irrelevant. seq.). CSAT: Center for Substance Abuse after business hours in a building with Treatment, Section 507–12 (42 U.S.C. controlled entry (picture identification). RECORD SOURCE CATEGORIES: 290bb et seq.). CMHS: Center for Mental Files are withdrawn from cabinet for Contract proposals and supporting Health Services, Sections 506 (42 U.S.C. Federal staff who have a need to know contract documents, contract review 290aa–5) and 520–35 (42 U.S.C. 290bb– by a sign in and out procedure. committees, site visitors. 31 et seq.). Protection and Advocacy for 3. Procedural Safeguards: Access to Individuals with Mental Illness Act of records is strictly limited to those staff SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 1986 as amended (42 U.S.C. 10801 et members trained in accordance with the OF THE ACT: seq.); Refugee Education Assistance Act Privacy Act. None. of 1980, Section 501 (c) (8 U.S.C. 1522

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note), Public Law 96–422; Executive agencies’ records, such as the Internal and other information necessary to Order 12341; and Disaster Relief Act of Revenue Service or the Civil Rights identify him/her. Disclosure under parts 1974, Section 413, Public Law 93–288, Commission, issue a subpoena to the (a)–(c) and (e) is limited to those items; as amended by Section of 416 of the Department for records in this system of the amount, status, and history of the Robert T. Stafford Disaster Relief and records, the Department will make such claim; and the agency or program under Emergency Assistance Act, Public Law records available. which the claim arose. An address 100–107. 6. Disclosure may be made to a obtained from IRS may be disclosed to congressional office from the record of a credit reporting agency under part (d) PURPOSE(S) OF THE SYSTEM: an individual in response to a verified only for the purpose of preparing a Records are maintained as official inquiry from the congressional office commercial credit report on the documentation relevant to the review, made at the written request of that individual. Part (a) applies to any claims award, and administration of grant individual. or debts arising or payable under the programs. Specifically, records are: (1) 7. The Department of Health and Social Security Act if and only if the Used by staff program and management Human Services (HHS) may disclose employee consents in writing to the specialists for purpose of awarding and information from this system of records offset. monitoring grant funds; and (2) used to to the Department of Justice, or to a 9. SAMHSA may disclose information maintain communication with former court or other tribunal, when (a) HHS, from its records in this system to trainees/fellows who have incurred an or any component thereof; or (b) any consumer reporting agencies in order to obligation for clinical training under HHS employee in his or her official obtain credit reports to verify credit Public Health Service Act, Section 303 capacity; or (c) any HHS employee in worthiness of grant/cooperative (42 U.S.C. 242a). his or her individual capacity where the agreement applicants. Permissible ROUTINE USES OF RECORDS MAINTAINED IN THE Department of Justice (or HHS, where it disclosures include name, address, SYSTEM, INCLUDING CATEGORIES OF USERS AND is authorized to do so) has agreed to Social Security number or other THE PURPOSES OF SUCH USES: represent the employee; or (d) the information necessary to identify the 1. Disclosure may be made to United States or any agency thereof individual; the funding being sought; qualified experts not within the where HHS determines that the and the program for which the definition of Department employees for litigation is likely to affect HHS or any information is being obtained. opinion during the application review of its components, is a party to litigation 10. When a debt becomes partly or process. or has an interest in such litigation, and wholly uncollectible, either because the 2. Disclosure may be made to HHS determines that the use of such time period for collection under the SAMHSA contractors for the purpose of records by the Department of Justice, the statute of limitations has expired or providing services related to the grant court or other tribunal is relevant and because the Government agrees with the review or for carrying out quality necessary to the litigation and would individual to forgive or compromise the assessment, program evaluation, and help in the effective representation of debt, a record from this system of management reviews. Contractors are the governmental party, provided that in records may be disclosed to the Internal required to maintain Privacy Act each case, HHS determines that such Revenue Service to report the written- safeguards with respect to the records. disclosure is compatible with the off amount as taxable income to the 3. In the event that a system of records purpose for which the records were individual. maintained by this agency to carry out collected. 11. A record from this system may be its functions indicates a violation or 8. A record from this system may be disclosed to another Federal agency that potential violation of law, whether civil, disclosed to the following entities in has asked the Department to effect an criminal or regulatory in nature, and order to help collect a debt owed the administrative offset under common law whether arising by statute, or by United States: or under 31 U.S.C. 3716 to help collect regulation, rule or order issued pursuant (a) To another Federal agency so that a debt owed the United States. thereto, the relevant records in the agency can effect a salary offset; Disclosure under this routine use is system of records may be referred, as a (b) to another Federal agency so that limited to: name, address, Social routine use, to the appropriate agency, agency can effect an administrative Security number, and other information whether Federal (e.g., the Department of offset under common law or under 31 necessary to identify the individual, Justice) or State (e.g., the State’s U.S.C. 3716 (withholding from money information about the money payable to Attorney’s Office), charged with the payable to, or held on behalf of, the or held for the individual, and other responsibility of investigating or individual); information concerning the prosecuting such violation or charged (c) to the Treasury Department, administrative offset. with enforcing or implementing the Internal Revenue Service (IRS), to 12. SAMHSA may disclose from this statute, or rule, regulation or order request his/her mailing address to locate system of records to the Department of issued pursuant thereto for litigation. him/her or in order to have a credit Treasury, Internal Revenue Service 4. Disclosure may be made to a report prepared; (IRS): (1) A delinquent debtor’s name, Federal agency, in response to its (d) to agents of the Department and to address, Social Security number, and request, in connection with the hiring or other third parties to help locate him/ other information necessary to identify retention of an employee, the issuance her in order to help collect or the debtor; (2) the amount of the debt; of a security clearance, the reporting of compromise a debt; and (3) the program under which the an investigation of an employee, the (e) to debt collection agents under 31 debt arose, so that IRS can offset against letting of a contract, or the issuance of U.S.C. 3718 or under common law to the debt any income tax refunds which a license, grant, or other benefit by the help collect a debt; and may be due to the debtor. requesting agency, to the extent that the (f) to the Justice Department for 13. To appropriate Federal agencies record is relevant and necessary to the litigation or further administrative and Department contractors that have a requesting agency’s decision on the action. need to know the information for the matter. Disclosure under part (d) of this purpose of assisting the Department’s 5. Where Federal agencies having the routine use is limited to the individual’s efforts to respond to a suspected or power to subpoena other Federal name, address, social security number confirmed breach of the security or

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confidentiality of information Administration Manual and Part 6, on whom the record is maintained, maintained in this system of records, ‘‘Automated Information Systems Federal advisory committees, site and the information disclosed is Security’’ of the Information Resources visitors, consultants, references. relevant and necessary for that Management Manual. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS assistance. RETENTION AND DISPOSAL: OF THE ACT: DISCLOSURES TO CONSUMER REPORTING a. Alcohol, Drug Abuse, and Mental None. AGENCIES: Health Services Evaluation, Services 1 Published in the Federal Register, Vol. Disclosures may be made from this and Demonstration Grants: A copy of 64, No. 11, Tuesday, January 19, 1999 (pages system to ‘‘consumer reporting agencies’’ the final report is offered to the National 2909–2918) as defined in the Fair Credit Reporting Archives and Records Administration Act (15 U.S.C. 1681 (f)) or the Federal when 10 years old. Other records are PRIVACY ACT SYSTEM NOTICE: 09–30– 0033 iii Claims Collection Act of 1966 (31 U.S.C. held two years after termination of 3701(a)(3)). The purpose of such support Suitland Road, Suitland, MD, SYSTEM NAME: disclosures is to provide an incentive 20409. Records are destroyed when 6 Correspondence Files (HHS/ for debtors to repay delinquent Federal years and 3 months old. SAMHSA/OA). Government debts by making these b. Education Grants: Records are held debts part of their credit records. 2 years after completion of grants SECURITY CLASSIFICATION: Information disclosed will be limited to activities and final audit and then None. name, Social Security number, address, transferred to the Washington National SYSTEM LOCATION: other information necessary to establish Records Center located at 4205 Suitland the identity of the individual, the Road, Suitland, MD 20409. Records are Office of the Administrator, Substance amount, status, and history of the claim, destroyed when 13 years old. Abuse and Mental Health Services and the agency or program under which c. Training Program Grants: Records Administration, 1 Choke Cherry Road, the claim arose. Such disclosures will are held 1 year after termination of Room, 8–1065, Rockville, Maryland be made only after the procedural support and final audit and then retired 20857. requirements of 31 U.S.C. 3711(f) have transferred to the Washington National Office of the Director, Center for been met. Records Center located at 4205 Suitland Substance Abuse Prevention, Substance Road, Suitland, MD 20409. Records are Abuse and Mental Health Services POLICIES AND PRACTICES FOR STORING, destroyed when 3 years old. Administration, 1 Choke Cherry Road, RETRIEVING, ACCESSING, RETAINING, AND d. Fellowships, Community Services Room, 4–1057, Rockville, Maryland DISPOSING OF RECORDS IN THE SYSTEM: Program Grants and Other Related 20857. STORAGE: Grants: Records are held 2 years after Office of the Director, Center for termination of support and final audit Substance Abuse Treatment, Substance Non-computerized documents are and then retired to the Washington Abuse and Mental Health Services filed in folders in enclosed file cabinets National Records Center located at 4205 Administration, 1 Choke Cherry Road, and open shelves. Computerized records Suitland Road, Suitland, MD 20409. Room, 5–1015, Rockville, Maryland exist in tape and disk form. Records are destroyed when 5 years old. 20857. RETRIEVABILITY: Office of the Director, Center for SYSTEM MANAGER(S) AND ADDRESS: Mental Health Services, Substance By grant numbers and cross-indexed Same as System Location. by name. Abuse and Mental Health Services NOTIFICATION PROCEDURE: Administration, 1 Choke Cherry Road, SAFEGUARDS: To determine if a record exists, write Room, 4–1057, Rockville, Maryland 1. Authorized Users: Access is limited to the appropriate System Manager at 20857. to the Director, Division of Grants the above address. Verifiable proof of CATEGORIES OF INDIVIDUALS COVERED BY THE Management, SAMHSA, and staff identity is required. SYSTEM: authorized by him/her: grants specialists, grants technicians, program RECORD ACCESS PROCEDURES: Individuals who request information officials, assigned computer personnel, Same as notification procedure. on SAMHSA programs. and possibly contractor staff including Requesters should also reasonably CATEGORIES OF RECORDS IN THE SYSTEM: specify the record contents being the project director and research Correspondence. associates. sought, and should provide the official 2. Physical Safeguards: Records are grant number when possible. An AUTHORITY FOR MAINTENANCE OF THE SYSTEM: maintained in a secured area. During individual may also request an SAMHSA: Public Health Service Act, normal work hours, area is staffed by accounting of disclosures of his/her Sections 301 (42 U.S.C. 241), 322 (42 authorized personnel who must show record, if any. U.S.C. 249(c)), and 501–05 (42 U.S.C. identification for entry. At other times, CONTESTING RECORD PROCEDURES: 290aa et seq.). CSAP: Center for the computer area is locked. Hard copy Contact the appropriate System Substance Abuse Prevention, Section files are stored in rooms which are Manager at the address specified above 515–8 (42 U.S.C. 290bb–21 et seq.). locked at night. A 24-hour security and reasonably identify the record, CSAT: Center for Substance Abuse guard patrols building. specify the information being contested, Treatment, Section 507–12 (42 U.S.C. 3. Procedural Safeguards: Computer the corrective action sought, along with 290bb et seq.). CMHS: Center for Mental records are password protected; supporting information to show how the Health Services, Sections 506 (42 U.S.C. passwords are changed periodically. record is inaccurate, incomplete, 290aa–5) and 520–35 (42 U.S.C. 290bb– Contractors working on computerized untimely, or irrelevant. 31 et seq.). Protection and Advocacy for records are given passwords to access Individuals with Mental Illness Act of data only on a need-to-know basis. RECORD SOURCE CATEGORIES: 1986 as amended (42 U.S.C. 1801 et 4. Implementation Guidelines: DHHS Applicants, grantees, fellows, seq.); Refugee Education Assistance Act Chapter 45–13 of the General trainees, personnel at grantee institution of 1980, Section 501(c) (8 U.S.C. 1522

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note), Public Law 96–422; Executive RETRIEVABILITY: CONTESTING RECORD PROCEDURES: Order 12341; and Disaster Relief Act of Hard copy records indexed Contact the appropriate official at the 1974, Section 413, Public Law 93–288, alphabetically by name and date of address specified under Notification as amended by Section 416 of the Robert outgoing correspondence, by subject, Procedures above and reasonably T. Stafford Disaster Relief and and/or by computerized numerical identify the record. Specify the Emergency Assistance Act Public Law code. Records are cross-referenced in information to be contested, and state 100–107. detail on computer. the corrective action sought, with supporting information to show how the PURPOSE(S) OF THE SYSTEM: SAFEGUARDS: record is inaccurate, incomplete, To provide reference retrieval and 1. Authorized Users: Authorized untimely, or irrelevant. control to assure timely and appropriate correspondence control staff in each attention. location and managers and supervisors RECORD SOURCE CATEGORIES: on a need-to-know basis. Records are derived from incoming ROUTINE USES OF RECORDS MAINTAINED IN THE 2. Physical Safeguards: Records are and outgoing correspondence. SYSTEM, INCLUDING CATEGORIES OF USERS AND maintained in file cabinets in a locked, THE PURPOSES OF SUCH USES: SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS secure location; computer system OF THE ACT: 1. Disclosure may be made to a records are secured through the use of congressional office from the record of passwords which are changed None. an individual in response to a verified frequently. 1 Published in the Federal Register, Vol. inquiry from the congressional office 3. Procedural Safeguards: Only 64, No. 11, Tuesday, January 19, 1999 (pages made at the request of that individual. authorized personnel have access to 2909–2918). 2. The Department of Health and files and passwords. PRIVACY ACT SYSTEM NOTICE: 09–30– Human Services (HHS) may disclose 4. Implementation Guidelines: DHHS 0036 iv information from this system of records Chapter 45–13 of the General to the Department of Justice, or to a Administration Manual and Part 6, SYSTEM NAME: court or other tribunal, when (a) HHS, ‘‘Automated Information Systems Alcohol, Drug Abuse, and Mental or any component thereof; or (b) any Security’’ in the HHS Information Health Epidemiologic Data (HHS/ HHS employee in his or her official Resources Management Manual. SAMHSA/OA). capacity; or (c) any HHS employee in his or her individual capacity where the RETENTION AND DISPOSAL: SECURITY CLASSIFICATION: Department of Justice (or HHS, where it Records which are pertinent are held None. is authorized to do so) has agreed to 5 years and then transferred to the SYSTEM LOCATION: represent the employee; or (d) the Washington National Records Center United States or any agency thereof (WNRC) located at 4205 Suitland Road, Records are located at facilities which where HHS determines that the Suitland, MD 20409. Records are collect or provide service evaluations litigation is likely to affect HHS or any destroyed when 10 years old. Other for this system under contract to the of its components, is a party to litigation material is destroyed when 2 years old. agency. Contractors may include, but or has an interest in such litigation, and Control forms are destroyed when 1 year are not limited to, research centers, HHS determines that the use of such old. clinics, hospitals, universities, research records by the Department of Justice, the foundations, national associations, and SYSTEM MANAGER(S) AND ADDRESS: court or other tribunal is relevant and coordinating centers. Records may also necessary to the litigation and would Same as system location; each system be located at the Office of Applied help in the effective representation of manager maintains full responsibility Studies, the Center for Substance Abuse the governmental party, provided for their specific correspondence Prevention, the Center for Substance however, that in each case, HHS system. Abuse Treatment, and the Center for Mental Health Services. A current list of determines that such disclosure is NOTIFICATION PROCEDURE: compatible with the purpose for which sites is available by writing to the the records were collected. An individual may learn if a record appropriate System Manager at the exists about himself or herself by 3. To appropriate Federal agencies address below. contacting the appropriate System and Department contractors that have a Manager as listed under system location CATEGORIES OF INDIVIDUALS COVERED BY THE need to know the information for the SYSTEM: above. Give name and approximate date purpose of assisting the Department’s of records requested. Individuals who Individuals who are the subjects of efforts to respond to a suspected or request notification in person must epidemiologic, methodologic, services confirmed breach of the security or supply one proof of identity containing evaluations, and longitudinal studies confidentiality of information individual’s complete name and one and surveys of mental health and maintained in this system of records, other identifier with picture (e.g., alcohol and drug use/abuse and mental, and the information disclosed is driver’s license, building pass). alcohol, and/or drug abuse disorders. relevant and necessary for that Individuals who request notification by These individuals are selected as assistance. mail must supply notarized signature as representative of the general adult and/ or child population or of special groups. POLICIES AND PRACTICES FOR STORING, proof of identity. RETRIEVING, ACCESSING, RETAINING, AND Special groups include, but are not RECORD ACCESS PROCEDURES: DISPOSING OF RECORDS IN THE SYSTEM: limited to, normal individuals serving Same as notification procedures. as controls; clients referred for or STORAGE: Requesters should also reasonably receiving medical, mental health, and Correspondence records maintained specify the record contents being alcohol and/or drug abuse related in hard copy; control records sought. An individual may also request treatment and prevention services; maintained on computer printout, tape, an accounting of disclosures of his/her providers of services; demographic sub- and disk. record, if any. groups as applicable, such as age, sex,

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ethnicity, race, occupation, geographic ROUTINE USES OF RECORDS MAINTAINED IN THE Department or any of its components; or location; and groups exposed to SYSTEM, INCLUDING CATEGORIES OF USERS AND (c) any Department employee in his or hypothesized risks, such as relatives of THE PURPOSES OF SUCH USES: her individual capacity where the individuals who have experienced 1. A record may be disclosed for an Justice Department has agreed to mental health and/or alcohol, and/or evaluation purpose, when the represent such employee; the drug abuse disorders, life stresses, or Department: Department may disclose such records have previous history of mental, (a) Has determined that the use or as it deems desirable or necessary to the alcohol, and/or drug abuse related disclosure does not violate legal or Department of Justice to enable that illness. policy limitations under which the Department to present an effective record was provided, collected, or defense, provided such disclosure is CATEGORIES OF RECORDS IN THE SYSTEM: obtained; e.g., disclosure of alcohol or compatible with the purpose for which The system contains data about the drug abuse patient records will be made the records were collected (e.g., only in accordance with 42 U.S.C. individual as relevant to a particular disclosure may be made to the 290(dd–2). study. Examples include, but are not Department of Justice or other (b) has determined that the study appropriate Federal agencies in limited to, items about the health/ purpose (1) cannot be reasonably defending claims against the United mental health and/or alcohol or drug accomplished unless the record is States when the claim is based upon an consumption patterns of the individual; provided in individually identifiable individual’s mental or physical demographic data; Social Security form, and (2) warrants the risk to the condition and is alleged to have arisen numbers (voluntary); past and present privacy of the individual that additional because of the individual’s participation life experiences; personality exposure of the record might bring; characteristics; social functioning; (c) has required the recipient to—(1) in activities of a Federal Government utilization of health/mental health, establish reasonable administrative, supported research project). 4. The Department contemplates that alcohol, and/or drug abuse services; technical, and physical safeguards to it will contract with a private firm for family history; physiological measures; prevent unauthorized use or disclosure the purpose of collecting, analyzing, and characteristics and activities of of the record, and (2) remove or destroy aggregating, or otherwise refining health/mental health, alcohol abuse, the information that identifies the records in this system. Relevant records and/or drug abuse care providers. individual at the earliest time at which will be disclosed to such contractor. The removal or destruction can be AUTHORITY FOR MAINTENANCE OF THE SYSTEM: contractor shall be required to maintain accomplished consistent with the Privacy Act safeguards with respect to SAMHSA: Public Health Service Act, purpose of the health services such records. Section 301 (42 U.S.C. 241), 322 (42 evaluation project, unless the recipient 5. To appropriate Federal agencies U.S.C. 249(c)), 501 (42 U.S.C. 290aa), has presented adequate justification of and Department contractors that have a 502 (42 U.S.C. 290aa–2), and 505 (42 an analytical or health nature for need to know the information for the U.S.C. 290aa–4). CSAP: Center for retaining such information, and (3) purpose of assisting the Department’s Substance Abuse Prevention, Section make no further use or disclosure of the efforts to respond to a suspected or 515–18 (42 U.S.C. 290bb–21 et seq.). record except—(A) in emergency confirmed breach of the security or CSAT: Center for Substance Abuse circumstances affecting the health or confidentiality of information Treatment, Section 507–12 (42 U.S.C. safety of any individual, (B) for use in maintained in this system of records, 290bb et seq.). CMHS: Center for Mental another health services research or and the information disclosed is Health Services, Sections 506 (42 U.S.C. evaluation project, under these same relevant and necessary for that 290aa–5) and 520–35 (42 U.S.C. 290bb– conditions, and with written assistance. 31 et seq.). Protection and Advocacy for authorization of the Department, (C) for Individuals with Mental Illness Act of disclosure to a properly identified POLICIES AND PRACTICES FOR STORING, 1980, Section 501(c) (8 U.S.C. 1522 person for the purpose of an audit RETRIEVING, ACCESSING, RETAINING, AND note), Public Law 96–422; Executive related to the evaluation project, if DISPOSING OF RECORDS IN THE SYSTEM: Order 12341; and Disaster Relief Act of information that would enable study STORAGE: 1974, Section 416 of the Robert T. subjects to be identified is removed or Records may be stored on index cards, Stafford Disaster Relief and Emergency destroyed at the earliest opportunity Assistance Act, Public Law 100–107. file folders, computer tapes and disks, consistent with the purpose of the audit, microfiche, microfilm, and audio and or (D) when required by law; and PURPOSE(S) OF THE SYSTEM: video tapes. Normally, the factual data, (d) has secured a written statement The purpose of the system of records with study code numbers, are stored on attesting to the recipient’s computer tape or disk, while the key to is to collect and maintain a data base for understanding of, and willingness to health services evaluation activities of personal identifiers is stored separately, abide by, these provisions. without factual data, in paper files. the Center for Substance Abuse 2. Disclosure may be made to a Prevention, the Center for Substance congressional office from the record of RETRIEVABILITY: Abuse Treatment, and the Center for an individual in response to a verified During data collection stages and Mental Health Services. Analyses of inquiry from a congressional office follow up, if any, retrieval by personal these data involve groups of individuals made at the written request of that identifier (e.g., name, social security with given characteristics and do not individual. number (in some studies), or medical refer to special individuals. The 3. In the event of litigation, where the record number), is necessary. During the generation of information and statistical defendant is (a) the Department, any data analysis stage, data are normally analyses will ultimately lead to a better component of the Department, or any retrieved by the variables of interest description and understanding of employee of the Department in his or (e.g., diagnosis, age, occupation). mental, alcohol, and/or drug abuse her official capacity; (b) the United disorders, their diagnosis, treatment and States where the Department determines SAFEGUARDS: prevention, and the promotion of good that the claim, if successful, is likely to 1. Authorized Users: Access to physical and mental health. directly affect the operations of the identifiers and to link files is strictly

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limited to those authorized personnel 1 Choke Cherry Road, Room 7–1047, supporting information to show how the whose duties require such access. Rockville, Maryland 20857. record is inaccurate, incomplete, Procedures for determining authorized Office of the Director, Center for untimely, or irrelevant. access to identified data are established Substance Abuse Prevention, Substance RECORD SOURCE CATEGORIES: as appropriate for each location. Abuse and Mental Health Services Personnel, including contractor Administration, 1 Choke Cherry Road, The system contains information personnel, who may be so authorized Room 4–1057, Rockville, Maryland obtained directly from the subject include those directly involved in data 20857. individual by interview (face-to-face or collection and in the design of research Office of the Director, Center for telephone), by written questionnaire, or studies, e.g., interviewers and Substance Abuse Treatment, Substance by other tests, recording devices or interviewer supervisors; project Abuse and Mental Health Services observations, consistent with legislation managers; and statisticians involved in Administration, 1 Choke Cherry Road, and regulation regarding informed designing sampling plans. Room 5–1015, Rockville, Maryland consent and protection of human 2. Physical Safeguards: Records are 20857. subjects. Information is also obtained stored in locked rooms, locked file Office of the Director, Center for from other sources, such as health, cabinets, and/or secured computer Mental Health Services, Substance mental health, alcohol, and/or drug facilities. Personal identifiers and link Abuse and Mental Health Services abuse care providers; relatives; files are separated as much as possible Administration, 1 Choke Cherry Road, guardians; and clinical medical research and stored in locked files. Computer Room 6–1057, Rockville, Maryland records. data access is limited through the use of 20857. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS key words known only to authorized OF THE ACT NOTIFICATION PROCEDURE: : personnel. None. 3. Procedural Safeguards: Collection To determine if a record exists, write and maintenance of data is consistent to the appropriate System Manager at 1 Published in the Federal Register, Vol. with legislation and regulations in the the address above. Provide individual’s 64, No. 11, Tuesday, January 19, 1999 (pages protection of human subjects, informed name; current address; date of birth; 2909–2918). consent, confidentiality, and date, place and nature of participation PRIVACY ACT SYSTEM NOTICE: 09–30– confidentiality specific to drug and in specific evaluation study; name of 0049 v alcohol abuse patients where these individual or organization apply. When a SAMHSA component or administering the study (if known); SYSTEM NAME: a contractor provides anonymous data name or description of the study (if Consultant Records Maintained By to research scientists for analysis, study known); address at the time of SAMHSA Contractors (HHS/SAMHSA/ numbers which can be matched to participation; and a notarized statement OPS). by two witnesses attesting to the personal identifiers will be eliminated, SECURITY CLASSIFICATION: scrambled, or replaced by the agency or individual’s identity. None. contractor with random numbers which RECORD ACCESS PROCEDURE: cannot be matched. Contractors who SYSTEM LOCATION: Same as notification procedures. maintain records in this system are A current list of contractor sites is instructed to make no further disclosure Requesters should also reasonably specify the record contents being available by writing to the System of the records. Privacy Act requirements Manager at the address below. are specifically included in contracts for sought. An individual may also request survey and research activities related to an accounting of disclosures of his/her CATEGORIES OF INDIVIDUALS COVERED BY THE this system. The HHS project directors, record, if any. SYSTEM: contract officers, and project officers An individual who requests Consultants who participate in oversee compliance with these notification of, or access to, a medical Substance Abuse and Mental Health requirements. record shall, at the time the request is Services Administration (SAMHSA) 4. Implementation Guidelines: DHHS made, designate in writing a responsible conferences, meetings, evaluation Chapter 45–13 of the General representative who will be willing to projects, or technical assistance at site Administration Manual and Part 6, review the record and inform the subject locations arranged by contractors. ‘‘Automated Information Systems individual of its contents at the CATEGORIES OF RECORDS IN THE SYSTEM: Security’’ of the HHS Information representative’s discretion. A parent or Resources Management Manual. guardian who requests notification of, or Names, addresses, Social Security access to, a child’s or incompetent numbers, qualifications, curricula vitae, RETENTION AND DISPOSAL: person’s medical record shall designate travel records, and payment records for Records may be retired to the a family physician or other health consultants. Washington National Records Center professional (other than a family AUTHORITY FOR MAINTENANCE OF THE SYSTEM: located at 4205 Suitland Road, Suitland, member) to whom the record, if any, MD 20409, and subsequently disposed will be sent. The parent or guardian SAMHSA: Public Health Service Act, of in accordance with the SAMHSA must verify relationship to the child or as amended, Section 301 (42 U.S.C. Records Control Schedule. The records incompetent person as well as his or her 241), 322 (42 U.S.C. 249(c)), and 501–05 control schedule and disposal standard own identity. (42 U.S.C. 290aa et seq.). CSAP: Center for these records may be obtained by for Substance Abuse Prevention, Section CONTESTING RECORD PROCEDURE: writing to the appropriate System 515–8 (42 U.S.C. 290bb–21 et seq.). Manager at the address below. Contact the appropriate official at the CSAT: Center for Substance Abuse address specified under System Treatment, Section 507–12 (42 U.S.C. SYSTEM MANAGER(S) AND ADDRESS: Manager(s) above and reasonably 290bb et seq.). CMHS: Center for Mental Office of the Director, Office of identify the record, specify the Health Services, Section 506 (42 U.S.C. Applied Studies, Substance Abuse and information being contested, and state 290aa–5) and 520–35 (42 U.S.C. 290bb– Mental Health Services Administration, corrective action sought, with 31 et seq.). Protection and Advocacy for

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Individuals with Mental Illness Act of by the contractor for use in the project. RETENTION AND DISPOSAL: 1986 as amended (42 U.S.C. 10801 et The contractor shall be required to Records are destroyed 3 years after seq.); Refugee Education Assistance Act maintain Privacy Act safeguards with they are no longer used, or, if payment of 1980, Section 501(c) (8 U.S.C. 1522 respect to such records. is involved, 3 years after closeout of the note), Public Law 96–422; Executive 4. Disclosure may be made to the contract. Order 12341; and Disaster Relief Act of Department of Treasury, Internal 1974, Section 413, Public Law 93–288, Revenue Service, and applicable State SYSTEM MANAGER(S) AND ADDRESS: as amended by Section 416 of the Robert and local governments those items to be Director, Division of Contracts T. Stafford Disaster Relief and included as income to an individual. Management, Office of Program Emergency Assistance Act, Public Law 5. To appropriate Federal agencies Services, Substance Abuse and Mental 100–107. and Department contractors that have a Health Services Administration, 1 need to know the information for the Choke Cherry Road, Room 7–1053, PURPOSE(S) OF THE SYSTEM: purpose of assisting the Department’s Rockville, Maryland 20857. This umbrella system of records efforts to respond to a suspected or NOTIFICATION PROCEDURE: covers a varying number of separate sets confirmed breach of the security or of records used in different projects. confidentiality of information To determine if a record exists, write These records are established by maintained in this system of records, to the appropriate System Manager at contractors to organize programs, obtain and the information disclosed is the address above. Provide notarized and pay consultants, and to provide relevant and necessary for that signature as proof of identity. The necessary reports related to payment to assistance. request should include as much of the the Internal Revenue Service for these following information as possible: (a) programs for SAMHSA. SAMHSA POLICIES AND PRACTICES FOR STORING, Full name; (b) title of project individual personnel may use records when a RETRIEVING, ACCESSING, RETAINING, AND participated in; (c) SAMHSA project technical assistance consultant is DISPOSING OF RECORDS IN THE SYSTEM: officer, and (d) approximate date(s) of needed for a specialized area of STORAGE: participation. research, review, advice, etc. Records may be stored in file folders, RECORD ACCESS PROCEDURES: on index cards, computer tapes and ROUTINE USES OF RECORDS MAINTAINED IN THE Same as notification procedures. disks, microfiche, microfilm. SYSTEM, INCLUDING CATEGORIES OF USERS AND Requesters should also reasonably THE PURPOSES OF SUCH USES: RETRIEVABILITY: specify the record contents being 1. The Department of Health and Information will be retrieved by sought. Human Services (HHS) may disclose name. Individuals may also request an information from this system of records accounting of disclosures of their to the Department of Justice, or to a SAFEGUARDS: records, if any. court or other tribunal, when (a) HHS, Measures to prevent unauthorized CONTESTING RECORD PROCEDURES: or any component thereof; or (b) any disclosures are implemented as HHS employee in his or her individual appropriate for each location. Each site Contact the official at the address capacity where the Department of implements personnel, physical, and specified under Notification Procedures Justice (or HHS, where it is authorized procedural safeguards such as the above and reasonably identify the to do so) has agreed to represent the following: record, specify the information being employee; or (d) the United States or 1. Authorized Users: Only SAMHSA contested, and state the corrective any agency thereof where HHS personnel working on these projects and action sought, with supporting determines that the litigation is likely to personnel employed by SAMHSA information to show how the record is affect HHS or any of its components, is contractors to work on these projects are inaccurate, incomplete, untimely, or a party to litigation or has an interest in authorized users as designated by the irrelevant. such litigation, and HHS determines system managers. RECORD SOURCE CATEGORIES: that the use of such records by the 2. Physical Safeguards: Records are Information gathered from individual Department of Justice, the court or other stored in locked rooms, locked file consultants and from assignment or tribunal is relevant and necessary to the cabinets, and/or secured computer travel documents. litigation and would help in the facilities. effective representation of the 3. Procedural Safeguards: Contractors SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS governmental party, provided, however, who maintain records in this system are OF THE ACT: that in each case, HHS determines that instructed to make no further disclosure None. of the records except as authorized by such disclosure is compatible with the 1 Published in the Federal Register, Vol. purpose for which the records were the system manager and permitted by 64, No. 11, Tuesday, January 19, 1999 (pages collected. the Privacy Act. Privacy Act 2909–2918) 2. Disclosure may be made to a requirements are specifically included congressional office from the record of in contracts and in agreements with PRIVACY ACT SYSTEM NOTICE: 09–30– an individual in response to a verified grantees or collaborators participating in 0051 vi inquiry from the congressional office research activities supported by this SYSTEM NAME: made at the written request of that system. HHS project directors, contract SAMHSA Information Mailing System individual. officers, and project officers oversee (SIMS). 3. Disclosure may be made to private compliance with these requirements. contractors for the purposes of handling 4. Implementation Guidelines: DHHS SYSTEM CLASSIFICATION: logistics for conferences, reviews, Chapter 45–13 of the General None. development of training materials, and Administration Manual, and Part 6, of obtaining the services of consultants. ‘‘Automated Information Systems SYSTEM LOCATION: Relevant records will be disclosed to Security’’ in the HHS Information This system of records is maintained such a contractor or may be developed Resources Management Manual. by the Office of Communications,

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1 Choke Cherry Road, Rockville, of its components, is a party to Administration Manual, ‘‘Safeguarding Maryland 20857. The system of records litigation, and HHS determines that the Records Contained in Systems of will also be maintained at the site of the use of such records by the Department Records and the HHS Automated contractor managing SAMHSA’s of Justice, court or other tribunal is Information Systems Security Program National Clearinghouse on Alcohol and relevant and necessary to the litigation Handbook, Information Resources Drug Abuse. Additional information and would help in the effective Management Manual.’’ about that contractor site is available by representation of the governmental writing to the System Manager at the party, provided, however, that in each RETENTION AND DISPOSAL: address below. case HHS determines that such Disposition of records is according to disclosure is compatible with the CATEGORIES OF INDIVIDUALS COVERED BY THE the National Archives and Records purpose for which the records were SYSTEM: Administration (NARA) guidelines, as collected. set forth in the SAMHSA Records The individuals listed in the system 3. SAMHSA intends to disclose are individuals who voluntarily request Control Schedule, Appendix B–311 information from this system to an (NCI–90–76–5) Item 3. publications and other information from expert, consultant, or contractor the SAMHSA Web site. (including employees of the contractor) SYSTEM MANAGER(S) AND ADDRESS(ES): CATEGORIES OF RECORDS IN THE SYSTEM: of SAMHSA only if necessary to further Director, Office of Communications, Request forms for SAMHSA the implementation and operation of Office of the Administrator, Substance publications include categories for this program. Abuse and Mental Health Services personal information, such as name, 4. To appropriate Federal agencies Administration, 1 Choke Cherry Road, phone number (home phone number and Department contractors that have a Room, 8–1033, Rockville, Maryland may be provided), address (home need to know the information for the 20857. address may be provided), title, level of purpose of assisting the Department’s education, topics/areas of interest efforts to respond to a suspected or NOTIFICATION PROCEDURE: related to SAMHSA programs, confirmed breach of the security or confidentiality of information Individuals may submit a request occupation, type of organization in with a notarized signature on whether which employed, and ethnic group. maintained in this system of records, and the information disclosed is the system contains records about them AUTHORITY FOR MAINTENANCE OF THE SYSTEM: relevant and necessary for that to the above system manager. Public Law 102–321 (‘‘ADAMHA assistance. RECORD ACCESS PROCEDURES: Reorganization Act’’), Section 501 on POLICIES AND PRACTICES FOR STORING, Individuals have direct access to their July 10, 1992, as amended by Public RETRIEVING, ACCESSING, RETAINING, AND Law 106–310. personal record on the SIMS system, via DISPOSING OF RECORDS IN THE SYSTEM: the Internet, utilizing a discrete PURPOSE(S) OF THE SYSTEM: STORAGE: password of their own selection. Should To establish a mailing list of States, Information may be collected on this not be feasible or desired, and, in political subdivisions, educational paper or electronically and may be all other cases, requests from agencies and institutions, treatment stored as paper forms or on computers. individuals for access to their records providers, organizations, and should be addressed to the system individuals to provide SAMHSA RETRIEVABILITY: manager. Requesters should also publications and other print materials The records are retrieved by name; reasonably specify the record contents identified as of interest to them. In they may be sorted by topic of interest, being sought. Individuals may also addition, it is used to provide them State, organizational affiliation in order request an accounting of disclosures of information about new and upcoming to direct information of relevance to their records, if any. publications. them. CONTESTING RECORD PROCEDURES: ROUTINE USES OF RECORDS MAINTAINED IN THE SAFEGUARDS: SYSTEM, INCLUDING CATEGORIES OF USERS AND Authorized Users: Only SAMHSA Contact the official at the address THE PURPOSES OF SUCH USE: personnel working on this project and specified under Notification Procedures 1. Disclosure may be made to a personnel employed by SAMHSA above and reasonably identify the Member of Congress or to a contractors to work on this project are record, specify the information being congressional staff member in response authorized users as designated by the contested, and state the corrective to a request for assistance from the system manager. action sought, with supporting Member by the individual of record. Physical Safeguards: Physical paper information to show how the record is 2. The Department of Health and records are stored in lockable metal file inaccurate, incomplete, untimely, or Human Services (HHS) may disclose cabinets or security rooms. irrelevant. information from this system of records Procedural Safeguards: Contractors RECORD SOURCE CATEGORIES: to the Department of Justice, or to a who maintain records in this system are court or other tribunal, when (a) HHS, instructed to make no further disclosure Information is provided by or any component thereof; or (b) any of the records, except as authorized by individuals, among others, who request HHS employee in his or her official the system manager and permitted by SAMHSA publications. Furnishing of capacity; or (c) any HHS employee in the Privacy Act. Privacy Act the information is voluntary. his or her individual capacity where the requirements are specifically included SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Department of Justice (or HHS, where it in contracts. OF THE ACT: is authorized to do so) has agreed to Technical Safeguards: Electronic represent the employee; or (d) the records are protected by use of None. United States or any agency thereof passwords. 1 Published in the Federal Register, Vol. where HHS determines that the Implementation Guidelines: HHS 66, No. 62, Friday, March 30, 2001 (p. litigation is likely to affect HHS or any Chapter 45–13 of the General 17434).

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PRIVACY ACT SYSTEM NOTICE: 09–30– registration of customers and data is maintained in an automated 0052 vii practitioners. system for quick retrieval. E. Disclosure may be made to a SYSTEM NAME: RETRIEVABILITY: congressional office from the record of Opioid Treatment Waiver Notification an individual in response to a verified Records are retrieved by the System (OTWNS). inquiry from the congressional office individual practitioner’s name and cross indexed by the practitioner’s DEA SECURITY CLASSIFICATION: made at the written request of that registration number. None. individual. F. The Department of Health and SAFEGUARDS: SYSTEM LOCATION: Human Services (HHS) may disclose 1. Authorized Users: Federal contract Office of Pharmacologic and information from this system of records and support personnel. Alternative Therapies, Center for to the Department of Justice, or to a 2. Physical Safeguards: All folders are Substance Abuse Treatment, Substance court or other tribunal, when (a) HHS, in file cabinets in a room that is locked Abuse and Mental Health Services or any component thereof; or (b) any after business hours in a building with Administration, Room 5–1015, 1 Choke HHS employee in his or her official controlled entry (picture identification). Cherry Road, Rockville, Maryland capacity; or (c) any HHS employee in Files are withdrawn from cabinet for 20857. his or her individual capacity where the Federal staff who have a need to know Department of Justice (or HHS, where it CATEGORIES OF INDIVIDUALS COVERED BY THE by a sign in and out procedure. is authorized to do so) has agreed to SYSTEM: 3. Procedural Safeguards: Access to represent the employee; or (d) the records is strictly limited to those staff An individual practitioner (physician) United States or any agency thereof members trained in accordance with the or a practitioner in a group practice who where HHS determines that the Privacy Act. submits a written notification of intent litigation is likely to affect HHS or any 4. Implementation Guidelines: DHHS to use schedule III, IV, or V opioid drugs of its components, is a party to litigation Chapter 45–13 of the General for the maintenance or detoxification or has an interest in such litigation, and Administration Manual. treatment of opiate addiction under 21 HHS determines that the use of such RETENTION AND DISPOSAL: U.S.C. 823(g)(2). records by the Department of Justice, the Records are retained for a period of CATEGORIES OF RECORDS IN THE SYSTEM: court or other tribunal is relevant and five years and then destroyed. Physician name, address, phone, necessary to the litigation and would facsimile, state medical license number, help in the effective representation of SYSTEM MANAGER(S) AND ADDRESS: DEA registration number, credentialing the governmental party, provided Nicholas Reuter, Office of and specialized training information. In however, that in each case, HHS Pharmacologic and Alternative addition, for those practitioners in determines that such disclosure is Therapies, Center for Substance Abuse group practices, the group practice EIN. compatible with the purpose for which Treatment, Substance Abuse and Mental the records were collected. Health Services Administration, Room AUTHORITY FOR MAINTENANCE OF THE SYSTEM: G. SAMHSA intends to disclose 6–70, Rockwall II Building, 5600 Fishers Controlled Substance Act (21 U.S.C. information from this system to an Lane, Rockville, Maryland 20857. 823(g)(2)). expert, consultant, or contractor (including employees of the contractor) NOTIFICATION PROCEDURES: PURPOSE(S): of SAMHSA if necessary to further the To determine if a record exists, write To determine (as required by 21 implementation and operation of this to the appropriate System Manager at U.S.C. 823 (g)(2)) whether practitioners program. the address above or appear in person who submit notifications meet all of the H. Disclosure limited to the to the Division of Contracts requirements for a waiver under 21 individual’s name, address, and phone Management. An individual may learn U.S.C. 823(g)(2)(B). The established number will also be made to the if a record exists about himself/herself criteria for a waiver include: a written SAMHSA Treatment Facility Locator upon written request with notarized notification that states the practitioner’s pursuant to express consent. signature. An individual who is the name, the practitioner’s registration I. To appropriate Federal agencies and subject of records maintained in this under 21 U.S.C. 823(f), the practitioner’s Department contractors that have a need record system may also request an physician license under State law, and to know the information for the purpose accounting of all disclosures that have the qualifying physician criteria. The of assisting the Department’s efforts to been made from that individual’s record system will also allow disclosure respond to a suspected or confirmed records, if any. with consent of limited information to breach of the security or confidentiality RECORD ACCESS PROCEDURES: the Treatment Facility Locator. of information maintained in this Same as notification procedures. ROUTINE USES OF RECORDS MAINTAINED IN THE system of records, and the information disclosed is relevant and necessary for Requesters should specify the record SYSTEM, INCLUDING CATEGORIES OF USERS AND contents being sought. An individual THE PURPOSES OF SUCH USES: that assistance. may also request an accounting of A. Medical specialty societies to DISCLOSURES TO CONSUMER REPORTING disclosures of his/her record, if any. verify practitioner qualifications. AGENCIES: CONTESTING RECORD PROCEDURES: B. Other Federal law enforcement and None. regulatory agencies for law enforcement Contact the official at the address and regulatory purposes. POLICIES AND PRACTICES FOR STORING, specified under notification procedures C. State and local law enforcement RETRIEVING, ACCESSING, RETAINING, AND above and identify the record, specify and regulatory agencies for law DISPOSING OF RECORDS IN THE SYSTEM the information being contested, the enforcement and regulatory purposes. STORAGE: corrective action sought, along with D. Persons registered under the Documents are filed in manual files in supporting information to show how the Controlled Substance Act (Pub. L. 91– enclosed and/or locked file cabinets and record is inaccurate, incomplete, 513) for the purpose of verifying the in secured computers. The same basic untimely, or irrelevant.

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RECORD SOURCE CATEGORIES: for the purpose of receiving sensitive (DOT) or to OIRA. To avoid duplication, Individual practitioner notifications and classified (Secret-level) briefings please submit your comments by only of intent to use Schedule III, IV, or V and presentations regarding one of the following means: opioid drugs for the Maintenance and relationships between Science & (1) Electronic submission. (a) To Coast Detoxification Treatment of Opiate Technology and selected National Guard docket at http:// Addiction under 21 U.S.C. 823(g)(2). Biodefense Analysis and www.regulation.gov. (b) To OIRA by e- Countermeasures related topics, which mail via: [email protected]. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS are matters relevant to homeland (2) Mail or Hand delivery. (a) DMF OF THE ACT: security. The meeting was closed to the (M–30), DOT, West Building Ground None. public. Floor, Room W12–140, 1200 New Jersey 1 Published in the Federal Register, Vol. The Federal Advisory Committee Act Avenue, SE., Washington, DC 20590– 67, No. 80, Thursday, April 25, 2002 (pages requires that notices of meetings of 0001. Hand deliver between the hours of 20542–20544). advisory committees be announced in 9 a.m. and 5 p.m., Monday through [FR Doc. 2010–12147 Filed 5–19–10; 8:45 am] the Federal Register 15 days prior to the Friday, except Federal holidays. The BILLING CODE 4160–20–P meeting date. A notice of the meeting of telephone number is 202–366–9329. (b) the Homeland Security Science and To OIRA, 725 17th Street, NW., Technology Advisory Committee was Washington, DC 20503, attention Desk DEPARTMENT OF HOMELAND published in the Federal Register on Officer for the Coast Guard. SECURITY April 12, 2010, 8 days prior to the (3) Fax. (a) To DMF, 202–493–2251. meeting due to unavoidable delays in (b) To OIRA at 202–395–5806. To [Docket No. DHS–2010–0020] finalizing the agenda. ensure your comments are received in a Homeland Security Science and Dated: May 10, 2010. timely manner, mark the fax, attention Desk Officer for the Coast Guard. Technology Advisory Committee Ervin Kapos, The DMF maintains the public docket AGENCY: Science and Technology Designated Federal Officer. for this Notice. Comments and material Directorate, DHS. [FR Doc. 2010–12090 Filed 5–19–10; 8:45 am] received from the public, as well as ACTION: Committee Management; Notice BILLING CODE 9110–9F–P documents mentioned in this Notice as of Closed Federal Advisory Committee being available in the docket, will Meeting. become part of the docket and will be DEPARTMENT OF HOMELAND available for inspection or copying at SUMMARY: On April 12, 2010, the SECURITY room W12–140 on the West Building Homeland Security Science and Coast Guard Ground Floor, 1200 New Jersey Avenue, Technology Advisory Committee SE., Washington, DC, between 9 a.m. announced in the Federal Register that [USCG–2010–0030] and 5 p.m., Monday through Friday, the Committee would meet on April 20– except Federal holidays. You may also 22, 2010 in Frederick, MD. This notice Collection of Information Under find the docket on the Internet at supplements that original meeting Review by Office of Management and http://www.regulations.gov. notice. Budget; OMB Control Number: 1625– A copy of the ICR is available through 0086 DATES: The Homeland Security Science the docket on the Internet at http:// and Technology Advisory Committee AGENCY: Coast Guard, DHS. www.regulations.gov. Additionally, met on April 20, 2010 from 8:30 a.m. to ACTION: Thirty-day Notice requesting copies are available from: Commandant 5 p.m., April 21, 2010 from 9 a.m. to 5 comments. (CG–611): ATTN: Paperwork Reduction p.m. and on April 22, 2010 from 9:30 Act Manager, US Coast Guard, 2100 2nd a.m. to 1 p.m. SUMMARY: In compliance with the St., SW., Stop 7101, Washington, DC ADDRESSES: The meeting was held at the Paperwork Reduction Act of 1995, this 20593–7101. National Biodefense Analysis and request for comments announces that FOR FURTHER INFORMATION CONTACT: Mr. Countermeasures Center, 110 Thomas the U.S. Coast Guard is forwarding an Arthur Requina, Office of Information Johnson Drive, Suite 400, Frederick, MD Information Collection Request (ICR), Management, telephone 202–475–3523, 21702. abstracted below, to the Office of or fax 202–475–3929, for questions on FOR FURTHER INFORMATION CONTACT: Ms. Information and Regulatory Affairs these documents. Contact Ms. Renee V. Tiwanda Burse, Science and (OIRA), Office of Management and Wright, Program Manager, Docket Technology Directorate, Department of Budget (OMB) requesting an extension Operations, 202–366–9826, for Homeland Security, 245 Murray Lane, of its approval for the following questions on the docket. Bldg. 410, Washington, DC 20528, 202– collection of information: 1625–0086, SUPPLEMENTARY INFORMATION: The Coast 254–6877. Great Lakes Pilotage, without change. Guard invites comments on whether Our ICR describes the information we SUPPLEMENTARY INFORMATION: Notice of this ICR should be granted based on it this meeting is given under the Federal seek to collect from the public. Review being necessary for the proper Advisory Committee Act, 5 U.S.C. App. and comments by OIRA ensure we only performance of Departmental functions. (Pub. L. 92–463). impose paperwork burdens In particular, the Coast Guard would The mission of the Homeland commensurate with our performance of appreciate comments addressing: (1) Security Science and Technology duties. The practical utility of the collections; Advisory Committee is to provide a DATES: Please submit on or before June (2) the accuracy of the estimated burden source of independent scientific and 21, 2010. of the collections; (3) ways to enhance technical planning advice for the Under ADDRESSES: You may submit comments the quality, utility, and clarity of Secretary of Homeland Security for identified by Coast Guard docket information subject to the collections; Science and Technology. number [USCG–2010–0030] to the and (4) ways to minimize the burden of The Homeland Security Science and Docket Management Facility (DMF) at the collections on respondents, Technology Advisory Committee met the U.S. Department of Transportation including the use of automated

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collection techniques or other forms of signing the comment, if submitted on DEPARTMENT OF HOMELAND information technology. behalf of an association, business, labor SECURITY Comments to Coast Guard or OIRA union, etc.). You may review the must contain the OMB Control Number Privacy Act statement regarding our U.S. Customs and Border Protection of the ICR. They must also contain the public dockets in the January 17, 2008 Agency Information Collection docket number of this request, [USCG– issue of the Federal Register (73 FR Activities: NAFTA Regulations and 2010–0030]. For your comments to 3316). OIRA to be considered, it is best if they Certificate of Origin are received on or before June 21, 2010. Previous Request for Comments AGENCY: Public participation and request for U.S. Customs and Border comments: We encourage you to This request provides a 30-day Protection, Department of Homeland respond to this request by submitting comment period required by OIRA. The Security. comments and related materials. We Coast Guard published the 60-day ACTION: 30-Day notice and request for will post all comments received, Notice (75 FR 6677, February 10, 2010) comments; revision of an existing without change, to http:// as required by 44 U.S.C. 3506(c)(2). That information collection: 1651–0098. www.regulations.gov. They will include Notice elicited no comments. any personal information you provide. SUMMARY: U.S. Customs and Border We have an agreement with DOT to use Information Collection Request Protection (CBP) of the Department of Homeland Security has submitted the their DMF. Please see the ‘‘Privacy Act’’ Title: Great Lakes Pilotage. paragraph below. following information collection request Submitting comments: If you submit a OMB Control Number: 1625–0086. to the Office of Management and Budget comment, please include the docket Type of Request: Extension of a (OMB) for review and approval in number [USCG–2010–0030], indicate currently approved collection. accordance with the Paperwork the specific section of the document to Reduction Act: NAFTA Regulations and Respondents: The three U.S. pilot which each comment applies, providing Certificate of Origin. This is a proposed associations regulated by the Office of a reason for each comment. We extension of an information collection recommend you include your name, Great Lakes Pilotage. that was previously approved. CBP is mailing address, an e-mail address, or Abstract: The Office of Great Lakes proposing that this information other contact information in the body of Pilotage is seeking an extension of collection be extended with a change to your document so that we can contact OMB’s approval for subject data the burden hours. This document is you if we have questions regarding your collection requirements for the three published to obtain comments from the submission. You may submit comments U.S. pilot associations it regulates. This public and affected agencies. This and material by electronic means, mail, extension would require continued proposed information collection was fax, or delivery to the DMF at the submission of data to an electronic previously published in the Federal address under ADDRESSES; but please collection system, identified as the Register (75 FR 5100) on February 1, submit them by only one means. If you Great Lakes Electronic Pilot 2010, allowing for a 60-day comment submit them by mail or delivery, submit Management System, which will period. This notice allows for an them in an unbound format, no larger eventually replace the manual paper additional 30 days for public comments. than 81⁄2 by 11 inches, suitable for This process is conducted in accordance submissions currently used to collect copying and electronic filing. If you with 5 CFR 1320.10. data on: bridge hours; vessel delay, submit them by mail and would like to detention, cancellation, and moveage; DATES: Written comments should be know that they reached the Facility, received on or before June 21, 2010. please enclose a stamped, self-addressed pilot travel and availability; revenues; ADDRESSES: Interested persons are postcard or envelope. In response to and related data. This extension ensures invited to submit written comments on your comments, we may revise the ICR the required data crucial from both an the proposed information collection to or decide not to seek an extension of operational and rate-making standpoint the Office of Information and Regulatory approval for this collection. The Coast is available in a timely manner and Affairs, Office of Management and Guard and OIRA will consider all allows immediate accessibility. Budget. Comments should be addressed comments and material received during Forms: None. to the OMB Desk Officer for Customs the comment period. Viewing comments and documents: Burden Estimate: The estimated and Border Protection, Department of Go to http://www.regulations.gov to burden remains the same at 18 hours a Homeland Security, and sent via year. electronic mail to view documents mentioned in this _ Notice as being available in the docket. Authority: The Paperwork Reduction Act oira [email protected] or faxed Click on the ‘‘read comments’’ box, of 1995; 44 U.S.C. Chapter 35, as amended. to (202) 395–5806. SUPPLEMENTARY INFORMATION: U.S. which will then become highlighted in Dated: May 10, 2010. blue. In the ‘‘Keyword’’ box insert Customs and Border Protection (CBP) ‘‘USCG–2010–0030’’ and click ‘‘Search.’’ M.B. Lytle, encourages the general public and Click the ‘‘Open Docket Folder’’ in the Captain, U.S. Coast Guard, Acting Assistant affected Federal agencies to submit ‘‘Actions’’ column. You may also visit Commandant for Command, Control, written comments and suggestions on the DMF in Room W12–140 on the West Communications, Computers and proposed and/or continuing information Building Ground Floor, 1200 New Jersey Information Technology. collection requests pursuant to the Avenue, SE., Washington, DC, between [FR Doc. 2010–12065 Filed 5–19–10; 8:45 am] Paperwork Reduction Act (Pub. L. 104– 9 a.m. and 5 p.m., Monday through BILLING CODE 9110–04–P 13). Your comments should address one Friday, except Federal holidays. of the following four points: Privacy Act: Anyone can search the (1) Evaluate whether the proposed electronic form of all comments collection of information is necessary received in dockets by the name of the for the proper performance of the individual submitting the comment (or functions of the agency/component,

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including whether the information will Form 447, NAFTA Motor Vehicle and Transfer, Assignment, or Sale of have practical utility; Averaging Election: Permit Rights). (2) Evaluate the accuracy of the Estimated Number of Respondents: OSM has revised burden estimates, agencies/components estimate of the 11. where appropriate, to reflect current burden of the proposed collection of Estimated Number of Responses per reporting levels or adjustments based on information, including the validity of Respondent: 1.28. reestimates of burden or respondents. the methodology and assumptions used; Estimated Time per Response: 1 hour. OSM will request a 3-year term of (3) Enhance the quality, utility, and Estimated Total Annual Burden approval for this information collection clarity of the information to be Hours: 14. activity. collected; and (4) Minimize the burden of the Dated: May 17, 2010. Comments are Invited on: (1) The collections of information on those who Tracey Denning, need for the collection of information are to respond, including the use of Agency Clearance Officer, U.S. Customs and for the performance of the functions of appropriate automated, electronic, Border Protection. the agency; (2) the accuracy of the mechanical, or other technological [FR Doc. 2010–12128 Filed 5–19–10; 8:45 am] agency’s burden estimates; (3) ways to techniques or other forms of BILLING CODE 9111–14–P enhance the quality, utility and clarity information. of the information collection; and (4) Title: NAFTA Regulations and ways to minimize the information Certificate of Origin. collection burden on respondents, such OMB Number: 1651–0098. DEPARTMENT OF THE INTERIOR as use of automated means of collection Form Numbers: CBP Forms 434, 446, Office of Surface Mining Reclamation of the information. A summary of the and 447. and Enforcement public comments will be included in Abstract: The objectives of NAFTA OSM’s submission of the information are to eliminate barriers to trade in Notice of Proposed Information collection request to OMB. goods and services between the United Collection for 1029–0116 Before including your address, phone States, Mexico, and Canada and to number, e-mail address, or other facilitate conditions of fair competition AGENCY: Office of Surface Mining personal identifying information in your within the free trade area. CBP uses Reclamation and Enforcement, Interior. comment, you should be aware that these forms to verify eligibility for ACTION: Notice and request for your entire comment-including your preferential tariff treatment under comments. personal identifying information-may be NAFTA. CBP is adding the Form 447, made publicly available at any time. North American Free Trade Agreement SUMMARY: In compliance with the While you can ask us in your comment Motor Vehicle Averaging Election, to Paperwork Reduction Act of 1995, the to withhold your personal identifying this collection of information. The CBP Office of Surface Mining Reclamation information from public review, we Form 447 is used to gather the and Enforcement (OSM) is announcing cannot guarantee that we will be able to information required by 19 CFR part its intention to request from the Office do so. 181, section 11(2), Information Required of Management and Budget (OMB) its The following information is provided When Producer Chooses to Average for renewal for the collection of information for the information collection: (1) Title Motor Vehicles. The Form 447 shall be for 30 CFR part 774. of the information collection; (2) OMB completed for each category set out in DATES: Comments on the proposed control number; (3) summary of the the Regulation that is chosen by the information collection must be received information collection activity; and (4) producer of a motor vehicle referred to by July 19, 2010, to be assured of frequency of collection, description of in 19 CFR part 181, section 13 (Special consideration. the respondents, estimated total annual Regional Value Content Requirements) ADDRESSES: responses, and the total annual in filing an election pursuant to Comments may be mailed to reporting burden for the collection of subsection 13(4). John A. Trelease, Office of Surface Current Actions: This submission is Mining Reclamation and Enforcement, information. being made to revise the burden hours 1951 Constitution Ave., NW., Room Title: Revisions; Renewals; and as a result of adding Form 447. 202–SIB, Washington, DC 20240. Transfer, Assignment, or Sale of Permit Type of Review: Revision. Comments may also be submitted Rights—30 CFR 774. Affected Public: Businesses. electronically to jtrelease@osmregov. OMB Control Number: 1029–0116. Form 434, NAFTA Certificate of FOR FURTHER INFORMATION CONTACT: To Summary: Sections 506 and 511 of Origin: receive a copy of the information Public Law 95–87 provide that persons Estimated Number of Respondents: collection request, contact John seeking permit revisions; renewals; or 40,000. Trelease, at (202) 208–2783 or at the e- transfer, assignment, or sale of their Estimated Number of Responses per mail address listed in ADDRESSES. permit rights for coal mining activities Respondent: 3. SUPPLEMENTARY INFORMATION: OMB Estimated Time per Response: 15 submit relevant information to the regulations at 5 CFR part 1320, which minutes. regulatory authority to allow the Estimated Total Annual Burden implement provisions of the Paperwork regulatory authority to determine Hours: 30,000. Reduction Act of 1995 (Pub. L. 104–13), whether the applicant meets the Form 446, NAFTA Questionnaire: require that interested members of the requirements for the action anticipated. Estimated Number of Respondents: public and affected agencies have an Bureau Form Number: None. opportunity to comment on information 400. Frequency of Collection: On occasion. Estimated Number of Responses per collection and recordkeeping activities Description of Respondents: Surface Respondent: 1. [see 5 CFR 1320.8 (d)] This notice Estimated Time per Response: 45 identifies an information collection that coal mining permit applicants and State minutes. OSM will be submitting to OMB for regulatory authorities. Estimated Total Annual Burden renewal. The collection is contained in Total Annual Responses: 8,888. Hours: 300. 30 CFR part 774 (Revision; Renewal; Total Annual Burden Hours: 82,018.

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Dated: May 17, 2010. conditions: All registered bidders must Biologist, at the above address or by John A. Trelease, submit a bid guarantee in the amount of telephone (503–231–6131) or fax (503– Acting Chief, Division of Regulatory Support. $10,000 for each parcel on which the 231–6243). bidder plans to submit a bid. The [FR Doc. 2010–12085 Filed 5–19–10; 8:45 am] SUPPLEMENTARY INFORMATION: The BILLING CODE 4310–05–M guarantee must be by certified check, bank draft, postal money order, or following applicants have applied for cashier’s check made payable in U.S. recovery permits to conduct certain DEPARTMENT OF THE INTERIOR dollars. The bid guarantee will be activities with endangered species applied towards the required 20 percent under section 10(a)(1)(A) of the Act (16 Bureau of Land Management bid deposit of the successful high U.S.C. 1531 et seq.). We are soliciting bidder. Following the auction, all bid review of and comments on these [LLNVS00560 L58530000.EU0000 241A; N– 81926 et al.; 10–08807; MO#4500012627; guarantees will be returned to the applications by local, State, and Federal TAS: 14X5232] unsuccessful bidders. If a bidder agencies and the public. purchases one or more parcels and Notice of amendment to Notice of defaults on any single parcel, the default Permit No. TE–08913A Realty Action: Competitive Online may be against all of that bidder’s Applicant: Greg S. Fitzpatrick, Corvallis, Auction of Public Lands in Clark parcels. The BLM may retain the Oregon. County, NV $10,000 bid guarantee for each parcel and the sale of all parcels to that bidder The applicant requests a permit to AGENCY: Bureau of Land Management, may be cancelled. If a high bidder fails take (pursue and capture) the Fender’s Interior. to submit the 20 percent deposit and blue butterfly (Icaricia icarioides ACTION: Notice of amendment. defaults on a parcel, the second highest fenderi) in conjunction with surveys bidder will become the apparent high throughout its range in Oregon for the SUMMARY: This notice amends a Notice bidder. If the high bidder is unable to purpose of enhancing its survival. of Realty Action (NORA) published in consummate the transaction for any the Federal Register on Friday, other reasons, the second-highest bid Permit No. TE–08964A September 11, 2009 (74 FR 46790), to may be considered for award. All other add additional terms and conditions to aspects of the September 11, 2009 Applicant: Dana Ross, Corvallis, the sale process. notice are correct as published. Oregon. DATES: Interested parties may submit The applicant requests a permit to written comments until July 6, 2010. Beth Ransel, take (pursue and capture) the Fender’s The sale opening date for re-offering the Assistant Field Manager, Division of Lands. blue butterfly (Icaricia icarioides 5 parcels will be determined after the Authority: 43 CFR 2711. fenderi) in conjunction with surveys close of the 45-day comment period. [FR Doc. 2010–12165 Filed 5–19–10; 8:45 am] throughout its range in Oregon for the Articles printed in the local newspaper BILLING CODE 4310–HC–P and advertisements on local radio and purpose of enhancing its survival. television stations will notify the public Public Comments of the specific sale opening date. Sale DEPARTMENT OF THE INTERIOR information may also be found on the We are soliciting public review and Bureau of Land Management (BLM) Fish and Wildlife Service comment on these recovery permit Web site: https://www.blm.gov/nv/st/en/ [FWS–R1–ES–2010–N092; 10120–1113– applications. Before including your snplma/Land_Auction.html and on the 0000–F5] address, phone number, e-mail address, following General Services or other personal identifying Administration (GSA) Web site: Endangered Wildlife and Plants; information in your comment, you www.auctionrp.com. Permits should be aware that your entire FOR FURTHER INFORMATION CONTACT: AGENCY: Fish and Wildlife Service, comment—including your personal Manuela Johnson at (702) 515–5224 or Interior. identifying information—may be made e-mail: [email protected]. ACTION: Notice of availability of permit publicly available at any time. While SUPPLEMENTARY INFORMATION: The applications; request for comments. you can ask us in your comment to parcels being re-offered for sale are withhold your personal identifying SUMMARY: In accordance with the parcels that did not sell during the BLM information from public review, we requirements of the Endangered Species cannot guarantee that we will be able to Internet auction conducted November Act of 1973, as amended (Act), we, the do so. 18 through December 21, 2009. The five U.S. Fish and Wildlife Service (Service), parcels to be offered for sale are invite the public to comment on Please refer to the permit number for identified by the following case file applications for permits to conduct the application when submitting numbers: N–78190, N–81926, N–81927, enhancement of survival activities with comments. All comments and materials N–81930, and N–86661. Information on endangered species. we receive in response to this request each parcel can be found on the BLM DATES: To ensure consideration, please will be available for public inspection, and the GSA Web sites when the by appointment, during normal business opening date for the sale is established. send your written comments by June 21, hours at the above address. The sale by competitive online auction 2010. will be conducted by the GSA. Bidders ADDRESSES: Program Manager, Dated: May 10, 2010. may register on the GSA Web site, Endangered Species, Ecological Carolyn A Bohan, https://www.auctionrp.com/. Services, U.S. Fish and Wildlife Service, Acting Regional Director, Region 1, U.S. Fish The NORA published on September 911 NE 11th Avenue, Portland, OR and Wildlife Service. 11, 2009, is amended to include the 97232–4181. [FR Doc. 2010–12029 Filed 5–19–10; 8:45 am] following bidder registration FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310–55–P requirements and sale terms and Linda Belluomini, Fish and Wildlife

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DEPARTMENT OF THE INTERIOR authorization to construct and operate a 230-kV transmission line of 4,500 acre concentrated solar thermal approximately 5 to 7 miles long with a Bureau of Land Management (CST) power plant that could provide point of interconnection at a proposed [LLAZP02000.L51010000.FX0000. up to 350 megawatts (MW) of solar Hyder substation. The proposed Hyder LVRWA09A2370; AZA 034425] generation with options for wet or dry substation would be owned and cooling and possibly with thermal operated by Arizona Public Service Notice of Intent To Prepare an storage capabilities. The project would (APS). The length of the transmission Environmental Impact Statement for include a 230-kilovolt (kV) transmission line will depend on the exact location the Proposed Hyder Valley Solar line, water supply facilities, a natural of the Hyder substation, which has not Energy Project, Maricopa County, AZ gas pipeline, an access road, and other yet been determined by APS. The related facilities in the Hyder Valley, transmission line and other related AGENCY: Bureau of Land Management, north of Interstate 8, east of the town of facilities that would be developed Interior. Hyder, and west of the Oatman specifically for this Project would be ACTION: Notice of Intent. Mountains in Maricopa County, AZ. included in the EIS analysis and The facility would be expected to included in the ROW grant as SUMMARY: In compliance with the operate for approximately 30 years. A appropriate. National Environmental Policy Act of ROW grant for the construction, The purpose of the public scoping 1969 (NEPA), as amended, the Bureau of operation, and maintenance of this process is to determine relevant issues Land Management (BLM), Arizona State Project would be required from the that will influence the scope of the Office, Phoenix, Arizona, intends to BLM. Additional applicable permits environmental analysis, including prepare an Environmental Impact from Federal, State, and local agencies alternatives, and guide the process for Statement (EIS) and by this notice is will also be required. developing the EIS. At present, the BLM announcing the beginning of the The solar facility would consist of has identified water resources as a scoping process to solicit public solar fields made up of single-axis- preliminary issue; however, the analysis comments and identify issues. tracking parabolic trough solar will include the site-specific impacts on DATES: This notice initiates the public collectors. Each collector contains a air quality, geologic resources, soils, scoping process for the EIS. Comments linear parabolic-shaped reflector to water resources, biological resources, on issues may be submitted in writing focus sun light on a heat collection cultural resources, paleontological until June 21, 2010. The date(s) and element. The collectors would track the resources, visual resources, land use, location(s) of any scoping meetings will sun from east to west each day to ensure transportation, noise, socioeconomics, be announced at least 15 days in the sun is continuously focused on the public health and safety, and other advance through local media, collection element. A heat transfer fluid resources and issues identified during newspapers, and the following BLM would be heated as it passes through the scoping and project collaboration. element and then circulated through a Web site: http://www.blm.gov/az/st/ The BLM will use and coordinate the series of heat exchangers to generate en.html. In order to be included in the NEPA commenting process to satisfy the high-pressure steam. The steam would Draft EIS, all comments must be public involvement process for Section power a generator to produce electricity. received prior to the close of the scoping 106 of the National Historic The plant would be made up of one or period or 15 days after the last public Preservation Act (16 U.S.C. 470f) as more power blocks. Each power block meeting, whichever is later. The BLM provided for in 36 CFR 800.2(d)(3). would be located near the center of its will provide additional opportunities Native American tribal consultations respective solar field and have its own for public participation upon will be conducted and tribal concerns, publication of the Draft EIS. generator. Both wet-cooled and dry-cooled including impacts on Indian trust assets, ADDRESSES: You may submit comments will be considered. Federal, State, and related to the Hyder Valley Solar Energy options are being considered for this Project, and will be addressed in the local agencies, along with other Project by any of the following methods: stakeholders that may be interested or • E-mail: EIS. Maximum water use for the Project is initially estimated to be 1,750 to 2,800 affected by the BLM’s decision on this [email protected]. Project are invited to participate in the • Mail: Bureau of Land Management, acre-feet per year. A mechanical draft cooling tower, cooling water circulating scoping process and, if eligible, may Arizona State Office, Attention: Eddie pumps, circulating water piping, valves, request or be requested by the BLM to Arreola, Supervisory Project Manager, and instrumentation would also be participate as a cooperating agency. Hyder Valley Solar EIS, One North located within the facility. Multiple Before including your address, phone Central Avenue, Suite 800, Phoenix, AZ evaporation ponds would be number, e-mail address, or other 85004. constructed to hold discharge from the personal identifying information in your FOR FURTHER INFORMATION CONTACT: For cooling towers and steam cycle that comment, you should be aware that further information and/or to have your could no longer be recycled back into your entire comment–including your name added to our mailing list, contact the plant. personal identifying information–may Eddie Arreola, Supervisory Project Pacific Solar Investments is also be made publicly available at any time. Manager, telephone 602–417–9505; by considering the use of thermal energy While you can ask us in your comment mail or other delivery service Bureau of storage. Thermal energy storage would to withhold your personal identifying Land Management, Arizona State Office, provide the option of transferring some information from public review, we Attention: Eddie Arreola, Supervisory or all of the solar energy into molten salt cannot guarantee that we will be able to Project Manager, Hyder Valley Solar contained in insulated tanks. Using heat do so. EIS, One North Central Avenue, Suite exchangers and pumps designed for Authority: 40 CFR 1501.7. 800, Phoenix, AZ 85004; or by e-mail at molten salt, the heat could subsequently _ Eddie [email protected]. be extracted to provide generation after Raymond Suazo, SUPPLEMENTARY INFORMATION: The sunset. Acting State Director. applicant, Pacific Solar Investments, The Project would be connected to the [FR Doc. 2010–12138 Filed 5–19–10; 8:45 am] Inc., has requested a right-of-way (ROW) electrical grid using a newly constructed BILLING CODE 4310–32–P

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DEPARTMENT OF THE INTERIOR include the geological, cultural, Secretary, who will make the archaeological, paleontological, natural, appointments. Bureau of Land Management scientific, recreational, wilderness, The Council shall be subject to the [CO–134–1610–DQ] wildlife, riparian, historical, FACA, 5 U.S.C. App. 2; and the Federal educational, and scenic resources of the Land Management Policy Act of 1976, Notice of Intent To Extend the Call for public lands, and the water resources of 43 U.S.C. 1701 et seq. Nominations for the Dominguez- area streams based on seasonally Linda Anan˜ ia, Escalante National Conservation Area available flows, that are necessary to Advisory Council support aquatic, riparian, and terrestrial Acting State Director. species and communities. The Act also [FR Doc. 2010–12130 Filed 5–19–10; 8:45 am] AGENCY: Bureau of Land Management, calls for the establishment of the D–E BILLING CODE 4310–JB–P Interior. NCA Council, comprised of 10 ACTION: Notice. members, to advise the Secretary, through the BLM, on matters regarding DEPARTMENT OF THE INTERIOR SUMMARY: The Secretary of the Interior the preparation and implementation of (Secretary) is directed by the Omnibus Bureau of Indian Affairs an RMP for the area. These 10 members Public Lands Management Act of 2009 shall include, to the extent practicable: to establish the Dominguez-Escalante Deadline for Submission of (1) One member appointed after National Conservation Area (D–E NCA) Applications To Be Included on the considering the recommendations of the Advisory Council (Council). The Roll of Western Shoshone Identifiable Mesa County Commission; Secretary is requesting nominations for Group of Indians for Judgment Fund (2) One member appointed after Distribution 10 members to sit on the Council. The considering the recommendations of the Council will advise the Secretary, Montrose County Commission; AGENCY: Bureau of Indian Affairs, through the Bureau of Land (3) One member appointed after Interior. Management (BLM), on matters considering the recommendations of the ACTION: Notice. regarding the preparation and Delta County Commission; implementation of the D–E NCA (4) One member appointed after SUMMARY: This notice establishes the Resource Management Plan (RMP). An considering the recommendations of the deadline by which applications must be initial nomination period ended January permittees holding grazing allotments received for eligible individuals to be 4, 2010. Members of the public who within the D–E NCA or the wilderness; listed on the roll that will be used as the submitted nomination packages during and basis for distributing the judgment the first nomination period need not (5) Five members who reside in, or funds awarded by the Indian Claims submit a second nomination package to within reasonable proximity to Mesa, Commission to the Western Shoshone be considered. Delta, or Montrose Counties, Colorado, Identifiable Group of Indians in Docket DATES: Submit nomination packages on with backgrounds that reflect: No. 326–K. or before June 21, 2010. (A) The purposes for which the D–E DATES: Applications must be received ADDRESSES: Send completed Council NCA or wilderness was established; and by close of business (5 p.m. Mountain nominations to D–E NCA Interim (B) The interests of the stakeholders Time) August 2, 2010. Manager, Grand Junction Field Office, that are affected by the planning and 2815 H Road, Grand Junction, Colorado management of the D–E NCA and ADDRESSES: Submit applications to 81506. Nomination forms may be wilderness. Bureau of Indian Affairs Western obtained at the Grand Junction Field Any individual or organization may Shoshone, Tribal Government Services, Office at the above address or at the nominate one or more persons to serve P.O. Box 3838, Phoenix, AZ 85030– Uncompahgre Field Office, Bureau of on the Council. Individuals may 3838. nominate themselves for Council Land Management, 2465 S. Townsend FOR FURTHER INFORMATION CONTACT: Ave., Montrose, Colorado 81401. membership. The Obama Administration prohibits individuals Sharlot Johnson, Tribal Government FOR FURTHER INFORMATION CONTACT: who are currently federally registered Services, Bureau of Indian Affairs, Katie A. Stevens, D–E NCA Interim lobbyists to serve on all Federal Western Regional Office, 2600 North Manager, (970) 244–3049, Advisory Committee Act (FACA) and Central Avenue, Phoenix, Arizona [email protected]. non-FACA boards, committees or 85004, (602) 379–6786. SUPPLEMENTARY INFORMATION: The D–E councils. Nomination forms may be SUPPLEMENTARY INFORMATION: Under NCA and Dominguez Canyon obtained from the BLM Grand Junction section 3(b)(1) of the Act of July 7, 2004, Wilderness Area, located within the D– or Uncompahgre Field Offices, or may Public Law 108–270, 118 Stat. 805, the E NCA, was established by the Omnibus be downloaded from the following Web Secretary of the Interior (Secretary) will Public Land Management Act of 2009, site: http://www.blm.gov/co/st/en/fo/ prepare a roll of all individuals who Public Law 111–11 (Act). The D–E NCA denca.html. meet the eligibility criteria established is comprised of approximately 209,610 Nomination packages must include a under the Act and who file timely acres of public land, including completed nomination form, letters of applications prior to the date listed in approximately 66,280 acres designated reference from the represented interests the DATES section of this Federal as wilderness, located in Delta, or organizations, as well as any other Register notice. The roll will be used as Montrose, and Mesa Counties, Colorado, information relevant to the nominee’s the basis for distributing the judgment to be known as the ‘‘Dominguez Canyon qualifications. funds awarded by the Indian Claims Wilderness Area.’’ The purposes of the The Grand Junction and Commission to the Western Shoshone D–E NCA are to conserve and protect, Uncompahgre Field Offices will review Identifiable Group of Indians in Docket for the benefit and enjoyment of present the nomination packages in No. 326–K. Department of the Interior and future generations the unique and coordination with the affected counties regulations at 25 CFR 61.4(k) set out the important resources and values of the and the Governor of Colorado before eligibility requirements for inclusion on land. These resources and values forwarding recommendations to the this roll. To be eligible a person must:

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(i) Have at least 1⁄4 degree of Western DEPARTMENT OF THE INTERIOR The use of a right-of-way, interagency Shoshone blood; agreement, or cooperative agreement Bureau of Land Management (ii) Be living on July 7, 2004; would not provide adequate protection. The Forest Service would not need to (iii) Be a citizen of the United States; [LLOR–936000–L14300000–ET0000; HAG– acquire water rights to fulfill the and 10–0114; OR–44954] purpose of the requested withdrawal (iv) Not be certified by the Secretary extension. Notice of Proposed Withdrawal to be eligible to receive a per capita Records related to the application Extension and Public Meeting; Oregon payment from any other judgment fund may be examined by contacting Charles R. Roy at the above address or phone based on an aboriginal land claim AGENCY: Bureau of Land Management, awarded by the Indian Claims number. Interior. For a period of 90 days from the date Commission, the United States Claims ACTION: Notice. of publication of this notice, all persons Court, or the United States Court of who wish to submit comments, SUMMARY: Federal Claims, that was appropriated The United States Forest suggestions, or objections in connection on or before July 7, 2004. Service (USFS) has filed an application with the proposed withdrawal extension with the Bureau of Land Management The Secretary will use Indian census may present their views in writing to (BLM) that proposes to extend the rolls prepared by the Agents or the BLM Oregon/Washington State duration of Public Land Order (PLO) Superintendents at Carson or Western Director at the address indicated above. No. 6880, as corrected by PLO No. 6918, Electronic mail, facsimile, or telephone Shoshone Agencies between the years of for an additional 20-year term. PLO No. 1885 and 1940 and other documents comments will not be considered 6880 withdrew approximately 11,675.51 properly filed. acceptable to the Secretary in acres of National Forest System land establishing proof of eligibility of an Comments, including names and from mining in order to protect the street addresses of respondents, will be individual to be listed on the judgment scientific and ecological values, and the available for public review at the roll and receive a per capita payment investment of Federal funds at the address indicated above during regular under the Western Shoshone Claims Pringle Falls Experimental Forest and business hours. Distribution Act. Research Natural Area. The withdrawal Before including your address, phone In the preamble to the regulation created by PLO No. 6880 will expire on number, e-mail address, or other governing the creation of the roll of September 29, 2011, unless extended. personal identifying information in your Western Shoshone identifiable group of This notice also gives an opportunity to comment, be advised that your entire Indians for judgment fund distribution, comment on the proposed action and to comment—including your personal the Bureau of Indian Affairs set out a attend a public meeting. identifying information—may be made non-regulatory formula for determining DATES: Comments must be received by publicly available at any time. While the application deadline. Because that August 18, 2010. you can ask us in your comment to formula has proven to be ADDRESSES: Comments should be sent to withhold your personal identifying administratively impractical to the Oregon/Washington State Director, information from public review, we cannot guarantee that we will be able to administer, the Bureau of Indian Affairs, BLM, P.O. Box 2965, Portland, OR do so. If you wish to withhold your in conjunction with tribal leaders and 97208–2965. name or address from public review or FOR FURTHER INFORMATION CONTACT: the Western Shoshone Claims Steering from disclosure under the Freedom of Susan Daugherty, USFS Pacific Committee, has selected an application Information Act, you must state this Northwest Region, (503) 808–2416, or deadline that approximates what the prominently at the beginning of your Charles R. Roy, BLM Oregon/ deadline would be under the formula in comments. Such requests will be Washington State Office, (503) 808– the preamble, if that formula had honored to the extent allowed by law. 6189. worked as intended. All submissions from organizations or The information collection SUPPLEMENTARY INFORMATION: The businesses, and from individuals requirement contained in this notice has United States Forest Service has filed an identifying themselves as been approved by the Office of application requesting that the Secretary representatives or officials of Management and Budget (OMB) under of the Interior extend PLO No. 6880 (56 organization or businesses, will be made 44 U.S.C. 3504(h). The OMB control FR 49416 (1991)), as corrected by PLO available for public inspection in their number is 1076–0165 and expires on No. 6918 (56 FR 66602 (1991)), for an entirety. November 30, 2011. Response is additional 20-year term, subject to valid Notice is hereby given that a public required to obtain a benefit. An agency existing rights. PLO 6880, as corrected meeting in connection with the by PLO No. 6918, withdrew certain proposed withdrawal extension will be may not sponsor, and you are not lands in Deschutes County, Oregon, held on July 6, 2010 from 5 p.m. to 7 required to respond to, any information from location and entry under the p.m. at the Deschutes National Forest collection that does not display a United States mining laws (30 U.S.C. ch. Headquarters located at 1001 SW. currently valid OMB control number. 2). The area described contains Emkay Drive, Bend, OR. A notice of the Dated: May 10, 2010. approximately 11,675.51 acres in time and place of this meeting will be Larry Echo Hawk, Deschutes County. PLO No. 6880 is published in at least one local Assistant Secretary—Indian Affairs. incorporated herein by reference. newspaper, no less than 30 days before The purpose of the proposed the scheduled date of the meeting. [FR Doc. 2010–11923 Filed 5–19–10; 8:45 am] withdrawal extension is to continue the Interested parties may make oral BILLING CODE 4310–4J–P protection of the scientific and statements at the meeting and may file ecological values, and the investment of written statements with the BLM. All Federal funds at the Pringle Falls statements received will be considered Experimental Forest and Research before any recommendation concerning Natural Area. the proposed extension is submitted to

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the Assistant Secretary for Land and The area described contains approximately Federal Land Policy and Management Minerals Management for final action. 12.5 acres, more or less, in Mohave County. Act (FLPMA) (43 U.S.C. 1761); The application will be processed in In accordance with the R&PP Act, the 6. Right-of-way AZA 021363 held by accordance with the regulations set College filed an application to lease UNS Electric for power line purposes, forth in 43 CFR 2300.4. and/or purchase the above-described pursuant to Section 501 of FLPMA (43 (Authority: 43 CFR 2310.3–1) property to develop as a community U.S.C. 1761); college. The proposed facilities would 7. All valid existing rights Fred O’Ferrall, consist of classrooms, offices, computer documented on the official public land Chief, Branch of Land, Mineral, and Energy facilities, library and bookstore, athletic records at the time of lease or patent Resources. facilities, and related appurtenances for issuance; 8. An appropriate indemnification [FR Doc. 2010–12155 Filed 5–19–10; 8:45 am] educational purposes. The community clause protecting the United States from BILLING CODE 3410–11–P college would provide important claims arising out of the lessee/ educational services for a portion of patentee’s use, occupancy, or operations Mohave County which has experienced DEPARTMENT OF THE INTERIOR on the leased/patented lands; and rapid population growth. Additional 9. Any other terms or conditions Bureau of Land Management detailed information pertaining to this deemed necessary or appropriate by the application, plan of development, and authorized officer. [LLAZC01000.L14300000.ES0000.241A, AZA site plan is located in case file AZA 34298] Upon publication of this notice in the 34298 at the BLM Kingman Field Office Federal Register, the lands will be at the address above. Notice of Realty Action; Recreation segregated from all other forms of The College is a political subdivision and Public Purposes Act appropriation under the public land of the State of Arizona and is therefore Classification; Lease and Conveyance laws, including the general mining laws, a qualified applicant under the R&PP of Public Land; Arizona except for lease or conveyance under Act. The above-described land is not the R&PP Act and leasing under the AGENCY: Bureau of Land Management, needed for any Federal purpose. Lease mineral leasing laws. Interior. and/or conveyance of the land to the Classification Comments: Interested ACTION: Notice of Realty Action. College would be in conformance with persons may submit comments the BLM Kingman Resource involving the suitability of the land for SUMMARY: The Mohave County Management Plan, approved March development of a community college. Community College District (College) 1995, and would be in the public Comments on the classification are filed an application to lease/purchase interest. The College has not applied for restricted to whether: (1) The land is approximately 12.5 acres of public land more than 640 acres for public purposes physically suited for the proposal or any in Mohave County, Arizona, under the other than recreation in a year, the limit other issues that would be pertinent to provisions of the Recreation and Public set in 43 CFR 2741.7(a)(2), and has the environmental assessment (prepared Purposes (R&PP) Act, as amended, for submitted a statement in compliance under the National Environmental the purpose of a community college. with the regulations at 43 CFR Policy Act of 1969) for this action; (2) The Bureau of Land Management (BLM) 2741.4(b). The use will maximize the future use or has examined and found the land Any lease or conveyance will be uses of the land; (3) The use is suitable to be classified for lease and/or subject to the provisions of the R&PP consistent with local planning and conveyance under the provisions of the Act and applicable regulations of the zoning; and (4) The use is consistent R&PP Act. Secretary of the Interior, and will be with State and Federal programs. DATES: Interested parties may submit subject to the following terms, Application Comments: Interested written comments regarding the conditions, and reservations: parties may submit comments regarding proposed classification and lease or 1. A right-of-way thereon for ditches the specific use proposed in the conveyance of this public land on or and canals constructed by the authority application and plan of development, before July 6, 2010. of the United States Act of August 30, whether the BLM followed proper ADDRESSES: Mail written comments to 1890, 26 Stat. 391 (43 U.S.C. 945); administrative procedures in reaching Ruben Sanchez, BLM Field Manager, 2. All minerals shall be reserved to the classification decision, or any other Kingman Field Office, 2755 Mission the United States, together with the factor not directly related to the Boulevard, Kingman, Arizona, 86401. right to prospect for, mine and remove suitability of the land for R&PP use as such deposits from the same under FOR FURTHER INFORMATION CONTACT: a community college. Andy Whitefield, Environmental applicable law and such regulations as Before including your address, phone Protection Specialist, at the above the Secretary of the Interior may number, e-mail address, or other address, or by e-mail at: prescribe; personal identifying information in your [email protected], or phone 3. Right-of-way AZAR 032609 for a comment, you should be aware that (928) 718–3746. water pipeline granted to Valley your entire comment—including your Pioneers Water Company, its successors personal identifying information—may SUPPLEMENTARY INFORMATION: The BLM and assigns, pursuant to the Act of be made publicly available at any time. has examined and found suitable to be February 15, 1901 (43 U.S.C. 959); While you can ask us in your comment classified for lease and subsequent 4. Right-of-way AZAR 033291 for to withhold your personal identifying conveyance under the provisions of the power line purposes granted to information from public review, we R&PP Act, as amended (43 U.S.C. 869 et UniSource Energy Corporation, its cannot guarantee that we will be able to seq.), the following described public successors and assigns, pursuant to the do so. Any adverse comments will be land: Act of March 4, 1911 (43 U.S.C. 961); reviewed by the BLM State Director who Gila and Salt River Meridian 5. Right-of-way AZA 017931 for a may sustain, vacate, or modify this T. 21 N., R. 18 W., road, granted to the Mohave County realty action. In the absence of any Sec. 8, S1⁄2S1⁄2SW1⁄4NW1⁄4NW1⁄4 and Board of Supervisors, its successors and adverse comments, the classification NW1⁄4SW1⁄4NW1⁄4. assigns, pursuant to Section 501 of the will become effective on July 19, 2010.

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The land will not be available for lease or IBLA), required the Bureau of Land INTERNATIONAL TRADE or conveyance until after the Management (BLM) to prepare a mineral COMMISSION classification becomes effective. report to determine whether the subject [Investigation No. 337–TA–698] (Authority: 43 CFR 2741.5) lands were mineral in character at the time of the land exchanges. Based on In the Matter of: Certain DC–DC Ruben A. Sa´nchez, the BLM’s mineral report, the IBLA Controllers and Products Containing Kingman Field Manager. issued a Summary Decision on Same; Notice of Commission Decision [FR Doc. 2010–12158 Filed 5–19–10; 8:45 am] September 1, 1999 (IBLA 97–227) which Not To Review the Administrative Law BILLING CODE 4310–32–P held that because the subject lands were Judge’s Initial Determination Granting non-mineral in character at the time of Complainants’ Motion To Amend the the 1947 and 1948 exchanges, the Complaint and Notice of Investigation DEPARTMENT OF THE INTERIOR reservation of minerals by the State of Arizona was void, and that those AGENCY: U.S. International Trade Bureau of Land Management minerals transferred by operation of law Commission. [LLAZG01000.L14300000.FO0000.241A; to the United States in the land ACTION: Notice. AZPHX–080687 and AZPHX–080893] exchanges. This Notice opens the lands to the public land and mining, mineral SUMMARY: Notice is hereby given that Notice of Realty Action: Opening of leasing, and mineral materials laws as the U.S. International Trade Public Lands; Arizona specified below. Commission has determined not to review the presiding administrative law The lands are described as follows: AGENCY: Bureau of Land Management, judge’s initial determination (‘‘ID’’) Interior. Gila & Salt River Meridian (Order No. 19) granting complainants’ ACTION: Notice of Realty Action. T. 12 S., R. 29 E., motion to amend the complaint and Sec. 2, lots 1 to 4, inclusive, S1⁄2N1⁄2, and notice of investigation. SUMMARY: This Notice opens 1,920 1 S ⁄2; FOR FURTHER INFORMATION CONTACT: acres, more or less, of public land Sec. 3, lots 1 to 4, inclusive, S1⁄2N1⁄2, and Sidney A. Rosenzweig, Office of the 1 located in Cochise County, Arizona, to S ⁄2; General Counsel, U.S. International Sec. 11. location and entry under the public land Trade Commission, 500 E Street, SW., laws, including the general mining laws. The area described contains 1,920 acres, Washington, DC 20436, telephone (202) more or less, in Cochise County. DATES: Effective Date: May 20, 2010. 708–2532. Copies of non-confidential ADDRESSES: Bureau of Land 1. Beginning at 9 a.m. on May 20, documents filed in connection with this Management Safford Field Office, 711 2010, the lands described above shall be investigation are or will be available for 14th Avenue, Safford, Arizona 85546. open to the operation of the public land inspection during official business FOR FURTHER INFORMATION CONTACT: Tom laws generally, subject to valid existing hours (8:45 a.m. to 5:15 p.m.) in the Schnell, Assistant Field Manager for rights, the provisions of existing Office of the Secretary, U.S. Nonrenewable Resources, at the above withdrawals, other segregations of International Trade Commission, 500 E address or call 928–348–4420. record, and the requirements of Street, SW., Washington, DC 20436, SUPPLEMENTARY INFORMATION: Pursuant applicable law. All valid applications telephone (202) 205–2000. General to the Enabling Act of June 20, 1910, as received at 9 a.m. on May 20, 2010, information concerning the Commission amended (36 Stat. 557), upon Arizona shall be considered as simultaneously may also be obtained by accessing its statehood, the surface and subsurface filed at that time. Those received Internet server at http://www.usitc.gov. interest in the subject lands became thereafter shall be considered in the The public record for this investigation State lands. In 1947 and 1948, two order of filing. may be viewed on the Commission’s separate land exchanges (PHX–080893 2. At 9 a.m. on May 20, 2010, the electronic docket (EDIS) at http:// and PHX–080687) transferred these lands described above shall be open to edis.usitc.gov. Hearing-impaired lands back to the United States pursuant location and entry under the United persons are advised that information on to the Taylor Grazing Act of June 28, States mining laws, and to the mineral this matter can be obtained by 1934, as amended (48 Stat. 1269). The leasing and mineral materials laws, contacting the Commission’s TDD Taylor Grazing Act allowed states to subject to valid existing rights, the terminal on (202) 205–1810. retain the mineral rights in such land provisions of existing withdrawals, SUPPLEMENTARY INFORMATION: The exchanges, but only if the lands were other segregations of record, and the Commission instituted this investigation ‘‘mineral in character.’’ The subject requirements of applicable law. on December 29, 2009, based on a lands were deemed ‘‘mineral in Appropriation of the lands under the complaint filed by Richtek Technology character’’ based on the presence of general mining laws prior to the date Corp. of Taiwan and Richtek USA, Inc. State oil and gas leases. Therefore, the and time of opening is unauthorized. of San Jose, California (‘‘Richtek’’), State of Arizona retained the subsurface Any such attempted appropriation, alleging a violation of section 337 in the estate and transferred only the surface including attempted adverse possession importation, sale for importation, and estate to the United States. under 30 U.S.C. 38 (2000) shall vest no sale within the United States after In the 1990s, UOP, a general rights against the United States. importation of certain DC–DC partnership that was operating a mine Acts required to establish a location controllers by reason of infringement of on the lands involved, challenged the and to initiate a right of possession are certain claims of U.S. Patent Nos. State’s determination that the lands governed by State law where not in 7,315,190 (‘‘the ’190 patent’’); 6,414,470; were mineral in character and the conflict with Federal law. and 7,132,717, and by reason of trade State’s retention of minerals when the secret misappropriation. 75 FR 446 (Jan. lands were exchanged to the United Scott C. Cooke, 5, 2010). The complaint named five States. As a result, the Department of Safford Field Manager. respondents. On March 5, 2010, the ALJ the Interior’s Office of Hearings and [FR Doc. 2010–12146 Filed 5–19–10; 8:45 am] granted Richtek’s motion to allow Appeals (Interior Board of Land Appeals BILLING CODE 4310–32–P Richtek to add three new respondents

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and to correct the name of another; an presiding administrative law judge proceeding by notice in the Federal ID issued. Order No. 6 (Mar. 5, 2010). (‘‘ALJ’’) on March 18, 2010 in the above- Register on October 10, 2008. On March 31, 2010, the Commission captioned investigation. Notice is On March 18, 2010, the ALJ issued determined not to review that ID. 75 FR further given that the Commission is the subject ID, finding that, due to 17433–34 (Apr. 6, 2010). requesting briefing on remedy, the infringement of claims 2 and 34 of the On April 12, 2010, Richtek moved for public interest, and bonding with ‘258 patent by the accused products, leave to amend its complaint to assert respect to the ID’s findings and AATI violated the LEO. AATI filed a dependent claims 8–11 of the ’190 recommendations concerning petition for review of certain aspects of patent on the basis of newly discovered enforcement measures. the ID, and Linear filed a contingent evidence produced by the respondents petition for review of the ID. AATI and in this investigation. Independent claim FOR FURTHER INFORMATION CONTACT: Paul Linear filed responses to each others’ 1 of the ’190 patent (upon which claims M. Bartkowski, Office of the General petitions, and the Commission 8–11 depend) had always been asserted Counsel, U.S. International Trade investigative attorney filed a joint in this investigation. On April 20, 2010, Commission, 500 E Street, SW., response to the private parties’ the respondents filed their opposition, Washington, DC 20436, telephone (202) petitions. Having reviewed the record of arguing that Richtek’s two-month delay 708–5432. Copies of all nonconfidential the enforcement proceeding, including in asserting these patent claims caused documents filed in connection with this the petition for review and the them prejudice. The next day, the investigation are or will be available for responses thereto, the Commission has Commission’s investigative attorney inspection during official business determined not to review the ID. filed a response indicating that she did hours (8:45 a.m. to 5:15 p.m.) in the In connection with the final not oppose the motion. Office of the Secretary, U.S. disposition of this proceeding, the On April 22, 2010, the ALJ issued an International Trade Commission, 500 E Commission may (1) modify the LEO ID granting Richtek’s motion. Order No. Street, SW., Washington, DC 20436, and/or (2) issue a cease-and-desist order 19 (Apr. 22, 2010). The ID found good telephone 202–205–2000. General that could result in the respondent cause for Richtek’s delay and tacitly information concerning the Commission being required to cease and desist from rejected the respondents’ allegations of may also be obtained by accessing its engaging in unfair acts in the prejudice. Id. at 6–7. Internet server (http://www.usitc.gov). importation and sale of the subject No petitions for review of the ID were The public record for this investigation articles. Accordingly, the Commission is filed. The Commission has determined may be viewed on the Commission’s interested in receiving written not to review the ID. electronic docket (EDIS) at http:// submissions that address the form of The authority for the Commission’s edis.usitc.gov/. Hearing-impaired remedy, if any, that should be ordered. determination is contained in section persons are advised that information on The Commission is particularly 337 of the Tariff Act of 1930, as the matter can be obtained by contacting interested in receiving briefing amended (19 U.S.C. 1337), and in the Commission’s TDD terminal on 202– regarding potential modifications to the section 210.42 of the Commission’s 205–1810. LEO that ensure exclusion of the products for which a violation was Rules of Practice and Procedure (19 CFR SUPPLEMENTARY INFORMATION: The 210.42). found. If a party seeks exclusion of an Commission instituted the investigation article from entry into the United States By order of the Commission. underlying this enforcement proceeding for purposes other than entry for Issued: May 14, 2010. on March 22, 2006, based on a consumption, the party should so Marilyn R. Abbott, complaint filed by Linear Technology indicate and provide information Secretary to the Commission. Corporation (‘‘Linear’’) of Milpitas, establishing that activities involving [FR Doc. 2010–12101 Filed 5–19–10; 8:45 am] California. 71 FR 14545. The complaint, other types of entry either are adversely as supplemented, alleged violations of BILLING CODE 7020–02–P affecting it or likely to do so. For section 337 of the Tariff Act of 1930 (19 background, see In the Matter of Certain U.S.C. **1337) in the importation into Devices for Connecting Computers via INTERNATIONAL TRADE the United States, the sale for Telephone Lines, Inv. No. 337–TA–360, COMMISSION importation, and the sale within the USITC Pub. No. 2843 (December 1994) United States after importation of (Commission Opinion). [Inv. No. 337–TA–564] certain voltage regulators, components If the Commission contemplates some thereof and products containing the In the Matter of: Certain Voltage form of remedy, it must consider the same, by reason of infringement of Regulators, Components Thereof and effects of that remedy upon the public certain claims of United States Patent Products Containing Same; interest. The factors the Commission No. 6,411,531 and of United States Enforcement Proceeding; Notice of will consider include the effect that a Patent No. 6,580,258 (‘‘the ‘258 patent’’). Commission Determination Not To modified exclusion order and/or cease- The complaint named Advanced Review the Enforcement Initial and-desist orders would have on (1) the Analogic Technologies, Inc. (‘‘AATI’’) of Determination; Schedule for Briefing public health and welfare, (2) Sunnyvale, California as the sole on the Issues of Remedy, Public competitive conditions in the U.S. respondent. After Commission review of Interest, and Bonding economy, (3) U.S. production of articles the administrative law judge’s (‘‘ALJ’’) that are like or directly competitive with AGENCY: U.S. International Trade final ID, the Commission determined those that are subject to investigation, Commission. that there was a violation of section 337 and (4) U.S. consumers. The ACTION: Notice. by AATI with respect to certain asserted Commission is therefore interested in claims of the ‘258 patent and issued a receiving written submissions that SUMMARY: The United States limited exclusion order (‘‘LEO’’) address the aforementioned public International Trade Commission hereby consistent with its findings of violation. interest factors in the context of this provides notice that it has determined Subsequently, based on an enforcement investigation. not to review the Enforcement Initial complaint filed by Linear, the If the Commission orders some form Determination (‘‘ID’’) issued by the Commission instituted an enforcement of remedy, the U.S. Trade

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Representative, as delegated by the INTERNATIONAL TRADE Inc., a/k/a Washington Cash & Carry of President, has 60 days to approve or COMMISSION Washington, DC (‘‘Washington Food’’); disapprove the Commission’s action. Vending Plus, Inc., of Glen Burnie, See Presidential Memorandum of July [Investigation No. 337–TA–678] Maryland; and Baltimore Beverage Co., 21, 2005, 70 FR 43251 (July 26, 2005). In the Matter of Certain Energy Drink Glen Burnie, Maryland. The complaint During this period, the subject articles Products; Notice of Commission alleged violations of Section 337 of the would be entitled to enter the United Decision Not To Review an Initial Tariff Act of 1930, as amended, by States under bond, in an amount Determination of Violation of Section reason of the importation, the sale for determined by the Commission. The 337; Schedule for Submissions on importation, or the sale after Commission is therefore interested in Remedy, Public Interest, and Bonding importation, of certain energy drink receiving submissions concerning the products that infringe U.S. Trademark amount of the bond that should be AGENCY: U.S. International Trade Registration Nos. 3,092,197; 2,946,045; imposed if a remedy is ordered. Commission. 2,2994,429; 3,479,607 and U.S. Written Submissions: The parties to ACTION: Notice. Copyright Registration No. the investigation, interested government VA0001410959. The complaint further agencies, and any other interested SUMMARY: Notice is hereby given that alleged that an industry in the United parties are encouraged to file written the U.S. International Trade States exists as required by subsection submissions on the issues of remedy, Commission has determined not to (a)(2) of section 337. On August 12, the public interest, and bonding. All review a final initial determination 2009, the Commission determined not parties are requested to submit proposed (‘‘final ID’’) (Order No. 34) issued by the to review an ID (Order No. 7) granting remedial orders for the Commission’s presiding administrative law judge a motion to amend the notice of consideration. Complainants are (‘‘ALJ’’) finding a violation of Section investigation to clarify that Vending requested to state the dates that the 337 of the Tariff Act of 1930, as Plus, Inc., and Baltimore Beverage Co., patents expire and the HTSUS numbers amended (‘‘section 337’’) in the above- comprise a single entity, Vending Plus, under which the accused products are identified investigation. Inc. d/b/a Baltimore Beverage Co. imported. The written submissions and FOR FURTHER INFORMATION CONTACT: (‘‘Vending Plus’’). On September 30, proposed remedial orders must be filed James A. Worth, Office of the General 2009, the Commission determined not no later than close of business on June Counsel, U.S. International Trade to review an ID (Order No. 11) granting 2, 2010. Reply submissions, if any, must Commission, 500 E Street, SW., a motion to amend the notice of be filed no later than the close of Washington, DC 20436, telephone 202– investigation to include the following business on June 11, 2010. No further 205–3065. Copies of the public version additional respondents: Posh Nosh submissions on these issues will be of the ID and all nonconfidential Imports (USA), Inc., of South Kearny, permitted unless otherwise ordered by documents filed in connection with this New Jersey (‘‘Posh Nosh’’); Greenwich, the Commission. investigation are or will be available for Inc., of Florham Park, New Jersey Persons filing written submissions inspection during official business (‘‘Greenwich’’); Advantage Food must file the original document and 12 hours (8:45 a.m. to 5:15 p.m.) in the Distributors Ltd., of Suffolk, UK true copies thereof on or before the Office of the Secretary, U.S. (‘‘Advantage Food’’); Wheeler Trading, deadlines stated above with the Office International Trade Commission, 500 E Inc., of Miramar, Florida (‘‘Wheeler of the Secretary. Any person desiring to Street, SW., Washington, DC 20436, Trading’’); Avalon International General submit a document to the Commission telephone 202–205–2000. Hearing- Trading, LLC, of Dubai, United Arab ‘‘ ’’ in confidence must request confidential impaired persons are advised that Emirates ( Avalon ); and Central ‘‘ treatment unless the information has information on this matter can be Supply, Inc., of Brooklyn, NY ( Central ’’ already been granted such treatment obtained by contacting the Supply ). On January 5, 2010, the Commission during the proceedings. All such Commission’s TDD terminal on 202– determined not to review IDs (Order requests should be directed to the 205–1810. General information Nos. 21 and 22) finding Lamont and Secretary of the Commission and must concerning the Commission may also be Avalon in default pursuant to include a full statement of the reasons obtained by accessing its Internet server why the Commission should grant such Commission Rule 210.16. On January (http://www.usitc.gov). The public 20, 2010, the Commission determined treatment. See 19 CFR *201.6. record for this investigation may be Documents for which confidential not to review four IDs (Order Nos. 24, viewed on the Commission’s electronic 25, 26, and 27) terminating the treatment by the Commission is sought docket (EDIS) at http://edis.usitc.gov. will be treated accordingly. All investigation as to respondents Wheeler nonconfidential written submissions SUPPLEMENTARY INFORMATION: On June Trading, Washington Food, India will be available for public inspection at 17, 2009, the Commission instituted this Imports, and Vending Plus on the basis the Office of the Secretary. investigation, based on a complaint filed of settlement agreements. On January The authority for the Commission’s by Red Bull GmbH of Fuschl am See, 28, 2010, the Commission determined determination is contained in section Austria, and Red Bull North America of not to review IDs (Order Nos. 29 and 30) 337 of the Tariff Act of 1930, as Santa Monica, California (collectively, finding respondents Posh Nosh, amended (19 U.S.C. 1337), and in ‘‘Red Bull’’) filed on May 15, 2009, and Greenwich, Advantage Food, and section 210.42 of the Commission’s supplemented on June 1, 2009. The Chicago Imports in default pursuant to Rules of Practice and Procedure (19 CFR respondents named in the notice of Commission Rule 210.16. On February 210.42). investigation were: Chicago Import Inc., 16, 2010, the Commission determined of Chicago, Illinois (‘‘Chicago Import’’); not to review an ID (Order No. 32) By order of the Commission. Lamont Distr., Inc., a/k/a Lamont finding respondent Central Supply in Issued: May 14, 2010. Distributors Inc., of Brooklyn, New York default pursuant to Commission Rule Marilyn R. Abbott, (‘‘Lamont’’); India Imports, Inc., a/k/a 210.16. Secretary to the Commission. International Wholesale Club of On December 2, 2009, Red Bull [FR Doc. 2010–12103 Filed 5–19–10; 8:45 am] Metairie, Louisiana (‘‘India Imports’’); moved for summary determination on BILLING CODE 7020–02–P Washington Food and Supply of DC, the issues of domestic industry,

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importation, and violation of Section production of articles that are like or will be available for public inspection at 337. Pursuant to Commission Rule directly competitive with those that are the Office of the Secretary. 210.16(c)(2), 19 CFR 216(c)(2), Red Bull subject to investigation, and (4) U.S. The authority for the Commission’s also stated that it was seeking a general consumers. The Commission is determination is contained in section exclusion order. On December 23, 2009, therefore interested in receiving written 337 of the Tariff Act of 1930, as the Commission investigative attorney submissions that address the amended (19 U.S.C. 1337), and in submitted a response, in support of a aforementioned public interest factors sections 210.16 and 210.42–46 of the finding that domestic industry exists in the context of this investigation. Commission’s Rules of Practice and and that Section 337 has been violated If the Commission orders some form Procedure (19 CFR 210.16; 210.42–46). by defaulting respondents Avalon, Posh of remedy, the U.S. Trade Nosh, Greenwich, Advantage Food, Representative, as delegated by the By order of the Commission. Central Supply, and Chicago Import, but President, has 60 days to approve or Issued: May 14, 2010. not by respondent Lamont. On January disapprove the Commission’s action. Marilyn R. Abbott, 13, 2010, and again on March 10, 2010, See Presidential Memorandum of July Secretary to the Commission. Red Bull filed without objection 21, 2005. 70 FR 43251 (July 26, 2005). supplemental declarations and During this period, the subject articles [FR Doc. 2010–12102 Filed 5–19–10; 8:45 am] attachments to its motion for summary would be entitled to enter the United BILLING CODE 7020–02–P determination. States under bond, in an amount On March 31, 2010, the presiding determined by the Commission and administrative law judge issued the prescribed by the Secretary of the INTERNATIONAL TRADE subject final ID, Order No. 34, granting Treasury. The Commission is therefore COMMISSION Red Bull’s motion for summary interested in receiving submissions determination of violation with respect concerning the amount of the bond that [USITC SE–10–016] to respondents Avalon, Posh Nosh, should be imposed if a remedy is Greenwich, Advantage Food, Central ordered. Government in the Sunshine Act Supply, and Chicago Import. He also Written Submissions: Parties to the Meeting Notice recommended a general exclusion order investigation, interested government and a 100 percent bond to permit agencies, and any other interested AGENCY HOLDING THE MEETING: United importation during the Presidential parties are encouraged to file written States International Trade Commission. review period. submissions on the issues of remedy, No petitions for review were filed. TIME AND DATE: May 26, 2010 at 11 a.m. the public interest, and bonding. The Commission has determined not to PLACE: review Order No. 34. Complainants and the Commission Room 101, 500 E Street, SW., In connection with the final investigative attorney are also requested Washington, DC 20436, Telephone: disposition of this investigation, the to submit proposed remedial orders for (202) 205–2000. the Commission’s consideration. Commission may (1) issue an order that STATUS: Open to the public. could result in the exclusion of the Complainants are also requested to state subject articles from entry into the the HTSUS numbers under which the MATTERS TO BE CONSIDERED: accused products are imported. United States, and/or (2) issue one or 1. Agenda for future meetings: None. more cease and desist orders that could Written submissions must be filed no 2. Minutes. result in the respondent being required later than close of business on May 28, to cease and desist from engaging in 2010. Reply submissions must be filed 3. Ratification List. unfair acts in the importation and sale no later than the close of business on 4. Inv. No. 731–TA–149 (Third of such articles. Accordingly, the June 7, 2010. Such submissions should Review) (Barium Chloride from Commission is interested in receiving address the ALJ’s recommended China)—briefing and vote. (The determinations on remedy and bonding written submissions that address the Commission is currently scheduled to which were made in Order No. 34. No form of remedy, if any, that should be transmit its determination and ordered. If a party seeks exclusion of an further submissions on any of these issues will be permitted unless Commissioners’ opinions to the article from entry into the United States Secretary of Commerce on or before for purposes other than entry for otherwise ordered by the Commission. June 9, 2010.) consumption, the party should so Persons filing written submissions indicate and provide information must file the original document and 12 5. Outstanding action jackets: None. establishing that activities involving true copies thereof on or before the In accordance with Commission other types of entry either are adversely deadlines stated above with the Office policy, subject matter listed above, not affecting it or likely to do so. For of the Secretary. Any person desiring to disposed of at the scheduled meeting, background, see In the Matter of Certain submit a document to the Commission may be carried over to the agenda of the Devices for Connecting Computers via in confidence must request confidential following meeting. Telephone Lines, Inv. No. 337–TA–360, treatment unless the information has USITC Pub. No. 2843 (December 1994) already been granted such treatment By order of the Commission: (Commission Opinion). during the investigation. All such Issued: May 18, 2010. If the Commission contemplates some requests should be directed to the William R. Bishop, form of remedy, it must consider the Secretary to the Commission and must Hearings and Meetings Coordinator. effects of that remedy upon the public include a full statement of the reasons [FR Doc. 2010–12329 Filed 5–18–10; 4:15 pm] interest. The factors the Commission why the Commission should grant such will consider include the effect that an treatment. See 19 CFR *201.6. BILLING CODE 7020–02–P exclusion order and/or cease and desist Documents for which confidential orders would have on (1) the public treatment by the Commission is sought health and welfare, (2) competitive will be treated accordingly. All conditions in the U.S. economy, (3) U.S. nonconfidential written submissions

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DEPARTMENT OF JUSTICE other OJP funding opportunities, visit efforts to develop and implement Grants.gov’s ‘‘Find Grant Opportunities’’ effective coordinated prevention and Office of Juvenile Justice and Web page at http://www.grants.gov/ intervention programs and improve the Delinquency Prevention applicants/find_grant_opportunities.jsp. juvenile justice system so that it protects No proposals, concept papers, or other public safety, holds offenders [OJP (OJJDP) Docket No. 1521] forms of application should be accountable, and provides treatment Final Plan for Fiscal Year 2010 submitted in response to this Final Plan. and rehabilitation services tailored to Department Priorities: OJJDP has the needs of juveniles and their families. AGENCY: Office of Juvenile Justice and structured this plan to reflect the high Guiding Principles for OJJDP’s Delinquency Prevention, Office of priority that the Administration and the National Leadership: OJJDP provides Justice Programs, Department of Justice. Department have placed on addressing targeted funding, sponsors research and ACTION: Notice of Final Plan for Fiscal youth violence and victimization and demonstration programs, offers training Year 2010. improving protections for youth and technical assistance, disseminates involved with the juvenile justice information, and uses technology to SUMMARY: The Office of Juvenile Justice system. The programs presented here enhance programs and collaboration in and Delinquency Prevention is represent OJJDP’s current thinking on exercising its national leadership role. publishing this notice of its Final Plan how to advance the Department’s In all of these efforts, the following four for fiscal year (FY) 2010. priorities during this fiscal year. This principles guide OJJDP: FOR FURTHER INFORMATION CONTACT: The Final Plan also incorporates feedback (1) Empower communities and engage Office of Juvenile Justice and from OJJDP’s ongoing outreach to the youth and families. Delinquency Prevention at 202–307– field seeking ideas on program areas and (2) Promote evidence-based practices. the most promising approaches for those (3) Require accountability. 5911. [This is not a toll-free number.] (4) Enhance collaboration. SUPPLEMENTARY INFORMATION: The Office types of areas. 1. Empower communities and engage OJJDP’s Purpose: Congress established of Juvenile Justice and Delinquency youth and families. Families and OJJDP through the JJDP Act of 1974 to Prevention (OJJDP) is a component of communities play an essential role in help States and communities prevent the Office of Justice Programs (OJP) in any effort to prevent delinquency and and control delinquency and strengthen the U.S. Department of Justice. protect children from victimization. their juvenile justice systems and to Provisions within Section 204(b)(5)(A) Communities must reach beyond the coordinate and administer national of the Juvenile Justice and Delinquency formal systems of justice, social policy in this area. Prevention Act of 1974, as amended, 42 services, and law enforcement to tap U.S.C. 5601 et seq. (JJDP Act), direct the Although States, American Indian/ Alaska Native (AI/AN) communities,1 into the wisdom and energies of many OJJDP Administrator to publish for others—including business leaders, the public comment a Proposed Plan and other localities retain primary responsibility for administering juvenile media, neighborhood associations, block describing the program activities that leaders, elected officials, tribal leaders, OJJDP proposes to carry out during FY justice and preventing juvenile delinquency, OJJDP supports and clergy, faith-based organizations, and 2010 under Parts D and E of Title II of especially families and young people the JJDP Act, codified at 42 U.S.C. 5651– supplements the efforts of public and private organizations at all levels themselves—who have a stake in 5665a, 5667, 5667a. Because the Office’s helping local youth become productive, discretionary activities extend beyond through program funding via formula, block, and discretionary grants; law-abiding citizens. In particular, Parts D and E, the Acting Administrator OJJDP must engage families and youth of OJJDP published a proposed plan administration of congressional earmark programs; research; training and in developing solutions to delinquency outlining a more comprehensive listing and victimization. Their strengths, of the Office’s programs. OJJDP invited technical assistance; funding of demonstration projects; and experiences, and aspirations provide an the public to comment on the Proposed important perspective in developing Plan for FY 2010, which was published dissemination of information. OJJDP also helps administer Federal policy those solutions. in the Federal Register on December 1, To be effective, collaboration among related to juvenile justice and 2009 (74 FR 62821). The deadline for community stakeholders must be delinquency prevention through its submitting comments on the Proposed grounded in up-to-date information. leadership role in the Coordinating Plan was January 15, 2010. With Federal assistance that OJJDP Council on Juvenile Justice and The Acting Administrator reviewed provides, community members can and analyzed the public comments that Delinquency Prevention. OJJDP’s Vision: OJJDP strives to be the partner to gather data, assess local OJJDP received, and a summary of recognized authority and national leader conditions, and make decisions to OJJDP activities since the comment dedicated to the future, safety, and well- ensure resources are targeted for period ended appears later in this being of children and youth in, or at risk maximum impact. document. The Acting Administrator 2. Promote evidence-based practices. of entering, the juvenile justice system took these comments into consideration To make the best use of public and to serving children, families, and in developing this Final Plan, which resources, OJJDP must identify ‘‘what community organizations that protect describes the program activities that works’’ in delinquency prevention and children from harm and exploitation. OJJDP intends to fund during FY 2010. juvenile justice. OJJDP is the only OJJDP’s Mission: OJJDP provides Since early in 2010, OJJDP has posted Federal agency with a specific mission national leadership, coordination, and on its Web site (http:// to develop and disseminate knowledge resources to prevent and respond to www.ojjdp.ncjrs.gov) solicitations for about what works in this field. Drawing juvenile delinquency and victimization competitive programs to be funded on this knowledge, OJJDP helps by supporting States, tribal under the Final Plan for FY 2010. These communities replicate proven programs jurisdictions, and communities in their funding opportunities are announced and improve their existing programs. via OJJDP’s JUVJUST listserv and other 1 In this plan, the terms ‘‘tribes’’ and ‘‘tribal OJJDP helps communities match methods of electronic notification. To jurisdictions’’ refer to both American Indian and program models to their specific needs obtain information about OJJDP and Alaska Native communities. and supports interventions that respond

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to the developmental, cultural, and period, OJJDP received 150 submissions. OJJDP Final Plan for Fiscal Year 2010 gender needs of the youth and families Since the close of public comment, they will serve. OJJDP has carefully reviewed and Each year OJJDP receives formula and 3. Require accountability. OJJDP considered each of the submissions in block grant funding as well as requires the national, State, tribal, and its development of the Final Plan for FY discretionary funds for certain program local entities whose programs OJJDP 2010. areas. Based on the 2010 budget, OJJDP supports to explain how they use offers the following 2010 Final Plan for program resources, determine and Comments addressed many of the its discretionary funding. Programs are report on how effective the programs are program areas and activities in which organized according to Department in alleviating the problems they are OJJDP is currently engaged. Far and priorities and traditional OJJDP focus intended to address, and propose plans away, detention and corrections reform areas. was the single topic that elicited the for remediation of performance that Department and OJJDP Priorities does not meet standards. OJJDP has most responses. More than a third of the established mandatory performance comments dealt with some aspect of OJJDP administers grant programs measures for all its programs and detention and corrections reform. In authorized by the Juvenile Justice and reports on those measures to the Office keeping with U.S. Department of Justice Delinquency Prevention Act of 1974, as of Management and Budget. OJJDP priorities, OJJDP will sponsor several amended. OJJDP also administers requires its grantees and applicants to detention and corrections reform programs under other legislative report on these performance measures, programs in FY 2010. They include the authority and through partnerships with set up systems to gather the data National Training and Technical other Federal agencies. In keeping with necessary to monitor those performance Assistance Center for Youth in Custody, OJJDP’s mission, these programs are measures, and use this information to which will provide education, training, designed to help strengthen the juvenile continuously assess progress and fine- and technical assistance for State, local, justice system, prevent juvenile tune the programs. and tribal departments of juvenile delinquency and violence, and protect 4. Enhance collaboration. Juvenile justice and corrections, service and safeguard the nation’s youth. The justice agencies and programs are just providers, and private organizations that Administration and the Attorney one part of a larger set of systems that operate juvenile facilities. OJJDP will General have identified children’s encompasses the many agencies and also partner with the Annie E. Casey exposure to violence, gang and programs that work with at-risk youth Foundation to expand its Juvenile community violence, and racial and their families. For delinquency Detention Alternatives Initiative. disparities within the juvenile justice prevention and child protection efforts Other areas that drew frequent or system as focus areas for the to be effective, they must be coordinated Department. at the local, tribal, State, and Federal substantive comments were levels with law enforcement, social reauthorization of the JJDP Act, Programs To Address and Treat services, child welfare, public health, disproportionate minority contact, Children Exposed to Violence mental health, school, and other mentoring, gender-specific issues, and systems that address family family violence. The Attorney General’s Initiative on strengthening and youth development. OJJDP looks to the field for guidance Children Exposed to Violence Program: One way to achieve this coordination is on emerging juvenile justice needs and Phase I will support community-based to establish broad-based coalitions to issues of concern, and targets its strategic planning to prevent and reduce create consensus on service priorities allocation of funding and resources, the impact of children’s exposure to and to build support for a coordinated based, in part, on the feedback the violence in their homes, schools, and approach. With this consensus as a Office receives from policymakers and communities. Within the Department, a committee comprising OJJDP, the Office foundation, participating agencies and practitioners through such vehicles as for Victims of Crime, the Office on departments can then build mechanisms the Proposed Plan. OJJDP wishes to note Violence Against Women, the National to link service providers at the program that in the interim period between Institute of Justice, Community Oriented level—including procedures for sharing publication of the Proposed Plan in Policing Services, and the Executive information across systems. December and this Final Plan, Congress Office of United States Attorneys jointly OJJDP took its guidance in the identified the Office’s funding streams manages and supports this project. development of this Final Plan from the for FY 2010 and OJJDP adjusted its Through strategic planning, priorities that the Attorney General has funding priorities accordingly. As a communities will improve access to, set forth for the Department. At the result, OJJDP will not fund in 2010 some delivery of, and quality of services for same time, OJJDP drew upon its programs that appeared in the Proposed children and families and respond to Strategic Plan for 2009–2011. The four Plan, and OJJDP also has added new primary goals at the heart of OJJDP’s their needs at any point of entry into the programs. Comments the Office received legal, social services, medical, law Strategic Plan echo the Attorney on the Proposed Plan, Administration General’s priorities. Those goals are: enforcement, and community-based priorities, and available funds informed support systems. This program will prevent and respond to delinquency, these decisions. strengthen the juvenile justice system, expand existing partnerships among prevent and reduce the victimization of Many respondents expressed their municipal and tribal leadership; children, and prevent and reduce youth appreciation for being given the education; health, including public violence to create safer neighborhoods. opportunity to review and comment on health and mental health; family the Proposed Plan. OJJDP is encouraged support and strengthening; social OJJDP’s Summary of Public Comments by the volume and quality of the services; early childhood education and on the FY 2010 Proposed Plan comments that the Office received for development; domestic violence OJJDP published its Proposed Plan for the 2010 Proposed Plan and looks advocacy and services; victim support; FY 2010 in the Federal Register (74 FR forward to continued communication substance abuse prevention and 62821) on December 1, 2009. During the and collaboration with the juvenile treatment; crisis intervention; child subsequent 45-day public comment justice field. welfare; courts; legal services; and law

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enforcement at the tribal, local, State, CeaseFire, which employs a public programs addressing tribal youth. OJJDP and Federal levels. health approach, interrupts the cycle of administers most of its tribal initiatives Within OJJDP, Safe Start projects violence and changes norms about through the Tribal Youth Program enhance the accessibility, delivery, and behavior. OJJDP will consider for grant (TYP). These programs fund initiatives, quality of services provided young support under this program other training and technical assistance, and children who have been exposed to community-based violence reduction research and evaluation projects violence or who are at high risk. These models that are evidence-based. This designed to improve juvenile justice programs focus on practice innovation, demonstration program includes systems and delinquency-prevention research and evaluation, training and programs of research and evaluation and efforts among federally recognized technical assistance, and resource technical assistance. These programs are American Indian and Alaska Native development and public awareness. In coordinated with the Bureau of Justice tribes. Since 1999, 10 percent of the 2010, OJJDP efforts to address children Assistance. TYP appropriation has been used for exposed to violence include: research and evaluation activities and 2 Disproportionate Minority Contact • The Safe Start Promising percent has been used for training and Approaches Project will develop and Section 223(a)(22) of the JJDP Act of technical assistance. support practice enhancements and 1974, as amended, requires States to innovations to prevent and reduce the address delinquency prevention and U.S. Department of Justice Coordinated impact of children’s exposure to system improvement efforts to reduce, Tribal Assistance violence in their homes and without establishing or requiring In response to concerns that tribes communities. The two components of numerical standards or quotas, the voiced during recent public listening this project are: (1) ‘‘Strategic disproportionate number of minority sessions, DOJ developed the Enhancement,’’ which improves an youth who come into contact with the Coordinated Tribal Assistance ongoing evidence-based model, or (2) juvenile justice system. States fund Solicitation (CTAS) in 2010 that ‘‘Practice Innovation,’’ which these activities primarily through their combined all of its existing competitive implements a strategy/intervention Title II Formula and Title V tribal solicitations into one document. based on sound theory and evaluative Delinquency Prevention Grants funds. The CTAS solicitation is posted on the literature, which has yet to be evaluated OJJDP continues to enhance the annual Office of Justice Programs (OJP) Web rigorously. OJJDP will also conduct a training and technical assistance it page at http:// national evaluation of the project provides to the States to support their www.tribaljusticeandsafety.gov/docs/ beginning in 2010. development of direct services ctassolicitation.pdf. Following are the • OJJDP will fund a 12- month, full- (diversion, alternatives to secure OJJDP solicitations within the CTAS: time fellow position located at OJJDP to confinement, advocacy, cultural • Tribal Youth Program supports and focus on children’s exposure to violence competency training, etc.); legislative enhances tribal efforts to prevent and programming. The position is funded reforms; administrative, policy, and control delinquency and improve their via a grant to the fellow’s home procedural changes; structured juvenile justice systems. Grantees institution in the amount of their salary decisionmaking (detention screening, develop and implement delinquency and benefit costs for the duration of the risk assessment, needs assessment prevention programs, interventions for fellowship. instruments, etc.), and other activities. court-involved youth, improvements to OJJDP will conduct a second wave of OJJDP staff will continue to conduct the juvenile justice system, alcohol and the National Survey of Children annual site visits to the States to substance abuse prevention programs, Exposed to Violence to capture trend monitor progress toward system change and emotional/behavioral program data and compare it to the results of the goals and to provide guidance. services. first survey. This project will document Additionally, OJJDP recently • Tribal Youth Reconnection Program changes in the incidence and prevalence reorganized and added a new full-time engages tribal youth who are chronically of children’s exposure to a broad array DMC Coordinator, who will assist the truant or at risk of dropping out of of violence, crime, and abuse States in their efforts to address and school in activities centered on cultural experiences. reduce DMC. preservation, land reclamation, or Community-Based Violence Prevention green/sustainable tribal traditions. Youth Gang Prevention and Intervention • Tribal Youth Resiliency Program Demonstration Program Program will support tribal efforts to develop and Under this program, communities will OJJDP will award grants to sites that implement interventions that address develop multi-strategy, multi- replicate selected promising or effective the effects and issues of childhood disciplinary approaches to reduce gun secondary gang prevention and trauma. violence. These programs will target the intervention programs in targeted • Strengthening Initiative for Native high-risk activities and behaviors of a communities as part of an existing Girls Program teaches native girls small number of carefully selected community-based comprehensive anti- culturally appropriate skills to resist members of the community who are gang initiative. Sites will replicate one substance abuse, prevent teen likely to be involved in violent of the following programs: Aggression pregnancy, prevent sexual abuse, foster activities, specifically gun violence, in Replacement Training, Boys and Girls positive relationships with peers and the immediate future. These programs Clubs (BGCA) Gang Prevention Through adults, learn self-advocacy, and build will be closely coordinated with a Targeted Outreach, BGCA Gang prosocial skills. broader administration initiative. These Intervention Through Targeted • Tribal Juvenile Detention Reentry demonstration programs will support Outreach, Broader Urban Involvement Program provides services for youth Federal, State, and local partnerships to and Leadership Development Detention residing within tribal juvenile detention replicate proven strategies to reduce Program, and Movimiento Ascendencia. centers or soon to be released from such violence, such as CeaseFire, which is a center. Services include risk and widely credited with significantly Tribal Youth needs assessments, educational and reducing shootings and homicides in Since 1998, Congress has vocational programs, mental health targeted Chicago communities. appropriated more than $120 million for services, substance abuse programs,

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family strengthening, recreational receive effective services and programs improve the overall level of systemic activities, and extended reentry that do not compromise public safety. advocacy, enhance the quality of aftercare to help them successfully juvenile indigent defense Juvenile Detention Alternatives reintegrate into the tribal community. representation, and ensure professional Initiative and ongoing technical support to the Tribal Youth Field-Initiated Research In FY 2010, OJJDP will partner with juvenile indigent defense bar. and Evaluation Programs the Annie E. Casey Foundation to These field-initiated studies will jointly fund an expansion of the Second Chance Act Adult and Juvenile further what is understood regarding the Juvenile Detention Alternatives Offender Reentry Demonstration experiences, strengths, and needs of Initiative (JDAI) that will provide Projects tribal youth, their families, and training and technical assistance to OJJDP, in collaboration with the communities and what works to reduce States and communities implementing Bureau of Justice Assistance, will their risks for delinquency and the initiative. In 1992, the Casey support additional demonstration victimization. This initiative is Foundation launched JDAI, in which projects under the Second Chance Act especially interested in evaluations that sites across the country created and Youth Offender Reentry Initiative, a identify effective and promising tested new alternatives to detention. comprehensive response to the delinquency prevention, intervention, At its essence, JDAI demonstrates that increasing number of people who are and treatment programs for tribal youth, jurisdictions can safely reduce their released from prison, jail, and juvenile including those that assist tribal youth reliance on secure detention. JDAI facilities each year and are returning to in enhancing their own cultural communities also test the hypothesis their communities. The goal of this knowledge and awareness. that detention reforms will equip initiative is to reduce the rate of juvenile justice systems with values, recidivism for offenders released from a Child Protection Programs in Tribal skills, and policies that will improve juvenile residential facility and increase Communities results in other components of the public safety. Demonstration projects This program will provide resources system. provide necessary services to youth and technical assistance to Native The objectives of JDAI sites are to: while in confinement and following American communities to help them • Eliminate the inappropriate or their release into the community. The address child abduction and child unnecessary use of secure detention; initiative will focus on addressing the exploitation. Under this program, the • Minimize re-arrest and failure-to- unique needs of girls reentering their grantee will expand the critical services, appear rates pending adjudication; communities. • Ensure appropriate conditions of best practices, tools, and other resources Girls’ Delinquency of the AMBER Alert and Internet Crimes confinement in secure facilities; Against Children programs to protect • Redirect public finances to sustain According to data from the Federal children ages 0 to 18 in tribal successful reforms; Bureau of Investigation, from 1991 to communities at risk for exploitation. • Reduce racial and ethnic 2000, arrest rates of girls increased disparities. more, or decreased less, than those of Tribal Youth National Mentoring boys for the same offenses. By 2004, Program National Training and Technical girls accounted for 30 percent of Assistance Center for Youth in Custody This national initiative will support juvenile arrests. This apparent trend the development, maturation, and Through this program, OJJDP will raises a number of questions, including expansion of mentoring services for establish the National Training and whether it reflects an increase in girls’ tribal youth on tribal reservations that Technical Assistance Center for Youth delinquency or changes in society’s are underserved due to location, in Custody (the Center) to provide responses to girls’ behavior. While shortage of mentors, emotional or education, training, and technical OJJDP’s Girls Study Group helped behavioral challenges of the targeted assistance for State, local, and tribal expand what is known about what population, or other situations. departments of juvenile justice and works—and what does not—in corrections, service providers, and preventing and intervening in girls’ Juvenile Justice System Reform private organizations that operate delinquency, the field lacks adequate OJJDP recognizes the need for States juvenile facilities. The Center will information about evidence-based to have effective and efficient juvenile emphasize the rehabilitative goals of the programs that effectively address girls’ justice systems and for the Office to juvenile justice system and provide delinquency. In FY 2010, OJJDP is assist them in identifying and comprehensive training, technical supporting research and evaluation to implementing promising and evidence- assistance, and resources directly to identify effective delinquency based practices. Reforming juvenile justice facilities that detain or confine prevention, intervention, and treatment justice and improving systems across youth. The Center will also update and programs for girls. OJJDP will also the country is a priority for OJJDP. contribute to the knowledge base of best provide training and technical Components of the juvenile justice practices in detaining or confining assistance to the field on effective system that OJJDP will focus on in 2010 youth. delinquency programming for girls. include detention and corrections reform, juvenile indigent defense, and Juvenile Indigent Defense National Evaluations of Girls’ Delinquency youth transitioning back to their Clearinghouse Programs communities from a detention and OJJDP is developing and will These evaluations will measure the corrections facility. implement a model national effectiveness of delinquency prevention, To improve juvenile detention and clearinghouse for juvenile defense intervention, and/or treatment programs corrections in FY 2010, OJJDP will work attorneys to provide publications and to prevent and reduce girls’ risk with communities through a resources, policy development and behavior and offending. Over the past multidisciplinary and comprehensive leadership opportunities, training, and two decades, the number of girls approach that focuses on youth to assess technical assistance around indigent entering the juvenile justice system has their risks and needs and assure they defense issues. This program will dramatically increased. This trend

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raised a number of questions for OJJDP, field on how to prepare for and carry will provide training and technical including whether this reflected an out an evaluation of their activities. The assistance to family drug courts. The increase in girls’ delinquency or Juvenile Justice Evaluation Center will Juvenile Drug Courts Mentoring and changes in society’s responses to girls’ develop easily accessible tools and Support Services Initiative will build behavior. OJJDP’s Girls Study Group resources for the field and assist these the capacity of States, State courts, local recently completed a review of agencies in developing evidence-based courts, units of local government, and evaluations of girls’ delinquency strategies and programs. tribal governments to develop and programs and found that most programs establish comprehensive support National Juvenile Justice Data have not been evaluated, thereby services that include mentoring, Collection Program limiting knowledge about the most educational services, health services, appropriate and effective programs for OJJDP supports several key national employment services, community girls. juvenile data collection programs, some services, recreational activities, of which have existed for several years, parenting programs, housing assistance National Girls Institute and others that are new. These include: to serve substance-abusing youth who The National Girls Institute will • Census of Juveniles in Residential are assigned to the juvenile drug court evaluate promising and innovative Placement, which collects information program. prevention, intervention, treatment, about all youth residing in facilities who OJJDP and the Department of Health education, detention, and aftercare are awaiting or have been adjudicated and Human Services’ Center for services for delinquent and at-risk girls. for a status or delinquent offense. Substance Abuse Treatment (CSAT) will The Institute will translate the • Juvenile Residential Facility continue joint funding to integrate and information learned through the Girls Census, which collects information implement the juvenile drug court and Study Group and other research and about the security and services of Reclaiming Futures program models. expert knowledge for practitioners and facilities that hold youth for delinquent The National Council of Juvenile and policymakers. The Institute will serve as offenses, pre- and post-adjudication. Family Court Judges provides training OJJDP’s national training and technical • Census of Juveniles on Probation, and technical assistance. which collects a 1-day count of all assistance provider for promising and Enforcing Underage Drinking Laws youth on formal probation, including evidence-based practices in girls’ Program delinquency prevention, intervention, demographic characteristics and the and treatment. The Institute will also offense for which they are being The Enforcing Underage Drinking provide information dissemination, supervised. Laws (EUDL) Program supports States’ collaboration, policy development, and • Census of Juvenile Probation efforts to reduce drinking by juveniles other leadership functions. Supervision Offices, which collects through its four components: Block information about the offices that grants to the 50 States, the 5 territories, Research, Evaluation, and Data oversee youth who are on probation in and the District of Columbia; Collection the United States. discretionary grants; technical OJJDP supports and promotes assistance; and research and evaluation. National Juvenile Justice Data Analysis research, vigorous and informative Under the block grant component, each Program evaluations of demonstration programs, State, the District of Columbia, and the and collection and analysis of statistical This program will support the territories receive approximately data. The goal of these activities is to juvenile justice community’s need for $360,000 annually to support law generate credible and useful information current, high-quality data and statistical enforcement activities, media to improve decisionmaking in the information. The grantee will maintain campaigns, and coalition building. The juvenile justice system. OJJDP sponsors and update OJJDP’s Statistical Briefing EUDL discretionary grant component research that has the greatest potential Book and its Easy Access data tools, supports several diverse initiatives to to improve the nation’s understanding conduct original research, produce help communities develop promising of juvenile delinquency and publications, respond to information approaches to address underage victimization and of ways to develop requests, and work with OJJDP to drinking. EUDL training and technical effective prevention and intervention develop new data resources that assistance supports communities and programs to respond to it. respond to the needs of the juvenile States in their efforts to enforce justice field. underage drinking laws. EUDL funds Field-Initiated Research and Evaluation and Federal partnerships also support Program Substance Abuse and Treatment evaluations of community initiatives The 2010 Field Initiated Research and OJJDP, often in partnership with other within the EUDL discretionary grant Evaluation program will support Federal agencies and private component. multiple grant awards for research and organizations, develops programs, Enforcing Underage Drinking Laws evaluations of programs and initiatives research, or other initiatives to address Assessment, Strategic Planning, and that focus on the juvenile justice juvenile use and abuse of illegal, Implementation Initiative system’s response to delinquency and prescription, and nonprescription drugs system improvement. The goal of the and alcohol. OJJDP’s substance abuse Under this discretionary component research questions posed will be to efforts include control, prevention, and of the Enforcing Underage Drinking inform policy and lead to treatment programs. Laws program, States will implement an assessment and strategic planning recommendations for juvenile justice Family and Juvenile Drug Court system improvement. process to develop targeted, effective Programs activities to reduce underage access and Juvenile Justice Evaluation Center OJJDP will implement and enhance consumption of alcohol. Grantees will This program will provide training family drug courts that serve substance- assess local conditions and design a and technical assistance to State, tribal, abusing adults who are involved in the long-term strategic plan; implement local, and non-profit entities that work family dependency court system. The selected and approved actions of that in the juvenile justice and victimization Center for Children and Family Futures plan; collect, analyze, and report data;

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and evaluate how the State responded to Mentoring Research Program Child Victimization the recommendations, crafted its Since its inception, OJJDP has strategic plan, and implemented This program seeks to enhance the understanding of mentoring as a consistently strived to safeguard portions of the plan with the remaining children from victimization by prevention strategy for youth who are at funds. supporting research, training, and risk of involvement or already involved community programs that emphasize Mentoring in the juvenile justice system. While prevention and early intervention. A OJJDP supports mentoring programs mentoring appears to be a promising commitment to children’s safety is for youth at risk of failing in school, intervention for youth, more evaluation written into the Office’s legislative dropping out of school, or becoming work is needed to further highlight the mandate, which includes the Juvenile involved in delinquent behavior, components of a mentoring program Justice and Delinquency Prevention Act including gang activity and substance that are most effective. It is expected of 1974, the Missing Children’s abuse. The goals of the programs are to that the results of this effort will Assistance Act of 1984, and the Victims reduce juvenile delinquency and gang encourage a more effective utilization of of Child Abuse Act of 1990. OJJDP participation, improve academic resources as well as enhance the continues to improve the responses of performance, and reduce the school implementation of evidence-based best the justice system and related systems, dropout rate. Mentoring funds support practices for juvenile mentoring. increase public awareness, and promote mentoring programs that provide model programs for addressing child general guidance and support; promote Mentoring for Safe Schools/Healthy victimization in States and communities personal and social responsibility; Students Initiatives across the country. increase participation in education; support juvenile offenders returning to The Safe Schools/Healthy Students Children’s Advocacy Centers their communities after confinement in Initiatives are a joint effort by the U.S. Departments of Education, Health and OJJDP will continue funding for a residential facility; discourage use of programs that improve the coordinated illegal drugs and firearms; discourage Human Services, and Justice to support schools in creating safer and healthier investigation and prosecution of child involvement in gangs, violence and abuse cases. These programs include a other delinquent activity; and encourage learning environments. Under this initiative current Safe Schools/Healthy national subgrant program for local participation in community service children’s advocacy centers, a activities. OJJDP will also sponsor Student sites will develop and implement community-based mentoring membership and accreditation program, several research projects that will regional children’s advocacy centers, evaluate mentoring programs or programs in conjunction with their overall comprehensive communitywide and specialized technical assistance and approaches and the effectiveness of training programs for child abuse plan. Safe Schools supports the specific mentoring practices. professionals and prosecutors. Local reduction of negative behavior in Children’s Advocacy Centers utilize Second Chance Act Juvenile Mentoring elementary and middle school youth multidisciplinary teams of professionals Initiative (e.g., truancy, bullying) and enhances to coordinate the investigation, The Second Chance Act Juvenile positive behavior and connection to treatment, and prosecution of child Mentoring Initiative will provide grants their families, school personnel, and abuse cases. for mentoring and other transitional other community members through services to reintegrate juvenile offenders evidence-based mentoring initiatives. Court Appointed Special Advocate into their communities. The grants will Programs be used to mentor juvenile offenders National and Multi-State Mentoring Programs OJJDP will continue funding for Court during confinement, through transition Appointed Special Advocates (CASA) back to the community, and post- These programs support national programs that provide children in the release; to provide transitional services organizations and organizations with foster care system or at risk of entering to assist them in their reintegration into mentoring programs in at least five the dependency system with high- the community; and to support training States to enhance or expand community quality, timely, effective, and sensitive in offender and victims issues. The programs that provide mentoring representation before the court. CASA initiative’s goals are to reduce services to high-risk populations that programs train and support volunteers recidivism among juvenile ex-offenders, are underserved due to location, who advocate for the best interests of enhance community safety, and shortage of mentors, special physical or the child in dependency proceedings. enhance the capacity of local mental challenges of the targeted OJJDP funds a national CASA training partnerships to address the needs of population, or other analogous and technical assistance provider and a juvenile ex-offenders returning to their situations that the community in need national membership and accreditation communities. of mentoring services identifies. organization to support State and local Group Mentoring Research and CASA organizations’ efforts to recruit Strategic Enhancement to Mentoring volunteer advocates, including minority Evaluation Program Programs volunteers, and to provide training and OJJDP seeks to expand what is known technical assistance to these about nontraditional mentoring Strategic Enhancement to Mentoring organizations and to stakeholders in the programs as a prevention and Programs focus on enhancing existing child welfare system. intervention strategy for juvenile mentoring programs. The three delinquency. OJJDP will evaluate the enhancements include: (1) Involving the Missing Children effectiveness of select group mentoring parents in activities or services, (2) Authorized through the Missing programs supported by local Boys and providing structured activities and Children’s Assistance Act of 1984, as Girls Clubs. Increasing knowledge programs for the mentoring matches, amended, these programs enhance the regarding the use of group and site- and (3) developing and implementing national response of State, local, and based mentoring programs is a primary ongoing training and support for Federal law enforcement agencies, goal for this evaluation. mentors. prosecutors, and nongovernmental

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organizations to missing and exploited have exhibited inappropriate sexual been sexually abused by other children children. These programs serve as the behaviors against another child and for and adolescents. The program will also primary vehicle for building a national their victims. The program will build communities’ capacity to provide infrastructure to support efforts to specifically address interfamilial and/or treatment and supervision resources to prevent the abduction and exploitation co-residential sexual misconduct for youthful perpetrators of sexual abuse of our nation’s children. youth and provide adjunctive support against children. This program will be services to child victims and families coordinated with OJP’s Sex Offender Missing and Exploited Children who have been victimized. Sentencing, Monitoring, Apprehending, Program Support Registering, and Tracking (SMART) OJJDP will continue funding for a Internet Crimes Against Children Office. national membership organization for Program Juvenile Justice System Improvement nonprofit organizations serving the OJJDP will continue funding to families of missing children and to support the operations of the 61 Internet OJJDP works to improve the assist in identifying and promulgating Crimes Against Children (ICAC) task effectiveness and efficiency of the best practices in serving these children forces. The ICAC Task Force Program juvenile justice system. A major and families. helps State and local law enforcement component of these efforts is the In FY 2010, OJJDP also will support agencies develop an effective response provision of training and technical programs that: to sexual predators who prey upon assistance (TTA) resources that address • Provide training and technical juveniles via the Internet and other the needs of juvenile justice assistance to local, State, and tribal law electronic devices and child practitioners and support State and enforcement agencies and other pornography cases. This program local efforts to build capacity and organizations charged with responding encompasses forensic and investigative expand the use of evidence-based to missing children cases. components, training and technical practices. Training and technical • Design and implement the AMBER assistance, victim services, and assistance is the planning, development, Alert National Conference. community education. delivery, and evaluation of activities to • Improve responses to child The ICAC Task Force Strategies for achieve specific learning objectives, abductions across borders. Protecting Children at High Risk for resolve problems, and foster the • Conduct research on children Commercial Sexual Exploitation application of innovative approaches to characterized as lost, injured, or missing Program will support select law juvenile delinquency and victimization. to improve community responses to enforcement agencies as they OJJDP has developed a network of these cases. • Improve training and coordination. providers to provide targeted training • Conduct a national study of the • Develop policies and procedures to and technical assistance to incidence of missing children. identify commercial sexual exploitation policymakers and practitioners. victims. Missing and Exploited Children • Child Abuse Training for Judicial and Training and Technical Assistance Investigate and prosecute cases Court Personnel Program against adults who sexually exploit children for commercial purposes. OJJDP will continue funding for This program will support training in • Adopt practices to intervene programs that provide targeted training areas such as child abuse investigations, appropriately with and compassionately and technical assistance to judicial and child fatality investigations, and child serve victims, including providing court personnel who work within the sexual exploitation investigations. essential services in cases where dependency system. The purpose of this Authorized by the Missing Children’s technology is used to facilitate the initiative is to improve the juvenile and Assistance Act, this program will help exploitation of the victim. family courts’ handling of child abuse State and local law enforcement, child In addition, OJJDP is supporting and neglect cases and ensure timely protection, prosecutors, medical related ICAC activities and programs, decisionmaking in permanency providers, and child advocacy center including: planning for abused and neglected professionals develop an effective • Designing and implementing the children. The initiative also aims to response to child victimization cases. 2011 ICAC National Training reduce and eventually eliminate racial disproportionality and disparate Child Exploitation Conference. • Research on Internet and other treatment in the dependency system. The increasing number of children technology-facilitated crimes against and teens using the Internet, the Engaging Law Enforcement To Reduce children. Juvenile Crime, Victimization, and proliferation of child pornography, and • Training for ICAC officers, Delinquency the increasing number of sexual prosecutors, judges, and other predators who use the Internet and stakeholders. This program supports the other electronic media to prey on • Technical assistance to support enhancement or expansion of children present both a significant implementation of the ICAC program. approaches that engage Federal, State, threat to the health and safety of young local, and tribal law enforcement in people and a formidable challenge for Youth With Sexual Behavior Problems reducing juvenile crime, victimization, law enforcement. OJJDP took the lead Program and delinquency by providing them early on in addressing this problem. This program will assist localities in with comprehensive training, technical More than a decade ago, the Office responding to instances of child sexual assistance, and research findings. The established the Internet Crimes Against victimization by perpetrators who are initiative will examine how police can Children task force program. In FY younger than 18 years old, with a address priority issues more effectively 2010, OJJDP will launch the Youth with specific emphasis on interfamilial child using evidence-based strategies that Sexual Behavior Problems Program to victims and offenders. The program will enhance their effectiveness in policing support localities in the development develop communities’ capacity to situations involving youth. Key issues and implementation of treatment utilize a multidisciplinary approach may include disproportionate minority programs for youth ages 10 to 14 who when working with children who have contact, responses to adolescent girls,

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school safety, and unsafe and simultaneously with the Attorney USA, Inc., Owings Mills, MD, have been inappropriate use of electronic General and the Federal Trade added as parties to this venture. Also, communication. This initiative will Commission disclosing changes in its Eberspacher Electronics GmbH & Co. engage law enforcement leaders and membership. The notifications were KG, Goppingen, GERMANY; VX front-line officers through classroom filed for the purpose of extending the Instruments GmbH, Landshut-Altdorf, and Web-based instruction, online Act’s provisions limiting the recovery of GERMANY; Keithly Instruments, Solon, resources, peer-to-peer networking and antitrust plaintiffs to actual damages OH; Elektrobit Austria GmbH, Vienna, interaction, and geospatial information under specified circumstances. AUSTRIA; DiagnoSYS Systems Ltd., system technology. Specifically, Phase Matrix, Springfield, Hampshire, UNITED KINGDOM; and VA, has withdrawn as a party to this State Advisory Group Training and Elma Electronic Inc., Fremont, CA, have venture. In addition, Pacific Mindworks, Technical Assistance Project withdrawn as parties to this venture. Inc. has changed its address to San No other changes have been made in Under this project, OJJDP provides Diego, CA. either the membership or planned training and technical assistance to No other changes have been made in activity of the group research project. State advisory groups (SAGs) appointed either the membership or planned Membership in this group research under the Juvenile Justice and activity of the group research project. project remains open, and PXI Systems Delinquency Prevention Act (JJDP Act) Membership in this group research Alliance, Inc. intends to file additional 1974, as amended. The training and project remains open, and written notifications disclosing all technical assistance that SAG members Interchangeable Virtual Instruments changes in membership. receive serve two broad purposes. It Foundation, Inc. intends to file On November 22, 2000, PXI Systems enables them to: (1) Better understand additional written notifications Alliance, Inc. filed its original the juvenile justice system in their disclosing all changes in membership. notification pursuant to Section 6(c) of respective States or territories and (2) On May 29, 2001, Interchangeable the Act. The Department of Justice become more familiar with all programs Virtual Instruments Foundation, Inc. published a Notice in the Federal and facilities serving youth. Trained filed its original notification pursuant to Register pursuant to Section 6(b) of the SAG members will more effectively Section 6(a) of the Act. The Department Act on March 8, 2001 (66 FR 13971). carry out their roles and responsibilities of Justice published a notice in the The last notification was filed with to ensure and enhance a responsive Federal Register pursuant to Section the Department on February 12, 2010. A juvenile justice system within their 6(b) of the Act on July 30, 2001 (66 FR Notice was published in the Federal jurisdictions. 39336). Register pursuant to Section 6(b) of the General The last notification was filed with Act on March 23, 2010 (75 FR 13781). the Department on December 1, 2009. A Support for Conferences on Juvenile notice was published in the Federal Patricia A. Brink, Justice Register pursuant to Section 6(b) of the Deputy Director of Operations, Antitrust Division. OJJDP will support conferences that Act on December 21, 2009 (74 FR address juvenile justice and the 67902). [FR Doc. 2010–12033 Filed 5–19–10; 8:45 am] BILLING CODE 4410–11–M prevention of delinquency. This support Patricia A. Brink, would provide community prevention Deputy Director of Operations, Antitrust leaders, treatment professionals, Division. DEPARTMENT OF JUSTICE juvenile justice officials, researchers, [FR Doc. 2010–12030 Filed 5–19–10; 8:45 am] and practitioners with information on Antitrust Division best practices and research-based BILLING CODE 4410–11–M models to support State, local Notice Pursuant to the National government, and community efforts to DEPARTMENT OF JUSTICE Cooperative Research and Production prevent juvenile delinquency. Act of 1993—The Applied Dated: May 17, 2010. Antitrust Division Nanotechnology Consortium Jeff Slowikowski, Notice Pursuant to the National Notice is hereby given that, on March Acting Administrator, Office of Juvenile Cooperative Research and Production 26, 2010, pursuant to Section 6(a) of the Justice and Delinquency Prevention. Act of 1993—PXI Systems Alliance, National Cooperative Research and [FR Doc. 2010–12092 Filed 5–19–10; 8:45 am] Inc. Production Act of 1993, 15 U.S.C. 4301 BILLING CODE P et seq. (‘‘the Act’’), The Applied Notice is hereby given that, on April Nanotechnology Consortium (‘‘TANC’’) 1, 2010, pursuant to Section 6(a) of the has filed written notifications DEPARTMENT OF JUSTICE National Cooperative Research and simultaneously with the Attorney Production Act of 1993, 15 U.S.C. 4301 General and the Federal Trade Antitrust Division et seq. (‘‘the Act’’), PXI Systems Alliance, Commission disclosing (1) the identities Notice Pursuant to the National Inc. has filed written notifications of the parties to the venture and (2) the Cooperative Research and Production simultaneously with the Attorney nature and objectives of the venture. Act of 1993—Interchangeable Virtual General and the Federal Trade The notifications were filed for the Instruments Foundation, Inc. Commission disclosing changes in its purpose of invoking the Act’s provisions membership. The notifications were limiting the recovery of antitrust Notice is hereby given that, on April filed for the purpose of extending the plaintiffs to actual damages under 15, 2010, pursuant to Section 6(a) of the Act’s provisions limiting the recovery of specified circumstances. National Cooperative Research and antitrust plaintiffs to actual damages Pursuant to Section 6(b) of the Act, Production Act of 1993, 15 U.S.C. 4301 under specified circumstances. the identities of the parties to the et seq. (‘‘the Act’’), Interchangeable Specifically, Tyco Electronics, venture are: Connecticut Center for Virtual Instruments Foundation, Inc. Middletown, PA; OpenATE, Inc., Taipei Advanced Technology, Inc., East has filed written notifications City, TAIWAN; and Logic Instrument Hartford, CT; Ensign-Bickford

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Aerospace and Defense, Simsbury, CT; eligibility requirements of the Trade Act employment on or after July 15, 2008, GKN Aerospace Services Structures of 1974. through October 27, 2011, and all workers in Corporation, Cromwell, CT; Imperial the group threatened with total or partial Conclusion Machine Tool Co., Columbia, NJ; Kaman separation from employment on the date of certification through two years from the date Precision Products-Fuzing, Middletown, After careful review of the application, I conclude that the claim is of certification, are eligible to apply for CT; University of Bridgeport, adjustment assistance under Chapter 2 of Bridgeport, CT; University of of sufficient weight to justify Title II of the Trade Act of 1974, as amended. Connecticut, Storrs, CT; and the reconsideration of the U.S. Department of Labor’s prior decision. The Signed at Washington, DC, this 28th day of University of Hartford, West Hartford, April 2010. CT. The general areas of TANC’s application is, therefore, granted. Elliott S. Kushner, planned activities are to perform Signed at Washington, DC, this 4th day of coordinated planning and research and May, 2010. Certifying Officer, Division of Trade Adjustment Assistance. development prototype efforts designed Del Min Amy Chen, [FR Doc. 2010–12104 Filed 5–19–10; 8:45 am] to encompass the following as it relates Certifying Officer, Division of Trade to nanotechnology: (a) Nanoparticle Adjustment Assistance. BILLING CODE 4510–FN–P Production Methods/Processing of Nano [FR Doc. 2010–12108 Filed 5–19–10; 8:45 am] Composites; (b) Laser Processing of BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Nano-Composite Materials; (c) Nanotech Education; (d) Nano Energetics and Safe Employment and Training & Arming Solutions; and (e) Advanced DEPARTMENT OF LABOR Administration Structural Materials and Systems. Employment and Training [TA–W–72,144] Patricia A. Brink, Administration Deputy Director of Operations, Antitrust Cummins Filtration, Including On-Site Division. [TA–W–71,697] Leased Workers From Manpower and [FR Doc. 2010–12031 Filed 5–19–10; 8:45 am] Federal-Mogul, Including On-Site Spherion Staffing, Including On-Site BILLING CODE 4410–11–M Leased Workers From Kelly Services, Workers From Hagemeyer North Summerton, SC; Amended America, Lake Mills, IA; Amended Certification Regarding Eligibility To Certification Regarding Eligibility To DEPARTMENT OF LABOR Apply for Worker Adjustment Apply for Worker Adjustment Assistance Assistance Employment and Training Administration In accordance with Section 223 of the In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), Trade Act of 1974, as amended (‘‘Act’’), [TA–W–72,695] 19 U.S.C. 2273, the Department of Labor 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to issued a Certification of Eligibility to Parkdale Mills (Formerly Hanesbrands, Apply for Worker Adjustment Inc.) Galax, VA; Notice of Affirmative Apply for Worker Adjustment Assistance on October 27, 2009, Assistance on October 15, 2009, Determination Regarding Application applicable to workers of Cummins for Reconsideration applicable to workers of Federal-Mogul, Summerton, South Carolina. The notice Filtration, including on-site leased By application dated February 2, was published in the Federal Register workers from Manpower, Lake Mills, 2010, petitioners requested on December 11, 2009 (74 FR 65795). Iowa. The notice was published in the administrative reconsideration of the At the request of the State, the Federal Register on December 11, 2009 negative determination regarding Department reviewed the certification (74 FR 65798). workers’ eligibility to apply for Trade for workers of the subject firm. The At the request of the petitioners, the Adjustment Assistance (TAA) workers are engaged in activities related Department reviewed the certification applicable to workers and former to production of molded rubber for workers of the subject firm. The workers of the subject firm. The products (seals and gaskets). workers are engaged in the production determination was issued on January 11, The company reported that workers of oil and fuel filters, Stratpore media 2010, and the Department’s Notice of leased from Kelly Services were and other metal components for determination will be published soon in employed on-site at the Summerton, engines. the Federal Register. South Carolina location of Federal- New information shows that workers The initial investigation resulted in a Mogul. The Department has determined from Hagemeyer North America were negative determination based on the that these workers were sufficiently employed on-site at the Lake Mills, Iowa findings that the subject firm did not under the control of the subject firm to location of Cummins Filtration to separate or threaten to separate a be considered leased workers. provide procurement and inventory significant number or proportion of Based on these findings, the management services for the subject workers as required by Section 222 of Department is amending this firm. Information also shows that the Trade Act of 1974. certification to include workers leased workers leased from Spherion Staffing In the request for reconsideration, the from Kelly Services working on-site at were employed on-site at the Lake Mills, petitioners provided additional the Summerton, South Carolina location Iowa location of Cummins Filtration. information regarding the number of of Federal-Mogul. The Department has determined that workers separated from the subject firm. The amended notice applicable to workers from Spherion Staffing were The Department has carefully TA–W–71,697 is hereby issued as sufficiently under the control of the reviewed the request for reconsideration follows: subject firm to be considered leased and the existing record, and has All workers Federal-Mogul, including on- workers. determined that the Department will site leased workers from Kelly Services, Based on these findings, the conduct further investigation to Summerton, South Carolina, who became Department is amending this determine if the workers meet the totally or partially separated from certification to include workers from

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Hagemeyer North America and leased notice was published in the Federal DEPARTMENT OF LABOR workers from Spherion Staffing working Register on November 5, 2009 (74 FR on-site at the Lake Mills, Iowa location 57338). Employment and Training Administration of Cummins Filtration. At the request of the State Agency, the The amended notice applicable to [TA–W–72,773] TA–W–72,144 is hereby issued as Department reviewed the certification follows: for workers of the subject firm. The workers are engaged in the production Clark Engineering Co., Inc., Including On-Site Leased Workers From Kelly All workers of Cummins Filtration, of heat exchangers. including on-site leased workers from Services and Qualified Staffing, Manpower and Spherion Staffing and New information shows that workers Owosso, MI; Amended Certification including on-site workers from Hagemeyer leased from Employment Group were Regarding Eligibility To Apply for North America, Lake Mills, Iowa, who employed on-site at the Battle Creek, Worker Adjustment Assistance became totally or partially separated from Michigan location of Denso employment on or after August 26, 2008 through October 15, 2011, and all workers in Manufacturing of Michigan. The In accordance with Section 223 of the the group threatened with total or partial Department has determined that these Trade Act of 1974, as amended (‘‘Act’’), separation from employment on date of workers were sufficiently under the 19 U.S.C. 2273, the Department of Labor certification through two years from the date control of the subject firm to be issued a Certification of Eligibility to of certification, are eligible to apply for considered leased workers. apply for Worker Adjustment Assistance adjustment assistance under Chapter 2 of on January 7, 2010, applicable to Title II of the Trade Act of 1974, as amended. Based on these findings, the workers of Clark Engineering Co., Inc., Signed at Washington, DC, this 4th day of Department is amending this including on-site leased workers of May, 2010. certification to include workers leased Kelly Services, Owosso, Michigan. The Elliott S. Kushner from Employment Group working on- notice was published in the Federal Certifying Officer, Division of Trade site at the Battle Creek, Michigan Register February 16, 2010 (75 FR Adjustment Assistance. location of Denso Manufacturing of 7036). [FR Doc. 2010–12106 Filed 5–19–10; 8:45 am] Michigan. At the request of the State Agency, the BILLING CODE 4510–FN–P The amended notice applicable to Department reviewed the certification TA–W–71,919 is hereby issued as for workers of the subject firm. The follows: workers are engaged in activities related DEPARTMENT OF LABOR to the production of metal parts. All workers of Denso Manufacturing of The company reports that workers Employment and Training Michigan, including leased workers from leased from Qualified Staffing were Administration Adecco Employment Services, Adecco employed on-site at the Owosso, Technical, Aerotec, Inc., Anchor Staffing, [TA–W–71,919] Michigan location of Clark Engineering Capitol Software Systems, Donohue Co., Inc. The Department has Denso Manufacturing of Michigan Computer Services, Historic Northside determined that these workers were Including On-Site Leased Workers Family Practice, Scripture and Associates, sufficiently under the control of the From Adecco Employment Services, Summit Software Services DD, subject firm to be considered leased Adecco Technical, Aerotec, Inc., Tacworldwide Companies, Talent Trax, Tek workers. Anchor Staffing, Capitol Software Systems, Kelly Services and Employment Based on these findings, the Group, Battle Creek, Michigan, who became Systems, Donohue Computer Services, Department is amending this totally or partially separated from Historic Northside Family Practice, certification to include workers leased employment on or after August 3, 2008, Scripture and Associates, Summit from Qualified Staffing working on-site through September 10, 2011, and all workers Software Services DD, Tacworldwide at the Owosso, Michigan location of Companies, Talent Trax, Tek Systems, in the group threatened with total or partial separation from employment on the date of Clark Engineering Co., Inc. Kelly Services and Employment Group, The amended notice applicable to Battle Creek, MI; Amended certification through two years from the date of certification, are eligible to apply for TA–W–72,773 is hereby issued as Certification Regarding Eligibility To follows: Apply for Worker Adjustment adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. All workers of Clark Engineering Co., Inc., Assistance including on-site leased workers of Kelly Signed at Washington, DC, this 5th day of In accordance with Section 223 of the Services and Qualified Staffing, Owosso, May 2010. Michigan, who became totally or partially Trade Act of 1974, as amended (‘‘Act’’), Richard Church, separated from employment on or after 19 U.S.C. 2273, the Department of Labor Certifying Officer, Division of Trade October 14, 2008, through January 7, 2012, issued a Certification of Eligibility to and all workers in the group threatened with Adjustment Assistance. Apply for Worker Adjustment total or partial separation from employment Assistance on September 10, 2009, [FR Doc. 2010–12105 Filed 5–19–10; 8:45 am] on the date of certification through two years applicable to workers of Denso BILLING CODE 4510–FN–P from the date of certification, are eligible to Manufacturing of Michigan, including apply for adjustment assistance under leased workers from Adecco Chapter 2 of Title II of the Trade Act of 1974, Employment Services, Adecco as amended. Technical, Aerotec, Inc., Anchor Staffing, Capitol Software Systems, Signed in Washington, DC, this 3rd day of Donohue Computer Services, Historic May, 2010. Northside Family Practice, Scripture Elliott S. Kushner, and Associates, Summit Software Certifying Officer, Division of Trade Services DD, Tacworldwide Companies, Adjustment Assistance. Talent Trax, Tek Systems and Kelly [FR Doc. 2010–12109 Filed 5–19–10; 8:45 am] Services, Battle Creek, Michigan. The BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR became totally or partially separated from employment on or after May 27, 2008 Employment and Training Employment and Training through September 23, 2011, and all workers Administration Administration in the group threatened with total or partial separation from employment on the date of [TA–W–70,774] certification through two years from the date [TA–W–70,055] of certification, are eligible to apply for Sychip, Inc., a Wholly Owned adjustment assistance under Chapter 2 of Ovonic Energy Products Including On- Subsidiary of Murata Electronics North Title II of the Trade Act of 1974, as amended. Site Leased Workers From PDSI America, Inc. (MENA), Including Signed in Washington, DC, this 5th day of Springboro, OH; Amended Workers Whose Unemployment May, 2010. Certification Regarding Eligibility To Insurance (UI) Wages Are Paid Richard Church, Apply for Worker Adjustment Through Either Adminstaff or MENA, Certifying Officer, Division of Trade Assistance Plano, TX; Amended Certification Adjustment Assistance. Regarding Eligibility To Apply for [FR Doc. 2010–12113 Filed 5–19–10; 8:45 am] In accordance with Section 223 of the Worker Adjustment Assistance Trade Act of 1974, as amended (‘‘Act’’), BILLING CODE 4510–FN–P 19 U.S.C. 2273, the Department of Labor In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), issued a Certification of Eligibility to DEPARTMENT OF LABOR Apply for Worker Adjustment 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Assistance on August 28, 2009, Employment and Training apply for Worker Adjustment Assistance applicable to workers of Ovonic Energy Administration Products, Springboro, Ohio. The notice on September 23, 2009, applicable to workers of Sychip, Inc., Plano, Texas. was published in the Federal Register [TA–W–71,118] on November 5, 2009 (74 FR 57340). The notice was published in the Federal Register on November 17, 2009 (74 FR Rexnord Industries, LLC Industrial At the request of the State Agency, the 59254). The notice was amended on Chain and Conveyor Division Including Department reviewed the certification October 21, 2009 to include on-site On-Site Leased Workers From Stivers for workers of the subject firm. The leased workers from Adminstaff. The West Milwaukee, WI; Amended workers are engaged in the production notice was published in the Federal Certification Regarding Eligibility To of batteries and related energy storage Register on November 10, 2009 (74 FR Apply for Worker Adjustment systems. 58052). New information shows that workers At the request of the State Agency, the Assistance leased from PDSI were employed on-site Department reviewed the certification In accordance with Section 223 of the at the Springboro, Ohio location of for workers of the subject firm. The Trade Act of 1974, as amended (‘‘Act’’), Ovonic Energy Products. The workers are engaged in activities related 19 U.S.C. 2273, the Department of Labor Department has determined that these to the production of wireless modules. issued a Certification of Eligibility to workers were sufficiently under the New information shows that Sychip, Apply for Worker Adjustment control of the subject firm to be Inc. is a wholly owned subsidiary of Assistance on March 11, 2010, considered leased workers. Murata Electronics North America, Inc. applicable to workers of Rexnord Based on these findings, the (MENA). Since January 1, 2010, workers Industries, LLC, Industrial Chain and Department is amending this separated from employment at the Conveyor Division, including on-site certification to include workers leased subject firm had their wages reported leased workers from Stivers, West from PDSI working on-site at the under a separate unemployment Milwaukee, Wisconsin. The notice was Springboro, Ohio location of Ovonic insurance (UI) tax account for Murata published in the Federal Register on Energy Products. Electronics North America, Inc. April 23, 2010 (75 FR 21354). (MENA). Prior to January 1, 2010, The amended notice applicable to At the request of the State Agency, the workers of the subject firm had their Department reviewed the certification TA–W–70,055 is hereby issued as waged reported under a separate follows: for workers of the subject firm. The unemployment insurance (UI) tax workers are engaged in activities related All workers of Ovonic Energy Products, account for Administaff. to the production of mechanical power Accordingly, the Department is including on-site leased workers from PDSI, transmission equipment. Springboro, Ohio, who became totally or amending this certification to properly The review shows that on September partially separated from employment on or reflect these matters. 7, 2006, a certification of eligibility to after May 18, 2008, through August 28, 2011, The intent of the Department’s apply for adjustment assistance was and all workers in the group threatened with certification is to include all workers of total or partial separation from employment the subject firm who were adversely issued for all workers of Rexnord on the date of certification through two years affected as downstream producers to Industries, LLC, Industrial Chain and from the date of certification, are eligible to Honeywell International, a TAA Conveyor Division, Milwaukee, apply for adjustment assistance under Certified firm. Wisconsin, separated from employment Chapter 2 of Title II of the Trade Act of 1974, The amended notice applicable to on or after July 20, 2005, through as amended. TA–W–70,774 is hereby issued as September 7, 2008. The Department’s follows: Notice was published in the Federal Signed at Washington, DC, this 4th day of Register on September 21, 2006 (71 FR May 2010. All workers of Sychip, Inc., a wholly 55218). Elliott S. Kushner owned subsidiary of Murata Electronics North America, Inc. (MENA), including In order to avoid an overlap in worker Certifying Officer, Division of Trade workers whose unemployment insurance (UI) group coverage, the Department is Adjustment Assistance. wages are paid through Adminstaff, and amending the June 9, 2008 impact date [FR Doc. 2010–12111 Filed 5–19–10; 8:45 am] including workers reported under a tax established for TA–W–71,118, to read BILLING CODE 4510–FN–P account for MENA, Plano, Texas, who September 8, 2008.

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The amended notice applicable to At the request of the State Agency, the Signed at Washington, DC, this 6th day of TA–W–71,118 is hereby issued as Department reviewed the certification May, 2010. follows: for workers of the subject firm. The Elliott S. Kushner, All workers of Rexnord Industries, LLC, workers provide technical support for Certifying Officer, Division of Trade Industrial Chain and Conveyor Division, communication systems. Adjustment Assistance. including on-site leased workers from New information shows that worker [FR Doc. 2010–12112 Filed 5–19–10; 8:45 am] Stivers, West Milwaukee, Wisconsin, who separations have occurred involving BILLING CODE 4510–FN–P became totally or partially separated from employees in support of the Highlands employment on or after September 8, 2008, Ranch, Colorado location of the subject through March 11, 2012, and all workers in DEPARTMENT OF LABOR the group threatened with total or partial firm working off-site at various locations separation from employment on date of in the state of Nebraska. These workers Employment and Training certification through two years from the date provided technical support for Administration of certification, are eligible to apply for communication systems supporting the adjustment assistance under Chapter 2 of Highlands Ranch, Colorado production Notice of Determinations Regarding Title II of the Trade Act of 1974, as amended. facility of the subject firm. Eligibility To Apply for Worker Signed in Washington, DC, this 4th day of Based on these findings, the Adjustment Assistance May, 2010. Department is amending this Del Min Amy Chen, In accordance with Section 223 of the certification to include workers in Trade Act of 1974, as amended (19 Certifying Officer, Division of Trade support of the Highlands Ranch, Adjustment Assistance. U.S.C. 2273) the Department of Labor Colorado location facility of the subject herein presents summaries of [FR Doc. 2010–12114 Filed 5–19–10; 8:45 am] firm working out of the state of determinations regarding eligibility to BILLING CODE 4510–FN–P Nebraska. apply for trade adjustment assistance for The amended notice applicable to workers by (TA–W) number issued DEPARTMENT OF LABOR TA–W–70,405 is hereby issued as during the period of April 12, 2010 follows: through April 23, 2010. Employment and Training All workers of Avaya Inc., Worldwide In order for an affirmative Administration Services Group, Global Support Services determination to be made for workers of (GSS) Organization, including on-site leased a primary firm and a certification issued [TA–W–70,405; TA–W–70,405FF] workers from Kelly Services Inc., P/S Partner regarding eligibility to apply for worker Solutions Ltd., Exceed Resources Inc., Real adjustment assistance, each of the group Avaya Inc., Worldwide Services Group, Soft, InfoQuest Consulting Group, CCSI Inc., eligibility requirements of Section Global Support Services (GSS) ICONMA LLC, MGD Consulting, Inc., Case 222(a) of the Act must be met. Organization, Including On-Site Leased Interactive LLC., and Sapphire Technologies, I. Under Section 222(a)(2)(A), the Workers From Kelly Services Inc., P/S Highlands Ranch, Colorado (TA–W–70,405), following must be satisfied: Partner Solutions Ltd., Exceed including employees in support of Avaya (1) A significant number or proportion Resources Inc., Real Soft, InfoQuest Inc., Worldwide Services Group, Global of the workers in such workers’ firm Support Services (GSS) Organization Consulting Group, Ccsi Inc., ICONMA have become totally or partially Highlands Ranch, Colorado working off-site LLC, MGD Consulting, Inc., Case separated, or are threatened to become Interactive LLC., Sapphire in the states of Florida (TA–W–70,405A), California (TA–W–70,405B), South Carolina totally or partially separated; Technologies, Highlands Ranch, CO; (TA–W–70,405C), Alabama (TA–W– (2) The sales or production, or both, Including Employees in Support of 70,405D), Michigan (TA–W–70,405E), of such firm have decreased absolutely; Avaya Inc., Worldwide Services Group, Arizona (TA–W–70,405F), Ohio (TA–W– and Global Support Services (GSS) 70,405G), Pennsylvania (TA–W–70,405H), (3) One of the following must be Organization, Highlands Ranch, CO North Carolina (TA–W–70,405I), Colorado satisfied: Operating Out of the State of (TA–W–70,405J), New York (TA–W– (A) Imports of articles or services like Nebraska; Amended Certification 70,405K), Maryland (TA–W–70,405L), or directly competitive with articles Regarding Eligibility To Apply for Georgia (TA–W–70,405M), New Jersey (TA– produced or services supplied by such Worker Adjustment Assistance W–70,405N), Indiana (TA–W–70,405O), firm have increased; Tennessee (TA–W–70,405P), Wisconsin (TA– (B) Imports of articles like or directly In accordance with Section 223 of the W–70,405Q), Oregon (TA–W–70,405R), competitive with articles into which one Trade Act of 1974, as amended (‘‘Act’’), Mississippi (TA–W–70,405S), Illinois (TA– W–70,405T), Texas (TA–W–70,405U), Iowa or more component parts produced by 19 U.S.C. 2273, the Department of Labor such firm are directly incorporated, issued a Certification of Eligibility to (TA–W–70,405V), Oklahoma (TA–W– 70,405W), Washington (TA–W–70,405X), have increased; Apply for Worker Adjustment South Dakota (TA–W–70,405Y), Nevada (C) Imports of articles directly Assistance on September 11, 2009, (TA–W–70,405Z), New Hampshire (TA–W– incorporating one or more component applicable to workers of Avaya Inc., 70,405AA), Montana (TA–W–70,405BB), parts produced outside the United Worldwide Services Group, Global Virginia (TA–W–70,405CC), Massachusetts States that are like or directly Support Services (GSS) Organization, (TA–W–70,405DD), Connecticut (TA–W– competitive with imports of articles including on-site leased workers from 70,405EE) and Nebraska (TA–W–70,405FF), incorporating one or more component Kelly Services Inc., P/S Partner who became totally or partially separated parts produced by such firm have Solutions Ltd., Exceed Resources Inc., from who became totally or partially increased; Real Soft, InfoQuest Consulting Group, separated from employment on or after May (D) Imports of articles like or directly CCSI Inc., ICONMA LLC, MGD 19, 2008, through September 11, 2011, and all workers in the group threatened with total competitive with articles which are Consulting, Inc., Case Interactive LLC., or partial separation from employment on produced directly using services and Sapphire Technologies, Highlands date of certification through two years from supplied by such firm, have increased; Ranch, Colorado. The notice was the date of certification, are eligible to apply and published in the Federal Register on for adjustment assistance under Chapter 2 of (4) The increase in imports November 5, 2009 (74 FR 57338). Title II of the Trade Act of 1974, as amended. contributed importantly to such

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workers’ separation or threat of (3) Either— The following certifications have been separation and to the decline in the (A) The workers’ firm is a supplier issued. The requirements of Section sales or production of such firm; or and the component parts it supplied to 222(a)(2)(A) (increased imports) of the II. Section 222(a)(2)(B) all of the the firm described in paragraph (2) Trade Act have been met. following must be satisfied: accounted for at least 20 percent of the TA–W–72,497: Utah Stamping (1) A significant number or proportion production or sales of the workers’ firm; Company, Leased Workers from of the workers in such workers’ firm or SOS and ESSI–LUMEA, Clearfield, have become totally or partially (B) A loss of business by the workers’ UT: October 5, 2008. separated, or are threatened to become firm with the firm described in TA–W–72,506: GHT-Craft Steel LLC, totally or partially separated; paragraph (2) contributed importantly to Grand Rapids, MI: October 5, 2008. (2) One of the following must be the workers’ separation or threat of TA–W–72,590: Taminco Higher Amines, satisfied: separation. Inc., Including Leased Workers (A) There has been a shift by the In order for an affirmative From Orbital Technical Solutions, workers’ firm to a foreign country in the determination to be made for adversely URS, etc., Riverview, MI: October production of articles or supply of affected workers in firms identified by 13, 2008. services like or directly competitive the International Trade Commission and TA–W–72,618: Baker Furniture, with those produced/supplied by the a certification issued regarding Highpoint, NC: October 16, 2008. workers’ firm; eligibility to apply for worker TA–W–72,759: Donsco, Inc., Belleville, (B) There has been an acquisition adjustment assistance, each of the group PA: November 3, 2008. from a foreign country by the workers’ eligibility requirements of Section 222(f) TA–W–72,856: Deco Products Company, firm of articles/services that are like or of the Act must be met. LLP, Decorah, IA: November 13, directly competitive with those (1) The workers’ firm is publicly 2008. produced/supplied by the workers’ firm; identified by name by the International TA–W–72,865: Valenite, LLC, Leased and Trade Commission as a member of a Workers From Snelling Staffing (3) The shift/acquisition contributed domestic industry in an investigation Services & The Creative Group, importantly to the workers’ separation resulting in— Madison Heights, MI: November 16, or threat of separation. (A) An affirmative determination of 2008. In order for an affirmative serious injury or threat thereof under TA–W–72,935: T-Shirt International, determination to be made for adversely section 202(b)(1); Inc., Leased Workers from Express affected workers in public agencies and (B) An affirmative determination of Professional Services, Culloden, a certification issued regarding market disruption or threat thereof WV: November 18, 2008. eligibility to apply for worker under section 421(b)(1); or TA–W–73,069: Allen Edmonds Shoe adjustment assistance, each of the group (C) An affirmative final determination Corporation, Lewiston, ME: eligibility requirements of Section of material injury or threat thereof under December 8, 2008. 222(b) of the Act must be met. section 705(b)(1)(A) or 735(b)(1)(A) of TA–W–73,164: General Motors (1) A significant number or proportion the Tariff Act of 1930 (19 U.S.C. Corporation, Renaissance Center, of the workers in the public agency have 1671d(b)(1)(A) and 1673d(b)(1)(A)); Leased Workers From Accretive become totally or partially separated, or (2) The petition is filed during the Solutions, etc., Detroit MI: are threatened to become totally or 1-year period beginning on the date on December 18, 2008. partially separated; which— TA–W–73,306: Lynn Ladder and (2) The public agency has acquired (A) A summary of the report Scaffolding Co., Inc., Orwigsburg, from a foreign country services like or submitted to the President by the PA: January 6, 2009. directly competitive with services International Trade Commission under TA–W–73,338: American General, Life which are supplied by such agency; and section 202(f)(1) with respect to the Brokerage, American International (3) The acquisition of services affirmative determination described in Group, Leased Workers from contributed importantly to such paragraph (1)(A) is published in the Adecco, Milwaukee, WI: January 20, workers’ separation or threat of Federal Register under section 202(f)(3); 2009. separation. or In order for an affirmative TA–W–73,357: Hutchinson Technology, (B) Notice of an affirmative Inc., Disk Drive Components, Eau determination to be made for adversely determination described in affected secondary workers of a firm and Claire, WI: January 14, 2009. subparagraph (1) is published in the TA–W–73,446: Genesis Networks a certification issued regarding Federal Register; and eligibility to apply for worker Solutions, Inc., Abilene, TX: (3) The workers have become totally February 3, 2009. adjustment assistance, each of the group or partially separated from the workers’ eligibility requirements of Section firm within— The following certifications have been 222(c) of the Act must be met. (A) The 1-year period described in issued. The requirements of Section (1) A significant number or proportion paragraph (2); or 222(a)(2)(B) (shift in production or of the workers in the workers’ firm have (B) Notwithstanding section 223(b)(1), services) of the Trade Act have been become totally or partially separated, or the 1-year period preceding the 1-year met. are threatened to become totally or period described in paragraph (2). TA–W–71,043: Philip Morris USA, Altria partially separated; Group, Cabarrus Manufacturing (2) The workers’ firm is a Supplier or Affirmative Determinations for Worker Plant, Concord, NC: May 29, 2008. Downstream Producer to a firm that Adjustment Assistance TA–W–71,845: Lattice Semiconductor employed a group of workers who The following certifications have been Corporation, Leased Workers from received a certification of eligibility issued. The date following the company Robert Half International, Express under Section 222(a) of the Act, and name and location of each Personnel, Hillsboro, OR: July 28, such supply or production is related to determination references the impact 2008. the article or service that was the basis date for all workers of such TA–W–72,170: Learjet, Inc., Wichita for such certification; and determination. Division, Leased Workers from

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Aerotek, Atsi, Cantec etc., Wichita, Account Department, San Diego, Ready, Prospect Harbor, ME: KS: August 26, 2008. CA: December 17, 2008. February 22, 2009. TA–W–72,329: Sabritec, Leased Workers TA–W–73,174: EMD Chemicals Inc., TA–W–73,663: Appleton Papers, Inc., from Mattson Resources, Volt Leased Workers from Ajilen, Finance and Information Temporary Services, Irvine, CA: Ranstad, Assigend Counsel and Technology Divisions, Appleton, September 15, 2008. Emerson Personnel, Gibbstown, NJ: WI: March 8, 2009. TA–W–72,354: Fair Isaac Corporation, December 21, 2008. TA–W–73,667: Saint-Gobain Helpdesk and PC Support, San TA–W–73,189: Lear Corporation, Loma Performance Plastics, Polymer Rafael, CA: September 14, 2008. Verde El Paso Distribution Center, Products Div., Leased Workers from TA–W–72,556: Sonus Networks, Inc., Leased Workers from Manpower Dimension Staffing, Monroe Quality Assurance Group, The and Kelly, El Paso, TX: December Staffing, Bristol, RI: April 24, 2010. System Verification Testing Group, 18, 2008. TA–W–73,808: Maersk Agency USA, Westford, MA: October 5, 2008. TA–W–73,197: Rexam Consumer Inc., Maersk, Inc., A.P. Moller- TA–W–72,704A: Starwood Hotels & Plastics, Leased Workers From CBS Maersk A/S, Madison, NJ: January Resorts Worldwide, Corporate IT Personnel Services, S&S Staffing, 12, 2009. Division, Leased Workers from etc., Holden, MA: December 29, The following certifications have been Computer Merchant, LTD, Austin, 2008. issued. The requirements of Section TX: September 30, 2008. TA–W–73,270: Atmel Corporation, 222(c) (supplier to a firm whose workers TA–W–72,704B: Starwood Hotels & Finance Group, Leased Workers are certified eligible to apply for TAA) Resorts Worldwide, Corporate IT from Volt Accountabilities, of the Trade Act have been met. Division, Leased Workers from Colorado Springs, CO: January 8, TA–W–71,374: GMPT Warren Computer Merchant, LTD, White 2009. Plains, NY: September 30, 2008. TA–W–73,278A: Maersk Agency USA, Transmission, GM Powertrain TA–W–72,704C: Starwood Hotels & Inc., North America Information Division, General Motors Company, Resorts Worldwide, Corporate IT Systems, Leased Workers IBM, Warren, MI: June 16, 2008. Division, Leased Workers from Consonus, and Sarcom, Charlotte, TA–W–71,470: Unifi, Inc., Plant #3, Computer Merchant, LTD, Phoenix, NC: January 12, 2009. Nylon Division, Madison, NC: June AZ: September 30, 2008. TA–W–73,278B: Maersk Agency USA, 29, 2008. TA–W–72,704: Starwood Hotels & Inc., North America Information TA–W–71,923: Decker Logging, Inc., Resorts Worldwide, Corporate IT Systems, A.P. Moller-Maersk A/S, Libby, MT: July 19, 2008. Division, Leased Workers from Carney, MD: January 12, 2009. TA–W–72,125: Manitowoc Cranes, Inc., Computer Merchant, LTD, TA–W–73,278: Maersk Agency USA, Port Washington Division, Port Braintree, MA: September 30, 2008. Inc., North America Information Washington, WI: August 25, 2008. TA–W–72,757: Intermet U.S. Holding, Systems, Leased Workers GMM TA–W–72,470: McKenzie Foam And dba Intermet, New River Foundry, Enterprises, LLC, ICS, Madison, NJ: Supply, Inc., McKenzie, TN: Radford, VA: October 28, 2008. January 12, 2009. September 30, 2008. TA–W–73,022: Autodesk, Inc., Platform TA–W–73,316: Yale Sportswear TA–W–72,548: AGC Flat Glass North Solutions and Emerging Business Corporation, Federalsburg, MD: America, Inc., dba AGC Glass Co. Division, San Rafael, CA: November January 10, 2009. North America, Leased Workers 24, 2008. TA–W–73,320: Rio Tinto Services, Inc., from Express Employment, TA–W–73,036A: Tracksure Insurance Salt Lake City Rio Tinto Regional Elizabethtown, KY: October 7, 2008. Agency, Inc., Assurant, Inc., Hazard Center, Leased Workers from Prince TA–W–72,639: Faurecia, Faurecia Insurance Processing, Tustin, CA: Perelson, South Jordan, UT: Seating, Seating Div. Leased December 4, 2008. December 28, 2008. Workers from Harvard Resources TA–W–73,036: Tracksure Insurance TA–W–73,322: Hartford Financial Group, Shelby Township, MI: Agency, Inc., Assurant, Inc., Hazard Services Group, Inc., Claims October 20, 2008. Insurance Processing, Santa Ana, Department/Auto Commercial TA–W–72,646: Michigan Mechanical CA: December 4, 2008. Liability, Phoenix, AZ: January 15, Services, Inc., Taylor, MI: October TA–W–73,107: Infrasoft International, 2009. 21, 2008. LLC, State College, PA: December TA–W–73,341: WestPoint Home, Inc., TA–W–72,707: Air-Way Manufacturing 15, 2008. Biddeford, ME: January 22, 2009. Co., Leased Workers from Pro TA–W–73,125: Baker Hughes Oilfield TA–W–73,343: Convergys, International Resources, Hamilton, IN: October Operation, Inc., Enterprise Finance Management Group, Lake Mary, FL: 23, 2008. Organization, Leased Workers of January 19, 2009. TA–W–72,844: Paramount Precision Kelly Services, Houston, TX: TA–W–73,397: Remy, Inc., Meridian, Products, Inc., Leased Workers from December 16, 2008. MS: February 1, 2009. Aerotek Commercial Staffing, Oak TA–W–73,133: CVG–Mayflower Vehicle TA–W–73,420A: Alticor, Inc., Including Park, MI: November 6, 2008. Systems LLC, Norwalk, OH: Access Business Group TA–W–73,028: TRW Automotive, Body December 17, 2008. International LLC, Amway, Ada, MI: Control Systems North America TA–W–73,146: IBM, Global Business February 1, 2009. Division, Galesville, WI: October 11, Services Division, Application TA–W–73,420: Alticor, Inc., Including 2008. Management Services Business, Access Business Group TA–W–73,041: Pilkington North Charleston, WV: December 21, International LLC, Amway, Buena America, Inc., Lathrop, CA: 2008. Park, CA: February 1, 2009. December 2, 2008. TA–W–73,149: Ashland, Inc., Ashland TA–W–73,489: Sonoco Products TA–W–73,057: Lamjen, Inc., A Hercules Water Technology, Company, Orrville, OH: February 2, Subsidiary of Custom Engineering, Kearny, NJ: December 18, 2008. 2009. Erie, PA: December 7, 2008. TA–W–73,150: Hyatt Corporation as an TA–W–73,543: Bumble Bee Foods, LLC, TA–W–73,253: Injex Industries, Inc., Agent for Manchester Resorts, LP, Including Leased Workers of Labor Leased Workers from the Solutions

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Group, Hayward, CA: January 12, TA–W–71,394: Cascade Structural Leased Workers from Paige 2009. Laminators, Willamina, OR. Personnel, Montgomery, IL. TA–W–73,262: Vuteq California TA–W–71,434: Eramet Marietta, Inc., TA–W–71,995: Honeywell Technology Corporation, Leased Workers from Special Products Division, Marietta, Solutions, Inc., Honeywell Staffchex and Randstad, Hayward, OH. International, Inc., Piketon, OH. CA: January 12, 2009. TA–W–71,456: Knight Celotex, Sunbury, TA–W–72,145: HSBC Finance TA–W–73,333: Aegis Communications PA. Corporation, A Subsidiary of HSBC Group, Inc., ACZ and ACY Group, TA–W–71,494: Johns Manville, North America Holdings, Inc., Elkins, WV: January 21, 2009. Engineered Products Division, Dubois, PA. TA–W–73,497: Aisin Manufacturing Spartanburg, SC. TA–W–72,203: Georgino Industrial California, LLC, Including Leased TA–W–71,607: Wisconsin Mechanical, Supply, Penfield, PA. Workers of Premier Staffing, LLC, Waukesha, WI. TA–W–72,680: Goodwill Printing Stockton, CA: February 8, 2009. TA–W–71,750: E.I. DuPont, Electronic Company, Ferndale, MI. TA–W–73,660: Rebuilt, LLC, Previously Technologies Division, Circleville, TA–W–72,950: Pittsburgh Coatings, Inc., Known as ILevel by Weyerhaeuser, OH. Ambridge, PA. Commercial Sales Division, Boise, TA–W–71,817: Clark Equipment TA–W–73,088A: Emerson Process ID: March 8, 2009. Company, Bobcat Company Management, Rosemount Division, Division, Gwinner, ND. Database and Purchasing Groups, Negative Determinations for Worker TA–W–71,868: Hamilton Sundstrand, Chanhassen, MN. Adjustment Assistance Sundyne Electromagnetics, United TA–W–73,088: Emerson Process In the following cases, the Technologies, Leased Workers from Management, Rosemount Division, investigation revealed that the eligibility Aerotek, Pleasant Prairie, WI. Database and Purchasing Groups, criteria for worker adjustment assistance TA–W–71,936: Seaboard Folding Box Eden Prairie, MN. have not been met for the reasons Company, LLC, CJ Fox Division, TA–W–73,114: Maddox Drilling, San specified. Providence, RI. Angelo, TX. The investigation revealed that the TA–W–71,953: Vanguard National TA–W–73,367: Caliber Auto Transfer of criterion under paragraph (a)(1), or Trailer Corporation, Monon, IN. Ohio, Inc., Fostoria, OH. (b)(1), or (c)(1) (employment decline or TA–W–71,976: Powerboss, Inc., The investigation revealed that threat of separation) of section 222 has Minuteman International, criteria of Section 222(c)(2) have not not been met. Aberdeen, NC. been met. The workers’ firm (or TA–W–71,047: UAW–Chrysler National TA–W–72,152: Marvel Industries, subdivision) is not a Supplier to or a Training Center, Detroit, MI. Northland Corporation, Richmond, Downstream Producer for a firm whose TA–W–71,235: Vairex Corporation, A IN. workers were certified as eligible to Subsidiary of Vairex International TA–W–72,220: Ecolab, Leased Workers apply for TAA. LTD., Boulder, CO. from Spherion, Hebron, OH. TA–W–70,949A: Chrysler LLC, Mopar TA–W–71,367: Siegwerk USA Company, TA–W–72,247: National Briquetting Parts Distribution Center, On-Site Workers at Graphics Corporation, Harsco, also s Naperville, IL. Packaging, Lawrenceburg, TN. Performix East Chicago, East TA–W–70,949B: Chrysler LLC, Mopar TA–W–73,232: R.L. Torresdal Company, Chicago, IN. Parts Distribution Center, New Inc., Ossian, IA. TA–W–72,554: General Motors Boston, MI. The investigation revealed that the Company, Pontiac Assembly, TA–W–70,949C: Chrysler LLC, Mopar criteria under paragraphs (a)(2)(A)(i) Pontiac, MI. Parts Distribution Center, (decline in sales or production, or both) TA–W–72,903: Ford Motor Company, Beaverton, OR. and (a)(2)(B) (shift in production or Walton Hills Stamping Plant, TA–W–70,949D: Chrysler LLC, Mopar services to a foreign country) of section Division Stamping Business Unit of Parts Distribution Center, 222 have not been met. Ford Motor, Walton Hills, OH. Carrollton, TX. TA–W–72,957: Hoffco-Comet Industries, TA–W–73,000: Ayrshire Electronics of TA–W–70,949E: Chrysler LLC, Mopar Richmond, IN. Mississippi, LLC, CDR Parts Distribution Center, Fontana, TA–W–72,999: Shain Solutions, Manufacturing, Inc., Corinth, MS. CA. Diversified Woodcrafts, Inc., TA–W–70,949F: Chrysler LLC, Mopar The investigation revealed that the Philipsburg, PA. Parts Distribution Center, Lathrop, criteria under paragraphs (a)(2)(A) TA–W–70,941: Performance Powder CA. (increased imports) and (a)(2)(B) (shift Coating, LLC, Kokomo, IN. TA–W–70,949G: Chrysler LLC, Mopar in production or services to a foreign TA–W–71,372: Starcom MediaVest Parts Distribution Center, Denver, country) of section 222 have not been Group, Detroit, MI. CO. met. TA–W–71,483A: Continental Airlines, TA–W–70,949H: Chrysler LLC, Mopar TA–W–71,017: Diversified Textile Inc., Reservations Division— Parts Distribution Center, Ontario, Machinery Corporation, Kings Tampa, Tampa, FL. CA. Mountain, NC. TA–W–71,483B: Continental Airlines, TA–W–70,949I: Chrysler LLC, Mopar TA–W–71,083: Montana Renewable Inc., Reservations Division—Salt Parts Distribution Center, Resources, LLP, Eureka, MT. Lake City, Salt Lake City, UT. Hazelwood, MO. TA–W–71,307: Clear Lake Lumber, Inc., TA–W–71,483: Continental Airlines, TA–W–70,949J: Chrysler LLC, Mopar Spartanburg, PA. Inc., Reservations Division, Parts Distribution Center, Morrow, TA–W–71,335: Suburban Precision Mold Houston, TX. GA. Company, Inc., Meadville, PA. TA–W–71,653: Minnesota Industries, TA–W–70,949K: Chrysler LLC, Mopar TA–W–71,379: General Motors Chisholm, MN. Parts Distribution Center, Memphis, Company, formerly known as TA–W–71,667: Fort Smith Express, Inc., TN. General Motors Corporation, Fort Smith, AR. TA–W–70,949L: Chrysler LLC, Mopar Wentzville Assembly Center, TA–W–71,789: Lyon Workspace Parts Distribution Center, Tappan, Wentzville, MO. Products, LLC, L&D Group, Inc., NY.

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TA–W–70,949M: Chrysler LLC, Mopar The following determinations Automobile, Aerospace and Agricultural Parts Distribution Center, terminating investigations were issued Implements Workers of America, Local Mansfield, MA. in cases where these petitions were not 1853 (Union) requested administrative TA–W–70,949N: Chrysler LLC, Mopar filed in accordance with the reconsideration of the Department’s Parts Distribution Center, Plymouth, requirements of 29 CFR 90.11. Every negative determination regarding MN. petition filed by workers must be signed eligibility to apply for Trade Adjustment TA–W–70,949O: Chrysler LLC, Mopar by at least three individuals of the Assistance (TAA), applicable to workers Parts Distribution Center, petitioning worker group. Petitioners and former workers of the subject firm. Streetsboro, OH. separated more than one year prior to The determination was signed on March TA–W–70,949P: Chrysler LLC, Mopar the date of the petition cannot be 19, 2010. The Department’s Notice of Parts Distribution Center, Orlando, covered under a certification of a determination was published in the FL. petition under Section 223(b), and Federal Register on April 23, 2010 (75 TA–W–70,949Q: Chrysler LLC, Mopar therefore, may not be part of a FR 21358). Parts Distribution Center, petitioning worker group. For one or Pursuant to 29 CFR 90.18(c), Milwaukee, WI. more of these reasons, these petitions reconsideration may be granted under TA–W–70,949R: Chrysler LLC, Mopar were deemed invalid. the following circumstances: Parts Distribution Center, Warren, TA–W–72,895: Clark Construction, El (1) If it appears on the basis of facts MI. not previously considered that the TA–W–70,949S: Chrysler LLC, Mopar Dorado, TX. TA–W–73,300: Wood-Mode, Kreamer, determination complained of was Parts Distribution Center, PA. erroneous; Marysville, MI. (2) If it appears that the determination TA–W–70,949: Chrysler LLC, Mopar The following determinations complained of was based on a mistake Parts Distribution Center, Center terminating investigations were issued in the determination of facts not Line, MI. because the petitioning groups of previously considered; or workers are covered by active (3) If in the opinion of the Certifying Determinations Terminating certifications. Consequently, further Officer, a misinterpretation of facts or of Investigations of Petitions for Worker investigation in these cases would serve the law justified reconsideration of the Adjustment Assistance no purpose since the petitioning group decision. After notice of the petitions was of workers cannot be covered by more The negative determination published in the Federal Register and than one certification at a time. applicable to workers and former on the Department’s Web site, as TA–W–71,317: Product Action, Toledo, workers at American Food and Vending, required by Section 221 of the Act (19 OH. Spring Hill, Tennessee, was based on U.S.C. 2271), the Department initiated TA–W–73,749: Assembly and Test the findings that the subject firm did investigations of these petitions. Worldwide, Inc., Shelton, CT. not, during the investigation period, The following determinations I hereby certify that the aforementioned shift to a foreign country services like or terminating investigations were issued determinations were issued during the period directly competitive with the cafeteria because the petitioner has requested of April 12, 2010 through April 23, 2010. services or vending machine services that the petition be withdrawn. Copies of these determinations may be supplied by the workers or acquire from TA–W–71,562: Magneti Marelli requested under the Freedom of Information a foreign country services like or Powertrain USA, LLC, Sanford, NC. Act. Requests may be submitted by fax, directly competitive with the cafeteria TA–W–71,734A: Morris Yachts, Inc., courier services, or mail to FOIA Disclosure services or vending machine services Trenton, ME. Officer, Office of Trade Adjustment supplied by the workers; that the TA–W–71,734: Morris Yachts, Inc., Bass Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, workers’ separation, or threat of Harbor, ME. separation, was not related to any TA–W–73,287: HP Enterprise Services, DC 20210 or to [email protected]. These determinations also are available on the increase in imports of like or directly Formerly Known As EDS/HP, Fort Department’s Web site at http:// competitive services or a shift in Worth, TX. www.doleta.gov/tradeact under the service/acquisition abroad; and that the TA–W–73,304: Suntron Corporation, searchable listing of determinations. workers did not supply a service that Newberg, OR. was directly used in the production of TA–W–73,337: Vector CANtech, Novi, Dated: May 13, 2010. an article or the supply of service by a MI. Del Min Amy Chen, firm that employed a worker group that TA–W–73,340: Carestream Health, Inc., Certifying Officer, Division of Trade is eligible to apply for TAA based on the Sensitizing Department, Windsor, Adjustment Assistance. afore-mentioned article or service. CO. [FR Doc. 2010–12110 Filed 5–19–10; 8:45 am] In the request for reconsideration, the TA–W–73,387: CC Forbes, Big Lake, TX. BILLING CODE 4510–FN–P TA–W–73,442: International Business Union stated that the workers of the Machines Corporation, IT Support subject firm should be eligible for TAA 7—IBM, Boulder, CO. DEPARTMENT OF LABOR because they are service workers who TA–W–73,452: Safmarine, Inc., provided services to General Motors, Madison, NJ. Employment and Training Spring Hill, Tennessee, and were laid TA–W–73,474: Managed Business Administration off at the same time as workers of Premier Manufacturing Support Solutions, Santa Rosa, CA. [TA–W–72,606] TA–W–73,571: Halliburton, Duncan, Services (a services provider to General OK. American Food and Vending Spring Motors, Spring Hill, Tennessee, who TA–W–73,744: Sony Ericsson, USA, Hill, TN; Notice of Negative were certified eligible to apply for TAA Research Triangle Park, NC. Determination Regarding Application on March 12, 2010, under TA–W– TA–W–73,834: William B. Altman, Inc., for Reconsideration 72,379). Fenelton, PA. The difference in the determinations TA–W–73,839: Duthler Ford Truck, Inc., By application dated April 6, 2010, is based on the difference in the Wyoming, MI. the International Union, United companies’ relationships to the

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production process at General Motors, DEPARTMENT OF LABOR Signed in Washington, DC, this 4th day of Spring Hill, Tennessee. The workers of May, 2010. Premier Manufacturing Support Employment and Training Del Min Amy Chen, Services provided services (janitorial, Administration Certifying Officer, Division of Trade maintenance, and hazardous waste [TA–W–71,401] Adjustment Assistance. disposal) that were directly involved in [FR Doc. 2010–12115 Filed 5–19–10; 8:45 am] the production process at General Setco Automotive, Inc., Paris, TN; BILLING CODE 4510–FN–P Motors, Spring Hill, Tennessee. In Notice of Revised Determination on contrast, the worker of the subject firm Reconsideration provided services (cafeteria services and By application dated April 5, 2010, NUCLEAR REGULATORY vending machine services) that are not the Tennessee AFL–CIO Technical COMMISSION directly involved in the production Assistance Office (Union) requested Sunshine Federal Register Notice process at General Motors, Spring Hill, administrative reconsideration of the Tennessee. negative determination regarding AGENCY HOLDING THE MEETINGS: Nuclear In the request for reconsideration, the workers’ eligibility to apply for Trade Regulatory Commission, [NRC–2010– Union also asserts that the workers ‘‘are Adjustment Assistance (TAA) 0002]. under the operational control of the applicable to workers and former DATE: Week of May 24, 2010. workers of the subject firm. General Motors Corporation in Spring PLACE: The initial investigation resulted in a Commissioners’ Conference Hill, Tennessee and were considered negative determination, issued on Room, 11555 Rockville Pike, Rockville, joint employees.’’ March 9, 2010, that was based on the Maryland. A careful review of previously- finding that there was no increase in STATUS: Public and Closed. submitted information from American imports by the workers’ firm or ADDITIONAL ITEMS TO BE CONSIDERED: Food and Vending revealed no evidence customers of the subject firm, nor was Week of May 24, 2010 that supports either of the afore- there a shift or acquisition by the mentioned assertions. For example, the workers’ firm, and neither the workers’ Thursday, May 27, 2010 workers’ wages have not been reported firm nor its customers reported imports 9:25 a.m. Affirmation Session (Public under any Federal Employer of articles like or directly competitive Meeting) (Tentative). Identification Number (FEIN) other than with articles into which the automotive a. South Texas Project Nuclear the subject firm’s FEIN. clutch products produced by the Operating Co. (South Texas Project workers’ firm was directly incorporated Units 3 and 4), Intervenors’ Notice The petitioner did not supply facts into. The Department’s Notice of not previously considered; nor provide of Appeal, Brief in Support of determination was published in the Intervenors’ Appeal of Atomic additional documentation indicating Federal Register on April 23, 2010 (FR Safety and Licensing Board’s Order that there was either (1) a mistake in the 75 21358). of January 29, 2010 (Feb. 9, 2010) determination of facts not previously The reconsideration investigation (Tentative). considered or (2) a misinterpretation of revealed that, during 2008 and 2009, the This meeting will be Webcast live at facts or of the law justifying subject firm sold component parts the Web address—http://www.nrc.gov. reconsideration of the initial (automotive clutch products) to be determination. incorporated into an article to a firm * * * * * that employed a worker group currently The NRC Commission Meeting After careful review of the request for Schedule can be found on the Internet reconsideration, the Department eligible to apply for TAA, and that the article was the basis for the certification. at: http://www.nrc.gov/about-nrc/policy- determines that 29 CFR 90.18(c) has not making/schedule.html. been met. The subject firm’s sales to that customer in each of those two years amounted to * * * * * Conclusion approximately twenty percent of the The NRC provides reasonable subject firm’s total sales. accommodation to individuals with After review of the application and disabilities where appropriate. If you investigative findings, I conclude that Conclusion need a reasonable accommodation to there has been no error or After careful review of the additional participate in these public meetings, or misinterpretation of the law or of the facts obtained on reconsideration, I need this meeting notice or the facts which would justify determine that workers of Setco transcript or other information from the reconsideration of the Department of Automotive, Inc., Paris, Tennessee meet public meetings in another format (e.g., Labor’s prior decision. Accordingly, the the worker group certification criteria braille, large print), please notify Angela application is denied. under Section 222(c) of the Act, 19 Bolduc, Chief, Employee/Labor U.S.C. 2272(c). In accordance with Relations and Work Life Branch, at 301– Signed in Washington, DC, this 3rd day of Section 223 of the Act, 19 U.S.C. 2273, 492–2230, TDD: 301–415–2100, or by e- May 2010. I make the following certification: mail at [email protected]. Del Min Amy Chen, All workers of Setco Automotive, Inc., Determinations on requests for Certifying Officer, Division of Trade Paris, Tennessee, who became totally or reasonable accommodation will be Adjustment Assistance. partially separated from employment on or made on a case-by-case basis. [FR Doc. 2010–12107 Filed 5–19–10; 8:45 am] after June 25, 2008, through two years from * * * * * BILLING CODE 4510–FN–P the date of this certification, and all workers This notice is distributed in the group threatened with total or partial electronically to subscribers. If you no separation from employment on date of certification through two years from the date longer wish to receive it, or would like of certification, are eligible to apply for to be added to the distribution, please adjustment assistance under Chapter 2 of contact the Office of the Secretary, Title II of the Trade Act of 1974, as amended. Washington, DC 20555 (301–415–1969),

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or send an e-mail to premium instructions (including more participants for the prior plan [email protected]. illustrative forms) for 2010 and prior year) are required to pay PBGC’s flat- Dated: May 17, 2010. years can be accessed on PBGC’s Web rate premium early in the premium payment year. Because the participant Rochelle C. Bavol, site at http://www.pbgc.gov. count often is not available until late in Office of the Secretary. FOR FURTHER INFORMATION CONTACT: James Bloch, Program Analyst, the premium payment year, PBGC [FR Doc. 2010–12224 Filed 5–18–10; 11:15 am] Legislative and Policy Division, or permits filers to make an ‘‘Estimated BILLING CODE 7590–01–P Catherine B. Klion, Manager, Regulatory flat-rate premium filing.’’ and Policy Division, Legislative and All plans are required to make a Regulatory Department, Pension Benefit ‘‘Comprehensive premium filing.’’ PENSION BENEFIT GUARANTY Guaranty Corporation, 1200 K Street, Comprehensive filings are used to report CORPORATION NW., Washington, DC 20005–4026; 202– (i) the flat-rate premium and related 326–4024. (TTY/TDD users may call the data (all plans), (ii) the variable-rate Proposed Submission of Information Federal relay service toll-free at 1–800– premium and related data (single- Collection for OMB Review; Comment 877–8339 and ask to be connected to employer plans), and (iii) additional Request; Payment of Premiums 202–326–4024.) data such as identifying information and miscellaneous plan-related or filing- AGENCY: Pension Benefit Guaranty SUPPLEMENTARY INFORMATION: Section related data (all plans). For large plans, Corporation. 4007 of Title IV of the Employee the Comprehensive filing also serves to Retirement Income Security Act of 1974 ACTION: Notice of intention to request reconcile an estimated flat-rate premium (ERISA) requires pension plans covered extension of OMB approval of revised paid earlier in the year. collection of information. under Title IV pension insurance PBGC intends to revise the 2011 filing programs to pay premiums to PBGC. instructions to: SUMMARY: The Pension Benefit Guaranty Pursuant to section 4007, PBGC has • Remove references to a transition Corporation (PBGC) is modifying the issued its regulation on Payment of rule in section 430 of the Internal collection of information under Part Premiums (29 CFR part 4007). Under Revenue Code that no longer applies. 4007 of its regulation on Payment of § 4007.3 of the premium payment • Remove instructions about the Premiums (OMB control number 1212– regulation, plan administrators are credit card payment option for premium 0007; expires April 30, 2011) and required to file premium payments and payments, which is being eliminated intends to request that the Office of information prescribed by PBGC. because of low usage. Management and Budget (OMB) extend Premium information must be filed • Clarify that if a plan has been frozen approval of the collection of information electronically using ‘‘My Plan more than once, a filer should report the under the Paperwork Reduction Act for Administration Account’’ (‘‘My PAA’’) most recent date that the plan became three years. This notice informs the through PBGC’s Web site except to the closed to new entrants. These public of PBGC’s intent and solicits extent PBGC grants an exemption for instructions parallel the benefit-accrual- public comment on the collection of good cause in appropriate freeze instructions. information. circumstances, in which case the • Make other minor changes. DATES: Comments must be submitted by information must be filed using an PBGC intends to revise the 2012 filing July 19, 2010. approved PBGC form. The plan instructions to require plans using the administrator of each pension plan alternative premium funding target to ADDRESSES: Comments may be covered by Title IV of ERISA is required ‘‘ ’’ submitted by any of the following report the effective interest rate to submit one or more premium filings methods: (defined in section 430(h) of the Internal for each premium payment year. Under • Federal eRulemaking Portal: http:// Revenue Code). PBGC will use this § 4007.10 of the premium payment www.regulations.gov. Follow the Web information to update its annual regulation, plan administrators are site instructions for submitting contingency list and financial required to retain records about comments. statements more timely and accurately. premiums and information submitted in • E-mail: [email protected]. PBGC is not making this change until premium filings. • Fax: 202–326–4224. 2012 to provide time to modify its PBGC needs information from • Mail or Hand Delivery: Legislative premium accounting system to handle premium filings to identify the plans for and Regulatory Department, Pension the new data element. which premiums are paid, to verify The collection of information under Benefit Guaranty Corporation, 1200 K whether the amounts paid are correct, to the regulation has been approved Street, NW., Washington, DC 20005– help PBGC determine the magnitude of through April 30, 2011, by OMB under 4026. its exposure in the event of plan control number 1212–0007. PBGC Comments received, including personal termination, to help track the creation of intends to request that OMB extend information provided, will be posted to new plans and transfer of participants approval of the collection of information http://www.pbgc.gov. and plan assets and liabilities among (with modifications) for another three Copies of the collection of plans, and to keep PBGC’s insured-plan years. An agency may not conduct or information and comments may be inventory up to date. That information sponsor, and a person is not required to obtained without charge by writing to and the retained records are also needed respond to, a collection of information the Disclosure Division, Office of for audit purposes. unless it displays a currently valid OMB General Counsel, at the above address or All plans covered by Title IV of control number. by visiting the Disclosure Division or ERISA pay a flat-rate per-participant PBGC estimates that it will receive calling 202–326–4040 during normal premium. An underfunded single- 34,300 premium filings per year from business hours. (TTY/TDD users may employer plan also pays a variable-rate 28,500 plan administrators under this call the Federal relay service toll-free at premium based on the value of the collection of information. PBGC further 1–800–877–8339 and ask to be plan’s unfunded vested benefits. estimates that the average annual connected to 202–326–4040.) The Large-plan filers (i.e., plans that were burden of this collection of information premium payment regulation and the required to pay premiums for 500 or is 9,000 hours and $59,960,000.

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PBGC is soliciting public comments of functions of the Office of Personnel request for comments on a revised to— Management, and whether it will have information collection. This information • Evaluate whether the proposed practical utility; whether our estimate of collection, ‘‘Civil Service Retirement collection of information is necessary the public burden of this collection of System (CSRS) Survivor Annuitant for the proper performance of the information is accurate, and based on Express Pay Application for Death functions of the agency, including valid assumptions and methodology; Benefits’’ (OMB Control No. 3206–0233; whether the information will have and ways in which we can minimize the Form RI 25–51), will be used by the practical utility; burden of the collection of information Civil Service Retirement System solely • Evaluate the accuracy of the on those who are to respond, through to pay benefits to the widow(er) of an agency’s estimate of the burden of the the use of appropriate technological annuitant. This application is intended proposed collection of information, collection techniques or other forms of for use in immediately authorizing including the validity of the information technology. payments to an annuitant’s widow or methodologies and assumptions used; Approximately 47,000 SF 2823 forms widower, based on the report of death, • Enhance the quality, utility, and are completed annually by annuitants clarity of the information to be and 1,000 forms are completed by when our records show the decedent collected; and assignees. Each form takes elected to provide benefits for the • Minimize the burden of the approximately 5 minutes to complete. applicant. collection of information on those who The annual estimated burden is 12,000 Comments are particularly invited on: are to respond, including through the hours. Whether this collection of information use of appropriate automated, For copies of this proposal, contact is necessary for the proper performance electronic, mechanical, or other Cyrus S. Benson on (202) 606–4808, of functions of the Office of Personnel technological collection techniques or FAX (202) 606–0910 or via e-mail to Management, and whether it will have other forms of information technology. [email protected]. Please include practical utility; whether our estimate of Issued in Washington, DC, this 14th day of a mailing address with your request. the public burden of this collection of May 2010. DATES: Comments on this proposal information is accurate, and based on John H. Hanley, should be received within 60 calendar valid assumptions and methodology; Director, Legislative and Regulatory days from the date of this publication. and ways in which we can minimize the Department, Pension Benefit Guaranty ADDRESSES: Send or deliver comments burden of the collection of information Corporation. to—Christopher N. Meuchner, Program on those who are to respond, through [FR Doc. 2010–12121 Filed 5–19–10; 8:45 am] Analysis Officer, FSA, Life & Long Term the use of appropriate technological BILLING CODE 7709–01–P Care, Retirement and Benefits, collection techniques or other forms of Insurance Operations, U.S. Office of information technology. Personnel Management, 1900 E Street, NW., Room 2H22, Washington, DC Approximately 34,800 RI 25–51 forms OFFICE OF PERSONNEL are completed annually. The form takes MANAGEMENT 20415–3661. For information regarding approximately 30 minutes to complete. [OMB Control No. 3206–0136; SF 2823] administrative coordination contact: The annual estimated burden is 17,400 Cyrus S. Benson, Team Leader, hours. For copies of this proposal, Proposed Collection; Request for Publications Team, RB/RM/ contact Cyrus S. Benson (202) 606– Comments on a Revised Information Administrative Services, (202) 606– 4808, FAX (202) 606–0910 or E-mail to Collection 4808. [email protected]. Please include AGENCY: Office of Personnel U.S. Office of Personnel Management. your mailing address with your request. Management. John Berry, DATES: Comments on this proposal ACTION: Notice. Director. should be received within 60 calendar [FR Doc. 2010–12129 Filed 5–19–10; 8:45 am] days from the date of this publication. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. BILLING CODE 6325–38–P ADDRESSES: Send or deliver comments L. 104–13, May 22, 1995), this notice to—James K. Freiert (Acting), Deputy announces that the Office of Personnel OFFICE OF PERSONNEL Associate Director, Retirement Management (OPM) intends to submit to MANAGEMENT Operations, Retirement and Benefits, the Office of Management and Budget U.S. Office of Personnel Management, (OMB) a request for comments on a [OMB Control No. 3206–0233; Form RI 25– 1900 E Street, NW., Room 3305, 51] revised information collection. This Washington, DC 20415–3500. information collection, ‘‘Designation of Beneficiary: Federal Employees’ Group Proposed Collection; Request for For information regarding Life Insurance,’’ (OMB Control No. Comments on a Revised Information administrative coordination contact: 3206–0136; SF 2823), is used by any Collection: Cyrus S. Benson, Team Leader, Publications Team, RB/RM/ Federal employee or retiree covered by AGENCY: Office of Personnel the Federal Employees’ Group Life Management. Administrative Services, U.S. Office of Personnel Management, 1900 E Street, Insurance Program to instruct the Office ACTION: Notice. of Federal Employees’ Group Life NW., Room 4H28, Washington, DC Insurance how to distribute the SUMMARY: In accordance with the 20415, (202) 606–4808. proceeds of his or her life insurance Paperwork Reduction Act of 1995 (Pub. U.S. Office of Personnel Management. when the statutory order of precedence L. 104–13, May 22, 1995 and 5 CFR part John Berry, does not meet his or her needs. 1320), this notice announces that the Comments are particularly invited on: Office of Personnel Management (OPM) Director. Whether this collection of information intends to submit to the Office of [FR Doc. 2010–12127 Filed 5–19–10; 8:45 am] is necessary for the proper performance Management and Budget (OMB) a BILLING CODE 6325–38–P

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OFFICE OF PERSONNEL Department of Defense DCGS00431 Director of Scheduling to MANAGEMENT DDGS17277 Special Assistant for the Director of Scheduling and Acquisition Technology and Logistics Advance. Effective April 16, 2010. Excepted Service of Defense Legislative Affairs. DCGS00289 Legislative Assistant to the Assistant Secretary for Legislative AGENCY: U.S. Office of Personnel Effective April 15, 2010. and Intergovernmental Affairs. Management (OPM). Department of the Army Effective April 19, 2010. ACTION: Notice. DWGS10098 Special Assistant to the DCGS00317 Deputy Director of Scheduling to the Director of SUMMARY: This gives notice of OPM Assistant Secretary of the Army Scheduling and Advance. Effective decisions granting authority to make (Manpower and Reserve Affairs). April 23, 2010. appointments under Schedules A, B, Effective April 2, 2010. DCGS00433 Director, National Export and C in the excepted service as DWGS10099 Special Assistant to the Initiative to the Under Secretary for required by 5 CFR 213.103. Assistant Secretary of the Army (Acquisition, Logistics and International Trade. Effective April FOR FURTHER INFORMATION CONTACT: Technology). Effective April 5, 2010. 26, 2010. Roland Edwards, Senior Executive DWGS90096 Special Assistant to the DCGS60312 Senior Advisor to the Resource Services, Employee Services, Chief Management Officer to the Chief of Staff to the Under Secretary, 202–606–2246. Under Secretary of the Army. International Trade Administration. SUPPLEMENTARY INFORMATION: Appearing Effective April 14, 2010. Effective April 28, 2010. in the listing below are the individual Department of the Air Force Department of Labor authorities established under Schedules A, B, and C between April 1, 2010 and DFGS60024 Special Assistant to the DLGS60203 Special Assistant to the April 30, 2010. These notices are Assistant Secretary of the Air Force Senior Advisor for Communications published monthly in the Federal (Manpower and Reserve Affairs). and Public Affairs. Effective April 16, Register at http://www.gpoaccess.gov/ Effective April 2, 2010. 2010. fr/. A consolidated listing of all Department of Justice DLGS60114 Special Assistant to the authorities as of June 30 is also Senior Advisor for Communications published each year. The following DJGS00441 Counsel to the Assistant and Public Affairs. Effective April 22, Schedules are not codified in the Code Attorney General Tax Division. 2010. of Federal Regulations. These are Effective April 9, 2010. DLGS60133 Chief of Staff to the DJGS00601 Counsel to the Assistant agency-specific exceptions. Director of the Women’s Bureau. Attorney General. Effective April 19, Effective April 28, 2010. Schedule A 2010. DLGS60221 Speechwriter to the DJGS00605 Chief of Staff, Office of No Schedule A authorities to report Senior Advisor for Communications Justice Programs. Effective April 27, during April 2010. and Public Affairs. Effective April 28, 2010. 2010. Schedule B Department of Homeland Security Department of Health and Human No Schedule B authorities to report DMGS00013 Special Assistant to the Services during April 2010. Deputy Chief of Staff (Policy). DHGS60120 Special Assistant to the Schedule C Effective April 9, 2010. Assistant Secretary for Preparedness DMGS00804 Advisor to the Assistant and Response. Effective April 9, 2010. The following Schedule C Secretary for Intergovernmental DHGS60237 Regional Director, New appointments were approved during Affairs. Effective April 9, 2010. April 2010. York, Region II to the Director of Department of Agriculture Intergovernmental Affairs. Effective Office of Management and Budget DAGS00101 Deputy White House April 9, 2010. BOGS10016 Special Projects Liaison to the White House Liaison. DHGS60238 Regional Director, Boston, Coordinator to the Associate Director, Effective April 1, 2010. Massachusetts, Region I to the Strategic Planning and DAGS60600 Chief of Staff to the Under Director of Intergovernmental Affairs. Communications. Effective April 5, Secretary for Rural Development. Effective April 9, 2010. 2010. Effective April 1, 2010. DHGS60247 Regional Director BOGS10015 Special Assistant to the DAGS60599 Minister Counselor of Philadelphia Region III to the Director Director, Office of Management and Agriculture for Farm and Foreign of Intergovernmental Affairs. Effective Budget. Effective April 15, 2010. Agricultural Services. Effective April April 9, 2010. 14, 2010. DHGS60252 Regional Director, Office of the United States Trade Denver, Colorado, Region VIII to the Representative DAGS50602 Director, Correspondence Management for Administration. Director of Intergovernmental Affairs. TNGS08010 Deputy Assistant United Effective April 19, 2010. Effective April 9, 2010. States Trade Representative for Public DAGS50609 Deputy Director of DHGS60412 Regional Director, San and Media Affairs. Effective April 13, Scheduling to the Director of Francisco, California, Region IX to the 2010. Communications. Effective April 23, Director of Intergovernmental Affairs. 2010. Effective April 9, 2010. Department of State DHGS60627 Confidential Assistant to DSGS70033 Staff Assistant to the Department of Commerce the Administrator, Substance Abuse Director, Policy Planning Staff. DCGS00598 Senior Director for and Mental Health Services Effective April 1, 2010. Management and Performance to the Administration. Effective April 9, DSGS70107 Assistant Chief of Protocol Chief Financial Officer and Assistant 2010. to the Chief of Protocol. Effective Secretary for Administration. DHGS60470 Director of Policy April 29, 2010. Effective April 15, 2010. Coverage (Office of Health Reform) to

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the Principal Deputy Assistant EBGS10003 Speechwriter to the Senior chaired by the Director of the Office of Secretary for Planning and Vice President, Communications. Personnel Management and the Deputy Evaluation. Effective April 22, 2010. Effective April 20, 2010. Director for Management of the Office of DHGS60258 Deputy Director, Office of Management and Budget. Department of Transportation External Affairs to the Director. At its meetings, the Council will Effective April 29, 2010. DTGS60277 Associate Administrator continue its work in promoting for Communications and Legislative Department of Education cooperative and productive Affairs. Effective April 1, 2010. relationships between labor and DBGS00320 Confidential Assistant to DTGS60358 Special Assistant to the management in the executive branch, by the Executive Director of the White Director of Scheduling and Advance. carrying out the responsibilities and House Initiative on Asian Americans Effective April 5, 2010. functions listed in Section 1(b) of the and Pacific Islanders. Effective April DTGS60129 Counselor to the General Executive Order. The meetings are open 1, 2010. Counsel. Effective April 8, 2010. to the public. Please contact the Office DBGS00225 Confidential Assistant to Authority: 5 U.S.C. 3301 and 3302; E.O. of Personnel Management at the address the Press Secretary for Strategic 10577, 3 CFR 1954–1958 Comp., p. 218. shown below if you wish to present Communications. Effective April 8, U.S. Office of Personnel Management. material to the Council at the meeting. 2010. The manner and time prescribed for DBGS00687 Senior Counsel to the John Berry, presentations may be limited, Assistant Secretary for Civil Rights. Director. depending upon the number of parties Effective April 9, 2010. DBGS00254 Deputy Director of the [FR Doc. 2010–12135 Filed 5–19–10; 8:45 am] that express interest in presenting White House Initiative on Asian BILLING CODE 6325–39–P information. Americans and Pacific Islanders. FOR FURTHER INFORMATION CONTACT: Effective April 23, 2010. OFFICE OF PERSONNEL Thomas Wachter, Acting Deputy DBGS00291 Special Assistant to the MANAGEMENT Associate Director for Partnership and Director, Educational Technology. Labor Relations, Office of Personnel Effective April 30, 2010. National Council on Federal Labor- Management, 1900 E Street, NW., Room Securities and Exchange Commission Management Relations Meeting 7H28–E, Washington, DC 20415. Phone (202) 606–2930; Fax (202) 606–2613; or SEOT01090 Chief Operating Officer to AGENCY: Office of Personnel e-mail at [email protected]. the Chairman. Effective April 26, Management. For the National Council. 2010. ACTION: Notice of meeting. SEOT60001 Confidential Assistant to John Berry, the Chairman. Effective April 26, SUMMARY: The National Council on Director. 2010. Federal Labor-Management Relations is [FR Doc. 2010–12171 Filed 5–19–10; 8:45 am] Department of Energy cancelling its June 2, 2010 meeting and BILLING CODE 6325–39–P rescheduling that meeting for June 7, DEGS00805 Special Assistant to the 2010. The meeting will start at 10 a.m. Director, Office of Scheduling and and will be held in Room 1416, U.S. OFFICE OF PERSONNEL Advance. Effective April 9, 2010. Office of Personnel Management, 1900 E MANAGEMENT DEGS00806 Special Assistant to the Street, NW., Washington, DC. The dates Director, Office of Scheduling and for all Council meetings for the Privacy Act of 1974: Update and Advance. Effective April 13, 2010. remainder of 2010 were announced in Amend System of Records DEGS00807 Special Assistant to the the April 30, 2010, Federal Register (75 Under Secretary for Nuclear Security/ AGENCY: U.S. Office of Personnel FR 22871). Interested parties should Management (OPM). Administrator. Effective April 19, consult the Council Web site at http:// 2010. www.lmrcouncil.gov for the latest ACTION: Update and amend system of DEGS00808 Senior Advisor and information on Council activities, records. Director of New Media to the Director, including changes in meeting dates. Office of Public Affairs. Effective SUMMARY: OPM proposes to update and The Council is an advisory body April 19, 2010. amend OPM/Central-9, Personnel composed of representatives of Federal DEGS00809 Congressional Affairs Investigations Records contained in its employee organizations, Federal Specialist to the Director, Office of inventory of record systems subject to management organizations, and senior Congressional Affairs. Effective April the Privacy Act of 1974 (5 U.S.C. 552a), government officials. The Council was 29, 2010. as amended. This action is necessary to established by Executive Order 13522, meet the requirements of the Privacy Small Business Administration entitled, ‘‘Creating Labor-Management Act to publish in the Federal Register Forums to Improve Delivery of SBGS00705 Policy Associate to the notice of the existence and character of Government Services,’’ which was Deputy Assistant Administrator for records maintained by the agency (5 signed by the President on December 9, Policy and Strategic Planning. U.S.C. 552a(e)(4)). Effective April 22, 2010. 2009. Along with its other DATES: SBGS00640 Regional Administrator responsibilities, the Council assists in These changes will become (Region II) to the Associate the implementation of Labor effective without further notice June 29, Administrator for Field Operations. Management Forums throughout the 2010, unless we receive comments that Effective April 30, 2010. Government and makes result in a contrary determination. recommendations to the President on ADDRESSES: Send written comments to Export-Import Bank innovative ways to improve delivery of the Chief for the Freedom of Information EBGS10002 Counselor and Executive services and products to the public and Privacy Act office, Federal Secretary to the President and while cutting costs and advancing Investigative Services, U.S. Office of Chairman. Effective April 1, 2010. employee interests. The Council is co- Personnel Management, 1137 Branchton

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Road, PO Box 618, Boyers, Pennsylvania and Judicial branch establishments as and other information developed from 16018. well as those in the Executive Branch).’’ above. FOR FURTHER INFORMATION CONTACT b. Summaries of personal and third : CATEGORIES OF INDIVIDUALS COVERED BY THE Chief, Freedom of Information and SYSTEM: party interviews conducted during the course of the background investigation. Privacy Act office, Current paragraphs a and c have been [email protected]. merged. Replace current paragraph a c. Correspondence relating to SUPPLEMENTARY INFORMATION: The Office with: adjudication matters and results of of Personnel Management’s (OPM) ‘‘a. Civilian and military applicants suitability decisions in cases system of record notices subject to the and employees or government adjudicated by the OPM, FIS in Privacy Act of 1974 (5 U.S.C. 552a), as contractors, experts, instructors, and accordance with 5 CFR 731. amended, have been published in the consultants to Federal programs who d. Records of personnel background Federal Register. undergo a personnel background investigations conducted by other The specific changes to the record investigation for the purpose of Federal agencies. system being amended are set forth determining suitability for government e. Records of adjudicative and HSPD below. The proposed amendment is employment, contractor employee 12 decisions by other Federal agencies, within the purview of subsection (r) of fitness, eligibility for access to classified including clearance determinations and/ the Privacy Act of 1974 (5 U.S.C. 552a), information, credentialing for HSPD 12, or polygraph results. as amended, which requires the and/or access to a federal facility or Note: This system does not include agency submission of new or altered systems information technology system.’’ records of a personnel investigative nature reports. Due to the deletion of the current that do not come to OPM. paragraph c, current paragraphs d, e, SYSTEM NAME: and f have been re-lettered respectively AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Personnel Investigations Records. to c, d, and e. Delete entry and replace with: Add a new paragraph: SYSTEM LOCATION: ‘‘ ‘‘f. State, Local, Tribal and Private Depending on the purpose of the Delete current paragraph a and Sector partners identified by Federal investigation, Executive Orders 9397, as replace with: sponsors for eligibility to access amended by 13478, 10450, 10577, ‘‘a. Federal Investigative Services classified information in support of 10865, 12968, and 13470; Section 2, (FIS), U.S. Office of Personnel Homeland Defense initiatives.’’ Civil Service Act of 1883; Public Laws Management, PO Box 618, 1137 82–298 and 92–261; Title 5, U.S.C., Branchton Road, Boyers, PA 16018– CATEGORIES OF RECORDS IN THE SYSTEM: sections 1303, 1304, 3301, 7301, and 0618.’’ Delete entry and replace with 9101; Title 22, U.S.C., section 2519; Add a new paragraph: ‘‘a. Applicable records containing the Title 42 U.S.C. sections 1874 (b)(3), ‘‘b. Records may be maintained in following information about the 2165, 2201, and 2455; Title 50 U.S.C. various FIS field offices, including the individual investigated may be section 435b(e); Title 5 CFR sections Personnel Investigations Center, 601 maintained: Name, former names, and 731, 732 and 736; Homeland Security 10th Street, Fort Meade, MD, for limited aliases; date and place of birth; social Presidential Directive 12 (HSPD 12) and periods of time. These records would security number; height; weight; hair OMB Circular No. A–130. In addition to include investigative and administrative and eye color; gender; mother’s maiden the authorities cited, there are various records, including files and duplicate name; current and former home acts of Congress that contain implied records or records which extract addresses, phone numbers, and e-mail authority for OPM to investigate, such information from the main files. This is addresses; employment history; military as laws prohibiting the purchase and necessary to assist field offices in their record information; selective service sale of office, holding of two offices, day to day operations. Investigative registration record; residential history; conspiracy and other prohibited activities conducted by field offices are education and degrees earned; names of practices.’’ reported to FIS headquarters at one or associates and references with their more stages of the background contact information; citizenship; PURPOSE(S): investigation process. Upon completion passport information; criminal history; Current paragraphs a and b have been of activities to include fieldwork, civil court actions; prior security merged. Replace current paragraphs a quality review, and/or adjudicative clearance and investigative information; and b with: ‘‘The records in this system action, documents are returned to FIS mental health history; records related to may be used to provide investigatory headquarters or destroyed in accordance drug and/or alcohol use; financial information for determinations with the published retention schedule.’’ record information; information from concerning whether an individual is Delete the current paragraph b and the Internal Revenue Service pertaining suitable or fit for Government replace with: to income tax returns; credit reports; the employment; eligible for logical and ‘‘c. Decentralized segments: Copies of name, date and place of birth, social physical access to federally controlled these records may exist temporarily in security number, and citizenship facilities and information systems; agencies on current employees, former information for spouse or cohabitant; eligible to hold sensitive positions employees, or on contractor employees. the name and marriage information for (including but not limited to eligibility These copies may be located in the current and former spouse(s); the for access to classified information); fit personnel security office or other citizenship, name, date and place of to perform work for or on behalf of the designated offices responsible for birth, and address for relatives; Government as a contractor employee; making suitability, fitness, security information on foreign contacts and qualified for Government service; clearance, access, HSPD 12 activities; association records; qualified to perform contractual services credentialing decisions, or hiring information on loyalty to the United for the Government; and loyal to the determinations on an individual. States; and other agency reports United States. The system is also used (‘‘Agency’’ as used throughout this furnished to OPM in connection with to document such determinations.’’ system is deemed to include Legislative the background investigation process, Delete current paragraph c.

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Remove paragraph lettering for RETENTION AND DISPOSAL: regulations regarding verification of current paragraphs d and e. All current Replace ‘‘* * * 15 years, plus the identity and access to records (5 CFR language remains unchanged. current year from the date of the most part 297).’’ Add a paragraph: ‘‘The records may be recent investigative activity, except for RECORD ACCESS PROCEDURE: used to help streamline and make more investigations involving potentially efficient the investigations and actionable issue(s) which will be Delete entry and replace with: adjudications processes generally.’’ maintained for 25 years plus the current ‘‘Specific materials in this system have been exempted from Privacy Act ROUTINE USES OF RECORDS MAINTAINED IN THE year from the date of the most recent investigative activity.’’ with ‘‘*** 16 provisions at 5 U.S.C. 552a(c)(3) and (d), SYSTEM, INCLUDING CATEGORIES OF USERS AND regarding accounting of disclosures, and THE PURPOSES OF SUCH USES: years from the date of closing or the date access to and amendment of records. Add: ‘‘In addition to those disclosures of the most recent investigative activity, whichever is later, except for The section of this notice titled Systems generally permitted under 5 U.S.C. Exempted from Certain Provisions of the 552a(b) of the Privacy Act, all or a investigations involving potentially actionable issue(s) which will be Act indicates the kinds of material portion of the records of information exempted and the reasons for exempting contained in this system may be maintained for 25 years from the date of closing or the date of the most recent them from access. disclosed outside OPM as a routine use Individuals wishing to request access pursuant to 5 U.S.C. 552a(b)(3).’’ to the investigative activity.’’ Add a paragraph: ‘‘Digital capture of to their records should contact the OPM beginning of this section. Federal Investigative Services in Add: ‘‘k. For agencies that use fingerprint card set is forwarded to the Federal Bureau of Investigation and the writing. Requests should be directed adjudicative support services of another only to the Federal Investigative agency, at the request of the original card is destroyed when it is verified that the digital copy was accurately captured Services whether the record sought is in agency, the results will be furnished to the primary system or in an agency’s the agency providing the adjudicative and transferred.’’ Remove paragraph lettering for decentralized segment. Individuals must support. furnish the following information for l. To provide criminal history record current paragraphs a and b. All current their records to be located and information to the FBI, to help ensure language remains unchanged. identified: the accuracy and completeness of FBI SYSTEM MANAGER(S) AND ADDRESS: a. Full name, former name, and any and OPM records.’’ to the end of this Delete entry and replace with: other names used. section. ‘‘Associate Director, Federal b. Date and place of birth. POLICIES AND PRACTICE FOR STORING, Investigative Services, U.S. Office of c. Social Security Number. RETRIEVING, ACCESSING, RETAINING AND Personnel Management, PO Box 618, d. Any available information DISPOSING OF RECORDS IN THE SYSTEM: 1137 Branchton Road, Boyers, PA regarding the type of record involved. STORAGE: 16018.’’ e. The address to which the record information should be sent. Delete entry and replace with: NOTIFICATION PROCEDURE: ‘‘Records are maintained in paper format f. You must sign your request. Delete entry and replace with: in file folders, on microfilm, as digital Attorneys or other persons acting on ‘‘Individuals wishing to learn whether images, on computer tapes, and in behalf of an individual must provide this system contains information about electronic databases such as the written authorization from that them should contact the FOI/PA, Office Personnel Investigations Processing individual for the representative to act of Personnel Management, Federal System, the Clearance Verification on their behalf. The written Investigative Services, PO Box 618, 1137 System, and the e-QIP system.’’ authorization must also include an Branchton Road, Boyers, PA 16018– original notarized statement or an RETRIEVABILITY: 0618, in writing. Written requests must unsworn declaration in accordance with Delete entry and replace with: contain the following information: 28 U.S.C. 1746, in the following format: ‘‘Records are retrieved by the name, a. Full name, former name, and any I declare (or certify, verify, or state) Social Security Number, unique case other names used. under penalty of perjury that the serial number and/or other unique b. Date and place of birth. foregoing is true and correct. Executed identifier of the individual on whom c. Social Security Number. on (date). (Signature). they are maintained.’’ d. Any available information Individuals requesting access must regarding the type of record involved. also comply with OPM’s Privacy Act SAFEGUARDS: e. The address to which the record regulations regarding verification of Delete entry and replace with: ‘‘Paper information should be sent. identity and access to records (5 CFR files are stored in a locked filing cabinet f. You must sign your request. part 297).’’ or a secure facility with an intrusion Attorneys or other persons acting on alarm system. Microfilm is secured in a behalf of an individual must provide AMENDMENT PROCEDURES: facility with an intrusion system. written authorization from that Delete entry and replace with: Electronic records are maintained in individual for the representative to act ‘‘Individuals wishing to request computer databases in a limited access on their behalf. The written amendment to their non-exempt records room with a keyless cipher lock. All authorization must also include an should contact the Federal employees are required to have an original notarized statement or an Investigations Processing Center in appropriate background investigation unsworn declaration in accordance with writing. Requests should be directed before they are allowed access to the 28 U.S.C. 1746, in the following format: only to the OPM Federal Investigative records. The U.S. Postal Service and I declare (or certify, verify, or state) Services, whether the record sought is other postal providers are used to under penalty of perjury that the in the primary system or in agency’s transmit hard copy records sent to and foregoing is true and correct. Executed decentralized segment. Individuals must from field offices. Information that is on (date). (Signature). furnish the following information for transmitted electronically from field Individuals requesting access must their records to be located and offices is encrypted.’’ also comply with OPM’s Privacy Act identified:

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a. Full name, former name, and any fact properly classified pursuant to such promise that the identity of the source other names used. Executive order. would be held in confidence.’’ b. Date and place of birth. 2. Investigatory material compiled for Office of Personnel Management. c. Social Security Number. law enforcement purposes, other than John Berry, d. Any available information material within the scope of subsection Director. regarding the type of record involved. (j)(2) of this section: Provided, however, e. The address to which the record that if any individual is denied any [FR Doc. 2010–12132 Filed 5–19–10; 8:45 am] information should be sent. right, privilege, or benefit that he would BILLING CODE 6325–38–P f. You must sign your request. otherwise be entitled by Federal law, or Attorneys or other persons acting on for which he would otherwise be behalf of an individual must provide eligible, as a result of the maintenance SMALL BUSINESS ADMINISTRATION written authorization from that of such material, such material shall be individual for the representative to act provided to such individual, except to [Disaster Declaration # 12172] on their behalf. The written the extent that the disclosure of such authorization must also include an material would reveal the identity of a Florida Disaster # FL–00056 original notarized statement or an source who furnished information to the Declaration of Economic Injury unsworn declaration in accordance with Government under an express promise 28 U.S.C. 1746, in the following format: that the identity of the source would be AGENCY: U.S. Small Business I declare (or certify, verify, or state) held in confidence, or, prior to the Administration. under penalty of perjury that the effective date of this section, under an ACTION: Notice. foregoing is true and correct. Executed implied promise that the identity of the on (date). (Signature). source would be held in confidence. SUMMARY: This is a notice of an Individuals requesting amendment 3. Information maintained in Economic Injury Disaster Loan (EIDL) must also comply with OPM’s Privacy connection with providing protective declaration for the State of Florida, Act regulations regarding verification of services to the President of the United dated 05/13/2010. identity and amendment of records (5 States or other individuals pursuant to Incident: Deepwater BP Oil Spill. CFR part 297). section 3056 of title 18 of the U.S. Code. Incident Period: 04/20/2010 and Note: Where an agency retains the 4. Material that is required by statute continuing. decentralized copy of the investigative report to be maintained and used solely as a DATES: Effective Date: 05/13/2010. provided by OPM, requests for access to or statistical record. EIDL Loan Application Deadline Date: amendment of such reports will be forwarded 5. Investigatory material compiled 02/14/2011. to the OPM Federal Investigative Services for solely for the purpose of determining processing.’’ ADDRESSES: Submit completed loan suitability, eligibility or qualifications applications to: U.S. Small Business for Federal civilian employment and RECORD SOURCE CATEGORIES: Administration, Processing and Federal contact or access to classified Disbursement Center, 14925 Kingsport Replace paragraph a with: information. Materials may be exempted ‘‘ Road, Fort Worth, TX 76155. a. Electronic and paper applications, to the extent that release of the material FOR FURTHER INFORMATION CONTACT: A. personnel and security forms or other to the individual whom the information Escobar, Office of Disaster Assistance, information completed or supplied by is about would reveal the identity of a U.S. Small Business Administration, the individual, and the results of source who furnished information to the ’’ 409 3rd Street, SW., Suite 6050, personal contacts with the individual. Government under an express promise Paragraphs b and c were merged. Washington, DC 20416. that the identity of the source would be Replace current paragraphs b and c held in confidence or, prior to SUPPLEMENTARY INFORMATION: Notice is with: September 27, 1975, furnished hereby given that as a result of the ‘‘b. Investigative and other record information to the Government under an Administrator’s EIDL declaration, material furnished by Federal agencies, implied promise that the identity of the applications for economic injury including notices of personnel actions.’’ source would be held in confidence. disaster loans may be filed at the Add a paragraph: address listed above or other locally ‘‘c. By personal investigation, written 6. Testing and examination materials, compiled during the course of a announced locations. inquiry, or computer linkage from The following areas have been sources such as employers, educational personnel investigation, that are used solely to determine individual determined to be adversely affected by institutions, references, neighbors, the disaster: associates, police departments, courts, qualifications for appointment or promotion in the Federal service, when Primary Counties: Bay, Citrus, Dixie, credit bureaus, medical records, Escambia, Franklin, Gulf, probation officials, prison officials, disclosure of the material would compromise the objectivity or fairness Hernando, Hillsborough, Jefferson, newspapers, magazines, periodicals, Levy, Manatee, Okaloosa, Pasco, and other publications.’’ of the testing or examination process. 7. Evaluation materials, compiled Pinellas, Santa Rosa, Sarasota, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS during the course of a personnel Taylor, Walton. OF THE ACT: investigation, that are used solely to Contiguous Counties: Delete paragraphs a, b, c, d, e, f, and determine potential for promotion in the Florida: Alachua, Calhoun, Charlotte, g and replace with: armed services can be exempted to the Desoto, Gilchrist, Hardee, Holmes, ‘‘1. Properly classified information extent that the disclosure of the data Jackson, Lafayette, Leon, Liberty, subject to the provisions of section would reveal the identity of a source Madison, Marion, Polk, Sumter, 552(b)(1), which states as follows: (A) who furnished information to the Wakulla, Washington. Specifically authorized under criteria Government under an express promise Alabama: Baldwin, Covington, established by an Executive order to be that the identity of the source would be Escambia, Geneva. kept secret in the interest of national held in confidence or, prior to Georgia: Brooks, Thomas. defense or foreign policy and (B) are in September 27, 1975, under an implied The Interest Rates are:

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Percent Clark, Clay, Codington, Day, President’s major disaster declaration on Edmunds, Faulk, Grant, Hamlin, 05/11/2010, applications for disaster Businesses and Small Agricultural Hanson, Hutchinson, Hyde, Jerauld, loans may be filed at the address listed Cooperatives without Credit Kingsbury, Lyman, Marshall, Mccook, above or other locally announced Available Elsewhere: ...... 4.000 Mcpherson, Miner, Roberts, Sanborn, locations. Non-Profit Organizations without Spink, Sully, Turner, Union. The following areas have been Credit Available Elsewhere: ...... 3.000 The Interest Rates are: determined to be adversely affected by the disaster: The number assigned to this disaster for economic injury is 121720. Percent Primary Counties (Physical Damage and Economic Injury Loans): Casey, The States which received an EIDL For Physical Damage: Declaration # are Florida, Alabama, Lewis, Lincoln, Logan, Metcalfe, Non-Profit Organizations With Rockcastle, Rowan, Woodford. Georgia. Credit Available Elsewhere .. 3.625 Non-Profit Organizations With- Contiguous Counties (Economic Injury (Catalog of Federal Domestic Assistance Loans Only): Number 59002) out Credit Available Else- where ...... 3.000 Kentucky: Adair, Anderson, Barren, Dated: May 13, 2010. For Economic Injury: Bath, Boyle, Butler, Carter, Karen G. Mills, Non-Profit Organizations With- Cumberland, Elliott, Fayette, Administrator. out Credit Available Else- Fleming, Franklin, Garrard, Green, [FR Doc. 2010–12072 Filed 5–19–10; 8:45 am] where ...... 3.000 Greenup, Hart, Jackson, Jessamine, BILLING CODE 8025–01–P Laurel, Madison, Marion, Mason, The number assigned to this disaster Menifee, Mercer, Monroe, Morgan, for physical damage is 121816 and for Muhlenberg, Pulaski, Russell, Scott, SMALL BUSINESS ADMINISTRATION economic injury is 121826. Simpson, Taylor, Todd, Warren. Ohio: Adams, Scioto. [Disaster Declaration # 12181 and # 12182] (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Tennessee: Robertson. The Interest Rates are: South Dakota Disaster # SD–00031 James E. Rivera, AGENCY: U.S. Small Business Associate Administrator for Disaster Percent Administration. Assistance. ACTION: Notice. [FR Doc. 2010–12077 Filed 5–19–10; 8:45 am] For Physical Damage: BILLING CODE 8025–01–P Homeowners with Credit SUMMARY: This is a Notice of the Available Elsewhere: ...... 5.500 Presidential declaration of a major Homeowners without Credit disaster for Public Assistance Only for SMALL BUSINESS ADMINISTRATION Available Elsewhere: ...... 2.750 the State of South Dakota (FEMA— Businesses with Credit Avail- [Disaster Declaration # 12168 and # 12169] able Elsewhere: ...... 6.000 1915—DR), dated 05/13/2010. Businesses without Credit Incident: Flooding. Kentucky Disaster # KY–00032 Available Elsewhere: ...... 4.000 Incident Period: 03/10/2010 And Non-Profit Organizations with Continuing. AGENCY: U.S. Small Business Credit Available Elsewhere: 3.625 Administration. DATES: Effective Date: 05/13/2010. Non-Profit Organizations Physical Loan Application Deadline ACTION: Notice. without Credit Available Date: 07/12/2010. Elsewhere: ...... 3.000 Economic Injury (EIDL) Loan SUMMARY: This is a Notice of the For Economic Injury: Businesses & Small Agricul- Application Deadline Date: 02/14/2011. Presidential declaration of a major disaster for the Commonwealth of tural Cooperatives without ADDRESSES: Submit completed loan Kentucky (FEMA—1912—DR), dated Credit Available Elsewhere: 4.000 applications to: U.S. Small Business 05/11/2010. Non-Profit Organizations Administration, Processing And without Credit Available Incident: Severe Storms, Flooding, Elsewhere: ...... 3.000 Disbursement Center, 14925 Kingsport Mudslides, and Tornadoes. Road, Fort Worth, TX 76155. Incident Period: 05/01/2010 and The number assigned to this disaster FOR FURTHER INFORMATION CONTACT: A. continuing. Escobar, Office of Disaster Assistance, for physical damage is 121686 and for U.S. Small Business Administration, DATES: Effective Date: 05/11/2010. economic injury is 121690. 409 3rd Street, SW., Suite 6050, Physical Loan Application Deadline (Catalog of Federal Domestic Assistance Washington, DC 20416. Date: 07/12/2010. Numbers 59002 and 59008) Economic Injury (EIDL) Loan SUPPLEMENTARY INFORMATION: Notice is Application Deadline Date: 02/11/2011. James E. Rivera, hereby given that as a result of the Associate Administrator for Disaster President’s major disaster declaration on ADDRESSES: Submit completed loan applications to: U.S. Small Business Assistance. 05/13/2010, Private Non-Profit [FR Doc. 2010–12082 Filed 5–19–10; 8:45 am] organizations that provide essential Administration, Processing and BILLING CODE 8025–01–P services of governmental nature may file Disbursement Center, 14925 Kingsport disaster loan applications at the address Road, Fort Worth, TX 76155. listed above or other locally announced FOR FURTHER INFORMATION CONTACT: A. SMALL BUSINESS ADMINISTRATION locations. Escobar, Office of Disaster Assistance, The following areas have been U.S. Small Business Administration, [Disaster Declaration #12170 and #12171] determined to be adversely affected by 409 3rd Street, SW., Suite 6050, Kentucky Disaster #KY–00033 the disaster: Washington, DC 20416. Primary Counties: Aurora, Beadle, SUPPLEMENTARY INFORMATION: Notice is AGENCY: U.S. Small Business Brown, Brule, Buffalo, Charles Mix, hereby given that as a result of the Administration.

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ACTION: Notice. SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) SUMMARY: This is a Notice of the [Disaster Declaration # 12179 and # 12180] James E. Rivera, Presidential declaration of a major Associate Administrator for Disaster disaster for Public Assistance Only for South Dakota Disaster # SD–00030 Assistance. the Commonwealth of Kentucky [FR Doc. 2010–12080 Filed 5–19–10; 8:45 am] (FEMA–1912–DR), dated 05/11/2010. AGENCY: U.S. Small Business BILLING CODE 8025–01–P Incident: Severe Storms, Flooding, Administration. Mudslides, and Tornadoes. ACTION: Notice. Incident Period: 05/01/2010 and SMALL BUSINESS ADMINISTRATION continuing.. SUMMARY: This is a Notice of the [Disaster Declaration # 12177 and Presidential declaration of a major Effective Date: 05/11/2010. # 12178] disaster for Public Assistance Only for Physical Loan Application Deadline the State of South Dakota (FEMA–1914– Date: 07/12/2010. New Hampshire Disaster # NH–00017 DR), dated 05/13/2010. Economic Injury (EIDL) Loan Incident: Severe Winter Storm. AGENCY: U.S. Small Business Application Deadline Date: 02/11/2011. Administration. Incident Period: 04/02/2010. ADDRESSES: Submit completed loan ACTION: Notice. applications to: U.S. Small Business DATES: Effective Date: 05/13/2010. Administration, Processing And Physical Loan Application Deadline SUMMARY: This is a Notice of the Disbursement Center, 14925 Kingsport Date: 07/12/2010. Presidential declaration of a major Road, Fort Worth, TX 76155. disaster for Public Assistance Only for Economic Injury (EIDL) Loan the State of New Hampshire (FEMA– FOR FURTHER INFORMATION CONTACT: A. Application Deadline Date: 02/14/2011. 1913–DR), dated 05/12/2010. Escobar, Office of Disaster Assistance, ADDRESSES: Submit completed loan Incident: Severe Storms And U.S. Small Business Administration, applications to: U.S. Small Business Flooding. 409 3rd Street, SW., Suite 6050, Administration, Processing and Incident Period: 03/14/2010 through Washington, DC 20416. Disbursement Center, 14925 Kingsport 03/31/2010. SUPPLEMENTARY INFORMATION: Notice is Road, Fort Worth, TX 76155. DATES: Effective Date: 05/12/2010. hereby given that as a result of the FOR FURTHER INFORMATION CONTACT: A. Physical Loan Application Deadline President’s major disaster declaration on Escobar, Office of Disaster Assistance, Date: 07/12/2010. 05/11/2010, Private Non-Profit U.S. Small Business Administration, Economic Injury (EIDL) Loan organizations that provide essential 409 3rd Street, SW., Suite 6050, Application Deadline Date: 02/14/2011. services of governmental nature may file Washington, DC 20416. ADDRESSES: Submit completed loan disaster loan applications at the address applications to: U.S. Small Business listed above or other locally announced SUPPLEMENTARY INFORMATION: Notice is Administration, Processing And locations. hereby given that as a result of the Disbursement Center, 14925 Kingsport President’s major disaster declaration on The following areas have been Road, Fort Worth, TX 76155. determined to be adversely affected by 05/13/2010, Private Non-Profit FOR FURTHER INFORMATION CONTACT: A. the disaster: organizations that provide essential services of governmental nature may file Escobar, Office of Disaster Assistance, Primary Counties: Allen, Hart, Lewis, disaster loan applications at the address U.S. Small Business Administration, Logan, Metcalfe, Monroe, listed above or other locally announced 409 3rd Street, SW., Suite 6050, Rockcastle. locations. Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is The Interest Rates are: The following areas have been determined to be adversely affected by hereby given that as a result of the Percent the disaster: President’s major disaster declaration on 05/12/2010, Private Non-Profit For Physical Damage: Primary Counties: Corson, Perkins, organizations that provide essential Non-Profit Organizations With Ziebach. services of governmental nature may file Credit Available Elsewhere ..... 3.625 disaster loan applications at the address The Interest Rates are: Non-Profit Organizations Without listed above or other locally announced Credit Available Elsewhere ..... 3.000 locations. For Economic Injury: Percent Non-Profit Organizations Without The following areas have been Credit Available Elsewhere ..... 3.000 For Physical Damage: determined to be adversely affected by Non-Profit Organizations With the disaster: Credit Available Elsewhere 3.625 Primary County: Rockingham. The number assigned to this disaster Non-Profit Organizations for physical damage is 121706 and for Without Credit Available The Interest Rates are: economic injury is 121716. Elsewhere ...... 3.000 Percent (Catalog of Federal Domestic Assistance For Economic Injury: Numbers 59002 and 59008) Non-Profit Organizations Without Credit Available For Physical Damage: James E. Rivera, Elsewhere ...... 3.000 Non-Profit Organizations With Credit Available Elsewhere .. 3.625 Associate Administrator for Disaster Non-Profit Organizations With- Assistance. The number assigned to this disaster out Credit Available Else- [FR Doc. 2010–12083 Filed 5–19–10; 8:45 am] for physical damage is 12179B and for where ...... 3.000 BILLING CODE 8025–01–P economic injury is 12180B. For Economic Injury:

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Percent The Interest Rates are: Florida: Escambia. Mississippi: George, Greene, Jackson. Non-Profit Organizations With- Percent out Credit Available Else- The Interest Rates are: where ...... 3.000 Businesses and Small Agricultural Cooperatives Without Credit Percent The number assigned to this disaster Available Elsewhere ...... 4.000 for physical damage is 12177B and for Non-Profit Organizations Without Businesses and Small Agricultural Credit Available Elsewhere ...... 3.000 economic injury is 12178B. Cooperatives without Credit Available Elsewhere ...... 4.000 (Catalog of Federal Domestic Assistance The number assigned to this disaster Non-Profit Organizations without Numbers 59002 and 59008) for economic injury is 121730 Credit Available Elsewhere ...... 3.000 James E. Rivera, The States which received an EIDL Associate Administrator for Disaster Declaration # are Mississippi, Alabama, The number assigned to this disaster Assistance. Louisiana. for economic injury is 121740. [FR Doc. 2010–12076 Filed 5–19–10; 8:45 am] (Catalog of Federal Domestic Assistance The States which received an EIDL BILLING CODE 8025–01–P Number 59002) Declaration # are Alabama, Florida, Dated: May 13, 2010. Mississippi. Karen G. Mills, (Catalog of Federal Domestic Assistance SMALL BUSINESS ADMINISTRATION Administrator. Number 59002) [Disaster Declaration #12173] [FR Doc. 2010–12073 Filed 5–19–10; 8:45 am] May 13, 2010. BILLING CODE 8025–01–P Karen G. Mills, Mississippi Disaster #MS–00038 Declaration of Economic Injury Administrator. [FR Doc. 2010–12074 Filed 5–19–10; 8:45 am] SMALL BUSINESS ADMINISTRATION AGENCY: U.S. Small Business BILLING CODE 8025–01–P Administration. [Disaster Declaration #12174] ACTION: Notice. Alabama Disaster #AL–00032 SUMMARY: This is a notice of an Declaration of Economic Injury SECURITIES AND EXCHANGE Economic Injury Disaster Loan (EIDL) COMMISSION AGENCY: U.S. Small Business declaration for the State of Mississippi, Administration. dated 05/13/2010. Sunshine Act Meeting Incident: Deepwater BP Oil Spill. ACTION: Notice. Notice is hereby given, pursuant to Incident Period: 04/20/2010 and SUMMARY: This is a notice of an continuing. the provisions of the Government in the Economic Injury Disaster Loan (EIDL) Sunshine Act, Public Law 94–409, that DATES: Effective Date: 05/13/2010. declaration for the State of Alabama, the Joint CFTC–SEC Advisory EIDL Loan Application Deadline Date: dated 05/13/2010. Committee on Emerging Regulatory 02/14/2011. Incident: Deepwater BP Oil Spill. Issues (see also Pub. L. 111–117, Section ADDRESSES: Submit completed loan Incident Period: 04/20/2010 and 621) will hold an Open Meeting on applications to: U.S. Small Business continuing. Monday, May 24, 2010, in the Administration, Processing and DATES: Effective Date: 05/13/2010. Auditorium, L–002. Disbursement Center, 14925 Kingsport EIDL Loan Application Deadline Date: The meeting will begin at 9 a.m. and Road, Fort Worth, TX 76155. 02/14/2011. will be open to the public, with seating FOR FURTHER INFORMATION CONTACT: A. ADDRESSES: Submit completed loan on a first-come, first-served basis. Doors Escobar, Office of Disaster Assistance, applications to: U.S. Small Business will open at 8:30 a.m. Visitors will be U.S. Small Business Administration, Administration, Processing and subject to security checks. This 409 3rd Street, SW., Suite 6050, Disbursement Center, 14925 Kingsport Sunshine Act notice is being issued Washington, DC 20416. Road, Fort Worth, TX 76155. because a majority of the Commission SUPPLEMENTARY INFORMATION: Notice is FOR FURTHER INFORMATION CONTACT: A. may attend the meeting. hereby given that as a result of the Escobar, Office of Disaster Assistance, The agenda for the meeting includes: Administrator’s EIDL declaration, U.S. Small Business Administration, (i) Opening remarks; (ii) the applications for economic injury 409 3rd Street, SW., Suite 6050, introduction of Committee members, disaster loans may be filed at the Washington, DC 20416. (iii) discussion of Committee agenda address listed above or other locally SUPPLEMENTARY INFORMATION: Notice is and organization; (iv) discussion of the announced locations. hereby given that as a result of the Joint CFTC–SEC report on the market The following areas have been Administrator’s EIDL declaration, events of May 6, 2010; and (v) determined to be adversely affected by applications for economic injury discussion of next steps and closing the disaster: disaster loans may be filed at the comments. Primary Counties: George, Hancock, address listed above or other locally For further information, please Harrison, Jackson, Pearl River, announced locations. contact the Office of the Secretary at Stone. The following areas have been (202) 551–5400. Contiguous Counties and Parishes: determined to be adversely affected by Mississippi: Forrest, Greene, Lamar, the disaster: Dated: May 17, 2010. Marion, Perry. Primary Counties: Baldwin, Mobile. Florence E. Harmon, Alabama: Mobile. Contiguous Counties: Deputy Secretary. Louisiana: Saint Tammany, Alabama: Clarke, Escambia, Monroe, [FR Doc. 2010–12228 Filed 5–18–10; 4:15 pm] Washington. Washington. BILLING CODE 8011–01–P

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Reference Asset.5 In addition, the COMMISSION Statement of the Purpose of, and issuing company is obligated to issue or Statutory Basis for, the Proposed Rule repurchase the securities in aggregation [Release No. 34–62101; File No. SR–ISE– Change units for cash or cash equivalents satisfactory to the issuer of Index- 2010–40] 1. Purpose Linked Securities which underlie the Self-Regulatory Organizations; ISE Rule 502(k) designates the listing option as described in the Index-Linked International Securities Exchange, and trading of options on equity index- Securities prospectus. LLC; Notice of Filing and Immediate linked securities (‘‘Equity Index-Linked Options on Index-Linked Securities Effectiveness of Proposed Rule Securities’’), commodity-linked will continue to be subject to all Change To Amend ISE Rule 502(k) securities (‘‘Commodity-Linked Exchange rules governing the trading of Securities’’), currency-linked securities equity options. The current continuing May 13, 2010. (‘‘Currency-Linked Securities’’), fixed or maintenance listing standards for Pursuant to Section 19(b)(1) of the income index-linked securities (‘‘Fixed options traded on ISE will continue to Securities Exchange Act of 1934 (the Income Index-Linked Securities’’), apply. 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, futures-linked securities (‘‘Futures- The VIX notice is hereby given that on May 3, Linked Securities’’) and multifactor 2010, the International Securities index-linked securities (‘‘Multifactor The information in this filing relating Exchange, LLC (the ‘‘Exchange’’ or the Index-Linked Securities’’), collectively to the VIX was taken from the Web site ‘‘ISE’’) filed with the Securities and known as ‘‘Index-Linked Securities’’ that of the Chicago Board Options Exchange ‘‘ ’’ Exchange Commission (‘‘Commission’’) are principally traded on a national (the CBOE ). The VIX was originally developed by the proposed rule change as described securities exchange and an ‘‘NMS Stock’’ the CBOE in 1993 and was calculated in Items I and II below, which items (as defined in Rule 600 of Regulation using S&P 100® Index options. The have been prepared by the Exchange. NMS under the Securities and Exchange current methodology for the VIX was The Exchange has filed the proposal as Act of 1934). The Exchange proposes to introduced by the CBOE in September a ‘‘non-controversial’’ proposed rule amend the definition of Futures-Linked 2003 and it is now an index that uses change pursuant to Section Securities for the trading of options on the quotes of certain S&P 500® Index 19(b)(3)(A)(iii) of the Act 3 and Rule Index-Linked Securities to include (‘‘SPX’’) option series to derive a 19b–4(f)(6) thereunder.4 The products linked to CBOE Volatility measure of the volatility of the U.S. Commission is publishing this notice to Index (‘‘VIX’’) Futures. Specifically, the equity market. The VIX measures solicit comments on the proposed rule Exchange proposes to add the VIX market expectations of near term change from interested persons. Futures to the definition of a Futures volatility conveyed by the prices of Reference Asset in ISE Rule 502(k)(1)(v). I. Self-Regulatory Organization’s options on the SPX. It provides Statement of the Terms of Substance of Index-Linked Securities are designed investors with up-to-the-minute market the Proposed Rule Change for investors who desire to participate in estimates of expected stock market a specific market segment by providing volatility over the next 30 calendar days The Exchange proposes to revise ISE exposure to one or more identifiable by extracting implied volatilities from Rule 502(k) to amend the definition of underlying securities, commodities, real-time index option bid/ask quotes. Futures-Linked Securities for the currencies, derivative instruments or trading of options on Index-Linked market indexes of the foregoing VIX Futures Securities. The text of the proposed rule (‘‘Underlying Index’’ or ‘‘Underlying Information regarding VIX Futures change is available on the Exchange’s Indexes’’). Index-Linked Securities are can be found on the Web site of the Web site http://www.ise.com, at the the non-convertible debt of an issuer CBOE Futures Exchange (the ‘‘CFE’’). principal office of the Exchange, and at that have a term of at least one (1) year The CFE began listing and trading VIX the Commission’s Public Reference but not greater than thirty (30) years. Futures since March 26, 2004 under the Room. Despite the fact that Index-Linked ticker symbol VX. VIX Futures trade II. Self-Regulatory Organization’s Securities are linked to an underlying between the hours of 8:30 a.m.–3:15 Statement of the Purpose of, and index, each trade as a single, exchange- p.m. Central Time (Chicago Time). listed security. Accordingly, rules Statutory Basis for, the Proposed Rule 2. Statutory Basis Change pertaining to the listing and trading of standard equity options apply to Index- The basis under the Securities In its filing with the Commission, the Linked Securities. Exchange Act of 1934 (‘‘Exchange Act’’) for this proposed rule change is the Exchange included statements Currently, the Exchange will consider requirement under Section 6(b)(5) that concerning the purpose of, and basis for, listing and trading options on Index- an exchange have rules that are the proposed rule change and discussed Linked Securities provided the Index- designed to promote just and equitable any comments it received on the Linked Securities meet the criteria for principles of trade, and to remove proposed rule change. The text of these underlying securities set forth in ISE impediments to and perfect the statements may be examined at the Rule 502(a)–(b) or the criteria set forth mechanism for a free and open market places specified in Item IV below. The in ISE Rule 502(k)(3)(ii). self-regulatory organization has and a national market system, and in prepared summaries, set forth in Index-Linked Securities must meet general, to protect investors and the Sections A, B, and C below, of the most the criteria and guidelines for public interest. In particular, the significant aspects of such statements. underlying securities set forth in ISE Rule 502(b); or the Index-Linked 5 For the purposes of Rule 502(k), Equity Securities must be redeemable at the Reference Assets, Commodity Reference Assets, 1 15 U.S.C. 78s(b)(1). option of the holder at least on a weekly Currency Reference Assets, Fixed Income Reference 2 17 CFR 240.19b–4. Assets, Futures Reference Assets and Multifactor 3 15 U.S.C. 78s(b)(3)(A)(iii). basis through the issuer at a price Reference Assets, will be collectively referred to as 4 17 CFR 240.19b–4(f)(6). related to the applicable underlying ‘‘Reference Assets.’’ See Rule 502(k)(2).

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Exchange believes that the proposed present any novel regulatory issues. available for Web site viewing and rules applicable to trading pursuant to Therefore, the Commission designates printing in the Commission’s Public generic listing and trading criteria, the proposal operative upon filing to Reference Room, 100 F Street, NE., together with the Exchange’s enable the Exchange to list and trade Washington, DC 20549, on official surveillance procedures applicable to options on index-linked securities business days between the hours of 10 trading in the securities covered by the without delay.9 a.m. and 3 p.m. Copies of such filing proposed rules, serve to foster investor At any time within 60 days of the also will be available for inspection and protection. filing of the proposed rule change, the copying at the principal office of the Commission may summarily abrogate Exchange. All comments received will B. Self-Regulatory Organization’s such rule change if it appears to the be posted without change; the Statement on Burden on Competition Commission that such action is Commission does not edit personal The proposed rule change does necessary or appropriate in the public identifying information from impose any burden on competition that interest, for the protection of investors, submissions. You should submit only is not necessary or appropriate in or otherwise in the furtherance of the information that you wish to make furtherance of the purposes of the Act. purposes of the Act. available publicly. All submissions should refer to File Number SR–ISE– C. Self-Regulatory Organization’s IV. Solicitation of Comments 2010–40 and should be submitted on or Statement on Comments on the Interested persons are invited to before June 10, 2010. Proposed Rule Change Received From submit written data, views, and Members, Participants, or Others For the Commission, by the Division of arguments concerning the foregoing, Trading and Markets, pursuant to delegated The Exchange has not solicited, and including whether the proposed rule authority.10 does not intend to solicit, comments on change is consistent with the Act. Florence E. Harmon, this proposed rule change. The Comments may be submitted by any of Deputy Secretary. Exchange has not received any the following methods: [FR Doc. 2010–12068 Filed 5–19–10; 8:45 am] unsolicited written comments from Electronic Comments BILLING CODE 8010–01–P members or other interested parties. • Use the Commission’s Internet III. Date of Effectiveness of the comment form (http://www.sec.gov/ Proposed Rule Change and Timing for rules/sro.shtml); or DEPARTMENT OF TRANSPORTATION Commission Action • Send an e-mail to rule- Surface Transportation Board Because the foregoing proposed rule [email protected]. Please include File change does not: (i) Significantly affect Number SR–ISE–2010–40 on the subject [Docket No. AB 55 (Sub-No. 701X)] the protection of investors or the public line. CSX Transportation, Inc.— interest; (ii) impose any significant Paper Comments Abandonment Exemption—in Vigo burden on competition; and (iii) become • County, IN operative for 30 days after the date of Send paper comments in triplicate filing (or such shorter time as the to Elizabeth M. Murphy, Secretary, On April 30, 2010, CSX Commission may designate if consistent Securities and Exchange Commission, Transportation, Inc. (CSXT) filed with with the protection of investors and the 100 F Street, NE., Washington, DC the Surface Transportation Board public interest), the proposed rule 20549–1090. (Board) a petition under 49 U.S.C. 10502 change has become effective pursuant to All submissions should refer to File for exemption from the provisions of 49 Section 19(b)(3)(A) of the Act 6 and Number SR–ISE–2010–40. This file U.S.C. 10903 to abandon a 3.71-mile rail subparagraph (f)(6) of Rule 19b–4 number should be included on the line on its Southern Region, Nashville thereunder.7 subject line if e-mail is used. To help the Division, CE&D Subdivision, between The Exchange has requested that the Commission process and review your milepost QST 1.42 (Park Street) and Commission waive the 30-day operative comments more efficiently, please use milepost QST 5.13 (Spring Hill), in delay and designate the proposed rule only one method. The Commission will Terre Haute (City), Vigo County change as operative upon filing. The post all comments on the Commission’s (County), Ind.1 The line contains the Commission believes that waiving the Internet Web site (http://www.sec.gov/ International Paper Lead and portions of 30-day operative delay is consistent rules/sro.shtml). Copies of the the Graham Grain Lead and the 1st with the protection of investors and the submission, all subsequent Street Lead. The line traverses United public interest. The proposed rule amendments, all written statements States Postal Service Zip Code 47802 change is substantially similar to those with respect to the proposed rule and includes no stations. of other options exchanges that have change that are filed with the The line does not contain federally been previously approved by the Commission, and all written granted rights-of-way. Any Commission 8 and does not appear to communications relating to the documentation in CSXT’s possession proposed rule change between the will be made available promptly to 6 15 U.S.C. 78s(b)(3)(A). Commission and any person, other than those requesting it. 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– those that may be withheld from the 4(f)(6)(iii) requires a self-regulatory organization to public in accordance with the 10 17 CFR 200.30–3(a)(12). provide the Commission with written notice of its provisions of 5 U.S.C. 552, will be 1 CSXT states that once abandonment authority intent to file the proposed rule change, along with has been approved, it intends to reclassify 1.35 a brief description and text of the proposed rule miles of trackage between milepost QST 1.42 and change, at least five business days prior to the date NYSEAmex–2009–59); and 60857 (October 21, milepost QST 2.77 (Helen Avenue) to excepted of filing of the proposed rule change, or such 2009), 74 FR 55611 (October 28, 2009) (SR–CBOE– track. Also, CSXT states that it has received shorter time as designated by the Commission. The 2009–74). expressions of interest from the City and County Exchange has fulfilled this requirement. 9 For purposes only of waiving the operative about converting the remaining 2.36 miles of 8 See Securities Exchange Act Release Nos. 60822 delay of this proposal, the Commission has trackage between mileposts 2.77 and 5.13 into a (October 14, 2009), 74 FR 54114 (October 21, 2009) considered the proposed rule’s impact on trail. CSXT adds that, if a request for interim trail (SR–NYSEArca–2009–77); 60823 (October 14, efficiency, competition, and capital formation. See use/rail banking is filed, it plans to agree to 2009), 74 FR 54112 (October 21, 2009) (SR– 15 U.S.C. 78c(f). negotiate.

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The interest of railroad employees deadline for submission of comments on West Building Ground Floor, Room will be protected by the conditions set the EA generally will be within 30 days W12–140, 1200 New Jersey Avenue, SE., forth in Oregon Short Line Railroad and of its service. Washington, DC 20590, between 9 a.m. The Union Pacific Railroad Company— Board decisions and notices are and 5 p.m., Monday through Friday, Abandonment Portion Goshen Branch available on our Web site at: http:// except Federal holidays; or Between Firth and Ammon, In Bingham www.stb.dot.gov. • Electronically through the Federal and Bonneville Counties, Idaho, 360 Decided: May 14, 2010. eRulemaking Portal, http:// I.C.C. 91 (1979). By the Board, Joseph H. Dettmar, Acting www.regulations.gov. Follow the online By issuance of this notice, the Board Director, Office of Proceedings. instructions for submitting comments. is instituting an exemption proceeding Kulunie L. Cannon, Instructions: All submissions must pursuant to 49 U.S.C. 10502(b). A final Clearance Clerk. include the agency name, docket name decision will be issued on or before [FR Doc. 2010–12067 Filed 5–19–10; 8:45 am] and docket number or Regulatory August 18, 2010. Identification Number (‘‘RIN’’) for this BILLING CODE 4915–01–P Any offer of financial assistance rulemaking. Note that all comments (OFA) under 49 CFR 1152.27(b)(2) will received will be posted without change be due no later than 10 days after DEPARTMENT OF TRANSPORTATION to http://www.regulations.gov, including service of a decision granting the any personal information provided. petition for exemption. Each OFA must Federal Railroad Administration Please see the Privacy Act section of this be accompanied by a $1,500 filing fee. document. See 49 CFR 1002.2(f)(25). Notice of Buy America Waiver Request Docket: For access to the docket to All interested persons should be by Oregon Department of read background documents or aware that, following abandonment of Transportation for Steel Roof Tiles To comments received, go to http:// rail service and salvage of the line, the Be Used in Union Station Roof www.regulations.gov at any time or to line may be suitable for other public Rehabilitation U.S. Department of Transportation, use, including interim trail use. Any Docket Operations, M–30, West request for a public use condition under AGENCY: Federal Railroad Building Ground Floor, Room W12–140, 49 CFR 1152.28 or for trail use/rail Administration (FRA), United States 1200 New Jersey Avenue, SE., banking under 49 CFR 1152.29 will be Department of Transportation (DOT). Washington, DC, between 9 a.m. and 5 due no later than June 9, 2010. Each ACTION: Notice of Buy America waiver p.m., Monday through Friday, except trail use request must be accompanied request and request for comment. Federal holidays. by a $250 filing fee. See 49 CFR SUMMARY: For Further Information Contact: For 1002.2(f)(27). The FRA is issuing this notice All filings in response to this notice to advise the public that the Oregon questions about this notice, please must refer to Docket No. AB 55 (Sub-No. Department of Transportation (‘‘ODOT’’) contact Mr. Chris Van Nostrand, 701X) and must be sent to: (1) Surface has requested a waiver from the Buy Attorney-Advisor, FRA Office of Chief Transportation Board, 395 E Street, SW., America requirements of the Passenger Counsel, (202) 493–6058 or via e-mail at Washington, DC 20423–0001; and (2) Rail Investment and Improvement Act [email protected]. Louis E. Gitomer, 600 Baltimore Ave., of 2008 (‘‘PRIIA’’) (49 U.S.C. 24405(a)) SUPPLEMENTARY INFORMATION: Suite 301, Towson, MD 21204, and for the purchase of metal roof tiles made The Recovery Act requires the FRA to Steven Armbrust, 500 Water St., of 40/45 KSI #2, 24 Gauge (0.0276’’) apply the Buy America provisions Jacksonville, FL 32202. Replies to the Galvanized ‘‘Non-Fluting’’ Steel Stock contained in PRIIA, at 49 U.S.C. petition are due on or before June 9, with Kynar PPG 5LR82411 or L/G 24405(a), to grants obligated with 2010. Rodda Red II Paint finish color. ODOT Recovery Act funds. PRIIA section Persons seeking further information is seeking a waiver in order to complete 24405(a)(1) authorizes the Secretary of concerning abandonment procedures the rehabilitation of the historic Union Transportation (‘‘Secretary’’) to obligate may contact the Board’s Office of Public Station roof in Portland, Oregon as one grant funds only if the steel, iron, and Assistance, Governmental Affairs and component of a project funded by FRA manufactured goods used in the project Compliance at (202) 245–0238 or refer under the American Recovery and are produced in the United States. to the full abandonment or Reinvestment Act of 2009 (‘‘Recovery However, PRIIA section 24405(a)(2) also discontinuance regulations at 49 CFR Act’’). The purpose of this notice is to permits the Secretary to waive the Buy part 1152. Questions concerning seek public comment on whether the America requirements if he finds that; environmental issues may be directed to FRA should grant a waiver to its Buy (A) applying paragraph (1) would be the Board’s Section of Environmental America requirements in 49 U.S.C. inconsistent with the public interest; (B) Analysis (SEA) at (202) 245–0305. 24405(a). the steel, iron, and goods manufactured [Assistance for the hearing impaired is DATES: Written Comments: Written in the United States are not produced in available through the Federal comments must be received by June 3, sufficient and reasonably available Information Relay Service (FIRS) at 2010. amount or are not of a satisfactory 1–800–877–8339.] ADDRESSES: You may submit comments quality; (C) rolling stock or power train An environmental assessment (EA) (or identified by the docket number FRA– equipment cannot be bought or environmental impact statement (EIS), if 2010–0085 by any one of the following delivered to the United States within a necessary) prepared by SEA will be methods: reasonable time; or (D) including served upon all parties of record and • Fax: 1–202–493–2251; domestic material will increase the cost upon any agencies or other persons who • Mail: U.S. Department of of the overall project by more than 25 commented during its presentation. Transportation, Docket Operations, M– percent. Other interested persons may contact 30, West Building Ground Floor, Room If the Secretary determines that it is SEA to obtain a copy of the EA (or EIS). W12–140, 1200 New Jersey Avenue, SE., necessary to waive the Buy American EAs in these abandonment proceedings Washington, DC 20590; provisions, PRIIA section 24405(a)(4) normally will be made available within • Hand Delivery: U.S. Department of requires that the Secretary provide 60 days of the filing of the petition. The Transportation, Docket Operations, public notice of such a finding and

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provide an opportunity for comment. In section 130 of the Consolidated Judicial Review of Actions by FHWA addition, PRIIA requires a detailed Appropriations Act of 2008 (Pub. L. and Other Federal Agencies. written justification for the decision be 110–161), FHWA published a notice of published in the Federal Register. This intent to issue a waiver on its Web site SUMMARY: This notice announces the notice informs the public that ODOT for the roof tiles (available at http:// availability of a Record of Decision by has requested a Buy America waiver for www.fhwa.dot.gov/construction/ FHWA pursuant to the requirements of the roofing tiles and requests public contracts/waivers.cfm?id=39). FHWA the National Environmental Protection comment on the potential waiver. posted its request for comments on its Policy Act of 1969 (NEPA), 42 U.S.C. ODOT has requested the waiver Web site on October 22, 2009 and 4321, as amended and the Council on pursuant to 49 U.S.C. 24405(a)(2)(B) sought public comment for a period of Environmental Quality Regulations (40 because it believes that for the reasons fifteen days while it considered the CFR Parts 1500–1508). In addition, this Notice announces actions taken by set forth in this notice below the waiver request. After determining the FHWA and other Federal agencies that manufactured goods, the metal roofing Buy America waiver was appropriate, are final within the meaning of 23 tiles, are not reasonably available in the FHWA published a Notice of Finding in U.S.C. 139(1)(1). These actions relate to United States and that therefore a the Federal Register on December 4, proposed improvements to US–31, M– waiver is warranted. 2009 and invited comment for an 104, and construction of a new M–231 In its Buy America waiver request to additional fifteen days (74 FR 63316, route in Ottawa County, Michigan. the FRA, ODOT distinguishes between Dec. 4, 2009). According to its Notice, These actions grant approvals for the ‘‘field’’ tiles which are used for the FHWA did not receive any substantive project. majority of the roof rehabilitation and comments that led it to believe that the ‘‘specialty’’ tiles which are used for the roof tiles made of 40/45 KSI #2, 24 DATES: By this notice, the FHWA is ridge, hip and valley area of the roof. Gauge (0.0276’’) Galvanized ‘‘Non- advising the public of final agency ODOT states that after researching Fluting’’ Steel Stock with Kynar PPG actions subject to 23 U.S.C. 771 and 23 potential manufacturers of the roof tiles 5LR82411 or L/G Rodda Red II Paint U.S.C. 139(1)(1). A claim seeking it found only two companies in North Finish Color are available from a judicial review of the Federal Agency America capable of manufacturing the domestic source. Furthermore, FHWA actions on the highway project will be tiles necessary to complete this project. conducted its own nationwide review to barred unless the claim is filed on or Furthermore, the one American firm locate potential domestic manufacturers before November 16, 2010 (180 days ODOT identified, W.F. Norman, stated it for the roof tiles but did not uncover any from May 20, 2010). If the Federal law might be a good source for the specialty additional domestic sources of the field that authorizes that judicial review of a tiles but turned down the request to tiles. After considering ODOT’s waiver claim provides a time period of less manufacture the field tiles. The other request and its own internal review of than 180 days for filing such claim, then firm capable and willing to produce the potential tile manufacturers, FHWA that shorter time period still applies. field tiles is Heather & Little Limited concluded that ‘‘[b]ased on all of the FOR FURTHER INFORMATION CONTACT: Mr. located in Ontario, Canada. ODOT has information available to the agency, the David Williams, Environmental Program also explored the possibility of custom FHWA concludes that there are no Manager, Federal Highway fabricating the tiles. However, ODOT domestic manufacturers of the roof tiles’’ Administration Michigan Division, 315 found that custom fabrication would and that the Buy America waiver was West Allegan Street, Room 201, Lansing, cost upwards of $1.5 million whereas appropriate based on non-availability. MI 48933; phone: (517) 702–1820, Fax: the cost of purchasing the manufactured (517) 377–1804; and e-mail: tiles would be approximately $1 With this information in mind and in order to completely understand the facts [email protected]. Ms. Ruth million. Hepfer, Area Engineer, Federal Highway While this $500,000 price disparity surrounding ODOT’s request, FRA seeks comment from all interested parties Administration Michigan Division, 315 does not trigger the PRIIA section West Allegan Street, Room 201, Lansing, 24405(a)(2)(D) waiver for instances regarding the availability of MI 48933; phone: (517) 702–1847, Fax: where procuring domestic material domestically manufactured field tiles of (517) 377–1844; E-mail: would increase the cost of the overall the materials described above and the [email protected]. project by more than 25 percent, it does potential Buy America waiver. SUPPLEMENTARY INFORMATION: Notice is represent a substantial increase in Issued in Washington, DC on May 17, hereby given that the FHWA and other project cost. In addition, custom 2010. fabrication does not equate to Federal agencies have taken final agency Paul Nissenbaum, ‘‘reasonably available’’ manufactured actions by issuing approvals for the goods as ODOT would have to specially Director, Office of Passenger and Freight following highway project in the State fabricate field tiles that are otherwise Programs. of Michigan: US–31 (Holland to Grand available through mass production [FR Doc. 2010–12157 Filed 5–19–10; 8:45 am] Haven). The Selected alternative will: albeit from a foreign source. Thus, since BILLING CODE 4910–06–P construct a new north-south M–231 ODOT could not find a reasonable route (between M–45 and I–96), domestic source and the only other improve M–104 in the vicinity of the option is procuring the field tiles from DEPARTMENT OF TRANSPORTATION M–104/M–231/I–96 junction (including a foreign manufacturer, it requests that improvements to the 112th Avenue the Secretary grant a Buy America Federal Highway Administration Interchange), improve US–31 in the City of Grand Haven, from south of Franklin waiver based on non-availability. Notice of Final Federal Agency Actions In addition to FRA’s grant, the Federal Street to north of Jackson Street, and on Proposed Highways in Michigan Highway Administration (‘‘FHWA’’) is improve US–31 in the City of Holland also providing funding for the Union from Lakewood Boulevard north to AGENCY: Federal Highway Station rehabilitation with a portion of Quincy Street. The selected alternative Administration (FHWA), DOT. its Recovery Act funds. Pursuant to is located in the cities of Holland and FHWA’s Buy America policy contained ACTION: Notice of Decision by FHWA Grand Haven, in Ottawa County, in 23 CFR. 635.410 and Division K, and Notice of Limitation of Claims for Michigan.

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The actions by the Federal agencies, Conservation and Recovery Act Specific Working Group Sessions and the laws under which such actions [42U.S.C. 6901–6992(k)]. Tuesday, June 8th were taken, are described in the Final 9. Executive Orders: E.O. 11990, • Environmental Impact Statement for the Protection of Wetlands; E.O. 11988, All Day, Working Group 2C, GPS/ project approved on February 5, 2010; Floodplains Management; E.O. 12898, Inertial, Colson Board Room. in the FHWA Record of Decision (ROD) Federal Actions to Address Wednesday, June 9th issued on April 23, 2010; and in other Environmental Justice in Minority and • project records. The FEIS, ROD and Low Income Populations; E.O. 11593, All Day, Working Group 2, GPS/ other documents in the FHWA project Protection and Enhancement of Cultural WAAS, Hilton-ATA Room. file are available by contacting the Resources; E.O. 13007, Indian Sacred • All Day, Working Group 4, FHWA. The FHWA FEIS and ROD can Sites; E.O. 13112, Invasive Species; E.O. Precision Landing Guidance (GPS/ be viewed and downloaded from the 13274, Environmental Stewardship and LAAS), MacIntosh-NBAA Room. project Web site at: http:// Transportation Infrastructure Project Thursday, June 10th www.michigan.gov/mdot/0,1607,7–151– Reviews. 9621_11058—,00.html or viewed at • Morning (9 a.m.–12 p.m.), Working public libraries in the project area. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning Group 4, Precision Landing Guidance This notice applies to all Federal and Construction. The regulations (GPS/LAAS), MacIntosh-NBAA Room & agency decisions on the listed projects implementing Executive Order 12372 Hilton-ATA Room. as of the issuance date of this notice and regarding intergovernmental consultation on Friday, June 11th all laws under which such actions were federal programs and activities apply to this taken, including but not limited to: program.) Plenary Session—See Agenda Below 1. General: National Environmental Authority: 23 U.S.C. 139(1)(1). Agenda—Plenary Session—Agenda Policy Act [42 U.S.C. 4321–4351]; Issued on: May 13, 2010. Federal-Aid Act [23 U.S.C. 109]. June 11th, 2010—starting at 9 a.m. Russell L. Jorgenson, 2. Air: Clean Air Act, as amended [42 MacIntosh-NBAA & Hilton-ATA Rooms U.S.C. 7401–7671(q)]. Division Administrator, Federal Highway 3. Land: Section 4(f) of the Administration, Lansing, Michigan. • Chairman’s Introductory Remarks. Department of Transportation Act of [FR Doc. 2010–11960 Filed 5–19–10; 8:45 am] • Approval of Summary of the Eighty- 1966 [49 U.S.C. 303]; Landscaping and BILLING CODE 4910–22–P First Meeting held February 5, 2010, Scenic Enhancement (Wildflowers) [23 RTCA Paper No. 068–10/SC159–984. U.S.C. 319]. • DEPARTMENT OF TRANSPORTATION Review Working Group (WG) 4. Wildlife and Plants: Endangered Progress and Identify Issues for Species Act [16 U.S.C. 1531–1544]. Federal Aviation Administration Resolution. 5. Historic and Cultural Resources: • GPS/3rd Civil Frequency (WG–1). Section 106 of the National Historic Eighty-Second Meeting: RTCA Special • GPS/WAAS (WG–2). Preservation Act of 1966, as amended Committee 159: Global Positioning • GPS/GLONASS (WG–2A). [16 U.S.C. 470(f) et seq.] Archeological System (GPS) • GPS/Inertial (WG–2C). Resources Protection Act of 1977 [16 • GPS/Precision Landing Guidance U.S.C. 470(aa)-11]; Archeological and AGENCY: Federal Aviation Historic Preservation Act [16 U.S.C. Administration (FAA), DOT. (WG–4). • GPS/Airport Surface Surveillance 469–469(c)]. ACTION: Notice of RTCA Special 6. Social and Economics: Civil Rights (WG–5). Committee 159 meeting: Global • GPS/Interference (WG–6). Act of 1964 [42 U.S.C 2000(d)- Positioning System (GPS). 2000(d)(1)]; American Indians Religious • GPS/Antennas (WG–7). • Freedom Act [42 U.S.C. 1996]; Farmland SUMMARY: The FAA is issuing this notice Review of EUROCAE Activities. • Protection Act [7 U.S.C. 4201–4209]; the to advise the public of a meeting of GEAS Update Briefing. Uniform Relocation Assistance and Real RTCA Special Committee 159: Global • Assignment/Review of Future Property Acquisition Policies of 1970, as Positioning System (GPS). Work. amended [42 U.S.C. 61]. • Other Business. DATES: The meeting will be held June 8– 7. Wetlands and Water Resources: • Date and Place of Next Meeting Clean Water Act [33 U.S.C. 1251–1377 11, 2010, from 9 a.m. to 4:30 p.m. (unless stated otherwise). Attendance is open to the interested (Section 404, Section 401, Section 319); public but limited to space availability. Coastal Zone Management Act [14 ADDRESSES: The meeting will be held at With the approval of the chairmen, U.S.C. 1451–1465]; Land and Water RTCA, Inc., 1828 L Street, NW., Suite members of the public may present oral Conservation fund [16 U.S.C. 4601– 805, Washington, DC 20036. statements at the meeting. Persons 4604]; Safe Drinking Water act [42 FOR FURTHER INFORMATION CONTACT: wishing to present statements or obtain U.S.C. 300(f)-300(j)(6)]; Rivers and information should contact the person Harbors Act of 1899 [42 U.S.C. 401– RTCA Secretariat, 1828 L Street, NW., listed in the ‘‘FOR FURTHER INFORMATION 406]; TEA–21 Wetland Mitigation [23 Suite 805, Washington, DC 20036; CONTACT’’ section. Members of the U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood telephone (202) 833–9339; fax (202) 833–9434; Web site http://www.rtca.org. public may present a written statement Disaster Protection Act [42 U.S.C. 4001– to the committee at any time. 4128]. SUPPLEMENTARY INFORMATION: Pursuant 8. Hazardous Materials: to section 10(a)(2) of the Federal Issued in Washington, DC, on May 12, Comprehensive Environmental Advisory Committee Act (Pub. L. 92– 2010. Response, Compensation and Liability 463, 5 U.S.C., Appendix 2), notice is Francisco Estrada C., Act [42 U.S.C. 9501–9675]; Superfund hereby given for a Special Committee RTCA Advisory Committee. Amendments and Reauthorization Act 159: Global Positioning System (GPS) [FR Doc. 2010–12088 Filed 5–19–10; 8:45 am] of 1986 [Pub. L. 99–499]; Resource, meeting. The agenda will include: BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION • 09h20 to 09h40: WG72 and Group • 10:30 to 11:00: Discussion of (ED20x) activities status discussion of Glossary: Content and Publication Federal Aviation Administration implications on joint work. (separate in ED210 or integrated). • 09h40 to 10h00: SC–216 and • 11:00 to 11:15: Break. Thirteenth Meeting: EUROCAE WG–72: Subgroup activities status and • 11:15 to 11:30: Discuss RTCA Special Committee 216: discussion of implications on joint Aeronautical Systems Security (Joint collaboration and associated topics with work. other organisations (Arinc, DSWG, Meeting) • 10h00 to 10h45: Mapping of SC216 ICAO, etc.) SG’s to WG72 ED 20x Documents: • AGENCY: Federal Aviation • Discuss joint SG work plan & 11:30 to 12:00: Summarize the Administration (FAA), DOT. schedule based on document(s) chart. official Eurocae and RTCA release/ ACTION: Notice of EUROCAE WG–72: • 10h45 to 11h00: Break. review processes in relation to the RTCA Special Committee 216: • 11h00 to 11h45: Develop agreement planned releases for this year/early Aeronautical Systems Security (Joint on: next—verify publication schedule. Meeting). • Either continuing as per previous • 12:00 to 12:30: Future meeting dates mode of cooperation. & locations; Expertise to be included; SUMMARY: The FAA is issuing this notice • Or create a firm joint work plan for Action Item review. to advise the public of a meeting of mutual document development. • • 12:30 to 12:45: Wrap-up of Meeting, EUROCAE WG–72: RTCA Special Publication Plan: Roadmap and Agreement on Conclusions and Main Committee 216: Aeronautical Systems Document layout, discuss implications. • Events, Main messages to be Security (Joint Meeting). 11h45 to 12h00: Discussion options disseminated. to strengthen ties with CAA’s (EASA DATES: The meeting will be held June 8– and others): Attendance is open to the interested 11, 2010 starting at 9 a.m. on the first • Discuss Response to White Paper: public but limited to space availability. day and ending by 13:00 on the last day. Vision to Lawmakers. With the approval of the chairmen, ADDRESSES: The meeting will be held at • 12h00 to 13h15: Lunch Break. members of the public may present oral Malakoff (France), 102 rue Etienne • 13h15 to 14h30: Status of ED201, statements at the meeting. Persons Dolet–92240 Malakoff (4th Floor), ED202/ED203, ED204 or equivalent wishing to present statements or obtain hosted by EUROCAE. Point of Contact: documents. information should contact the person Samira Bezza • 14h15 to 17h00: Split-up sessions: listed in the FOR FURTHER INFORMATION [email protected], Tel: +33 1 40 • ED201: Include transversal topics CONTACT section. Members of the public 92 79 30, Fax: +33 1 46 55 62 65. extracted from other parts; coordinate may present a written statement to the details with other parts. committee at any time. FOR FURTHER INFORMATION CONTACT: • ED202/203–SG2: Discussion of RTCA Secretariat, 1828 L Street, NW., Issued in Washington, DC on May 12, differences with SC216/SG2; identify 2010. Suite 805, Washington, DC 20036; specific terms and glossary concerns; telephone (202) 833–9339; fax (202) Francisco Estrada C., establish common basis for RTCA Advisory Committee. 833–9434; Web site http://www.rtca.org. collaboration or joint work. SUPPLEMENTARY INFORMATION: Pursuant • ED204–SG4: Review the SOW of [FR Doc. 2010–12084 Filed 5–19–10; 8:45 am] to section 10(a)(2) of the Federal both groups, determine if full or partly BILLING CODE 4910–13–P Advisory Committee Act (Pub. L. 92– joint work with one resulting document 463, 5 U.S.C., Appendix 2), notice is is possible, identify parts, that can’t be DEPARTMENT OF TRANSPORTATION hereby given for a EUROCAE WG–72: joint. RTCA Special Committee 216: Days 2 & 3 National Highway Traffic Safety Aeronautical Systems Security (Joint Administration Meeting) meeting. • 09h00 to 17h00: Split-up sessions: • Continuation of work for all The meeting is expected to start at [Docket No. NHTSA–2010–0056; Notice 1] 9:00 on the first day and to finish by documents. 17:00 each day. It will finish latest by Day 4 Yokohama Tire Corporation, Receipt of 13:00 on the last day. • 09h00 to 13h00: Plenary Session: Petition for Decision of The main purpose of the meeting is to • 09:00 to 09:20: Review Status of Inconsequential Noncompliance determine potential joint Subgroup ED201 session work—What has been 1 work based on the new SC–216 TOR, added/modified? Which elements will Yokohama Tire Corporation, (YTC) , develop agreement between both groups be dealt with in 2010, which in a later has determined that approximately on the roadmap to potentially jointly issue? What is the status of the EFB 8,238 of its P215/60R15 93H AVID H4S publish documents, continue the analysis? passenger car replacement tires, specification work and strengthening of • 09:20 to 10:00: Review Status of manufactured between December 2, links to the Civil Aviation Authorities. ED202/ED203–SG2 session work—What 2007, and September 19, 2009, do not Please inform jean- is the status of the documents? Is it fully comply with paragraph S5.5.1 of [email protected] and reasonable to expect termination of Federal Motor Vehicle Safety Standard [email protected] of your ED202/DO–TBD work in 2010? (FMVSS) No. 139, New Pneumatic intention to attend the meeting. • 10:00 to 10:30: Review Status of Radial Tires for Light Vehicles. YTC has The agenda will include: ED204–SG4 session work—Is the target filed an appropriate report dated audience clear and limited, for which January 19, 2010 pursuant to 49 CFR Day 1 the document is to be established? Are • 09h00 to 09h20: Introduction/ the expectations of the audience well 1 Yokohama Tire Corporation (YTC) a replacement equipment manufacturer is review of the previous MoM/Report understood? How will the work incorporated in the state of California with its about publications/Approval of the progress, fully joint, partly joint, principal address at 601 South Acacia Avenue, meeting agenda. coordinated w/two separate documents? Fullerton, CA 92831.

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Part 573, Defect and Noncompliance appear between the bead and a point one-half for many years prior to FMVSS No. 139 that Responsibility and Reports. the distance from the bead to the shoulder of now requires the application of the Pursuant to 49 U.S.C. 30118(d) and the tire, on at least one sidewall. The additional TIN identifier in a full or partial 30120(h) (see implementing rule at 49 markings must be in letters and numerals not form. The absence of one TIN identifier on the one tire sidewall does not prohibit the CFR part 556), YTC has petitioned for less than 0.078 inches high and raised above or sunk below the tire surface not less than ability to identify the tire as part of a safety an exemption from the notification and 0.015 inches. * * * campaign or tire recall when required. remedy requirements of 49 U.S.C. S5.5.1 Tire Identification Number YTC concludes in part that ‘‘the actual Chapter 301 on the basis that this (a) * * * tire performance is not inconsequential noncompliance is inconsequential to (b) Tires manufactured on or after motor vehicle safety. September 1, 2009. Each tire must be labeled as it relates to motor vehicle safety This notice of receipt of YTC’s with the tire identification number required because the actual tire performance is petition is published under 49 U.S.C. by 49 CFR part 574 on the intended outboard not affected by this noncompliance, and 30118 and 30120 and does not represent sidewall of the tire. Except for retreaded tires, in the unlikely event that the tires either the tire identification number or a any agency decision or other exercise of become subject to a safety or recall partial tire identification number, containing campaign, the tires can be identified by judgment concerning the merits of the all characters in the tire identification petition. the single TIN on one sidewall of the number, except for the date code and, at the ’’ Affected are approximately 8,238 size discretion of the manufacturer, any optional tire. P215/60R15 93H Yokohama AVID H4S code, must be labeled on the other sidewall Furthermore, YTC points out three brand passenger car replacement tires of the tire. Except for retreaded tires, if a tire other factors that support its petition: manufactured between December 2, does not have an intended outboard sidewall, • All of the subject tires have been tested 2007, and September 19, 2009, at YTC’s the tire must be labeled with the tire and certified compliant with all of the other plant located in Salem, Virginia. identification number required by 49 CFR durability requirements of FMVSS No. 139 part 574 on one sidewall and with either the Approximately 7,836 of these tires have for high speed, endurance, and low inflation tire identification number or a partial tire pressure performance, and physical been delivered to YTC’s customers. The identification number, containing all dimensions, resistance to bead unseating and remaining tires (approximately 402) are characters in the tire identification number strength. being held in YTC’s possession until except for the date code and, at the discretion • There have been a very small number of they are correctly relabeled. of the manufacturer, any optional code, on tire warranty returns (the incorrect markings NHTSA notes that the statutory the other sidewall. were found when molds were being certified provisions (49 U.S.C. 30118(d) and YTC explains that the noncompliance and readied). • YTC has designed and implemented 30120(h)) that permit manufacturers to is that, due to a mold labeling error, the file petitions for a determination of verification countermeasures to prevent any markings on the non-compliant tires re-occurrence of any incorrect tire markings. inconsequentiality allow NHTSA to omits the partial tire identification exempt manufacturers only from the number on one of the sidewalls as Supported by all of the above stated duties found in sections 30118 and required by paragraph S5.5.1(b). YTC reasons, YTC believes that the described 30120, respectively, to notify owners, explains that the non-compliant tires noncompliance of its tires to meet the purchasers, and dealers of a defect or include the full Tire Identification requirements of FMVSS No. 139 is noncompliance and to remedy the Number (TIN) on one sidewall but omits inconsequential to motor vehicle safety, defect or noncompliance. Therefore, the partial serial number on the other and that its petition, to exempt it from these provisions only apply to the sidewall. YTC reported that this providing recall notification of approximately 7,836 2 tires that have noncompliance was brought to their noncompliance as required by 49 U.S.C. already passed from the manufacturer to attention when ‘‘one of several molds 30118 and remedying the recall an owner, purchaser, or dealer. were being certified and readied as part noncompliance as required by 49 U.S.C. Paragraph S5.5 of FMVSS No. 139 of a production quantity of replacement 30120, should be granted. NHTSA notes that the statutory requires in pertinent part: tires for the USA.’’ provisions (49 U.S.C. 30118(d) and S5.5 Tire markings. Except as specified in YTC argues that this noncompliance paragraphs (a) through (i) of S5.5, each tire is inconsequential to motor vehicle 30120(h)) that permit manufacturers to must be marked on each sidewall with the safety because the noncompliant file petitions for a determination of information specified in S5.5(a) through (d) sidewall marking does not affect the inconsequentiality allow NHTSA to and on one sidewall with the information strength of the tires and all other exempt manufacturers only from the specified in S5.5(e) through (i) according to labeling requirements have been met. duties found in sections 30118 and the phase-in schedule specified in S7 of this 30120, respectively, to notify owners, standard. The markings must be placed YTC supports this conclusion with the following arguments: purchasers, and dealers of a defect or between the maximum section width and the noncompliance and to remedy the bead on at least one sidewall, unless the • Warranty and claim data for the subject maximum section width of the tire is located defect or noncompliance. tire model, for which production has been Interested persons are invited to in an area that is not more than one-fourth continual since November 2002, reveals a of the distance from the bead to the shoulder very small number of tire warranty returns submit written data, views, and of the tire. If the maximum section width and no reports of claims associated with arguments on this petition. Comments falls within that area, those markings must accidents or tire failure incidents. must refer to the docket and notice • The TIN becomes important in the event number cited at the beginning of this 2 YTC’s petition, which was filed under 49 CFR of a safety campaign and enables the owners notice and be submitted by any of the Part 556, requests an agency decision to exempt to properly identify tires included in a following methods: YTC as replacement equipment manufacturer from captive action campaign. While the subject a. By mail addressed to: U.S. the notification and recall responsibilities of 49 CFR tires are noncompliant with the current Part 573 for 7,836 of the affected tires. However, the Department of Transportation, Docket FMVSS No. 139 sidewall marking regulation Operations, M–30, West Building agency cannot relieve FTS distributors of the that requires a full TIN on the sidewall and prohibitions on the sale, offer for sale, or at minimum a partial TIN on the other Ground Floor, Room W12–140, 1200 introduction or delivery for introduction into New Jersey Avenue, SE., Washington, interstate commerce of the noncompliant tires sidewall, these subject tires have a full TIN under their control after FTS recognized that the on one sidewall that can be used in case of DC 20590. subject noncompliance existed. Those tires must be a special campaign. These tires are marked in b. By hand delivery to U.S. brought into conformance, exported, or destroyed. the same manner that was the requirement Department of Transportation, Docket

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Operations, M–30, West Building DEPARTMENT OF THE TREASURY Respondents: State, Local, and Tribal Ground Floor, Room W12–140, 1200 Governments. New Jersey Avenue, SE., Washington, Submission for OMB Review; Estimated Total Burden Hours: 2,713 DC 20590. The Docket Section is open Comment Request hours. on weekdays from 10 a.m. to 5 p.m. May 13, 2010 OMB Number: 1535–0127. except Federal Holidays. The Department of Treasury will Type of Review: Extension without c. Electronically: By logging onto the submit the following public information change of a currently approved Federal Docket Management System collection requirement(s) to OMB for collection. Title: Offering of U.S. Mortgage (FDMS) website at http:// review and clearance under the Guaranty Insurance Company Tax and www.regulations.gov/. Follow the online Paperwork Reduction Act of 1995, Loss Bonds. instructions for submitting comments. Public Law 104–13, on or after the publication date of this notice. Copies of Form: CFR Part 343. Comments may also be faxed to 1–202– Abstract: Regulations governing the 493–2251. the submission(s) may be obtained by calling the Treasury Bureau Clearance issue, reissue, and redemption of U.S. Comments must be written in the Officer listed. Comments regarding this Mortgage Guaranty Insurance Company English language, and be no greater than information collection should be Tax and Loss Bonds. 15 pages in length, although there is no addressed to the OMB reviewer listed Respondents: Private Sector: limit to the length of necessary and to the Treasury Department Businesses or other for-profits. attachments to the comments. If Clearance Officer, Department of the Estimated Total Burden Hours: 20 comments are submitted in hard copy Treasury, Room 11000, 1750 hours. form, please ensure that two copies are Pennsylvania Avenue, NW., Clearance Officer: Bruce Sharpe, provided. If you wish to receive Washington, DC 20220. Bureau of the Public Debt, 200 Third Street, Parkersburg, West Virginia confirmation that your comments were DATES: Written comments should be received, please enclose a stamped, self- received on or before June 21, 2010 to 26106; (304) 480–8150. OMB Reviewer: Shagufta Ahmed, addressed postcard with the comments. be assured of consideration. Office of Management and Budget, New Note that all comments received will be Bureau of Public Debt (BPD) Executive Office Building, Room 10235, posted without change to http:// Washington, DC 20503; (202) 395–7873. www.regulations.gov, including any OMB Number: 1535–0023. Type of Review: Extension without personal information provided. Celina Elphage, change of a currently approved Treasury PRA Clearance Officer. Documents submitted to a docket may collection. be viewed by anyone at the address and Title: Request To Reissue United [FR Doc. 2010–12094 Filed 5–19–10; 8:45 am] times given above. The documents may States Savings Bonds. BILLING CODE 4810–39–P also be viewed on the Internet at Form: PD F 4000. http://www.regulations.gov by following Abstract: Form is used by owners to DEPARTMENT OF THE TREASURY the online instructions for accessing the identify the securities involved and to dockets. DOT’s complete Privacy Act establish authority to reissue them. Respondents: Individuals or Submission for OMB Review; Statement is available for review in the Comment Request Federal Register published on April 11, Households. Estimated Total Burden Hours: 2000, (65 FR 19477–78). May 13, 2010. 270,000 hours. The Department of Treasury will The petition, supporting materials, OMB Number: 1535–0062. submit the following public information and all comments received before the Type of Review: Revision of a collection requirement(s) to OMB for close of business on the closing date currently approved collection. review and clearance under the indicated below will be filed and will be Title: Special Bond of Indemnity By Paperwork Reduction Act of 1995, considered. All comments and Purchaser of United States Savings Public Law 104–13 on or after the date supporting materials received after the Bonds/Notes Involved in a Chain Letter of publication of this notice. Copies of closing date will also be filed and will Scheme. the submission(s) may be obtained by be considered to the extent possible. Form: PD F 2966. Abstract: Used by the purchaser of calling the Treasury Bureau Clearance When the petition is granted or denied, Officer listed. Comments regarding this notice of the decision will be published savings bonds in a chain letter scheme to request refund purchase price of the information collection should be in the Federal Register pursuant to the bonds. addressed to the OMB reviewer listed authority indicated below. Respondents: Individuals or and to the Treasury Department Comment closing date: June 21, 2010. Households. Clearance Officer, Department of the Treasury, Room 11000, and 1750 Authority: 49 U.S.C. 30118, 30120: Estimated Total Burden Hours: 320 hours. Pennsylvania Avenue, NW. Washington, delegations of authority at CFR 1.50 and DC 20220. 501.8. OMB Number: 1535–0092. Type of Review: Revision of a DATES: Written comments should be Issued on: May 12, 2010. currently approved collection. received on or before June 21, 2010 to Claude H. Harris, Title: Subscription For Purchase and be assured of consideration. Issue of U.S. Treasury Securities— State Director, Office of Vehicle Safety Compliance. Financial Management Service (FMS) [FR Doc. 2010–12057 Filed 5–19–10; 8:45 am] and Local Government Series. Form: PD–F–4144, 4144–1, 4144–2, OMB Number: 1510–0007. BILLING CODE 4910–59–P 4144–5, 4144–6, 4144–7. Type of Review: Extension without Abstract: The information is change of a currently approved necessary to establish the accounts for collection. owners of securities of State and Local Title: Direct Deposit Sign-Up Form Government Series. and Go Direct Sign Up Form.

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Form: SF–1199A, FMS 1200. 5578, Annual Certification of Racial be summarized and/or included in the Abstract: The Direct Deposit Sign-Up Nondiscrimination for a Private School request for OMB approval. All Form is used by recipients to authorize Exempt from Federal Income Tax. comments will become a matter of the deposit of Federal payments into DATES: Written comments should be public record. Comments are invited on: their accounts at financial institutions. received on or before July 19, 2010 to be (a) Whether the collection of The information is used to route the assured of consideration. information is necessary for the proper Direct Deposit payment to the correct ADDRESSES: Direct all written comments performance of the functions of the account at the correct financial to Gerald Shields, Internal Revenue agency, including whether the institution. It identifies persons who Service, room 6129, 1111 Constitution information shall have practical utility; have executed the form. Avenue, NW., Washington, DC 20224. (b) the accuracy of the agency’s estimate Respondents: Individuals and of the burden of the collection of FOR FURTHER INFORMATION CONTACT: Households. information; (c) ways to enhance the Requests for additional information or Estimated Total Burden Hours: 69,142 quality, utility, and clarity of the copies of the form and instructions hours. information to be collected; (d) ways to should be directed to Joel Goldberger, at OMB Number: 1510–0066. minimize the burden of the collection of (202) 927–9368, or at Internal Revenue Type of Review: Extension without information on respondents, including Service, Room 6129, 1111 Constitution change of a currently approved through the use of automated collection Avenue, NW., Washington, DC 20224, collection. techniques or other forms of information or through the Internet, at Title: 31 CFR Part 208—Management; technology; and (e) estimates of capital [email protected]. Final Rule. or start-up costs and costs of operation, Abstract: This regulation requires that SUPPLEMENTARY INFORMATION: maintenance, and purchase of services most Federal payments be made by Title: Annual Certification of Racial to provide information. Electronic Funds Transfer (EFT); sets Nondiscrimination for a Private School Approved: May 5, 2010. forth waiver requirements; and provides Exempt from Federal Income Tax. for a low-cost Treasury-designated OMB Number: 1545–0213. Gerald Shields, account to individuals at a financial Form Number: Form 5578. IRS Reports Clearance Officer. institution that offers such accounts. Abstract: Every organization that [FR Doc. 2010–12035 Filed 5–19–10; 8:45 am] Respondents: Private Sector: claims exemption from Federal income BILLING CODE 4830–01–P Businesses or other for-profits. tax under Internal Revenue Code section Estimated Total Burden Hours: 325 501(c)(3) and that operates, supervises, hours. or controls a private school must file a DEPARTMENT OF THE TREASURY Bureau Clearance Officer: Wesley certification of racial nondiscrimination. Powe, Financial Management Service, Such organizations, if they are not Internal Revenue Service 3700 East West Highway, Room 135, required to file Form 990, must provide [EE–12–78] Hyattsville, MD 20782; (202) 874–7662. the certification on Form 5578. The OMB Reviewer: Shagufta Ahmed, Internal Revenue Service uses the Proposed Collection; Comment Office of Management and Budget, New information to help ensure that the Request for Regulation Project Executive Office Building, Room 10235, school is maintaining AGENCY: Internal Revenue Service (IRS), Washington, DC 20503; (202) 395–7873. nondiscriminatory policy in keeping Treasury. with its exempt status. Celina Elphage, Current Actions: There are no changes ACTION: Notice and request for Treasury PRA Clearance Officer. being made to the form at this time. comments. [FR Doc. 2010–12095 Filed 5–19–10; 8:45 am] Type of Review: Extension of a SUMMARY: The Department of the BILLING CODE 4830–01–P currently approved collection. Treasury, as part of its continuing effort Affected Public: Not-for-profit to reduce paperwork and respondent institutions. DEPARTMENT OF THE TREASURY burden, invites the general public and Estimated Number of Respondents: other Federal agencies to take this 1,000. opportunity to comment on proposed Internal Revenue Service Estimated Time per Respondent: 3 and/or continuing information hours, 44 minutes. Proposed Collection; Comment collections, as required by the Estimated Total Annual Burden Request for Form 5578 Paperwork Reduction Act of 1995, Hours: 3,730. Public Law 104–13 (44 U.S.C. AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is Treasury. of the collections of information covered by this notice: soliciting comments concerning an ACTION: Notice and request for existing final regulation, EE–12–78 (TD comments. An agency may not conduct or sponsor, and a person is not required to 7611) Nonbank Trustees (§ 1.408–2(e)). SUMMARY: The Department of the respond to, a collection of information DATES: Written comments should be Treasury, as part of its continuing effort unless the collection of information received on or before July 19, 2010 to be to reduce paperwork and respondent displays a valid OMB control number. assured of consideration. burden, invites the general public and Books or records relating to a collection ADDRESSES: Direct all written comments other Federal agencies to take this of information must be retained as long to Gerald Shields, Internal Revenue opportunity to comment on proposed as their contents may become material Service, Room 6129, 1111 Constitution and/or continuing information in the administration of any internal Avenue, NW., Washington, DC 20224. collections, as required by the revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, tax return information are confidential, Requests for additional information or Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. copies of the information collection 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments should be directed to Allan Hopkins, at soliciting comments concerning Form submitted in response to this notice will (202) 622–6665, or at Internal Revenue

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Service, Room 6129, 1111 Constitution or start-up costs and costs of operation, Current Actions: There are no changes Avenue, NW., Washington, DC 20224, maintenance, and purchase of services being made to this existing regulation. or through the Internet, at to provide information. Type of Review: Extension of a [email protected]. Approved: April 22, 2010. currently approved collection. SUPPLEMENTARY INFORMATION: Allan Hopkins, Affected Public: Business or other for- Title: Nonbank Trustees. Tax Analyst. profit organizations and not-for-profit institutions. OMB Number: 1545–0806. [FR Doc. 2010–12054 Filed 5–19–10; 8:45 am] Estimated Number of Respondents: Regulation Project Number: EE–12– BILLING CODE 4830–01–P 78. 300,000. Abstract: Internal Revenue Code Estimated Time per Respondent: 2 section 408(a)(2) permits an institution DEPARTMENT OF THE TREASURY hours. other than a bank to be the trustee of an Estimated Total Annual Burden individual retirement account. This Internal Revenue Service Hours: 600,000. An agency may not conduct or regulation imposes certain reporting and [REG–104691–97] recordkeeping requirements to enable sponsor, and a person is not required to the IRS to determine whether an Proposed Collection; Comment respond to, a collection of information institution qualifies to be a nonbank Request for Regulation Project unless the collection of information trustee and to insure that accounts are displays a valid OMB control number. administered according to sound AGENCY: Internal Revenue Service (IRS), Books or records relating to a collection fiduciary principles. Treasury. of information must be retained as long Current Actions: There is no change to ACTION: Notice and request for as their contents may become material this existing regulation. comments. in the administration of any internal Type of Review: Extension of a revenue law. Generally, tax returns and SUMMARY: currently approved collection. The Department of the tax return information are confidential, Affected Public: Business or other for- Treasury, as part of its continuing effort as required by 26 U.S.C. 6103. profit organizations. to reduce paperwork and respondent Request for Comments: Comments Estimated Number of Respondents: burden, invites the general public and submitted in response to this notice will 23. other Federal agencies to take this be summarized and/or included in the Estimated Time per Respondent: 34 opportunity to comment on proposed request for OMB approval. All minutes. and/or continuing information comments will become a matter of Estimated Total Annual Burden collections, as required by the public record. Hours: 13. Paperwork Reduction Act of 1995, Comments are invited on: (a) Whether The following paragraph applies to all Public Law 104–13 (44 U.S.C. the collection of information is of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is necessary for the proper performance of by this notice: soliciting comments concerning an the functions of the agency, including An agency may not conduct or existing final regulation, REG–104691– whether the information shall have sponsor, and a person is not required to 97 (TD 8910), Electronic Tip Reports practical utility; (b) the accuracy of the respond to, a collection of information (§§ 31.6053–1 and 31.6053–4). agency’s estimate of the burden of the unless the collection of information DATES: Written comments should be collection of information; (c) ways to displays a valid OMB control number. received on or before July 19, 2010 to be enhance the quality, utility, and clarity Books or records relating to a collection assured of consideration. of the information to be collected; (d) of information must be retained as long ADDRESSES: Direct all written comments ways to minimize the burden of the as their contents may become material to Gerald Shields, Internal Revenue collection of information on in the administration of any internal Service, room 6129, 1111 Constitution respondents, including through the use revenue law. Generally, tax returns and Avenue, NW., Washington, DC 20224. of automated collection techniques or tax return information are confidential, FOR FURTHER INFORMATION CONTACT: other forms of information technology; as required by 26 U.S.C. 6103. Requests for additional information or and (e) estimates of capital or start-up Request for Comments: Comments copies of the regulation should be costs and costs of operation, submitted in response to this notice will directed to Allan Hopkins at Internal maintenance, and purchase of services be summarized and/or included in the Revenue Service, room 6129, 1111 to provide information. request for OMB approval. All Constitution Avenue, NW., Washington, Approved: April 22, 2010. comments will become a matter of DC 20224, or at (202) 622–6665, or Allan Hopkins, public record. Comments are invited on: through the Internet at Tax Analyst. (a) Whether the collection of [email protected]. [FR Doc. 2010–12053 Filed 5–19–10; 8:45 am] information is necessary for the proper SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P performance of the functions of the Title: Electronic Tip Reports. agency, including whether the OMB Number: 1545–1603. information shall have practical utility; Regulation Project Number: REG– DEPARTMENT OF THE TREASURY (b) the accuracy of the agency’s estimate 104691–97. of the burden of the collection of Abstract: The regulations provide Internal Revenue Service information; (c) ways to enhance the rules authorizing employers to establish quality, utility, and clarity of the electronic systems for use by their information to be collected; (d) ways to tipped employees in reporting tips to [FI–221–83 and FI–100–83] minimize the burden of the collection of their employer. The information will be Proposed Collection; Comment information on respondents, including used by employers to determine the Request For Regulation Project through the use of automated collection amount of income tax and FICA tax to techniques or other forms of information withhold from the tipped employee’s AGENCY: Internal Revenue Service (IRS), technology; and (e) estimates of capital wages. Treasury.

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ACTION: Notice and request for The following paragraph applies to all Public Law 104–13 (44 U.S.C. comments. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is by this notice: soliciting comments concerning an SUMMARY: The Department of the An agency may not conduct or existing final regulation, TD 8172, Treasury, as part of its continuing effort sponsor, and a person is not required to Qualification of Trustee or Like to reduce paperwork and respondent respond to, a collection of information Fiduciary in Bankruptcy (§ 301.6036–1). burden, invites the general public and unless the collection of information DATES: Written comments should be other Federal agencies to take this displays a valid OMB control number. received on or before July 19, 2010 to be opportunity to comment on proposed Books or records relating to a collection assured of consideration. and/or continuing information of information must be retained as long ADDRESSES: Direct all written comments collections, as required by the as their contents may become material to Gerald Shields, Internal Revenue Paperwork Reduction Act of 1995, in the administration of any internal Service, room 6129, 1111 Constitution Public Law 104–13 (44 U.S.C. revenue law. Generally, tax returns and Avenue, NW., Washington, DC 20224. 3506(c)(2)(A)). Currently, the IRS is tax return information are confidential, FOR FURTHER INFORMATION CONTACT: soliciting comments concerning an as required by 26 U.S.C. 6103. Requests for additional information or existing notice of proposed rulemaking Request for Comments: Comments copies of the regulation should be (FI–221–83) and temporary regulation submitted in response to this notice will directed to Joel Goldberger at Internal (FI–100–83), Indian Tribal Governments be summarized and/or included in the Revenue Service, room 6129, 1111 Treated as States for Certain Purposes request for OMB approval. All Constitution Avenue, NW., Washington, (§§ 305.7701–1 and 305.7871–1). comments will become a matter of DC 20224, or at (202) 927–9368, DATES: Written comments should be public record. Comments are invited on: [email protected]. received on or before July 19, 2010 to be (a) Whether the collection of SUPPLEMENTARY INFORMATION: assured of consideration. information is necessary for the proper Title: Qualification of Trustee or Like ADDRESSES: Direct all written comments performance of the functions of the Fiduciary in Bankruptcy. to Gerald Shields, Internal Revenue agency, including whether the OMB Number: 1545–0773. Service, room 6129, 1111 Constitution information shall have practical utility; Regulation Project Number: TD 8172. Avenue NW., Washington, DC 20224. (b) the accuracy of the agency’s estimate Abstract: Internal Revenue Code of the burden of the collection of FOR FURTHER INFORMATION CONTACT: section 6036 requires that receivers, information; (c) ways to enhance the Requests for additional information or trustees in bankruptcy, assignees for the quality, utility, and clarity of the copies of the information collection benefit of creditors, or other like information to be collected; (d) ways to should be directed to Joel Goldberger, at fiduciaries, and all executors shall minimize the burden of the collection of (202) 972–9368, or at Internal Revenue notify the district director within 10 information on respondents, including Service, room 6129, 1111 Constitution days of appointment. This regulation through the use of automated collection Avenue NW., Washington, DC 20224, or provides that the notice shall include techniques or other forms of information through the Internet, at the name and location of the Court and technology; and (e) estimates of capital [email protected]. when possible, the date, time, and place or start-up costs and costs of operation, of any hearing, meeting or other SUPPLEMENTARY INFORMATION: maintenance, and purchase of services scheduled action. The regulation also Title: Indian Tribal Governments to provide information. eliminates the notice requirement under Treated as States for Certain Purposes. Approved: May 5, 2010. section 6036 for bankruptcy trustees, OMB Number: 1545–0823. Gerald Shields, debtors in possession and other Regulation Project Number: FI–221– fiduciaries in a bankruptcy proceeding. IRS Reports Clearance Officer. 83 (notice of proposed rulemaking) and Current Actions: There is no change to FI–100–83 (temporary regulation). [FR Doc. 2010–12051 Filed 5–19–10; 8:45 am] this existing regulation. Abstract: These regulations relate to BILLING CODE 4830–01–P Type of Review: Extension of a the treatment of Indian tribal currently approved collection. governments as States for certain Affected Public: Individuals or DEPARTMENT OF THE TREASURY Federal tax purposes. The regulations households. Estimated Number of Respondents: provide that if the governing body of a Internal Revenue Service tribe, or its subdivision, is not 50,000. designated as an Indial tribal [TD 8172] Estimated Time Per Respondent: 15 government or subdivision thereof for minutes. Estimated Total Annual Burden purpose of sections 7701(a)(40) and Proposed Collection; Comment Request for Regulation Project Hours: 12,500. 7871 of the Internal Revenue Code, it The following paragraph applies to all may apply for a ruling to that effect from AGENCY: Internal Revenue Service (IRS), of the collections of information covered the Internal Revenue Service. Treasury. by this notice: Current Actions: There is no change to ACTION: Notice and request for An agency may not conduct or these existing regulations. comments. sponsor, and a person is not required to Type of Review: Extension of a respond to, a collection of information currently approved collection. SUMMARY: The Department of the unless the collection of information Affected Public: State, local or tribal Treasury, as part of its continuing effort displays a valid OMB control number. governments. to reduce paperwork and respondent Books or records relating to a collection Estimated Number of Respondents: burden, invites the general public and of information must be retained as long 25. other Federal agencies to take this as their contents may become material Estimated Time per Respondent: 1 opportunity to comment on proposed in the administration of any internal hour. and/or continuing information revenue law. Generally, tax returns and Estimated Total Annual Burden collections, as required by the tax return information are confidential, Hours: 25. Paperwork Reduction Act of 1995, as required by 26 U.S.C. 6103.

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Request for Comments: Comments FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden of the submitted in response to this notice will Requests for additional information or collection of information; (c) ways to be summarized and/or included in the copies of the form should be directed to enhance the quality, utility, and clarity request for OMB approval. All Joel P. Goldberger at Internal Revenue of the information to be collected; (d) comments will become a matter of Service, Room 6129, 1111 Constitution ways to minimize the burden of the public record. Avenue, NW., Washington, DC 20224, collection of information on Comments are invited on: (a) Whether or at (202) 927–9368 or through the respondents, including through the use the collection of information is Internet at [email protected]. of automated collection techniques or necessary for the proper performance of SUPPLEMENTARY INFORMATION: other forms of information technology; the functions of the agency, including Title: Information Regarding Request and (e) estimates of capital or start-up whether the information shall have for Refund of Social Security Tax costs and costs of operation, practical utility; (b) the accuracy of the Erroneously Withheld on Wages maintenance, and purchase of services agency’s estimate of the burden of the Received by a Nonresident Alien on an to provide information. collection of information; (c) ways to F, J, or M Type Visa. Approved: May 4, 2010. enhance the quality, utility, and clarity OMB Number: 1545–1862. Gerald Shields, of the information to be collected; (d) Form Number: 8316. IRS Reports Clearance Officer. ways to minimize the burden of the Abstract: Certain foreign students and [FR Doc. 2010–12049 Filed 5–19–10; 8:45 am] collection of information on other nonresident visitors are exempt BILLING CODE 4830–01–P respondents, including through the use from FICA tax for services performed as of automated collection techniques or specified in the Immigration and other forms of information technology; Naturalization Act. Applicants for DEPARTMENT OF THE TREASURY and (e) estimates of capital or start-up refund of this FICA tax withheld by costs and costs of operation, their employer must complete Form Internal Revenue Service maintenance, and purchase of services 8316 to verify that they are entitled to to provide information. a refund of the FICA, that the employer Proposed Collection; Comment Approved: May 5, 2010. has not paid back any part of the tax Request for Form 8879–PE withheld and that the taxpayer has Gerald Shields, AGENCY: Internal Revenue Service (IRS), IRS Reports Clearance Officer. attempted to secure a refund from his/ her employer. Treasury. [FR Doc. 2010–12050 Filed 5–19–10; 8:45 am] Current Actions: There are no changes ACTION: Notice and request for BILLING CODE 4830–01–P being made to the form at this time. comments. Type of Review: Extension of a SUMMARY: The Department of the DEPARTMENT OF THE TREASURY currently approved collection. Affected Public: Individuals. Treasury, as part of its continuing effort to reduce paperwork and respondent Internal Revenue Service Estimated Number of Respondents: 22,000. burden, invites the general public and Proposed Collection; Comment Estimated Time per Respondent: 15 other Federal agencies to take this Request for Form 8316 minutes. opportunity to comment on proposed Estimated Total Annual Burden and/or continuing information AGENCY: Internal Revenue Service (IRS), Hours: 5,500. collections, as required by the Treasury. The following paragraph applies to all Paperwork Reduction Act of 1995, ACTION: Notice and request for of the collections of information covered Public Law 104–13 (44 U.S.C. comments. by this notice: 3506(c)(2)(A)). Currently, the IRS is An agency may not conduct or soliciting comments concerning Form SUMMARY: The Department of the sponsor, and a person is not required to 8879–PE, IRS e-file Signature Treasury, as part of its continuing effort respond to, a collection of information Authorization for Form 1065. to reduce paperwork and respondent unless the collection of information DATES: Written comments should be burden, invites the general public and displays a valid OMB control number. received on or before July 19, 2010 to be other Federal agencies to take this Books or records relating to a assured of consideration. opportunity to comment on proposed collection of information must be ADDRESSES: Direct all written comments and/or continuing information retained as long as their contents may collections, as required by the to Gerald Shields, Internal Revenue become material in the administration Service, Room 6129, 1111 Constitution Paperwork Reduction Act of 1995, of any internal revenue law. Generally, Public Law 104–13 (44 U.S.C. Avenue, NW., Washington, DC 20224. tax returns and tax return information FOR FURTHER INFORMATION CONTACT: 3506(c)(2)(A)). Currently, the IRS is are confidential, as required by 26 soliciting comments concerning Form Requests for additional information or U.S.C. 6103. copies of the form and instructions 8316, Information Regarding Request for Request for Comments: Comments Refund of Social Security Tax should be directed to Joel Goldberger, submitted in response to this notice will (202) 622–9368, at Internal Revenue Erroneously Withheld on Wages be summarized and/or included in the Received by a Nonresident Alien on an Service, Room 6129, 1111 Constitution request for OMB approval. All Avenue, NW., Washington, DC 20224, F, J, or M Type Visa. comments will become a matter of DATES: Written comments should be or through the Internet at public record. [email protected]. received on or before July 19, 2010 to be Comments are invited on: (a) Whether assured of consideration. the collection of information is SUPPLEMENTARY INFORMATION: ADDRESSES: Direct all written comments necessary for the proper performance of Title: IRS e-file Signature to Gerald Shields, Internal Revenue the functions of the agency, including Authorization for Form 1065. Service, Room 6129, 1111 Constitution whether the information shall have OMB Number: 1545–2042. Avenue, NW., Washington, DC 20224. practical utility; (b) the accuracy of the Form Number: Form 8879–PE.

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Abstract: New Modernized e-file DEPARTMENT OF THE TREASURY The following paragraph applies to all Form for partnerships under Internal of the collections of information covered Revenue Code sections 6109 and 6103. Internal Revenue Service by this notice: An agency may not conduct or Current Actions: There is no change Proposed Collection; Comment sponsor, and a person is not required to in the paperwork burden previously Request for Form 1040EZ–T respond to, a collection of information approved by OMB. This form is being unless the collection of information submitted for renewal purposes only. AGENCY: Internal Revenue Service (IRS), Treasury. displays a valid OMB control number. Type of Review: Extension of a Books or records relating to a collection ACTION: Notice and request for currently approved collection. of information must be retained as long comments. Affected Public: Businesses and other as their contents may become material for-profit organizations. SUMMARY: The Department of the in the administration of any internal Treasury, as part of its continuing effort revenue law. Generally, tax returns and Estimated Number of Respondents: to reduce paperwork and respondent tax return information are confidential, 500. burden, invites the general public and as required by 26 U.S.C. 6103. Estimated Time per Respondent: 4 other Federal agencies to take this Request for Comments: Comments hours 3 minutes. opportunity to comment on proposed submitted in response to this notice will Estimated Total Annual Burden and/or continuing information be summarized and/or included in the request for OMB approval. All Hours: 2,025. collections, as required by the Paperwork Reduction Act of 1995, comments will become a matter of The following paragraph applies to all Public Law 104–13 (44 U.S.C. public record. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Comments are invited on: (a) Whether by this notice: soliciting comments concerning Form the collection of information is An agency may not conduct or 1040EZ–T, Claim for Refund of Federal necessary for the proper performance of sponsor, and a person is not required to Telephone Excise Tax. the functions of the agency, including whether the information shall have respond to, a collection of information DATES: Written comments should be unless the collection of information received on or before July 19, 2010 to be practical utility; (b) the accuracy of the displays a valid OMB control number. assured of consideration. agency’s estimate of the burden of the collection of information; (c) ways to Books or records relating to a collection ADDRESSES: Direct all written comments enhance the quality, utility, and clarity of information must be retained as long to Gerald Shields, Internal Revenue of the information to be collected; (d) as their contents may become material Service, Room 6129, 1111 Constitution ways to minimize the burden of the in the administration of any internal Avenue, NW., Washington, DC 20224. collection of information on revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: respondents, including through the use tax return information are confidential, Requests for additional information or of automated collection techniques or as required by 26 U.S.C. 6103. copies of the form and instructions other forms of information technology; Request for Comments: Comments should be directed to Joel Goldberger at and (e) estimates of capital or start-up submitted in response to this notice will Internal Revenue Service, Room 6129, costs and costs of operation, be summarized and/or included in the 1111 Constitution Avenue, NW., maintenance, and purchase of services Washington, DC 20224, or at (202) 622– request for OMB approval. All to provide information. 9368, or through the Internet at comments will become a matter of [email protected]. Approved: May 4, 2010. public record. Gerald Shields, SUPPLEMENTARY INFORMATION: IRS Reports Clearance Office. Comments are invited on: (a) Whether Title: Claim for Refund of Federal the collection of information is Telephone Excise Tax. [FR Doc. 2010–12046 Filed 5–19–10; 8:45 am] necessary for the proper performance of OMB Number: 1545–2039. BILLING CODE 4830–01–P the functions of the agency, including Form Number: 1040EZ–T. whether the information shall have Abstract: Form 1040EZ–T was practical utility; (b) the accuracy of the developed as a result of Notice 2006–50. DEPARTMENT OF THE TREASURY agency’s estimate of the burden of the The purpose of the form is to allow Internal Revenue Service collection of information; (c) ways to individuals that are not required to file enhance the quality, utility, and clarity an individual income tax return to claim Proposed Collection; Comment of the information to be collected; (d) a refund of the federal telephone excise Request for Revenue Procedure 2004– ways to minimize the burden of the taxes paid. The taxes must have been 15 collection of information on paid after February 28, 2003 and before respondents, including through the use August 1, 2006. This form can only be AGENCY: Internal Revenue Service (IRS), of automated collection techniques or filed once. Treasury. other forms of information technology; Current Actions: There are no changes ACTION: Notice and request for and (e) estimates of capital or start-up being made to the form at this time. comments. Type of Review: Extension of a costs and costs of operation, currently approved collection. SUMMARY: The Department of the maintenance, and purchase of services Affected Public: Individuals or Treasury, as part of its continuing effort to provide information. households. to reduce paperwork and respondent Approved: May 4, 2010. Estimated Number of Respondents: burden, invites the general public and Gerald Shields, 1,000,000. other Federal agencies to take this Estimated Time per Respondent: 2 opportunity to comment on proposed IRS Reports Clearance Officer. hours, 26 minutes. and/or continuing information [FR Doc. 2010–12048 Filed 5–19–10; 8:45 am] Estimated Total Annual Burden collections, as required by the BILLING CODE 4830–01–P Hours: 2,430,000. Paperwork Reduction Act of 1995,

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Public Law 104–13 (44 U.S.C. Comments are invited on: (a) Whether SUPPLEMENTARY INFORMATION: 3506(c)(2)(A)). Currently, the IRS is the collection of information is Title: Advanced Insurance soliciting comments concerning necessary for the proper performance of Commissions. Revenue Procedure 2004–15, Waivers of the functions of the agency, including OMB Number: 1545–1736. Minimum Funding Standards. whether the information shall have Revenue Procedure Number: Revenue DATES: Written comments should be practical utility; (b) the accuracy of the Procedure 2001–24. received on or before July 19, 2010 to be agency’s estimate of the burden of the Abstract: A taxpayer that wants to assured of consideration. collection of information; (c) ways to obtain automatic consent to change its method of accounting for cash advances ADDRESSES: Direct all written comments enhance the quality, utility, and clarity on commissions paid to its agents must to Gerald Shields, Internal Revenue of the information to be collected; (d) agree to the specified terms and Service, Room 6129, 1111 Constitution ways to minimize the burden of the conditions under the revenue Avenue, NW., Washington, DC 20224. collection of information on respondents, including through the use procedure. This agreement is ratified by FOR FURTHER INFORMATION CONTACT: of automated collection techniques or attaching the required statement to the Requests for additional information or other forms of information technology; federal income tax return for the year of copies of the revenue procedure should and (e) estimates of capital or start-up change. be directed to Joel Goldberger, at (202) costs and costs of operation, Current Actions: There are no changes 927–9368, or at Internal Revenue maintenance, and purchase of services being made to the revenue procedure at Service, Room 6129, 1111 Constitution to provide information. this time. Avenue, NW., Washington, DC 20224, Type of Review: Extension of a Approved: May 4, 2010. or through the Internet at currently approved collection. [email protected]. Gerald Shields, Affected Public: Business or other for- IRS Supervisory Tax Analyst. SUPPLEMENTARY INFORMATION: profit organizations. Title: Waivers of Minimum Funding [FR Doc. 2010–12045 Filed 5–19–10; 8:45 am] Estimated Number of Respondents: Standards. BILLING CODE 4830–01–P 5,270. OMB Number: 1545–1873. Estimated Time per Respondent: 15 Revenue Procedure Number: Revenue minutes. Procedure 2004–15. DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Hours: 1,318. Abstract: Revenue Procedure 2004–15 Internal Revenue Service describes the process for obtaining a The following paragraph applies to all waiver from the minimum funding Proposed Collection; Comment of the collections of information covered standards set forth in section 412 of the Request for Revenue Procedure 2001– by this notice: Code. 24 An agency may not conduct or Current Actions: There are no changes sponsor, and a person is not required to being made to the revenue procedure at AGENCY: Internal Revenue Service (IRS), respond to, a collection of information this time. Treasury. unless the collection of information Type of Review: Extension of a ACTION: Notice and request for displays a valid OMB control number. currently approved collection. comments. Books or records relating to a collection Affected Public: Business or other for- of information must be retained as long SUMMARY: profit organizations not-for-profit The Department of the as their contents may become material institutions, farms and state, local or Treasury, as part of its continuing effort in the administration of any internal tribal governments. to reduce paperwork and respondent revenue law. Generally, tax returns and Estimated Number of Respondents: burden, invites the general public and tax return information are confidential, 55. other Federal agencies to take this as required by 26 U.S.C. 6103. Estimated Annual Average Time per opportunity to comment on proposed Request for Comments: Comments Respondent: 172 hours. and/or continuing information submitted in response to this notice will Estimated Total Annual Hours: 9,460 collections, as required by the be summarized and/or included in the hours. Paperwork Reduction Act of 1995, request for OMB approval. All The following paragraph applies to all Public Law 104–13 (44 U.S.C. comments will become a matter of of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is public record. by this notice: soliciting comments concerning Comments are invited on: (a) Whether An agency may not conduct or Revenue Procedure 2001–24, Advanced the collection of information is sponsor, and a person is not required to Insurance Commissions. necessary for the proper performance of respond to, a collection of information DATES: Written comments should be the functions of the agency, including unless the collection of information received on or before July 19, 2010 to be whether the information shall have displays a valid OMB control number. assured of consideration. practical utility; (b) the accuracy of the Books or records relating to a collection ADDRESSES: Direct all written comments agency’s estimate of the burden of the of information must be retained as long to Gerald Shields, Internal Revenue collection of information; (c) ways to as their contents may become material Service, Room 6129, 1111 Constitution enhance the quality, utility, and clarity in the administration of any internal Avenue, NW., Washington, DC 20224. of the information to be collected; (d) revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the tax return information are confidential, Requests for additional information or collection of information on as required by 26 U.S.C. 6103. copies of the revenue procedure should respondents, including through the use Request for Comments: Comments be directed to Allan Hopkins at Internal of automated collection techniques or submitted in response to this notice will Revenue Service, Room 6129, 1111 other forms of information technology; be summarized and/or included in the Constitution Avenue, NW., Washington, and (e) estimates of capital or start-up request for OMB approval. All DC 20224, or at (202) 622–6665, or costs and costs of operation, comments will become a matter of through the Internet at maintenance, and purchase of services public record. [email protected]. to provide information.

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Approved: May 4, 2010. proposed regulations affect partnerships DEPARTMENT OF THE TREASURY Gerald Shields, that invest in qualified small business IRS Reports Clearance Officer. stock and their partners. This document Internal Revenue Service [FR Doc. 2010–12044 Filed 5–19–10; 8:45 am] also provides notice of a public hearing [REG–209020–86] BILLING CODE 4830–01–P on the proposed regulations. Current Actions: There is no change to Proposed Collection; Comment this existing regulation. Request for Regulation Project DEPARTMENT OF THE TREASURY Type of Review: Extension of the AGENCY: Internal Revenue Service (IRS), Internal Revenue Service currently approved collection. Treasury. ACTION: Notice and request for [REG–150562–03] Affected Public: Individuals or households. comments. Proposed Collection; Comment Estimated Number of Respondents: SUMMARY: The Department of the Request for Regulation Project 1,000. Treasury, as part of its continuing effort AGENCY: Internal Revenue Service (IRS), Estimated Time per Respondent: 1 to reduce paperwork and respondent Treasury. hour. burden, invites the general public and ACTION: other Federal agencies to take this Notice and request for Estimated Total Annual Burden comments. opportunity to comment on proposed Hours: 1,000. and/or continuing information SUMMARY: The Department of the The following paragraph applies to all collections, as required by the Treasury, as part of its continuing effort of the collections of information covered Paperwork Reduction Act of 1995, to reduce paperwork and respondent by this notice: Public Law 104–13 (44 U.S.C. burden, invites the general public and 3506(c)(2)(A)). Currently, the IRS is An agency may not conduct or other Federal agencies to take this soliciting comments concerning an sponsor, and a person is not required to opportunity to comment on proposed existing notice of proposed rulemaking and/or continuing information respond to, a collection of information and temporary regulation, REG–209020– collections, as required by the unless the collection of information 86 (TD 8210), Foreign Tax Credit; Paperwork Reduction Act of 1995, displays a valid OMB control number. Notification and Adjustment Due to Public Law 104–13 (44 U.S.C. Books or records relating to a collection Foreign Tax Redeterminations 3506(c)(2)(A)). Currently, the IRS is of information must be retained as long (§§ 1.905–3T, 1.905–4T, 1.905–5T and soliciting comments concerning an as their contents may become material 301.6689–IT). existing proposed regulation, REG– in the administration of any internal DATES: Written comments should be 150562–03 (NPRM), Section 1045 revenue law. Generally, tax returns and received on or before July 19, 2010 to be Application to Partnerships. tax return information are confidential, assured of consideration. DATES: Written comments should be as required by 26 U.S.C. 6103. ADDRESSES: Direct all written comments received on or before July 19, 2010 to be Request for Comments: Comments to Gerald Shields, Internal Revenue assured of consideration. submitted in response to this notice will Service, Room 6129, 1111 Constitution ADDRESSES: Direct all written comments be summarized and/or included in the Avenue, NW., Washington, DC 20224. to Gerald Shields, Internal Revenue request for OMB approval. All FOR FURTHER INFORMATION CONTACT: Service, Room 6129, 1111 Constitution comments will become a matter of Requests for additional information or Avenue, NW., Washington, DC 20224. public record. copies of the regulations should be FOR FURTHER INFORMATION CONTACT: Comments are invited on: (a) Whether directed to Allan Hopkins at Internal Requests for additional information or the collection of information is Revenue Service, Room 6129, 1111 copies of the regulations should be necessary for the proper performance of Constitution Avenue, NW., Washington, directed to Allan Hopkins at Internal the functions of the agency, including DC 20224, or at (202) 622–6665, or Revenue Service, Room 6129, 1111 through the Internet at whether the information shall have Constitution Avenue, NW., Washington, [email protected]. practical utility; (b) the accuracy of the DC 20224, or at (202) 622–6665, or agency’s estimate of the burden of the SUPPLEMENTARY INFORMATION: through the Internet at Title: Foreign Tax Credit; Notification [email protected]. collection of information; (c) ways to enhance the quality, utility, and clarity and Adjustment Due to Foreign Tax SUPPLEMENTARY INFORMATION: of the information to be collected; (d) Redeterminations. Title: Section 1045 Application to ways to minimize the burden of the OMB Number: 1545–1056. Regulation Project Number: REG– Partnerships. collection of information on OMB Number: 1545–1893. 209020–86 (formerly INTL–61–86). respondents, including through the use Regulation Project Number: REG– Abstract: This regulation relates to a 150562–03. of automated collection techniques or taxpayer’s obligation under section Abstract: This document contains other forms of information technology; 905(c) of the Internal Revenue Code to proposed regulations relating to the and (e) estimates of capital or start-up file notification of a foreign tax application of section 1045 of the costs and costs of operation, redetermination, to make adjustments to Internal Revenue Code (Code) to maintenance, and purchase of services a taxpayer’s pools of foreign taxes and partnerships and their partners. These to provide information. earnings and profits, and the imposition regulations provide rules regarding the Approved: April 22, 2010. of the civil penalty for failure to file deferral of gain on a partnership’s sale Allan Hopkins, such notice or report such adjustments. of qualified small business stock and Current Actions: There is no change to deferral of gain on a partner’s sale of Tax Analyst. this existing regulation. qualified small business stock [FR Doc. 2010–12043 Filed 5–19–10; 8:45 am] Type of Review: Extension of distributed by a partnership. The BILLING CODE 4830–01–P currently approved collection.

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Affected Public: Individuals and SUMMARY: The Department of the Books or records relating to a collection business or other for-profit Treasury, as part of its continuing effort of information must be retained as long organizations. to reduce paperwork and respondent as their contents may become material Estimated Number of Respondents: burden, invites the general public and in the administration of any internal 10,000. other Federal agencies to take this revenue law. Generally, tax returns and Estimated Time per Respondent: 1 opportunity to comment on proposed tax return information are confidential, hour. and/or continuing information as required by 26 U.S.C. 6103. Estimated Total Annual Burden collections, as required by the Request for Comments: Comments Hours: 10,000. Paperwork Reduction Act of 1995, submitted in response to this notice will The following paragraph applies to all Public Law 104–13 (44 U.S.C. be summarized and/or included in the of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is request for OMB approval. All by this notice: soliciting comments concerning an comments will become a matter of An agency may not conduct or existing final regulation, PS–260–82 (TD public record. sponsor, and a person is not required to 8449), Election, Revocation, Comments are invited on: (a) Whether respond to, a collection of information Termination, and Tax Effect of the collection of information is unless the collection of information Subchapter S Status (§§ 1.1362–1 necessary for the proper performance of displays a valid OMB control number. through 1.1362–7). the functions of the agency, including Books or records relating to a collection DATES: Written comments should be whether the information shall have of information must be retained as long received on or before July 19, 2010 to be practical utility; (b) the accuracy of the as their contents may become material assured of consideration. agency’s estimate of the burden of the in the administration of any internal collection of information; (c) ways to ADDRESSES: Direct all written comments revenue law. Generally, tax returns and enhance the quality, utility, and clarity to Gerald Shields, Internal Revenue tax return information are confidential, of the information to be collected; (d) Service, Room 6129, 1111 Constitution as required by 26 U.S.C. 6103. ways to minimize the burden of the Avenue, NW., Washington, DC 20224. Request for Comments: Comments collection of information on submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: respondents, including through the use be summarized and/or included in the Requests for additional information or of automated collection techniques or request for OMB approval. All copies of the regulation should be other forms of information technology; comments will become a matter of directed to Allan Hopkins, at (202) 622– and (e) estimates of capital or start-up public record. 6665, or at Internal Revenue Service, costs and costs of operation, Comments are invited on: (a) Whether Room 6129, 1111 Constitution Avenue, maintenance, and purchase of services the collection of information is NW., Washington, DC 20224, or through to provide information. necessary for the proper performance of the Internet, at the functions of the agency, including [email protected]. Approved: April 22, 2010. Allan Hopkins, whether the information shall have SUPPLEMENTARY INFORMATION: practical utility; (b) the accuracy of the Title: Election, Revocation, Tax Analyst. agency’s estimate of the burden of the Termination, and Tax Effect of [FR Doc. 2010–12041 Filed 5–19–10; 8:45 am] collection of information; (c) ways to Subchapter S Status. BILLING CODE 4830–01–P enhance the quality, utility, and clarity OMB Number: 1545–1308. of the information to be collected; (d) Regulation Project Number: PS–260– ways to minimize the burden of the 82. DEPARTMENT OF THE TREASURY collection of information on Abstract: Section 1362 of the Internal Internal Revenue Service respondents, including through the use Revenue Code provides for the election, of automated collection techniques or termination, and tax effect of subchapter Proposed Collection; Comment other forms of information technology; S status. Sections 1.1362–1 through Request for Notice 2006–109 and (e) estimates of capital or start-up 1.1362–7 of this regulation provides the costs and costs of operation, specific procedures and requirements AGENCY: Internal Revenue Service (IRS), maintenance, and purchase of services necessary to implement Code section Treasury. to provide information. 1362, including the filing of various ACTION: Notice and request for Approved: April 22, 2010. elections and statements with the comments. Allan Hopkins, Internal Revenue Service. Current Actions: There are no changes SUMMARY: The Department of the Tax Analyst. being made to this existing regulation. Treasury, as part of its continuing effort [FR Doc. 2010–12042 Filed 5–19–10; 8:45 am] Type of Review: Extension of a currently to reduce paperwork and respondent BILLING CODE 4830–01–P approved collection. burden, invites the general public and Affected Public: Individuals or other Federal agencies to take this households, business or other for-profit opportunity to comment on proposed DEPARTMENT OF THE TREASURY organizations, and farms. and/or continuing information collections, as required by the Internal Revenue Service Estimated Number of Respondents: 133. Paperwork Reduction Act of 1995, [PS–260–82] Estimated Time per Respondent: 2 Public Law 104–13 (44 U.S.C. hours, 25 minutes. 3506(c)(2)(A)). Currently, the IRS is Proposed Collection; Comment Estimated Total Annual Burden soliciting comments concerning Notice Request for Regulation Project Hours: 322. 2006–109, Interim Guidance Regarding Supporting Organizations and Donor AGENCY: Internal Revenue Service (IRS), An agency may not conduct or Advised Funds. Treasury. sponsor, and a person is not required to respond to, a collection of information DATES: Written comments should be ACTION: Notice and request for unless the collection of information received on or before July 19, 2010 to be comments. displays a valid OMB control number. assured of consideration.

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ADDRESSES: Direct all written comments collection of information; (c) ways to Foreign Consular Offices and to Gerald Shields, Internal Revenue enhance the quality, utility, and clarity International Organizations in the Service, Room 6129, 1111 Constitution of the information to be collected; (d) United States. Avenue, NW., Washington, DC 20224. ways to minimize the burden of the OMB Number: 1545–2045. FOR FURTHER INFORMATION CONTACT: collection of information on Announcement Number: 2006–95, Requests for additional information or respondents, including through the use (IRB 2006–50). copies of notice should be directed to of automated collection techniques or Abstract: The IRS has determined a Joel Goldberger at (202) 927–9368 or at other forms of information technology; substantial number of U.S. citizens and Internal Revenue Service, Room 6129, and (e) estimates of capital or start-up lawful permanent residents working in 1111 Constitution Avenue, NW., costs and costs of operation, the international community have failed Washington, DC 20224, or through the maintenance, and purchase of services to fulfill their U.S. tax obligations. The Internet at [email protected]. to provide information. IRS needs the information in order to SUPPLEMENTARY INFORMATION: Approved: May 4, 2010. apply the terms of the settlement and Title: Interim Guidance Regarding Gerald Shields, determine the amount of taxes, Supporting Organizations and Donor IRS Reports Clearance Officer. applicable statutory interest and Advised Funds. [FR Doc. 2010–12036 Filed 5–19–10; 8:45 am] penalties. The respondents are individuals employed by foreign OMB Number: 1545–2050. BILLING CODE 4830–01–P Notice Number: Notice 2006–109. embassies, foreign consular offices or Abstract: This notice provides interim international organizations in the guidance regarding application of new DEPARTMENT OF THE TREASURY United States. or revised requirements under sections Current Actions: There are no changes 1231 and 1241–1244 of the Pension Internal Revenue Service being made to this notice. Protection Act of 2006. It also provides [Announcement 2006–95 (IRB 2006–50)] Type of Review: New collection. interim relief from application of new Affected Public: Individuals or excise taxes on private foundation Proposed Collection; Comment households. grants to supporting organizations and Request for Announcement Estimated Number of Respondents: on sponsoring organizations of donor 5,500. AGENCY: advised funds. Internal Revenue Service (IRS), Estimated Time per Respondent: 2 Current Actions: There are no changes Treasury. hours. being made to the notice at this time. ACTION: Notice and request for Estimated Total Annual Burden Type of Review: Extension of a comments. Hours: 11,000. An agency may not conduct or currently approved collection. SUMMARY: The Department of the Affected Public: Not-for-profit Treasury, as part of its continuing effort sponsor, and a person is not required to institutions. to reduce paperwork and respondent respond to, a collection of information Estimated Number of Respondents: burden, invites the general public and unless the collection of information 65,000. other Federal agencies to take this displays a valid OMB control number. Estimated Time per Respondent: 9 opportunity to comment on proposed Books or records relating to a collection hours, 25 minutes. and/or continuing information of information must be retained as long Estimated Total Annual Burden collections, as required by the as their contents may become material Hours: 612,294. Paperwork Reduction Act of 1995, in the administration of any internal The following paragraph applies to all Public Law 104–13 (44 U.S.C. revenue law. Generally, tax returns and of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is tax return information are confidential, by this notice: soliciting comments concerning as required by 26 U.S.C. 6103. An agency may not conduct or Announcement 151178–06, Settlement Request for Comments: Comments sponsor, and a person is not required to Initiative for Employees of Foreign submitted in response to this notice will respond to, a collection of information Embassies, Foreign Consular Offices and be summarized and/or included in the unless the collection of information International Organizations in the request for OMB approval. All displays a valid OMB control number. United States. comments will become a matter of Books or records relating to a collection public record. DATES: Written comments should be of information must be retained as long Comments are invited on: (a) Whether received on or before July 19, 2010 to be as their contents may become material the collection of information is assured of consideration. in the administration of any internal necessary for the proper performance of revenue law. Generally, tax returns and ADDRESSES: Direct all written comments the functions of the agency, including tax return information are confidential, to Gerald Shields, Internal Revenue whether the information shall have as required by 26 U.S.C. 6103. Service, Room 6129, 1111 Constitution practical utility; (b) the accuracy of the Request for Comments: Comments Avenue, NW., Washington, DC 20224. agency’s estimate of the burden of the submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: collection of information; (c) ways to be summarized and/or included in the Requests for additional information or enhance the quality, utility, and clarity request for OMB approval. All copies of the announcement should be of the information to be collected; (d) comments will become a matter of directed to Joel Goldberger at Internal ways to minimize the burden of the public record. Revenue Service, Room 6129, 1111 collection of information on Comments are invited on: (a) Whether Constitution Avenue, NW., Washington, respondents, including through the use the collection of information is DC 20224, or at (202) 927–9368, or of automated collection techniques or necessary for the proper performance of through the Internet at other forms of information technology; the functions of the agency, including [email protected]. and (e) estimates of capital or start-up whether the information shall have SUPPLEMENTARY INFORMATION: costs and costs of operation, practical utility; (b) the accuracy of the Title: Settlement Initiative for maintenance, and purchase of services agency’s estimate of the burden of the Employees of Foreign Embassies, to provide information.

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Approved: May 5, 2010. possession source investment income is Approved: April 22, 2010. Gerald Shields, entitled to a quasi-tax exemption by Allan Hopkins, IRS Reports Clearance Officer. reason of the U.S. possessions tax credit Tax Analyst. [FR Doc. 2010–12037 Filed 5–19–10; 8:45 am] under Code section 936(a) and [FR Doc. 2010–12034 Filed 5–19–10; 8:45 am] BILLING CODE 4830–01–P substantial tax exemptions in Puerto BILLING CODE 4830–01–P Rico. Code section 936(d)(4)(C) places certification requirements on the DEPARTMENT OF THE TREASURY recipient of the investment and the DEPARTMENT OF THE TREASURY qualified financial institution; and Internal Revenue Service recordkeeping requirements on the Bureau of Engraving and Printing [INTL–955–86] financial institution and the recipient of the investment funds to enable the IRS Meaningful Access to United States Proposed Collection; Comment to verify that the investment funds are Currency for Blind and Visually Request for Regulation Project being used properly and in accordance Impaired Persons with the Caribbean Basin Economic AGENCY: AGENCY: Internal Revenue Service (IRS), Bureau of Engraving and Recovery Act. Printing, Department of the Treasury. Treasury. Current Actions: There is no change to ACTION: Notice of proposed agency ACTION: Notice and request for this existing regulation. action and request for public comments. comments. Type of Review: Extension of a currently approved collection. SUMMARY: The Department of the SUMMARY: The Department of the Treasury, as part of its continuing effort Affected Public: Business or other for- Treasury (Treasury) and the Bureau of to reduce paperwork and respondent profit organizations. Engraving and Printing (BEP) are issuing burden, invites the general public and Estimated Number of Recordkeepers: this Notice pursuant to the ruling in other Federal agencies to take this 50. American Council of the Blind v. opportunity to comment on proposed Estimated Time per Recordkeeper: 30 Paulson that ordered Treasury to and/or continuing information hours. provide meaningful access to U.S. collections, as required by the Estimated Total Annual currency to people who are blind and Paperwork Reduction Act of 1995, Recordkeeping Hours: 1,500. visually impaired pursuant to section Public Law 104–13 (44 U.S.C. The following paragraph applies to all 504 of the Rehabilitation Act of 1973, as 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered amended. BEP seeks to develop a soliciting comments concerning an by this notice: solution that fully complies with the existing final regulation, INTL–955–86 An agency may not conduct or Court’s order and provides people who (TD 8350), Requirements For sponsor, and a person is not required to are blind and visually impaired Investments to Qualify Under Section respond to, a collection of information meaningful access to U.S. currency, 936(d)(4) As Investments in Qualified unless the collection of information while also giving appropriate Caribbean Basin Countries (§ 1.936– displays a valid OMB control number. consideration to the interests of 10(c)). Books or records relating to a collection domestic and international users of of information must be retained as long currency, U.S. businesses, and cash DATES: Written comments should be as their contents may become material handling and cash-intensive industries. received on or before July 19, 2010 to be in the administration of any internal The purposes of this Federal Register assured of consideration. revenue law. Generally, tax returns and Notice are to inform the public of the ADDRESSES: Direct all written comments tax return information are confidential, features that BEP intends to propose to to Gerald Shields, Internal Revenue as required by 26 U.S.C. 6103. the Secretary of the Treasury to Service, Room 6129, 1111 Constitution Request for Comments: Comments accommodate people who are blind and Avenue, NW., Washington, DC 20224. submitted in response to this notice will visually impaired in denominating U.S. FOR FURTHER INFORMATION CONTACT: be summarized and/or included in the currency, and to solicit public comment Requests for additional information or request for OMB approval. All on the proposed accommodations. copies of the regulation should be comments will become a matter of DATES: Submit comments on or before directed to Allan Hopkins at Internal public record. August 18, 2010. Revenue Service, Room 6129, 1111 Comments are invited on: (a) Whether ADDRESSES: See SUPPLEMENTARY Constitution Avenue, NW., Washington, the collection of information is INFORMATION section for meeting DC 20224, or at (202) 622–6665, or necessary for the proper performance of addresses and information about through the Internet at the functions of the agency, including submitting public comments. [email protected]. whether the information shall have FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: practical utility; (b) the accuracy of the Ellen Gano, 202–874–1200. Title: Requirements For Investments agency’s estimate of the burden of the to Qualify Under Section 936(d)(4) As collection of information; (c) ways to SUPPLEMENTARY INFORMATION: Investments in Qualified Carribean enhance the quality, utility, and clarity By statute, the Secretary of the Basin Countries. of the information to be collected; (d) Treasury has sole authority for OMB Number: 1545–1138. ways to minimize the burden of the approving designs of U.S. Federal Regulation Project Number: INTL– collection of information on Reserve notes (U.S. currency). To 955–86. respondents, including through the use develop the designs, Treasury works in Abstract: This regulation relates to the of automated collection techniques or collaboration with the Board of requirements that must be met for an other forms of information technology; Governors of the Federal Reserve investment to qualify under Internal and (e) estimates of capital or start-up System (Board) and the Department of Revenue code section 936(d)(4) as an costs and costs of operation, Homeland Security’s United States investment in qualified Caribbean Basin maintenance, and purchase of services Secret Service (USSS), through the countries. Income that is qualified to provide information. Advanced Counterfeit Deterrence (ACD)

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Steering Committee.1 As a general seeing but are able to read some print Recommendation Details guideline, the ACD has recommended (with or without corrective lenses). I. Tactile Feature: BEP will develop that Treasury redesign Federal Reserve and incorporate a raised tactile feature notes every seven to ten years to deter Summary of Proposed Design Modifications that will accommodate people who are counterfeiting by anticipating advances blind and visually impaired. This in technologies. The most recent Based upon the Study’s findings and feature will enable blind and visually redesign of the currency commenced in BEP’s own expertise in manufacturing impaired individuals to identify 2003, and the final note in that series of U.S. currency, BEP proposes to currency by touching the tactile feature. currency design is in production. As recommend to the Secretary of the The Study demonstrated that raised Treasury begins its design plans for a Treasury the following: tactile features allow most blind and new family of currency, Treasury and visually impaired individuals to BEP will incorporate additional features I. Tactile Feature. As part of the next currency redesign, BEP will develop denominate currency. Indeed, this kind to accommodate people who are blind of feature is used in some foreign and visually impaired. Although it is and deploy a raised tactile feature that builds upon current tactile feature currency, and the Study’s data indicated somewhat difficult to provide a specific that this feature was more effective than date or time frame as to when the technologies. The tactile feature will be unique to each Federal Reserve note virtually every other kind of redesign of this new family of currency accommodation tested, including will be completed, BEP is required by denomination that it may lawfully change, and will provide users with a different-sized notes. Additionally, a the Court’s order to ‘‘take such steps as raised tactile feature would not cause a may be required to provide meaningful means of identifying each denomination by way of touch.2 major disruption to the general access to United States currency for population because the notes will not blind and other visually impaired II. Large, High-Contrast Numerals. appear substantially different from their persons * * * not later than the date Consistent with current practice, BEP current form. when a redesign of that denomination is will continue its practice of adding BEP recognizes that implementing a next approved by the Secretary of the large, high-contrast numerals and raised tactile feature will pose some Treasury.’’ different and distinct color schemes to challenges. First, the Study showed that In anticipation of this endeavor, in each denomination that it is permitted current tactile technology wears out January of 2008, BEP commissioned a by law to alter to further assist visually eventually, so the effectiveness of the comprehensive study to (1) review and impaired citizens. feature diminishes over time. In analyze the needs of the blind and III. Supplemental Currency Reader addition, the Study showed that a raised visually impaired relating to the Program. BEP also proposes to tactile feature would impose costs on identification of U.S. currency through recommend to the Secretary of the both government and industry. For focus groups, surveys, and usability Treasury a supplemental measure that example, some major cash handlers tests; (2) examine various methods that will be taken in order to provide access expressed concern over stacking, might improve access to the currency by to U.S. currency. This measure would mechanical counting, examination, and the blind and visually impaired through involve a process to loan and distribute finishing processes of notes with raised discussions with subject matter experts, currency readers to the blind and tactile features. The banking industry foreign currency experts, and advocacy visually impaired at no cost to them. echoed the major cash handlers’ groups; (3) perform a cost impact BEP believes this process will concern of equipment malfunctions analysis of possible accommodations on ameliorate difficulties stemming from caused by jams and added concerns that various government and industry the transition that will occur during the increased jams would require higher sectors; and (4) provide a decision co-circulation of notes with and without inventory levels with associated model, by which BEP could evaluate a tactile feature and large, high contrast increased carrying costs to ensure various potential accommodations. See numerals, a transition which will persist sufficient cash would be available at all Final Report: Study to Address Options for many years after the introduction of times. In addition, BEP will need to put for Enabling the Blind and Visually the tactile-enhanced note. forth a comprehensive public education Impaired Community to Denominate program for all users of U.S. currency to In addition, BEP will continue to U.S. Currency, July 2009 (Study), which acquaint them with the new tactile explore emerging technological can be found on the BEP Web site at feature. solutions to provide access to U.S. http://www.bep.gov/uscurrency/ The selection of the raised tactile currency, such as the development of meaningfulaccess.html. feature will require additional targeted software to enable blind and visually research, testing, and consideration of Although there are a wide variety of impaired individuals to fully access the public comments. Nonetheless, the definitions and methodologies to define U.S. currency. Some of the options significant benefits of notes with a blindness and visual impairment, the include the development and tactile feature, including the excellent Study used the following definitions: it deployment of assistive software to accuracy results the blind and visually defined blind individuals as those who enable banknote denomination using impaired achieved with them, the ease have no useful vision for reading any cellular phones, computers, and of use evidenced both by the usability amount of print, and visually impaired imaging and reading devices. tests and applicable scientific research, individuals as those who have difficulty and the relatively minimal impact on 2 The Department of the Treasury is not permitted the general U.S. population, supports 1 The ACD Steering Committee was established to redesign the $1 note. The Omnibus by charter in 1982 to recommend designs to the Appropriations Act of 2009, Public Law 111–8, the inclusion of a raised tactile feature Secretary of the Treasury for Federal Reserve notes. Section 111, states that ‘‘None of the funds as a recommended accommodation The ACD Steering Committee is chaired by the appropriated in this Act or otherwise available to despite its challenges. Based on Treasury’s Under Secretary for Domestic Finance. the Department of the Treasury or the Bureau of experience, independent research, and Its members include the senior representatives from Engraving and Printing may be used to redesign the the Department of the Treasury, Treasury’s Bureau $1 Federal Reserve note.’’ In addition, the Court’s the Study, BEP believes it can develop of Engraving and Printing, the Federal Reserve October 3, 2008 order explicitly excluded the $1 a raised tactile feature that is durable System, and the USSS. note and the soon to be released $100 note. and can be incorporated into its existing

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manufacturing systems at a reasonable impairment is corrected with ordinary individual may receive a replacement cost, coincident with the introduction of eyeglasses or contact lenses. reader from the CRPC upon request if the next design series of U.S. currency. BEP is considering the scope of an the circumstances, such as a lost, BEP invites comment on its proposal appropriate verification framework to damaged, or obsolete reader, are to incorporate raised tactile features in determine eligibility to receive a reader. reasonable and warrant replacement. the next redesign of its currency. Specifically, it is considering a The CRPC will also establish a II. Large, High-Contrast Numerals: framework inspired by the eligibility selection of approved reader suppliers. BEP began incorporating large, high- requirements that the Library of BEP anticipates that more than one contrast numerals into Federal Reserve Congress uses when loaning library reader supplier may be authorized by notes beginning with the Series 1996 materials to blind and other disabled the CRPC to provide readers and will design $50 note in October 1997. In persons as set forth in 36 CFR 701.6. seek to keep costs low by requiring March 2008, BEP increased the size of Under that framework, applicants may suppliers to meet the lowest price in the large high contrast numeral with the submit verification of their eligibility order to be a program participant. The introduction of the Series 2006 $5 note. from a ‘‘competent authority.’’ BEP CRPC shall: The feedback received from visually would define a ‘‘competent authority as 1. Be responsible for overall impaired individuals has been positive. one of the following: doctors of implementation and operation of the This feature will be continued in the medicine, doctors of osteopathy, doctors program pursuant to a government new-design $100 note, which is the last of optometry, registered nurses, and contract; in the Series 2004 family of designs. licensed practical nurses. 2. Have the program operational Because BEP has experience printing Alternatively, if a person who is blind within six months after contract award; this feature and the visually impaired or visually impaired has verification of 3. Communicate with eligible persons community has provided positive visual impairment from another Federal via mail, Braille, e-mail, phone, fax, feedback on it, BEP proposes to agency, including the Social Security TTY, and Web site; continue using this feature in the next Administration, the Library of Congress, 4. Maintain a help desk for a design for U.S. currency. BEP is aware, or a State or local agency, that person minimum of ten hours a day, five days however, that there may be a number of need only submit a copy of that a week; options concerning the size, color, verification. BEP is inviting comments 5. Be able quickly to scale up or down placement, background contrast and on whether this verification system is staffing resources to react to demand on other features for these large numerals appropriate, or whether other the program; that may improve accessibility of frameworks would be more appropriate. 6. Accept requests for readers; currency for persons with low-vision. Parents or legal guardians of a blind 7. Verify eligibility, using the BEP invites comment from the public, or visually impaired child under 18, and appropriate criteria; including persons with low-vision, caregivers, legal guardians, or those 8. Within three weeks of receiving a about the best choices for the proposed with power of attorney for a U.S. citizen request, either provide a reader to a large, high-contrast numerals. or someone legally residing in the U.S. requester deemed eligible or inform said III. Supplemental Currency Reader may act as a proxy on behalf of the blind person that he or she does not meet the Program: BEP will establish a or visually impaired child or eligibility criteria; supplemental currency reader represented individual and request a 9. Establish a formal CRPC distribution program. The purpose of currency reader. BEP will require Authorized Supplier Program, with the program is to provide blind and verification for the child or represented documented contractual controls and visually impaired people a means that individual. agreements between the CRPC and each can be used independently to correctly BEP will solicit and award a single, supplier; identify the denomination of U.S. long-term contract to implement the 10. Monitor each supplier’s operation; currency. In compliance with legal currency reader program. The contractor 11. Certify each supplier’s reader requirements, BEP will loan a currency will be designated as the Currency products; reader device to all blind and visually Reader Program Coordinator (CRPC). 12. Publicize a list of approved impaired U.S. citizens and legal Once the program is operational, a suppliers and products; residents, who wish to avail themselves potentially eligible person may request 13. Establish payment mechanisms for of this program. The individual may a currency reader by contacting the authorized suppliers; borrow the reader for as long as the CRPC and completing and submitting a 14. Evaluate and possibly add new individual desires the assistance of the request form. Depending on the reader suppliers as they enter the reader. Before a reader is distributed, verification framework adopted, upon market; BEP first will verify that the requestor verification of eligibility, the person will 15. Suspend reader suppliers if they is eligible. be provided a reader. If an individual fail to perform; Under the reader program, believes that the CRPC erroneously 16. Establish internal controls to assist individuals who are United States denied him or her a reader, the BEP in preventing fraud, waste, and citizens or persons legally residing in individual may appeal the decision to abuse; and obtain an annual the United States who are blind or the appropriate authority at BEP, who independently verified SAS–70 Report visually impaired and who need a will be designated after BEP awards the (Type II) of those controls; reader to accurately identify the CRPC contract. 17. Maintain a database of each denomination of U.S. currency will be Except for the postage to mail person who requested a reader, was able to obtain a reader at no cost to the application forms to the CRPC, the user issued a reader, or was denied a reader, individual. BEP will define blind or should not have to expend any funds for and for readers issued, which reader visually impaired under the same the reader. Any fees for shipping and (including its serial number) was issued definition as the Study, with the the initial battery will be borne by the to which person; following change to the Study’s provider. Readers will be delivered by 18. Implement privacy controls; and definition of visual impairment: The mail. There will be a ‘‘one reader per 19. Ensure that all CRPC Authorized reader program will not extend to verified eligible person’’ limit. Though Suppliers are able and contractually visually impaired individuals whose there is a ‘‘one reader’’ limit, an eligible obligated to:

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a. Provide a reader that quickly and and where should the numerals be publicly available rulemaking materials, accurately denominates U.S. currency; placed on the note? including comments received on rules. b. Interact with verified eligible 3. What background colors would Follow the on-line instructions for persons via mail, Braille, e-mail, phone, provide the highest color contrast for submitting comments. You may also fax, TTY, and Web site; people who are visually impaired? e-mail electronic comments to c. Provide readers directly to verified 4. What technological solutions [email protected]. You may eligible persons if necessary; should BEP explore to help people who fax comments to 202–874–1212. Please d. Provide accessible instructional are blind and visually impaired mail any written comments to materials on how to use the reader; denominate currency? Meaningful Access, Bureau of Engraving e. Provide readers that use a non- 5. What is the nature of the burden, and Printing, Office of External proprietary battery; if any, on the general public of Relations, 14th and C Streets, SW., f. Provide readers with unique serial including a raised tactile feature on U.S. Room 530–1M, Washington, DC 20228. numbers for accountability; currency? In general, comments received will be g. Provide at least a one-year parts and 6. If there are any burdens imposed on published on Regulations.gov without labor warranty on each reader; the public by a raised tactile feature on change, including any business or h. Provide free return postage for currency, how can such burdens be personal information provided. malfunctioning readers and for warranty minimized? Comments received, including service; and 7. What is the nature of the burden, attachments and other supporting i. Recognize that the selection of a if any, on industry and business of materials, are part of the public record reader is based on the free market and including a raised tactile feature on U.S. and subject to public disclosure. Do not personal choice and that there is no currency? enclose any information in your minimum quantity of readers that the 8. If there are such burdens, how can comment or supporting materials that government guarantees from any they be minimized? you consider confidential or supplier. 9. Does the supplemental currency inappropriate for public disclosure. BEP will assess the structure of this reader program impose a burden on the You may also inspect and copy program on a continuing basis and blind and visually impaired? comments at: Treasury Department implement changes as needed to 10. If so, what are those burdens, and Library, Freedom of Information Act enhance its effectiveness or efficiency. how can they be minimized? (FOIA) collection, Room 1428, Main 11. Does a verification process of the Funding Treasury Building, 1500 Pennsylvania currency reader program inspired by the Avenue, NW., Washington, DC 20220. The Board pays BEP for its currency- Library of Congress process impose too Before visiting, you must call (202) 622– related expenses, which are primarily a great a burden on the blind and 0990 for an appointment. the costs of producing new currency. visually impaired? BEP’s costs associated with 12. If so, what are those burdens, and Public Forum incorporating the proposed tactile and how can they be minimized? BEP will host two open public forums large, high-contrast numeral features 13. Alternatively, if a person who is simultaneously on June 22, 2010. One would be funded by the Board, as are blind or visually impaired has will be held at the Eastern Currency the costs of other design elements for verification of visual impairment from Facility (14th and C Streets, SW., U.S. currency. BEP plans also to charge another Federal agency (such as the Washington, DC 20228) and the other at the Board for the costs associated with Social Security Administration or the Western Currency Facility (9000 the proposed currency readers. Because Library of Congress), or a State or local Blue Mound Road, Ft. Worth, TX the U.S. District Court for the District of agency, should BEP allow that person to 76131). BEP representatives will be Columbia determined that BEP is submit a copy of that verification in available to discuss the proposed required by the Rehabilitation Act to order to satisfy a proof of visual accommodations for meaningful access provide meaningful access to U.S. impairment requirement in order to and to hear public comment. currency, BEP believes these costs obtain a currency reader? If so, what Registration to attend the public forum represent a necessary expense that may burdens might this impose, and how (at either the Washington, DC or Fort be appropriately charged to the Board. can those burdens be minimized? Worth, TX facility) must be made by 14. Should BEP consider working Questions for Comment calling (877) 874–4114. Because the BEP with local governments and/or State is a secure Federal installation, all Treasury welcomes all comments and agencies to deliver the currency readers? attendees must pre-register for the suggestions regarding the proposed 15. Should BEP consider additional or public forum by providing their name solutions. Treasury is particularly different criteria when determining and are subject to magnetometer interested, however, in comments on eligibility for the currency reader inspection and their bags are subject to the specific questions set forth below: program? x-ray prior to entering and upon exiting 1. What would be the ideal placement 16. What administrative and/or the facility. To ensure your access, of the raised tactile feature? In what operational challenges does the please notify BEP of your intent to kind of pattern or patterns should the currency reader program create? attend by 5 p.m., EDT on June 18, 2010. raised tactile feature be arranged? 2. How should the large, high contrast Electronic Submission of Comments, Larry R. Felix, numerals be incorporated? In other Electronic Access and Mailing Address Director. words, what colors should BEP use, Regulations.gov offers the public the [FR Doc. 2010–12091 Filed 5–19–10; 8:45 am] what is the optimal size of the numerals, ability to comment on, search, and view BILLING CODE 4840–01–P

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Part II

Consumer Product Safety Commission 16 CFR Part 1107 Testing and Labeling Pertaining to Product Certification; Proposed Rule

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CONSUMER PRODUCT SAFETY Highway, Bethesda, MD 20814; (15 U.S.C. 2052(a)(2)) defines a COMMISSION telephone (301) 504–7923. children’s product, in part, as a Instructions: All submissions received consumer product designed or intended 16 CFR Part 1107 must include the agency name and primarily for children 12 and younger.) docket number for this proposed Section 14(a)(2)(A) of the CPSA also [CPSC Docket No. CPSC–2010–0038] rulemaking. All comments received may states that, before a children’s product RIN 3041–AC71 be posted without change, including subject to a children’s product safety any personal identifiers, contact rule is imported for consumption or Testing and Labeling Pertaining to information, or other personal warehousing or distributed in Product Certification information provided, to http:// commerce, the manufacturer or private www.regulations.gov. Do not submit labeler of such children’s product must AGENCY: Consumer Product Safety confidential business information, trade submit sufficient samples of the Commission. secret information, or other sensitive or children’s product ‘‘or samples that are ACTION: Proposed rule. protected information electronically. identical in all material respects to the Such information should be submitted product’’ to an accredited ‘‘third party SUMMARY: The Consumer Product Safety in writing. conformity assessment body’’ to be ‘‘ ’’ ‘‘ ’’ Commission ( CPSC or Commission ) Docket: For access to the docket to tested for compliance with the is issuing a proposed rule that would read background documents or children’s product safety rule. Based on establish requirements for a reasonable comments received, go to http:// such testing, the manufacturer or private testing program and for compliance and www.regulations.gov. labeler, under section 14(a)(2)(B) of the continuing testing for children’s CPSA, must issue a certificate that products.1 The proposal would also FOR FURTHER INFORMATION CONTACT: Randy Butturini, Project Manager, certifies that such children’s product address labeling of consumer products complies with the children’s product to show that the product complies with Office of Hazard Identification and Reduction, U.S. Consumer Product safety rule based on the assessment of certification requirements under a a third party conformity assessment reasonable testing program for Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; body accredited to perform such tests. nonchildren’s products or under Section 14(d)(2)(A) of the CPSA 301–504–7562; e-mail: compliance and continuing testing for requires the Commission to initiate a [email protected]. children’s products. The proposed rule program by which a manufacturer or would implement section 14(a) and (d) SUPPLEMENTARY INFORMATION: private labeler may label a consumer of the Consumer Product Safety Act A. Statutory Authority product as complying with the (‘‘CPSA’’), as amended by section 102(b) certification requirements. This of the Consumer Product Safety Section 14(a)(1) of the CPSA, (15 provision applies to all consumer Improvement Act of 2008 (‘‘CPSIA’’). U.S.C. 2063(a)(1)), as amended by products that are subject to a product DATES: Written comments and section 102 of the CPSIA, establishes safety rule administered by the submissions in response to this notice requirements for the testing and Commission. must be received by August 3, 2010. certification of products subject to a Section 14(d)(2)(B) of the CPSA consumer product safety rule under the ADDRESSES: requires the Commission to establish You may submit comments, CPSA or similar rule, ban, standard, or identified by Docket No. CPSC–2010– protocols and standards for: regulation under any other act enforced • 0038, by any of the following methods: Ensuring that a children’s product by the Commission and which are tested for compliance with a children’s Electronic Submissions imported for consumption or product safety rule is subject to testing warehousing or distributed in Submit electronic comments in the periodically and when there has been a commerce. Under section 14(a)(1)(A) of following way: Federal eRulemaking material change in the product’s design the CPSA, manufacturers and private Portal: http://www.regulations.gov. or manufacturing process, including the labelers must issue a certificate which Follow the instructions for submitting sourcing of component parts; ‘‘shall certify, based on a test of each • comments. Testing of random samples; product or upon a reasonable testing • To ensure timely processing of Verifying that a children’s product program, that such product complies comments, the Commission is no longer tested by a conformity assessment body with all rules, bans, standards, or accepting comments submitted by complies with applicable children’s regulations applicable to the product electronic mail (e-mail) except through product safety rules; and under the CPSA or any other Act • Safeguarding against the exercise of http://www.regulations.gov. enforced by the Commission.’’ CPSC undue influence on a third party Written Submissions regulations, at 16 CFR part 1110, limit conformity assessment body by a Submit written submissions in the the certificate requirement to importers manufacturer or private labeler. following way: and domestic manufacturers. Section Section 14(d)(2)(B)(iii) of the CPSA Mail/Hand delivery/Courier (for 14(a)(1)(B) of the CPSA further requires provides for verification that a paper, disk, or CD–ROM submissions), that the certificate provided by the children’s product tested by a preferably in five copies, to: Office of the importer or domestic manufacturer conformity assessment body complies Secretary, Consumer Product Safety ‘‘specify each such rule, ban, standard, with applicable children’s product Commission, Room 502, 4330 East West or regulation applicable to the product.’’ safety rules. At this time, the The certificate described in section Commission is not imposing any 1 The Commission voted 5–0 to approve 14(a)(1) of the CPSA is known as a verification obligations on publication of this proposed rule. Chairman Inez General Conformity Certification (GCC). manufacturers because the Commission Tenenbaum and Commissioners Nancy Nord and Section 14(a)(2) of the CPSA (15 intends to conduct the verification itself Anne Northup filed statements concerning this U.S.C. 2063(a)(2)) establishes testing under its inherent authorities while it action. These statements may be viewed on the Commission’s Web site at http://www.cpsc.gov/pr/ requirements for children’s products gains more experience with the testing statements.html or obtained from the Commission’s that are subject to a children’s product and certification requirements. When Office of the Secretary. safety rule. (Section 3(a)(2) of the CPSA the Commission finds that a children’s

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product accompanied by a certificate of participate in the meeting. Commission required certificate for children’s conformity does not pass the tests upon staff made presentations on specific products can be based on component which the certification was based, it topics and held breakout sessions on: part testing as described in proposed 16 may initiate an investigation of the • Sampling and statistical CFR part 1109, rather than testing of the manufacturer, third party conformity considerations; finished product, if components are assessment body, and any other relevant • Verification of third party test tested by a third party testing party in the supply chain, to determine results; conformity assessment body. the cause of the discrepancy. • Reasonable test programs and third Furthermore, these proposed rules The proposed rule would implement party testing; would allow importers to base their sections 14(a) and (d) of the CPSA, as • Challenges for small manufacturer/ product certification for a children’s amended by section 102(b) of the low-volume production; product on a certificate provided by a CPSIA, by: • Component testing and material foreign manufacturer as long as that • Defining the elements of a changes; and manufacturer has based its certificate on ‘‘reasonable testing program’’ for • Protection against undue influence. third party testing conducted by a third purposes of section 14(a)(1)(A) of the The notice also stated that the party conformity assessment body. CPSA; Commission wanted to use the • B. Responses to Comments on the Establishing the protocols and workshop to discuss possible options Notice of Availability and the Public standards for continuing testing of for implementing section 14 of the Workshop children’s products under section CPSA. Several hundred individuals 14(d)(2)(B)(i), (ii), and (iv) of the CPSA; attended the workshop. In connection with the public and workshop, the Commission invited • Describing the label that The Commission understands the economic ramifications that small public comment on its implementation manufacturers may place on a consumer of various aspects of section 14 of the product to show that the product businesses (and even large businesses) face regarding the testing costs required CPSA. complies with the certification The Federal Register notice requirements for purposes of section by section 102 of the CPSIA. Moreover, retailers and importers may be imposing announcing the meeting identified 14(d)(2)(A) of the CPSA. specific issues for public comment; for The proposed rule also builds upon significant additional testing cost on example, in the section titled, ‘‘What are previous documents and activities by manufacturers by requiring that the issues regarding additional third the Commission. For example, on products that have already been tested party testing of children’s products?’’ the November 3, 2009, Commission staff by a third party conformity assessment Commission asked: made available a draft guidance body be tested again by a specific third • Should the potential hazard (either document titled, ‘‘Guidance Document: party conformity assessment body the severity or the probability of Testing and Certification Requirements selected by the retailer or importer. The occurrence) be considered in Under the Consumer Product Safety Commission wants to emphasize to determining how frequently the Improvement Act of 2008.’’ The draft retailers and sellers of children’s periodic testing is conducted? For guidance document, which is available products that they can rely on at http://www.cpsc.gov/library/foia/ certificates provided by product example, should a product subject to a foia10/brief/102testing.pdf, was suppliers if those certificates are based consumer product safety rule, where the intended to provide the Commission’s on testing conducted by a third party potential hazard is death, be tested more interpretation of the requirements of conformity assessment body. Section frequently than a product where the section 102 of the CPSIA. Specifically, 19(b) of the CPSA provides that a potential hazard is some lesser degree of it sought to describe the Commission’s retailer or seller of a children’s product harm? If so, how might a rule position on a reasonable testing program shall not be subject to civil or criminal incorporate potential hazard into testing frequency? and how to certify that a product penalties for selling products that do not • complies with all rules, bans, standards, comply with applicable safety standards What changes should constitute a or other regulations applicable to the if it holds a certificate issued in ‘‘material change’’ in a product’s design product under the laws enforced by the accordance with section 14(a) of the or manufacturing process? Are there Commission. The guidance document CPSA to the effect that such consumer criteria by which one might determine also sought to explain when and how product conforms to all applicable whether a change is a ‘‘material’’ change? component testing to certain specific consumer product safety rules, unless For example, a material change in a requirements would be allowed. such person knows that such consumer product’s design or manufacturing Although the Commission never voted product does not conform. The process could be described as a change on whether to approve or to not approve Commission notes that section 19(b) of that affects the product’s ability to the issuance of the draft guidance the CPSA does not relieve any person of comply with a consumer product safety document, the draft did represent the the obligation to conduct a corrective rule. However, as a practical matter, it Commission staff’s thinking on the action should any product violate an may be difficult to determine what subject. Shortly thereafter, in the applicable safety standard and need to consumer product safety rules apply to Federal Register of November 13, 2009 be recalled. the product and the extent to which (74 FR 58611), the Commission In order to provide some relief from compliance with those rules is affected announced that it would hold a two-day testing costs, elsewhere in this issue of by a change. public workshop to discuss issues the Federal Register, the Commission See 74 FR at 58614. relating to the testing, certification, and has issued a separate proposed rule The Commission received 38 labeling of consumer products pursuant which would allow for testing of comments, and we discuss those to section 14 of the CPSA. The component parts as a basis for comments, and our responses, in parts workshop was held on December 10 certification of finished products in B.1 through B.12 of this document. To through 11, 2009, in Bethesda, certain circumstances. The Commission make it easier to identify comments and Maryland, and the Commission invited intends to make clear in the two our responses, the word ‘‘Comment’’ or interested parties to attend and proposed rules that, in some cases, the ‘‘Comments’’ will appear before the

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comment’s description, and the word involve less than the five elements certification bodies use to assess ‘‘Response’’ will appear before our outlined by CPSC in the notice for a continuing compliance. response. reasonable testing program. For One comment said that the example, because some regulations 1. The Reasonable Testing Program Commission must issue regulations require placement of a label, the clarifying what will constitute In the Federal Register notice comment said that ‘‘testing’’ in that ‘‘unacceptable or failing’’ test results for announcing the public workshop, the circumstance would consist of product testing. Additionally, the Commission had described a observing that the label was placed comment stated that the Commission’s ‘‘reasonable testing program’’ as properly. regulations should explicitly allow for consisting of: One comment stated that any testing • retesting prior to remanufacturing or Product specifications that describe program that results in an acceptable redesigning. One comment specifically the consumer product and list the safety confidence level that a product stated that the reasonable testing rules, standards, etc., with which the complies with the applicable standards program should be implemented for product must comply. The product should be considered an acceptable children’s products. specification should include a complete reasonable testing program. The Response: The Commission believes description of the product and any other comment also suggested that other that the five elements of a reasonable information, including, but not limited items, such as factory certification (to testing program are adaptable to to, a bill of materials, parts listing, raw recognized standards), audits, risk manufacturers’ and importers’ material selection and sourcing, and/or assessment plans, certification of a circumstances, are present in most model names or numbers of items manufacturer’s quality system, etc., testing programs (even if some of the necessary to describe the product and should be allowed as elements of a elements might seem trivial), and can be differentiate it from other products; reasonable testing plan. accomplished with seemingly little • Certification tests which are One comment suggested allowing effort. However, the five elements are performed on samples of the process capability testing, where, for a essential and should be included to manufacturer’s consumer product to continuous-flow process, first-run ensure a high degree of assurance of demonstrate that the product is capable samples are tested, as a form of compliance to the applicable rules, of passing the tests prescribed by the certification testing. The comment urged bans, standards, or regulations. standard; the Commission to allow a manufacturer • A production testing plan which to search ‘‘backwards’’ and ‘‘forwards’’ in For the product specification describes the tests that must be continuous-flow process for good component of a reasonable testing performed and the testing intervals to product in the event that a test during program, a manufacturer is not required provide reasonable assurance that the manufacturing shows noncompliance. to specify every component or raw products as produced meet all Several comments noted that, for material of a product. The manufacturer applicable safety rules; seasonal or short-run products, only is free to describe its product by model • A remedial action plan which must prototype samples may exist before number, general description, be employed whenever samples of the production begins. Some comments photograph, etc., as long as the product consumer product or results from any stated that neither the same materials is identifiable and differentiable from other tests used to assess compliance nor the same manufacturing processes other products. yield unacceptable or failing test results; were used to manufacture the prototype The Commission agrees that other and samples as would be used to elements such as risk assessment plans, • Documentation of the reasonable manufacture the consumer product. quality system certification, and factory testing program and how it was Multiple comments stated that the certifications could be added to provide implemented. relative hazard should be a factor in a manufacturer with a high degree of See 74 FR at 58613. determining the test frequency. Some assurance that the product produced Comments: Most comments addressed stated that higher risks should complies with all applicable the five elements of the reasonable necessitate a higher test frequency, and requirements. However, many methods testing program, either by suggesting where the perceived risk is low, third suggested in the comments would that the Commission allow for some party testing should not be mandatory require CPSC to assess and recognize or flexibility as to what constitutes a for some products. certify the certification services reasonable testing program or by One comment suggested that a providers and require the manufacturer suggesting specific exceptions or tests as manufacturer’s record of manufacturing and importer to purchase these part of a reasonable testing program. products with low-lead levels should certification services. The approach in Several comments expressed concern result in relaxed testing requirements. the proposed rule seeks to identify a that many manufacturers may not be One comment remarked on the method whereby a manufacturer or able to specify their products down to differences between conformity importer can independently establish a the component or raw material level assessment and certification. The reasonable testing program and establish because proprietary information from comment suggested that CPSC a set of minimum requirements for these offshore manufacturers may prevent regulations should clarify that a reasonable testing programs that reflect importers from knowing every ‘‘reasonable testing program’’ means a commonly used elements of a quality component of the products they conformity assessment process such as assurance/quality control system. If purchase. One comment noted that that in Annex A of ISO/IEC 17000 and process capability testing can ensure importers typically do not control the describe the five elements in generic with a high degree of assurance that the production process of the products they terms that avoid the implication that product is capable of meeting the import, so the Commission should ‘‘testing’’ will always be the evaluation applicable rules, bans, standards, or define a reasonable testing program activity. This comment noted that the regulations, that form of testing can be differently to address an importer’s phrase ‘‘production testing plan’’ is used for certification testing. Similarly, special circumstances. misleading in that only testing is techniques used during production to Another comment suggested that anticipated, and would expand the ensure, with a high degree of assurance, ‘‘reasonable’’ for some products would interpretation to include activities that the continuing production is

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compliant can be considered as program mentioned in section 14(a) of the testing requirements in existing acceptable production testing plans. the CPSA. However, the certification product safety standards to be For children’s products, section testing and the production testing plan acceptable in meeting the requirements 14(a)(2) of the CPSA requires in the reasonable testing program do of section 14 the CPSA, including manufacturers to submit ‘‘sufficient allow a wide latitude of actions in existing regulations with their own samples of the children’s product, or determining initial and continuing reasonable testing program samples that are identical in all material compliance to the applicable rules for a requirements. One comment noted that, respects to the product,’’ to a third party product. unless the Commission can show that conformity assessment bodies for Test results that indicate current industry testing programs are testing. A prototype manufactured with noncompliance to the applicable rules insufficient, no prescribed reasonable different materials or manufacturing are unacceptable or failing test results. testing program should be implemented. processes than the finished product Retesting, as a general matter, should One comment stated that CPSC should cannot be considered the same in all not be allowed because doing so may establish a safe harbor enforcement material respects as the finished product tempt unscrupulous parties to attempt policy regarding recognized programs. with respect to compliance. Therefore, to ‘‘test the product into compliance,’’ The comment noted that an enforcement section 14(a)(2) of the CPSA does not (i.e., to repeat testing a product until a policy that accepts participation in such allow for testing of prototype samples sample passes the test and then reject programs as demonstrable good faith, unless they are identical in all material the earlier unacceptable or failing test without imposition of civil or criminal respects to the finished product. The results). The intent of section 14 of the liability under CPSIA’s expanded proposed rule would extend the CPSA is to conduct tests to provide penalty limits, could act to promote requirement to test only prototype assurance that all the products being participation in effective certification samples that are identical in all material imported, warehoused, or distributed in programs. respects to the finished product that interstate commerce comply with all Response: Manufacturers will need to will be imported for consumption, applicable rules. ensure that any reasonable testing warehoused, or distributed in commerce 2. Flexibility in Testing programs, whether they are industry- to manufacturers of nonchildren’s specific programs or not, also conform products under section 14(a)(1) of the Comments: Many comments stressed the need for flexibility in test protocols. to the requirements of the CPSA and CPSA. any implementing regulations While the Commission agrees that a Some comments stated that the types of promulgated by the Commission. If, in higher risk level should necessitate a products are so varied that no one a manufacturer’s determination, a greater testing frequency, it should be prescribed system could be devised to prescribed testing program ensures with noted that risk and potential severity are effectively and efficiently apply to all of not indicators of the level of compliance them. Other comments noted that a high degree of assurance that the to the legal standards, regulations, rules, determining the number of samples to products distributed in commerce will and bans. Section 14 of the CPSA does be tested should be left to the comply with the applicable rules, then not allow for the exclusion of any manufacturer, who has intimate the manufacturer is free to choose that children’s product from third party knowledge of the product’s program for its product. CPSC cannot testing based on a perceived low level manufacturing process, to decide. generally consider all preexisting testing of risk. Thus, regardless of other existing Response: The Commission agrees regulations to be acceptable for means of determining compliance, that it is difficult to develop rigid purposes of complying with section 14 products must be tested for compliance protocols for testing across all categories of the CPSA. For example, preexisting to the applicable rules, bans, standards, of products, manufacturers, and CPSC regulations may not mandate or regulations. importers. A manufacturer may tailor third party conformity assessment body As for the conformity assessment the tests to the needs of the individual testing for children’s products because process in ISO/IEC 17000, the product, and the tests do not need to be those preexisting CPSC regulations were Commission does not consider it to be the same tests that are specified in the promulgated before the CPSIA’s equivalent to a reasonable testing applicable rules, provided that they are enactment. Further, nothing in section program. In sections 14(a) and at least as effective in assessing 14(a)(1) or 14(b) of the CPSA, nor 14(d)(2)(B) of the CPSA, testing is compliance. The proposed rule would section 3 of the CPSIA, which gives the specifically mentioned as the evaluation leave decisions on procedures, such as Commission the authority to issue activity. Thus, regardless of other means the number of samples to test, up to the regulations to implement the CPSIA, of determining compliance, products manufacturer provided that the testing requires the Commission to find must be tested for compliance to the plan provides a high degree of assurance industry testing programs to be applicable rules. The conformity that noncompliant products are not insufficient before implementing a assessment process mentioned in Annex introduced into the stream of commerce. reasonable testing program. A of ISO/IEC 17000 includes The proposed rule would not include attestations in its principles of 3. Existing Testing Programs any provision for a ‘‘safe harbor’’ conformity assessment. However, the Comments: One comment asked if the enforcement policy based on a CPSA requires the manufacturer to Toy Safety Certification Program manufacturer’s participation in a perform the attestation that its products initiated by the Toy Institute of America voluntary or industry-sponsored comply with the applicable rules. If the (TIA) could be accepted as a reasonable program, nor has the Commission manufacturer uses a third party testing program under section 14(a)(1) of recognized any such program as conformity assessment body to conduct the CPSA. Two other comments indicating compliance within the the testing of its products, then the recommended that CPSC recognize the requirements of the proposed rule. determination and attestation functions value of industry-specific certification Section 14 of the CPSA does not contain would be performed by two separate programs prescribing testing methods a ‘‘safe harbor’’ exception nor does it parties. Thus, the conformity for a product category and verifying establish any criteria by which the assessment process in ISO/IEC 17000 is conformance. Another two comments Commission could ‘‘recognize’’ testing not equivalent to the reasonable testing suggested that CPSC should consider programs for purposes of a ‘‘safe harbor.’’

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4. Random Samples not require random sampling unless a Response: While the Commission will In the Federal Register notice manufacturer produces 10,000 units of a provide general guidance on how to announcing the public workshop, the product at which time the product comply with the requirements of the Commission explained that section would be subject to the proposed CPSIA, manufacturers are responsible 14(d)(2)(B)(ii) of the CPSA refers to the periodic testing requirements. for fully understanding their ‘‘testing of random samples to ensure Regardless of how random sampling is manufacturing process and knowing continued compliance’’ and asked defined, section 14(d)(2)(B) of the CPSA how the regulations would apply to (among other things), ‘‘What constitutes requires samples to be tested. The their products. Because there may be a a ‘random’ sample?’’ See 74 FR at 58614. samples must be selected from products disproportionate effect on small-volume At the workshop itself, CPSC staff in production or supply and must be manufacturers relative to large volume manufacturers, the proposed rule would presented a statistically-based rationale tested by a third party conformity not require periodic testing for for selecting random samples. assessment body. Comments: Many comments Products manufactured in a production volumes of less than 10,000 suggested that the word ‘‘random’’ continuous-flow process ultimately units because certification and periodic should not be interpreted by its strict create individual products. If those testing costs are largely independent of manufacturing volume. Certification statistical definition, but should be products are subject to periodic testing, testing and testing after a material adapted to the product type, how it is the requirement for random samples change are still required and may be manufactured, and its intended use. may constrain where in the performed on portions of the finished One comment stated that random manufacturing process periodic testing product or representative samples that should be interpreted to mean free from samples are selected. In general, product are the same with respect to compliance overt selection bias and that it is more tests at a specific frequency are as the finished product. important that a sample be reasonably susceptible to transient events that could affect compliance and would be As for the comment regarding a representative of the population from SBREFA panel, the requirements for a which it is selected. One comment undetected. Random sampling has the capability of detecting such transient SBREFA panel only apply to the suggested that, with the assistance of Environmental Protection Agency and industry, the CPSC should develop events and is thus required to ensure continued compliance of the product. the Occupational Safety and Health guidelines regarding the circumstances Administration (OSHA). and elements to consider when 5. Challenges for Small Manufacturers/ 6. Verification of Third Party determining what constitutes a Low-Volume Production reasonable random sample. One Conformity Assessment Bodies comment mentioned the problems In the Federal Register notice Comments: Several comments associated with random sampling of announcing the public workshop, the suggested that the CPSC, rather than single-unit production and with very Commission asked, ‘‘What provisions (if manufacturers, should perform any small production volumes (less than 10, any) should be made for small verification of third party conformity for example). One comment noted that manufacturers and manufacturers with assessment bodies. Another comment some manufacturing processes are of a low production volumes and why?’’ See proposed that, upon demand by the continuous-flow type, and randomly 74 FR at 58614. The Commission CPSC, the conformity assessment body selecting a sample would be disruptive explained that specifying the frequency be required to produce a copy of the to the production system. Another of periodic testing or the number of mandatory or voluntary standard against comment stated that products that are random samples to be tested may be which the children’s product is being subjected to continuous testing with a inappropriate where the volume of tested, a copy of the test protocol used specified frequency should be exempt children’s products being manufactured for the test procedure, and a copy of the from any additional random testing. is low or where the children’s product test results that can be traced back to the Response: The Random House is one-of-a-kind. specific sample tested. Another Dictionary of the English Language Comments: Several comments were comment noted that variations in defines ‘‘random sampling’’ as ‘‘a method received specific to small manufacturers sample preparation by conformity of selecting a sample from a statistical who may not have the technical, legal, assessment bodies can and do lead to population in such a way that every or financial resources of large-volume differing test results. One comment, possible sample that could be selected manufacturers. One comment stressed noting lab-to-lab variations in test has the same probability of being the need for step-by-step guidance from results for the same product, suggested selected.’’ The Commission believes that the CPSC on how to follow the rules. that CPSC should require third party this is the most appropriate technical Another comment noted that, for very conformity assessment bodies to definition. It also seems more small production volumes (often one or conduct blind correlation studies and appropriate to use a definition where two custom items), testing of a lab audits. Another comment asserted both terms (random and sampling) are representative sample should be that proficiency testing is the only true defined together rather than two allowed to suffice for all items. Two outside independent verification option separate definitions, one of random and comments concurred with the draft for laboratories and should be limited to the second of sampling. More generally, Guidance Policy document text that did chemical tests only. terms such as a ‘‘representative’’ sample, not require periodic testing for Response: The Commission’s limited a ‘‘non-fraudulent’’ sample, or a ‘‘non- production volumes less than 10,000 resources preclude CPSC from directly golden’’ sample, do not have the units or once a year, whichever is less. conducting verification of the numerous underlying statistical attributes One comment suggested that, due to the conformity assessment bodies. As stated necessary to generalize about economic ramifications associated with earlier in part A of this document, at compliance of the untested portion of the development of a reasonable testing this time, the Commission is not the product population from the tested program, the CPSC should convene a proposing any verification obligations samples. Small Business Regulatory Enforcement on manufacturers because the With regard to low-volume Fairness Act (SBREFA) panel for this Commission intends to conduct the production, the proposed rule would rulemaking. verification itself under its inherent

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authorities while it gains more Sections 20 and 21 of the CPSA final rule resulting from this rulemaking experience with the testing and establish monetary and criminal become effective 180 days after its date certification requirements. Additionally, penalties for violations of section 19 of of publication in the Federal Register. the activities and requirements for the CPSA. Interested parties who believe that the accrediting conformity assessment effective date should be longer or 8. Certificates bodies are outside the scope of this shorter should submit a comment to the rulemaking. Comments: One comment urged the proposed rule. The comment should The Commission acknowledges that Commission to recognize the registered include the specific facts on which they variations in sample preparation can certification marks of recognized base their conclusion. lead to some differences in test results. product certification bodies, like those However, these variations should not be accredited under the OSHA NRTL 9. Reliance on Test Results of Others for significant enough to alter the general program for applicable product scopes, Certification Purposes determination of whether a product in lieu of paper certificates of Comments: Two comments noted that complies with the applicable children’s conformity. Another comment asserted a foreign manufacturer may supply the product safety rule. that the CPSC has no jurisdiction to same product to several importers, who As for proficiency testing (by which issue certification regulations except as would then be required to test the same the Commission means testing part of a reasonable labeling rule product. The comments considered conducted by an independent evaluator adopted under section 14 of the CPSA. such testing of the same product by of the competence of a ‘‘body’’ The comment argued that section 14(a) multiple importers to be wasteful and (organization, person, etc.) to perform of the CPSA gives the manufacturer the inefficient. Another comment stated that specific tasks), the Commission option to select its own form and importers of many products will be considers proficiency testing to be one medium to convey certification of overburdened with testing costs, option for domestic manufacturers and compliance with a CPSC standard. whereas manufacturers making one importers to use for verification Finally, the comment contended that product can efficiently test their purposes. However, the requirements section 14 of the CPSA does not products. The comment added that the for verifying that a children’s product authorize the Commission to adopt any importer would still be responsible for complies with the applicable children’s rule prescribing the content of the the product’s certificate, but would use product safety rules are not limited to certificate or method of its distribution. test data furnished by the manufacturer. only chemical tests. Another comment stated that the CPSC Finally, the comment noted that has no jurisdiction to require that a importers have little control over the 7. Protection of Conformity Assessment certificate be on a separate piece of design, manufacturing process, or Bodies Against Undue Influence paper that accompanies the product. sourcing of component parts, but Comments: One comment suggested The comment also suggested that at manufacturers control all those aspects that provisions of ISO/IEC Guide 65 be least 180 days would be needed to of production. Two other comments used to prevent undue influence from comply with any new requirements. asserted that importers should be being exerted over third party testing Response: The Commission does not allowed to base their certificates on test body by a manufacturer or private believe that registered certification reports and results of other entities. labeler. Other comments suggested that marks, by themselves, would provide Another comment proposed that CPSC laboratory certification beyond ISO/IEC the information required for certificates should recognize the vendor’s 17025 is neither productive nor under section 14 of the CPSA. With assumption of liability in making such necessary. Another comment suggested respect to children’s products, third certification and deem that retailers, that the Commission should look to party conformity assessment bodies importers and distributors of product OSHA’s Nationally Recognized Testing only test children’s products for subject to such certification may rely Laboratory (NRTL) program to ensure compliance with the applicable upon it without facing civil or criminal impartiality and prevent conflict of children’s product safety rules. Third liability. interest. One comment stated that CPSC party conformity assessment bodies are One comment asked for clarification should extend existing CPSC fines and not responsible for issuing certificates for importers who rely on foreign penalties that the CPSC can currently under section 14(a)(2) of the CPSA; to manufacturers’ certificates of conformity impose on manufacturers and retailers the contrary, under existing CPSC regarding what level of diligence can to apply to exerting or attempting to regulations, only domestic reasonably and effectively be exercised exert undue influence on third party manufacturers and importers are by the importers. conformity bodies. required to issue certificates (see 16 CFR One comment recommended that ink Response: ISO/IEC Guide 65 and part 1110; see also 73 FR 68328 manufacturers be allowed to group, test OSHA’s NRTL program both deal with (November 18, 2008)). and certify product families for certifying bodies that perform many Regarding the Commission’s component testing because product functions in addition to the testing jurisdiction to issue certification families represent the same core functions performed by third party regulations, the Commission has the formula. The comment asserted that conformity assessment bodies. The ISO/ authority to issue implementing product family certification provides a IEC 17025 certification system appears regulations under section 3 of the reasonable, economically viable, testing to be working as intended. There is no CPSIA, which provides that ‘‘[t]he model for these ink manufacturers. need to implement duplicative or Commission may issue regulations, as Response: While an importer is not additional requirements by requiring necessary, to implement this Act and required to commission testing itself them in this proposed rule. the amendments made by this Act.’’ The and may, in certain cases, use With regard to extending fines, Commission has not required component part test reports from the section 19 the CPSA already addresses certificates to be only in the form of a manufacturer, the importer is fines and penalties. Section 19(a)(4) of separate piece of paper. Certificates can responsible for issuing the certificate for the CPSA prohibits any attempt to be in electronic form. a children’s product (see 16 CFR exercise undue influence on a third As for the effective date of any final 1110.7(a)). The importer also must party conformity assessment body. rule, the Commission intends that any ensure that the proper testing was

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conducted (i.e., a third party conformity twice per year or once every 50,000 they are as effective in discriminating assessment body accredited for the units in any event, whichever occurs compliance and noncompliance as the correct test conducted the testing). The first. With regard to the sample size for tests specified in the standards as part importer is ultimately responsible for periodic testing, the comment suggested of a reasonable testing program. Neither ensuring that its product meets CPSC (at least for toys) using the 12-unit the reasonable testing program for requirements. In those cases in which sample size which has been the nonchildren’s products nor the the importer has little or no control over requirement of the CPSC Engineering certification and periodic tests for the manufacturing process and is Test Manual for many years as a starting children’s products specify values for relying on the manufacturer’s test data, point. A sample size of 18 pieces could sample size or test frequency. the importer should take measures to be required for higher-risk products The Commission recognizes that no understand the manufacturing and such as infant and toddler toys, and a one-size-fits-all testing program will be testing process. An importer needs to lesser sample could be allowed for large, sufficient for all manufacturers. The ensure that all necessary tests are bulky, or expensive products to proposed rule would state that a conducted in an appropriate manner to minimize cost. reasonable testing program is a program ensure, with a high degree of assurance, Many comments asserted that risk that, when structured with appropriate that no noncompliant product is placed should be factored into any testing specifications, measurements, controls, into commerce. In the Commission’s program. A product that poses a higher and test intervals, will provide a high proposed rule on ‘‘Conditions and level of risk should undergo closer degree of assurance that the consumer Requirements for Testing of Component scrutiny. products manufactured under the Parts of Consumer Products’’ (which One comment provided a list of reasonable testing program will comply appears elsewhere in this issue of the activities that would more precisely with all the requirements of the Federal Register), the Commission is define a material change. The list applicable rules. If a high degree of considering additional issues related to included changes in tooling, product assurance is interpreted to be a the reliance of a manufacturer on the materials, assembly method, or the statistical likelihood of not producing test results of others for certification manufacturing facility. noncompliant products, the sample size purposes. Another comment contended that for periodic testing will depend upon As for the comment regarding ink, an once the children’s product has passed the number of samples that need to be ink that has a similar base formula and its certification testing, periodic testing tested to provide that statistical varies only in color could contain some is not required, and that only a material assurance. The number of samples pigments that contain lead while the change would require retesting. could be fewer than 12 or more than 18. same base with different pigments did One comment noted that first-party The Commission agrees that products not. Thus, families of inks cannot be production testing is used extensively to with a higher potential for injury or grouped for compliance testing. control manufacturing and is effective death should undergo greater scrutiny. However, the Commission has in detecting problems that could lead to Because of the many types of previously made a determination that nonconforming products. The comment children’s products and manufacturing CYMK inks do not need to be tested noted that the information can be used processes that will be covered by the since they do not contain lead. See 16 to reduce the number of samples rule, the description of the activities CFR 1500.91. required for periodic testing to one. that would trigger additional third party One comment suggested that, in testing due to material changes needs to 10. Additional Third Party Testing establishing procedures and standards be described in general terms. A more Requirements for Children’s Products for periodic testing of children’s general description gives manufacturers, Comments: One comment remarked products, CPSC should consider the who are experts in their product areas that the Commission should offer potential for lead exposure in order to and are better suited to understand guidance on the adequacy of specific distinguish between products that pose when a change in their product could programs to firms who request it. The a reasonable risk of noncompliance with affect the product’s ability to comply comment also sought clarification on the lead content limits and products with applicable rules, the flexibility to whether a test could be any reasonable, that pose only a theoretical risk of develop testing programs to suit their objective method for evaluating noncompliance. products and manufacturing operations. compliance with a standard. The Response: Several existing CPSC For children’s products, section comment suggested that any attempt to regulations are product-specific, 14(d)(2)(B)(i) of the CPSA says explicitly specify protocols and standards for allowing the Commission to develop that the rule is intended to establish testing children’s products, such as guidance for those particular protocols and standards to ensure that sample size and frequency, should be manufactured goods. However, section children’s products are tested tied to specific standards. The comment 14(a) of the CPSA covers all products ‘‘periodically,’’ as well as when there has also expressed interest in having the subject to a consumer product safety been a material change to the product. Commission provide a clearer definition standard enforced by the Commission. Thus, even if no changes are made to a of reasonable certainty, especially in the In light of that fact, the CPSC cannot children’s product, it must be tested context of specific standards. Finally, provide guidance for every product and periodically. the comment advised against attempting every manufacturing process. For For children’s products with a to establish any numerical standard, children’s products, only a third party reasonable testing program, it may be such as a specified confidence level conformity assessment body accredited possible to show that one periodic test with a specific number of samples to to perform the required tests is allowed sample verifies and validates the test. to test for compliance to the applicable program. However, for children’s Another comment requested that the children’s product safety rules. products without a reasonable testing Commission should provide reasonably The proposed rule would consider program, in order for third party testing specific guidelines with regard to both non-conformity assessment body tests, to provide a high degree of assurance periodic testing frequency and sample such as production tests, process control that the products produced comply with size to be used in such testing. The measurements, or other means of the rule, the Commission believes that comment suggested a period of at least assessing compliance, to be acceptable if testing only a single sample would not

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be acceptable. Other than the exceptions markings or products that would be production date, the compliance for lead that are specified in section 101 destroyed by marking. One comment identifier, and the model number. of the CPSIA and the lead urged CPSC to include the certification One comment said that the electronic determinations regarding certain requirements of section 14(a) of the availability of certificates should satisfy materials or products in 16 CFR CPSA on a label on the product. the ‘‘accompany’’ and ‘‘furnish’’ 1500.91, all children’s products are Response: Section 14(d)(2)(A) of the requirements as opposed to requiring a required to be tested for lead content. CPSA requires the Commission to paper certificate. One comment stated initiate a program by which a 11. Labeling Program that the CPSC cannot require the manufacturer or private labeler may certificate to contain the specific week As stated earlier in part A of this label their products as complying with of manufacture or the particular unit of document, section 14(d)(2)(A) of the the certification requirements. The equipment used to manufacture the CPSA requires the Commission to Commission staff’s suggested text and product. initiate a program by which a format for the label will make it easier One comment argued that the manufacturer or private labeler may for consumers, small businesses, and Commission has no jurisdiction over label a consumer product as complying any other interested party to notice it, architectural glass (e.g., glass used in with the certification requirements. This understand its meaning, and distinguish windows and doors). provision applies to all consumer it from tracking labels. Varying the text Response: Because these comments products that are subject to a product and the font size and style on the label address issues that are unrelated to safety rule administered by the could lead to greater confusion in reasonable testing programs, continued Commission. understanding than a consistent label. testing of children’s products, and labels Comments: One comment Because the use of the label is optional to show that a product complies with recommended that the Commission not for manufacturers, similar-looking the certification requirements in section initiate a labeling program because it products, or even units of the same 14(a) of the CPSA, they are outside the will contribute to confusion within the product, may or may not contain the scope of this rule. Consequently, we small business community about the label. The label is intended to show decline to address them here. tracking label. Another comment compliance with CPSC certification suggested that the Commission should requirements. It is not intended to be a C. Description of the Proposed Rule provide examples of allowable text for tracking label or demonstrate The proposal would create a new part such labels, but should not have specific compliance with laws or regulations in Title 16 of the Code of Federal requirements for things such as size, administered by other federal agencies. Regulations: Part 1107, titled ‘‘Testing color, font or location as these will The comment suggesting the and Labeling Pertaining to Product depend on the product. The comment Commission should include the Certification.’’ The new part 1107 would further noted that it would be a huge certification requirements of section consist of four subparts: Subpart A burden to impose specifications such as 14(a) of the CPSA on a label on the would be ‘‘General Provisions’’; Subpart ‘‘label’’ text or size. product is outside the scope of the One comment noted that some B would be the requirements for a labeling program in the proposed rule ‘‘ children’s products currently must Reasonable Testing Program for which is being promulgated pursuant to ’’ contain a label and that label should be Nonchildren’s Products ; Subpart C section 14(d)(2)(A) of the CPSA. would be the requirements for considered sufficient. Two comments Additionally, on November 18, 2008, stated that, if a consumer compares a ‘‘Certification of Children’s Products’’; the Commission issued a rule (see 16 and Subpart D would be the children’s product with a label stating CFR part 1110; see also 73 FR 68328) compliance to all applicable rules to a requirements for a ‘‘Consumer Product addressing the requirements for Labeling Program.’’ comparable product with no applicable certificates under section 14(a) of the rules (and thus no label), the absence of CPSA. 1. Proposed Subpart A General the label will be misperceived as Provisions noncompliance by the consumer and 12. Comments Outside the Scope of the will thus disadvantage the second Rule a. Proposed § 1107.1—Purpose product. One comment suggested that Comments: Several comments Proposed § 1107.1 would state that the label requirement be harmonized as addressed issues pertaining to specific part 1107 establishes the requirements best as possible with existing Federal tests or other provisions in the CPSIA, for: a reasonable testing program for regulations such as U.S. Customs and such as tracking labels and the nonchildren’s products; third party Border Production country of origin interpretation of statutory definitions. conformity assessment body testing to labeling (19 U.S.C. 1304 and 19 CFR Several comments suggested that x- support certification and continuing 134.33) and the Federal Trade ray fluorescence (XRF) technology testing of children’s products; and Commission’s Textile and Wool should be an acceptable method to test labeling of consumer products to Products Identification Act’s fiber for the presence of lead. indicate that the certification content labeling requirements (15 U.S.C. Two comments suggested that CPSC requirements have been met pursuant to 70 and 16 CFR part 303). Another require a hazard analysis of children’s sections 14(a)(1), and (a)(2), (d)(2)(B) of comment said that the use of the label products if manufacturers are permitted the CPSA (15 U.S.C. 2063(a)(1), (a)(2), should be restricted to identifying the to perform the analysis themselves (d)(2)(B)). manufacturer/importer and the batch to without a third party check of the b. Proposed § 1107.2—Definitions help facilitate and narrow the scope of results. recalls. One comment suggested that One comment would interpret the Proposed § 1107.2 would state that, there needs to be accommodations or CPSIA’s definition of ‘‘children’s unless otherwise stated, the definitions exclusions for products that are product’’ as a product with which a of the Consumer Product Safety Act and impossible to mark that are similar to child plays. the Consumer Product Safety exclusions provided in the J list of the One comment suggested that the Improvement Act of 2008 apply to this U.S. Customs and Border Protection CPSC tracking label require the name of part. Proposed § 1107.2 also would regulations for country of origin the manufacturer or importer, the define certain terms or abbreviations for

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purposes of part 1107. For example, we recognize that defining a ‘‘high certification continue to meet all the with respect to abbreviations, proposed degree of assurance’’ as a 95 percent or applicable safety rules. § 1107.2 would define ‘‘CPSA’’ to mean greater probability could result in Proposed § 1107.2 would define ‘‘third the Consumer Product Safety Act. greater testing demands on small party conformity assessment body’’ to Proposed § 1107.2 would define ‘‘CPSC’’ manufacturers. For example, for a non- mean a third party conformity to mean the Consumer Product Safety quantitative test, a method such as the assessment body recognized by the Commission. ‘‘rule of three’’ could be used to CPSC to conduct certification testing on Proposed § 1107.2 would define determine the number of samples children’s products. ‘‘detailed bill of materials’’ to mean a list needed for testing. For a 95 percent 2. Proposed Subpart B—Reasonable of the raw materials, sub-assemblies, confidence that no more than five Testing Program for Nonchildren’s intermediate assemblies, sub- percent of the production fails to Products component parts, component parts, and comply, 3/0.05 = 60 units will be the quantities of each needed to needed for testing. For small production Proposed subpart B would consist of manufacture a finished product. volumes where 60 samples would be one provision and would describe the Proposed § 1107.2 would define ‘‘due considered excessive, alternative ‘‘reasonable testing program’’ for care’’ to mean the degree of care that a methods would be needed. Thus, we nonchildren’s products. prudent and competent person engaged decided against defining ‘‘high degree of a. Proposed § 1107.10—Reasonable in the same line of business or endeavor assurance’’ with respect to a 95 percent Testing Program for Nonchildren’s would exercise under similar probability or confidence level because Products circumstances. there may be difficulty in applying the Proposed § 1107.2 would define ‘‘high statistical methods to all manufacturing Proposed § 1107.10(a) would state degree of assurance’’ to mean an processes. We invite comment on that, except as otherwise provided in a evidence-based demonstration of possible amendments or revisions to the specific regulation under this title or a consistent performance of a product proposed definition of ‘‘high degree of specific standard prescribed by law, a regarding compliance based on assurance.’’ manufacturer certifying a product knowledge of a product and its Proposed § 1107.2 would define pursuant to a reasonable testing program manufacture. The term ‘‘high degree of ‘‘identical in all material respects’’ to must ensure that the reasonable testing assurance’’ appears in several proposed mean there is no difference with respect program provides a high degree of provisions, and so the concept of what to compliance to the applicable rules assurance that the consumer products constitutes a ‘‘high degree of assurance’’ between the samples and the finished covered by the program will comply would be important for purposes of product. with all applicable rules, bans, interpreting and complying with certain Proposed § 1107.2 would define standards or regulations. The proposed proposed sections. We considered ‘‘manufacturer’’ to mean the parties exception for specific regulations or several alternative definitions for a high responsible for certification of a standards prescribed by law is meant to degree of assurance. One alternative consumer product pursuant to 16 CFR recognize that certain preexisting CPSC definition would be, for quantitative part 1110. Currently, 16 CFR part 1110 regulations or standards that were tests, where a high degree of assurance limits the certification requirement to previously voluntary standards which, would be at least a 95 percent domestic manufacturers and importers. by statute, are now considered to be probability that all the product Proposed § 1107.2 would define mandatory consumer product safety produced meets the requirements of the ‘‘manufacturing process’’ to mean the standards or are to be adopted as applicable rules; for non-quantitative techniques, fixtures, tools, materials, mandatory standards may have specific (pass/fail) tests, a high degree of and personnel used to create the testing requirements or protocols. The assurance could mean a 95 percent component parts and assemble a reasonable testing programs confidence that at least 95 percent of the finished product. requirements under proposed § 1107.10 product produced meets the Proposed § 1107.2 would define are not intended to supersede those requirements of the applicable rules. ‘‘production testing plan’’ to mean a preexisting testing requirements listed The 95 percent level is widely used in document that shows what tests must be in Table 1. Table 1 only lists testing the natural and social sciences as the performed and the frequency at which requirements as they pertain to minimum acceptable probability for those tests must be performed to nonchildren’s products because determining statistical significance and provide a high degree of assurance that proposed § 1107.10 would not apply to has been found to be effective. However, the products manufactured after children’s products.

TABLE 1—EXISTING TESTING PROGRAMS THAT WOULD NOT BE SUPERSEDED BY PROPOSED § 1107.10 REGARDING A REASONABLE TESTING PROGRAM

16 CFR part Subject

1201 ...... Safety Standard for Architectural Glazing Materials. 1202 ...... Safety Standard for Matchbooks. 1203 ...... Safety Standard for Bicycle Helmets. 1204 ...... Safety Standard for Omnidirectional Citizen Band Base Station Antennas. 1205 ...... Safety Standard for Walk-Behind Power Lawn Mowers. 1207 ...... Safety Standard for Swimming Pool Slides. 1209 ...... Interim Safety Standard for Cellulose Insulation. 1210 ...... Safety Standard for Cigarette Lighters. 1211 ...... Safety Standard for Automatic Residential Garage Door Operators. 1212 ...... Safety Standard for Multi-Purpose Lighters. 1610 ...... Standard for the Flammability of Clothing Textiles. 1611 ...... Standard for the Flammability of Vinyl Plastic Film.

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TABLE 1—EXISTING TESTING PROGRAMS THAT WOULD NOT BE SUPERSEDED BY PROPOSED § 1107.10 REGARDING A REASONABLE TESTING PROGRAM—Continued

16 CFR part Subject

1630, 1631 ...... Standards for the Surface Flammability of Carpets and Rugs.

A reasonable testing program serves a reasonable testing program would be product listed on a general conformity as the basis for issuance of the general necessary to demonstrate a product’s certification in sufficient detail to conformity certification for compliance at the time of certification identify the product and distinguish it nonchildren’s products unless the and as production of the product from other products made by the manufacturer conducts a test of each continues after certification. Because the manufacturer. Proposed § 1107.10(b)(1) product. A reasonable testing program is requirement for a reasonable testing would state that the product a program that, when structured with program would apply to a wide variety specification may include items such as appropriate specifications, of product types and manufacturing a color photograph or illustration, measurements, controls, and test processes, it is designed to be scalable model names or numbers, a detailed bill intervals, will provide a high degree of to production volumes and adaptable to of materials, a parts listing, raw material assurance that the consumer products the specifics of the product. A selection and sourcing requirements. manufactured under the reasonable manufacturer may develop the scope Proposed § 1107.10(b)(1)(i) would state testing program will comply with all the and details of each element of a that a product specification must requirements of the applicable rules. reasonable testing program based on the include any component parts that are The manufacturer is responsible for manufacturer’s knowledge and expertise certified pursuant to 16 CFR part 1109. establishing a reasonable testing regarding the product and its (Elsewhere in this issue of the Federal program because it is necessary to manufacturing processes. Register, the Commission is issuing a support the issuance of a general The Commission’s primary concern is proposed rule regarding component part conformity certificate where a test of ensuring that manufacturers produce testing.) each product is not undertaken. All the safe and compliant products. Testing is Proposed § 1107.10(b)(1)(ii) would elements of the reasonable testing not an end in itself, but rather one part state that product specifications that program should be in place, and of a process to ensure the safety of identify individual features of a product certification tests completed with consumer products. For this reason, the that would not be considered a material passing results before a general Commission believes the primary change may use the same product conformity certificate can be issued for objective in a reasonable testing specification for all products a product. program is determining whether or not manufactured with those specific Several existing nonchildren’s a manufacturer produces safe and features. Features that would not be product standards issued by the compliant products. When CPSC staff considered a material change include Commission already contain product- discovers unsafe or noncompliant different product sizes or other features specific testing programs that were products, CPSC may have reason to that cover variations of the product developed by the Commission at the examine a manufacturer’s programs and where those variations do not affect the time the standard was issued and for processes. Because the Commission which certification was required before recognizes that even the best processes product’s ability to comply with the CPSIA’s enactment. For existing can occasionally yield noncompliant applicable rules. For example, several rules that contain testing requirements, products, the Commission is especially sizes of the same article of clothing and do not contain specific testing concerned about unsafe or made with the same materials would programs, the reasonable testing noncompliant products emerging from not be considered a material change. program establishes the minimum set of defective processes. Another example would be if a product requirements to be met for certification. Proposed § 1107.10(b) would describe specification lists a number of For the remaining applicable rules, the the five elements that a reasonable complying component parts that are implementation of reasonable testing testing program must contain. The grouped in a number of different programs will vary depending on the Commission invites comments on these combinations for separate products, the product under consideration and the five elements of a reasonable testing differences in the number of component compliance characteristics being tested. program. How well do these elements parts between the products would not Persons issuing general conformity fall within the elements of existing be considered a material change. certificates should exercise due care in quality assurance/quality control Additionally, a product with different developing and implementing a programs? In cases where no quality versions of software downloaded into reasonable testing program that assurance/quality control programs various units that would not affect demonstrates that their products comply exist, what activities will have to occur compliance, such as various language with the applicable rules. to implement the proposed reasonable packages downloaded into various Commission staff examined existing testing program? Please explain. educational toys, would not be CPSC regulations, such as the Proposed § 1107.10(b)(1) would state considered a material change. regulations pertaining to that a reasonable testing program must Proposed § 1107.10(b)(1)(iii) would omnidirectional citizens band base have a product specification. The state that each manufacturing site must station antennas, walk-behind lawn product specification would contain a have a separate product specification. mowers, and automatic residential description of the consumer product This would be required because a garage door openers, and selected and lists the applicable rules, bans, manufacturer cannot assume that units common features of existing reasonable standards or regulations to which the of the same product manufactured in testing programs that CPSC has found to product is subject. A product more than one location are identical in be effective. The proposed elements of specification should describe the all material respects.

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Proposed § 1107.10(b)(2) would state bans, standards, or regulations. if they are not the tests prescribed in the that a manufacturer must conduct Proposed § 1107.10(b)(2)(ii)(A) would applicable rule, ban, standard, or certification tests on a product before state that when a previously-certified regulation. issuing a general conformity certificate product undergoes a material change • A separate production testing plan for that product. Certification tests that only affects the product’s ability to for each manufacturing site; and provide evidence that a product comply with certain applicable rules, • Production testing intervals identified in a product specification bans, standards, or regulations, selected to be short enough to ensure complies with the applicable rules, certification for the new product that, if the samples selected for bans, standards, or regulations. specification may be based on production testing comply with an Certification tests are required as part of certification testing of the materially applicable rule, ban, standard, or a reasonable testing program in lieu of changed component part, material, or regulation, there is a high degree of a test of each product. Proposed process, and the passing certification assurance that the untested products § 1107.10(b)(2) would state that a tests of the portion of the previously- manufactured during that interval also certification test would be a test certified product that were not will comply with the applicable rule, performed on samples of the product materially changed. For example, if a ban standard, or regulation. Production that are identical to the finished product material change is limited to using a test intervals should be appropriate for in all material respects to demonstrate different paint on the product, new the specific testing or alternative that the product complies with the certification testing of that product may measurements being conducted. applicable safety rules. Proposed be limited to evaluating the paint to the Proposed § 1107.10(b)(3)(iii)(A) would § 1107.10(b)(2) would require applicable safety rules. allow a manufacturer to use certification tests to contain certain Proposed § 1107.10(b)(2)(ii)(B) would measurement techniques that are elements. require a manufacturer to conduct a nondestructive and tailored to the needs Proposed § 1107.10(b)(2)(i) would certification test of the finished product of an individual product instead of state that, for purposes of proposed if a material change affects the finished conducting product performance tests to § 1107.10, a sample means a component product’s ability to comply with an assure a product complies with all part of the product or the finished applicable rule, ban, standard, or applicable rules, bans, standards, or product which is subjected to testing. regulation. Proposed regulations. For example, a Samples submitted for certification § 1107.10(b)(2)(ii)(C) would require a manufacturer may have determined testing would be required to be identical manufacturer to exercise due care to that, by controlling the particle size and in all material respects to the product to ensure that reliance on anything other water content of cellulose insulation, it be distributed in commerce. The than retesting of the finished product is possible to determine compliance to manufacturer would be required to after a material change occurs does not the cellulose insulation critical radiant submit a sufficient number of samples allow a noncompliant product to be flux test (16 CFR part 1209.6) by for certification testing so as to provide distributed in commerce. A examination of a sample of a fixed a high degree of assurance that the manufacturer should resolve any doubts volume under a graduated microscope certification tests accurately represent in favor of retesting the finished product and measuring its weight. Sizes and the product’s compliance with all for certification. weights within certain limits mean that applicable rules. Proposed § 1107.10(b)(3) would the insulation will pass the critical Proposed § 1107.10(b)(2)(i)(A) would explain that a production testing plan radiant flux test. As another example, a only allow finished products or describes what tests must be performed manufacturer may choose to determine component parts listed on the product and the frequency at which those tests compliance to the requirements for specification to be submitted for must be performed to provide a high garage door opener photoelectric certification testing. Proposed degree of assurance that the products sensors (16 CFR 1211.11) by placing the § 1107.10(b)(2)(i)(B) would allow a manufactured after certification sensor in a fixture with a calibrated light manufacturer to substitute component continue to meet all the applicable flux, then measuring the response part testing for finished product testing safety rules, bans, standards, or voltage of the light-sensitive element pursuant to 16 CFR part 1109 unless the regulations. A production testing plan directly. An element output voltage rule, ban, standard or regulation may include recurring testing or the use above a threshold would indicate applicable to the product requires of process management techniques, passing performance for the tests testing of the finished product. If a such as control charts, statistical process described in the safety standard. manufacturer relies upon certification control programs, or failure modes and Proposed § 1107.10(b)(3)(iii)(B) would testing of component part(s) (rather than effects analyses (FMEAs), designed to require any production test method tests of the finished product), the control potential variations in product used to conduct production testing to be manufacturer would be required to manufacturing that could affect the as effective in detecting noncompliant demonstrate how the combination of product’s ability to comply with the products as the tests used for testing of component part(s), portions of applicable rules, bans, standards, or certification. Proposed the finished product, and finished regulations. § 1107.10(b)(3)(iii)(C) would state that if product samples demonstrate, with a Proposed § 1107.10(b)(3)(i) through a manufacturer is uncertain whether a high degree of assurance, compliance (iii) would require a production test production test is as effective as the with all applicable rules, bans, plan to contain the following elements: certification test, the manufacturer must standards, or regulations. • A description of the production use the certification test. For example, if Proposed § 1107.10(b)(2)(ii) would testing plan, including, but not limited the probability that all production state that a material change is any to, a description of the tests to be products are compliant using the tests change in the product’s design, conducted or the measurements to be methods used for certification is 95 manufacturing process, or sourcing of taken, the intervals at which the tests or percent, the probability that all component parts that a manufacturer measurements will be made, the number production products are compliant exercising due care knows, or should of samples tested, and the basis for using alternative testing methods should know, could affect the product’s ability determining that such tests provide a be at least 95 percent. If there is to comply with the applicable rules, high degree of assurance of compliance uncertainty whether the test method

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will achieve the same level of detection Proposed § 1107.10(b)(5)(i)(A) through product that was the subject of that of compliance, then the specific tests (b)(5)(i)(E) would identify the records remedial action and the product required by the applicable rules should that a manufacturer of a nonchildren’s specification of any new product be used. product would be required to maintain. resulting from any remedial action. Proposed § 1107.10(b)(4) would In brief, these records would be: Proposed § 1107.10(b)(5)(ii) would describe the remedial action plan. • Records of the general conformity require a manufacturer to create a new Proposed § 1107.10(b)(4)(i) would state certificate for each product; set of records for a product if a remedial that a remedial action plan describes the • Records of each product action results in a new product steps to be taken whenever samples of specification; specification. a product or a component part of a • Records of each certification test Proposed § 1107.10(b)(5)(iii) would product fails a test or fails to comply and, if the manufacturer elected to have require a manufacturer to maintain the with an applicable rule, ban, standard, a third party conformity assessment records specified in subpart B at the or regulation. A remedial action plan body test the product, identification of location within the United States would be required to contain any third party conformity assessment specified in 16 CFR 1110.11(d) or, if the procedures the manufacturer must body on whose testing the certificate records are not maintained at the follow to investigate and address failing depends. Records of certification tests custodian’s address, at a location within test results in addition to any reporting would be required to describe how the the United States specified by the obligation it may have. Manufacturers product was certified as meeting the custodian. The manufacturer would be would be required to take remedial requirements, including how each required to make these records action after any failing test result to applicable rule was evaluated, the test available, either in hard copy or ensure with a high degree of assurance results, and the actual values of the electronically, for inspection by the that the products manufactured after the tests; CPSC upon request. remedial action has been taken comply • Records to demonstrate compliance Proposed § 1107.10(b)(5)(iv) would with the applicable rules, bans, with the production testing plan require a manufacturer to maintain standards, or regulations. The type of requirement, including a list of the records (except for test records) for as remedial action may differ depending applicable rules, bans, standards, or long as the product is being produced or upon the applicable rule, ban, standard, regulations, a description of the types of imported by the manufacturer plus five or regulation. Proposed production tests conducted, the number years. The proposal also would require § 1107.10(b)(4)(i) also would state that a of samples tested, the production test records to be maintained for five remedial action can include, but is not interval selected for performance of years and all records to be available in limited to, the following: each test, and the test results. Records the English language. Records would be • Changes to the manufacturing of a production test program would be required to be maintained for five years process, the equipment used to required to describe how the production because the statute of limitations under manufacture the product, the product’s tests demonstrate that the continuing 28 U.S.C. 2462 allows the Commission materials, or design; production complies with the to bring an action within that time. It • Reworking the product produced; applicable rules. References to would be unnecessarily burdensome to or techniques in relevant quality require a manufacturer to maintain • Other actions deemed appropriate management and control standards, records beyond the time the by the manufacturer, in the exercise of such as ANSI/ISO/ASQ Q9001–2008: Commission could pursue an action. due care, to assure compliant products. Quality management systems— Proposed § 1107.10(c) would state Proposed § 1107.10(b)(4)(ii) would Requirements, ANSI/ASQ Z1.4–2008: that, if any certification test results in a state that any remedial action that Sampling Procedures and Tables for failure, a manufacturer cannot certify a results in a material change to a Inspection by Attributes, and/or ANSI/ product until the manufacturer has product’s design, parts, suppliers of ASQ Z1.9–2008: Sampling Procedures taken remedial action, and the product parts, or manufacturing process that and Tables for Inspection by Variables manufactured after the remedial action could affect the product’s ability to for Percent Nonconforming, would be passes certification testing. comply with any applicable rules would allowed to demonstrate that the Proposed § 1107.10(d) would state require a new product specification for production tests have the necessary that a manufacturer of a nonchildren’s that product. Before a product covered accuracy, precision sensitivity, product may, but is not required to, use by the new product specification can be repeatability, and confidence to a third party conformity assessment certified as compliant with the distinguish between compliant and body to conduct certification testing. applicable rules, bans, standards, or noncompliant products. These The third party conformity assessment regulations, a manufacturer would be standards are widely recognized in body would not have to be a third party required to have passing certification industry and were developed by conformity assessment body recognized test results for the applicable rules, organizations with international by the CPSC to conduct certification bans, standards, or regulations. exposure and millions of members. testing on children’s products. Proposed § 1107.10(b)(5) would Retaining test results can help identify Proposed § 1107.10(e) would state impose recordkeeping requirements to the events that led to the creation of that manufacturers of children’s document the reasonable testing noncompliant products, the number of products may voluntarily establish a program. Documentation is necessary to products affected, and their disposition; reasonable testing program consistent establish the identity of the product, and with this subpart. and to demonstrate that the product • Records of all remedial actions complies with the applicable rules, taken, including the specific action 3. Proposed Subpart C—Certification of when it is certified and on a continuing taken, the date the action was taken, the Children’s Products basis as production progresses. person who authorized the actions, and Proposed subpart C would contain the Documentation supports the validity of any test failure which necessitated the requirements pertaining to the a general conformity certificate and action. Records of remedial action certification of children’s products. The provides validation that a test of each would be required to relate the action subpart would consist of seven sections, product produced is not necessary. taken to the product specification of the and most sections would implement the

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requirements in section 14(d)(2)(B) of manufacturer wishes to test the sweater testing described above. Other the CPSA. for compliance to the lead limits in circumstances may arise during Some industries have developed and section 101 of the CPSIA. Because the production of the product that may implemented testing and certification Commission has determined that require consideration of additional programs that are intended to determine textiles, such as cotton, do not exceed testing by a third party conformity compliance with specific standards. The the statutory lead limits, the assessment body. The factors described Commission invites comments about manufacturer would test the metal in proposed § 1107.21(c)(2) may provide such programs. zipper only for lead rather than the some guidance in those circumstances. Proposed § 1107.21(a) would a. Proposed § 1107.20—General cotton in the sweater. In this example, implement the periodic testing Requirements therefore, testing the component part (the metal zipper) is sufficient to requirement in section 14(d)(2)(B)(i) of Proposed § 1107.20(a) would require determine the finished product’s the CPSA by requiring each manufacturers to submit a sufficient compliance with the lead limit. manufacturer to conduct periodic number of samples of a children’s Proposed § 1107.20(d) would state testing at least annually, except as product, or samples that are identical in that, if a product sample fails otherwise provided in paragraphs (b) all material respects to the children’s certification testing, even if other and (d) of this section (which we product, to a third party conformity samples have passed the same discuss later in this part of the assessment body for testing to support certification test, the manufacturer must preamble) or as provided in regulations certification. The proposal would not investigate the reasons for the failure under this title. Manufacturers may specify the exact number of samples to and take remedial action. A need to conduct periodic tests more be tested; instead, the proposal would manufacturer would not be allowed to frequently than on an annual basis to require that the number of samples certify the children’s product until the ensure a high degree of assurance that selected provide a high degree of manufacturer establishes, with a high the product being tested complies with assurance that the tests conducted for degree of assurance, that the finished all applicable children’s product safety certification purposes accurately product does comply with all applicable rules. More frequent periodic testing demonstrate the ability of the children’s children’s product safety rules. may help a manufacturer identify product to meet all applicable children’s noncompliant products more quickly b. Proposed § 1107.21 Periodic Testing product safety rules. and, as a result, may limit the scope of Proposed § 1107.20(b) would state Section 14(d)(2)(B)(i) of the CPSA any potential product recall. In that, if the manufacturing process for a requires children’s products to be tested addition, more frequent testing may children’s product consistently creates periodically for compliance with all reduce the manufacturer’s liability for parts that are uniform in composition applicable children’s product safety civil penalties resulting from a and quality, a manufacturer may submit rules. Although the statute does not noncompliant product, reduce potential fewer samples to provide a high degree require all periodic testing to be damage to a manufacturer’s reputation, of assurance that the finished product conducted by a third party conformity and increase the manufacturer’s complies with the applicable children’s assessment body, the Commission confidence in the effectiveness of the product safety rules. If the proposes to require that manufacturers periodic testing. manufacturing process for a children’s submit samples of their products to a Proposed § 1107.21(b) would state product results in variability in the third party conformity assessment body that, if a manufacturer has implemented composition or quality of children’s for testing to the applicable children’s a reasonable testing program as products, a manufacturer may need to product safety rules at least once every described in subpart B of this part (with submit more samples to provide a high two years if they have a reasonable the exception of the certification degree of assurance that the finished testing program. As proposed by the element which, for children’s products, product complies with the applicable Commission, not every periodic test has would be required to comply with the children’s product safety rules. An to be done by a third party conformity requirements in proposed § 1107.20), it example of a manufacturing process that assessment body if the manufacturer has would be required to submit samples of consistently creates highly similar parts implemented four elements of a its product to a third party conformity would be die casting. Manufacturing reasonable testing program as described assessment body for periodic testing to processes with greater inherent in subpart B of this part (certification for all applicable children’s product safety variability may necessitate testing of children’s products is covered by rules at least once every two years. If a more samples to provide a high degree proposed § 1107.20 of this part). manufacturer’s reasonable testing of assurance that the finished product Depending upon the type and rigor of program fails to provide a high degree complies with the applicable children’s the production testing done by a of assurance of compliance with all product safety rules. An example of a manufacturer, and the manufacturer’s applicable children’s product safety manufacturing process with greater ability to do in-house compliance rules, the Commission may require the inherent variability would be hand testing of the product or component part manufacturer to meet the requirements assembly of the product. to the applicable children’s product of proposed § 1107.21(c) or modify its Proposed § 1107.20(c) would state safety rule(s), production testing may reasonable testing program to ensure a that, except where otherwise specified serve as the non-third party periodic high degree of assurance. Currently, the by a children’s product safety rule, a compliance testing. The Commission rule on children’s bicycle helmets is the manufacturer may substitute component recognizes that some compliance testing only children’s product safety rule that part testing for finished product testing may be too complex for a manufacturer contains requirements for a reasonable pursuant to 16 CFR part 1109 if the to undertake in-house. In that case, the testing program. The reasonable testing component part, without the remainder manufacturer may elect to have the program requirements in this rule are of the finished product, is sufficient to product or a component part tested by not intended to replace that preexisting determine compliance for the finished a third party which may or may not be testing requirement. For existing rules product. For example, assume that a a third party conformity assessment that contain testing requirements and do children’s product is a cotton sweater body, depending upon whether the test not contain specific testing programs, with a metal zipper and that the satisfies the schedule for periodic the reasonable testing program and the

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two year minimum third party on the manufacturer’s knowledge of the manufacturer would be subject to the conformity assessment testing product and its manufacturing periodic testing requirements of requirement establishes the minimum processes. Under proposed proposed § 1107.21(a), and (b) or (c). set of requirements for periodic testing. § 1107.21(c)(2)(i) through (c)(2)(ix), The manufacturer is responsible for As the Commission promulgates new or factors to be considered when deciding how often such periodic revised children’s product safety rules, determining the periodic testing interval testing will occur. In other words, it may establish different testing would include, but not be limited to: assume that a manufacturer produces requirements for those children’s • High variability in test results, as 9,000 units of product X. Under the products than the requirements indicated by a relatively large sample proposal, the manufacturer would not described in this proposed rule. standard deviation in quantitative tests; have to engage in periodic testing unless Proposed § 1107.21(c) would state • Measurements that are close to the it produces 10,000 units of product X; that, if a manufacturer has not allowable numerical limit for at that time, the manufacturer would be implemented a reasonable testing quantitative tests; required to conduct periodic testing on program as described in subpart B of • Known manufacturing process an annual basis (under proposed this part, then all periodic testing would factors which could affect compliance § 1107.21(a)) and it would be required to be required to be conducted by a third with a rule. For example, if the comply with the requirements of party conformity assessment body, and manufacturer knows that a casting die proposed § 1107.21(b) or § 1107.21 (c) the manufacturer would be required to wears down as the die nears the end of (depending on whether the conduct periodic testing described in its useful life, the manufacturer may manufacturer has implemented a proposed § 1107.21(c)(1) and (c)(2). In wish to test more often as the casting die reasonable testing program under brief, proposed § 1107.21(c)(1) would wears down; subpart B). The proposal would not require the manufacturer to develop a • Consumer complaints or warranty require the manufacturer to engage in periodic test plan to assure that claims; periodic testing every time it produces children’s products manufactured after • Nonmaterial changes such as 10,000 units of product X. the issuance of a children’s product introduction of a new set of component The low-volume exception would certification, or when the previous parts into the assembly process, or the apply both to manufacturers and periodic testing was conducted, manufacture of a fixed number of importers who produce or import a continue to comply with all applicable products; specific product at a low volume children’s product safety rules. The • Potential for serious injury or death (10,000 units under the proposed rule). periodic test plan would have to include resulting from a noncompliant In other words, proposed § 1107.21(d) the tests to be conducted, the intervals children’s product; would focus on the volume of a specific at which the tests will be conducted, the • The number of children’s products product rather than attempt to number of samples tested, and the basis produced annually, such that a distinguish between ‘‘large’’ and ‘‘small’’ for determining that the periodic testing manufacturer should consider testing a manufacturers. Thus, an individual who plan provides a high degree of assurance children’s product more frequently if hand carves 30 products would fall that the product being tested continues the product is produced in very large within proposed § 1107.21(d), as would to comply with all applicable children’s numbers or distributed widely a multinational corporation who makes product safety rules. The proposal throughout the United States; 9,000 units of a particular product. would require the manufacturer to have • The children’s product’s similarity c. Proposed § 1107.22—Random a separate periodic testing plan for each to other children’s products with which Samples manufacturing site producing a the manufacturer is familiar and/or children’s product. whether the children’s product has Proposed § 1107.22 would implement Proposed § 1107.21(c)(2) would many different component parts the testing of random samples require the periodic testing interval compared to other children’s products requirement in section 14(d)(2)(B)(ii) of selected to be short enough to ensure of a similar type; and the CPSA by requiring each that, if the samples selected for periodic • The inability to determine the manufacturer of a children’s product to testing pass the test, there is a high children’s product’s noncompliance select samples for periodic testing by degree of assurance that the other easily through means such as visual using a process that assigns each sample untested children’s products inspection. in the production population an equal manufactured during the interval Proposed § 1107.21(d) would pertain probability of being selected. We comply with the applicable children’s to the periodic testing frequency for recognize that there are alternative product safety rules. The interval for low-volume manufacturers. In brief, the approaches for deciding whether periodic testing may vary depending proposal would not require a something represents a ‘‘random’’ upon the specific children’s product manufacturer to conduct periodic sample. One alternative approach would safety rules that apply to the children’s testing unless it has produced or be to say that a random sample is a product. For example, the intervals imported more than 10,000 units of a sample not intentionally identified selected to test for small parts where particular product. (See Appendix A of beforehand for testing. Another possible there is variability in the factors the Memorandum Requirements for approach would be to require only that assuring that no small parts are created, Certification and Continued Testing of a random sample adequately represent and for lead in paint, where one tested Children’s Products, Established by the the production sample pool from which container is used for a large production Consumer Product Safety Improvement it was chosen. The Commission chose volume, may not be the same. Assuring Act of 2008 from Randy Butturini, neither alternative because the purpose that products do not generate small Office of Hazard Identification and of random sampling is to establish a parts may require more frequent testing Reduction, for Commission staff’s basis for inferring compliance about a than that required to assure that the rationale for selecting the 10,000 population of untested products from a paint used does not contain lead in number). The proposed rule would not set of tested products. If the products excess of the acceptable limits. The require periodic testing at every 10,000 selected for testing are not randomly appropriate periodic testing interval units manufactured; instead, once that selected, there is no statistical basis for may vary for a manufacturer depending threshold has been reached, the inferring the compliance of the untested

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products. Manufacturers may select the material change. Proposed should examine the product design for additional samples based on the § 1107.23(a) would state that, when a the children’s product as received by manufacturer’s knowledge of the material change is limited to a the consumer. For example, if a product and its production to provide component part of the finished children’s product has a component part greater assurance of compliance. For children’s product and does not affect that contains lead or has a sharp edge, example, if a manufacturer knows its the ability of the children’s product to but is inaccessible when the product is control over compliance degrades with meet other applicable children’s assembled, then the lead and sharp edge continuing production, the product safety rules, a manufacturer requirements would not be applicable to manufacturer may always test the last may issue a children’s product the finished product. Changes to a unit produced. Proposed § 1107.22 certificate based on the earlier third product’s design may result in a product would state that the production party certification tests and on test being subject to additional children’s population is the number of products results of the changed component part product safety rules. For example, if a manufactured or imported after the conducted by a third party conformity wooden button on a children’s product initial certification or last periodic assessment body. For example, if the is replaced with a plastic button, the testing of a children’s product. Proposed paint is changed on a children’s wooden button previously excluded § 1107.22 would allow a manufacturer product, issuance of a children’s from testing for lead content has been to use a procedure that randomly selects product certificate may be based on replaced with a component part that items from a list to determine which previous product testing and on tests of would be subject to testing for samples are the random samples for the new paint for compliance to lead, compliance with the lead content testing before production begins. For heavy metal, and phthalate requirements. example, if the planned production concentrations. Proposed § 1107.23(c) would state quantity in a period is 50,000, and 12 Proposed § 1107.23(a) also would that a material change in the random samples are to be selected for state that changes that cause a children’s manufacturing process is a change in periodic testing, before the products are product safety rule to no longer apply to how the children’s product is made that manufactured, a random process would a children’s product are not considered could affect the finished children’s have to identify which 12 of the 50,000 to be material changes. For example, product’s ability to comply with the will be selected for periodic testing. assume that a children’s product applicable children’s product safety Manufacturers that produce products consists of a cotton sweater with metal rules. For each change in the that continue to be distributed in buttons and that the children’s product manufacturing process, a manufacturer commerce as they are manufactured would be subject to the lead limits in should exercise due care to determine if may wish to test the random samples as section 101 of the CPSIA. If the compliance to an existing applicable they are selected to minimize the manufacturer decided to use wooden children’s product safety rule could be potential quantity of noncompliant buttons instead of metal buttons, the use affected or if the change results in a products if a test has failing test results. of wooden buttons would eliminate the newly-applicable children’s product Proposed § 1107.22 would allow need to test the product for lead, and the safety rule. The following are some manufacturers to select samples for change to wooden buttons, while examples of a material change to the testing as they are manufactured. arguably a change in the product’s manufacturing process of a children’s Proposed § 1107.22 would allow component parts, would not be a product: manufacturers who produce children’s ‘‘material change’’ under proposed • A new technique is used to fasten products that continue to be distributed § 1107.23(a) for the purposes of buttons to a doll’s dress which could in commerce as they are manufactured complying with the lead content limits. affect the children’s products ability to to test the samples as they become However, for other children’s product comply with the small parts rule; available instead of waiting until all the safety rules, such as small parts, the • New solvents are used to clean random samples have been selected change may be a material change. equipment employed in the before conducting testing. Proposed § 1107.23(a) also would manufacture of children’s products; the require a manufacturer to exercise due new solvents could affect the children’s d. Proposed § 1107.23—Material Change care to ensure that reliance on anything products ability to comply with the lead Proposed § 1107.23 would implement other than retesting of the finished content and phthalates requirements; the requirement in section 14(d)(2)(B)(i) product after a material change would and of the CPSA to test a children’s product not allow a noncompliant children’s • A new mold for an accessible metal when a material change has occurred. product to be distributed in commerce. component part of a children’s product Proposed § 1107.23(a) would state that if A manufacturer should resolve any is introduced into the assembly line a children’s product undergoes a doubts in favor of retesting the finished which could affect the children’s material change in product design or product for certification. Additionally, a products ability to comply with manufacturing process, including the manufacturer would be required to requirements for sharp edges. sourcing of component parts, that a exercise due care to ensure that any Proposed § 1107.23(d) would state manufacturer exercising due care knows component part undergoing component- that a material change in the sourcing of or should know that such material part-level testing is the same as the component parts results when the change could affect the product’s ability component part on the finished replacement of one component part of a to comply with the applicable children’s children’s product in all material children’s product with another product safety rules, the manufacturer respects. component part could affect compliance must submit a sufficient number of Proposed § 1107.23(b) would state with the applicable children’s product samples of the materially changed that, for purposes of proposed subpart safety rules. This would include, but is product for testing by a third party B, the term ‘‘product design’’ includes all not limited to, changes in component conformity assessment body. Such component parts, their composition, part composition, component part testing would be required before a and their interaction and functionality supplier, or the use of a different manufacturer could certify the when assembled. To determine which component part from the same supplier children’s product. The extent of such children’s product safety rules apply to who provided the initial component testing would depend on the nature of a children’s product, a manufacturer part.

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e. Proposed § 1107.24—Undue Influence redesign, changes in the manufacturing be maintained for 5 years. All records Proposed § 1107.24(a) would process, or changes in component part would be required to be available in the implement the requirement to safeguard sourcing. For existing production, English language. remedial action may include rework, against undue influence, pursuant to 4. Proposed Subpart D—Consumer repair, or scrap of the children’s section 14(d)(2)(B)(iv) of the CPSA, by Product Labeling Program requiring each manufacturer to establish product. If a remedial action results in procedures to safeguard against the a material change, the proposed rule a. Introduction exercise of undue influence by a would require a manufacturer to have a Proposed subpart D, consisting of one manufacturer on a third party third party conformity assessment body section, would implement the label conformity assessment body. retest the redesigned or remanufactured provision at section 14(d)(2)(A) of the Proposed § 1107.24(b)(1) would product before the manufacturer can CPSA. Section 14(d)(2)(A) of the CPSA require the procedures established certify the product. requires the Commission to initiate a under proposed § 1107.24(a) to include, g. Proposed § 1107.26—Recordkeeping program by which a manufacturer or at a minimum: Proposed § 1107.26(a) would require a private labeler may label a consumer • Safeguards to prevent attempts by children’s product manufacturer subject product as complying with the the manufacturer to exercise undue to an applicable children’s product certification requirements in section influence on a third party conformity safety rule to maintain the following 14(a) of the CPSA. assessment body, including a written records: b. Proposed § 1107.40 Labeling policy statement from company officials • Records of the children’s product Consumer Products To Indicate That the that the exercise of undue influence is certificate for each product. The Certification Requirements of Section 14 not acceptable, and directing that children’s product covered by the of the CPSA Have Been Met appropriate staff receive annual training certificate must be clearly identifiable Proposed § 1107.40(a) would allow on avoiding undue influence, and sign and distinguishable from other manufacturers and private labelers of a a statement attesting to participation in products; such training; • Records of each third party consumer product to indicate, by a • A requirement to notify the certification test. The manufacturer uniform label on or provided with the Commission immediately of any attempt must have separate certification tests product, that the product complies with by the manufacturer to hide or exert records for each manufacturing site; any consumer product safety rule under undue influence over test results; and • Records of the periodic test plan the CPSA, or with any similar rule, ban, • A requirement to inform employees and periodic test results for a children’s standard or regulation under any other that allegations of undue influence may product; act enforced by the CPSC. be reported confidentially to the • Records of descriptions of all Proposed § 1107.40(b) would require Commission and to describe the manner material changes in product design, the label to be printed in bold typeface, in which such a report can be made. manufacturing process, and sourcing of using an Arial font of not less than 12 points, be visible and legible, and state f. Proposed § 1107.25—Remedial Action component parts, and the certification tests run and the test values; ‘‘Meets CPSC Safety Requirements’’. Proposed § 1107.25(a) would require • Records of the undue influence The Commission considered whether each manufacturer of a children’s procedures, including training materials a shorter label statement would product to have a remedial action plan and training records of all employees adequately convey the intended that contains procedures the trained on these procedures; and message and concluded that it would manufacturer must follow to investigate • Records of all remedial actions not. Acronyms such as ‘‘CPSIA’’ or and address failing test results. A taken following a failing test result, ‘‘CPSA’’ were considered. However, the manufacturer would be required to take including the rule that was tested, the Commission concluded that the remedial action after any failing test specific remedial action taken, the date meaning of the acronym might not be result to ensure, with a high degree of the action was taken, the person who known to a sufficient number of people. assurance, that the children’s products authorized the action, any test failure Further, even those persons who might manufactured after the remedial action which necessitated the action, and the know what the acronyms stood for has been taken comply with all results from certification tests showing would not necessarily know why it was applicable children’s product safety compliance after the remedial action marked on the label or product. The rules. was taken. acronym ‘‘CPSC’’ might be more widely Proposed § 1107.25(b) would not Proposed § 1107.26(b) would require a recognized, but viewers still may not permit a manufacturer to certify a manufacturer to maintain the records know why it is present. Further, the product if any certification test by a specified in subpart C at the location Commission does not want the presence third party conformity assessment body within the United States specified in 16 of a ‘‘CPSC’’ marking on a label, package, results in a failure, until the CFR 1110.11(d) or, if the records are not or product to give the impression that manufacturer has taken remedial action maintained at the custodian’s address, the CPSC has tested, approved, or and the product manufactured after the at a location within the United States endorsed the product. remedial action passes certification specified by the custodian. The The Commission also considered the testing. manufacturer would be required to statement ‘‘Meets CPSC Requirements,’’ Proposed § 1107.25(c) would require a make these records available, either in but this statement did not seem very manufacturer whose children’s product hard copy or electronically, for informative for persons who did not has received a failing test result to take inspection by the CPSC upon request. recognize the term ‘‘CPSC.’’ Inserting the remedial action to ensure, with a high Proposed § 1107.26(c) would require a word ‘‘safety’’ to form the statement degree of assurance, that the children’s manufacturer to maintain records ‘‘Meets CPSC Safety Requirements’’ product complies with all applicable (except for test records) for as long as would convey the message that the children’s product safety rules. The the product is in production or product met some safety requirements, proposal would state that remedial imported by the manufacturer plus 5 even to those persons who are not action can include, but is not limited to, years. Test records would be required to familiar with CPSC. Giving the full

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name of the CPSC would make the 2. Objectives and Legal Basis for product safety rule as a secondary or statement too long to be practical in Proposed Rule tertiary activity might not have been some cases, and the length could The Commission is proposing this counted. There is no separate NAICS discourage viewers from reading the rule to implement sections 14(a) and category for importers. Firms that message. Therefore, the proposal would 14(d)(2)(A) and (B) of the CPSA, as import product might be classified as have the statement say ‘‘Meets CPSC amended by the CPSIA. The objective of manufacturers, wholesalers, or retailers. Safety Requirements’’ to indicate that the rule is to reduce the risk of injury a. Manufacturers the product has been certified by the from consumer products, especially manufacturer or private labeler as from products intended for children According to the criteria established complying with all applicable safety aged 12 years and younger. The rule by the Small Business Administration requirements enforced by CPSC. will accomplish this objective by (SBA), manufacturers are generally considered to be small entities if they Proposed § 1107.40(c) would allow a requiring that manufacturers of have fewer than 500 employees. Table 2 consumer product to bear the label if the nonchildren’s products that are subject shows the number of manufacturers that manufacturer or private labeler has to consumer product safety rules are classified by the NAICS categories certified, pursuant to section 14 of the develop and maintain a reasonable that cover most children’s and general CPSA, that the consumer product testing program that provides a high degree of assurance that their products use products that are subject to a complies with all applicable consumer consumer product safety rule. Although product safety rules under the CPSA conform to all the applicable safety standards. For children’s products, an there are more than 36,000 and with all rules, bans, standards, or manufacturers that would be considered regulations applicable to the product additional layer of protection is provided by requiring that certain small in these categories, not all of these under any other act enforced by the firms are engaged in manufacturing Consumer Product Safety Commission. testing be performed by a third party conformity assessment body. The children’s products or general use Proposed § 1107.40(d) would allow a proposed testing programs should allow products that are subject to a consumer manufacturer or private labeler to use manufacturers to discover noncompliant product safety rule. It would be another label on the consumer product products and take the necessary expected that most of the firms engaged as long as such label does not alter or corrective actions to keep noncompliant in Doll, Toy, and Game manufacturing mislead consumers as to the meaning of products from entering commerce or to produce some products that are the label described in proposed remove them expeditiously if they have intended for children age 12 and § 1107.40(b). A manufacturer or private been introduced into commerce. younger. On the other hand, All Other labeler would not be allowed to imply Miscellaneous Chemical Product and that the CPSC has tested, approved, or 3. Number of Small Firms Impacted Preparation Manufacturing includes endorsed the product. The number of firms that could be some products such as matchbooks and impacted was estimated by reviewing fireworks, subject to consumer product D. Regulatory Flexibility Act every category in the North American safety rules but also includes products, 1. Introduction Industrial Classification System such as distilled water and hydraulic (NAICS) and selecting those firms that fluids, that are not subject to consumer The Commission has examined the manufacture or sell any consumer product safety rules. All Other impact of the proposed rule under the product that could be covered by a Miscellaneous Electrical Equipment and Regulatory Flexibility Act (5 U.S.C. 601 consumer product safety rule. These Component Manufacturing includes through 612). The Regulatory Flexibility firms include any establishment that consumer products such as garage door Act requires agencies to analyze could manufacture or sell a openers as well as non consumer regulatory options that would minimize nonchildren’s product or children’s products such as particle accelerators. any significant impact of a rule on small products. Firms are classified by an The Surgical Appliance and Supplies entities. The Commission has conducted NAICS code that describes their primary Manufacturing category includes an initial regulatory flexibility analysis activity. Therefore, firms that might bicycle helmets, but most of the other of the proposed rule regarding the manufacture or import consumer products in this category are not under potential impact on small entities. products covered by a consumer CPSC jurisdiction.

TABLE 2—MANUFACTURERS

NAICS code Description Small firms Total firms

31411 ...... Carpet and Rug Mills ...... 261 284 31519 ...... Other Apparel Knitting Mills (Outerwear, Underwear, and Sleepwear) ...... 235 246 3152 ...... Cut and Sew Apparel Manufacturing ...... 9,313 9,388 3159 ...... Apparel Accessories and Other Apparel Manufacturing ...... 907 920 316211 ...... Rubber and Plastic Footwear Manufacturing ...... 52 56 316212 ...... House Slipper Manufacturing ...... 2 2 316219 ...... Other Footwear Manufacturing ...... 68 69 321911 ...... Wood Window and Door Manufacturing ...... 1,241 1,297 32551 ...... Paint and Coating Manufacturing ...... 1,042 1,093 325998 ...... All Other Misc. Chemical Product and Preparation Manufacturing ...... 957 1,045 326191 ...... Plastics Plumbing Fixture Manufacturing ...... 465 488 326299 ...... All Other Rubber Product Manufacturing ...... 633 681 332321 ...... Metal Window and Door Manufacturing ...... 1,071 1,138 332998 ...... Enameled Iron and Metal Sanitary Ware Manufacturing ...... 60 72 333112 ...... Lawn and Garden Tractor and Home Lawn and Garden Equip. Mfg...... 117 134 33422 ...... Radio, Television Broadcasting and Wireless Comm. Equip. Mfg...... 811 894 335222 ...... Household Refrigerator and Home Freezer Manufacturing ...... 12 18

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TABLE 2—MANUFACTURERS—Continued

NAICS code Description Small firms Total firms

335999 ...... All Other Misc. Electrical Equipment and Component Mfg...... 737 791 336991 ...... Motorcycle, Bicycle, and Parts Manufacturing ...... 456 466 33712 ...... Household and Institutional Furniture Manufacturing ...... 6,052 6,179 33791 ...... Mattress Manufacturing ...... 448 462 339113 ...... Surgical Appliance and Supplies Manufacturing ...... 1,601 1,691 33991 ...... Jewelry and Silverware Manufacturing ...... 2,737 2,752 33992 ...... Sporting and Athletic Goods Manufacturing ...... 1,886 1,930 33993 ...... Doll, Toy and Game Manufacturing ...... 763 776 339999 ...... All Other Miscellaneous Manufacturing ...... 4,440 4,499

Total Manufacturers ...... 36,367 37,371 Source: U.S. Census Bureau, 2006 County Business Patterns.

b. Wholesalers 3 shows the number of wholesalers by are subject to a consumer product safety NAICS code that would cover most rule. A significant proportion of the Wholesalers would be impacted by children’s products and general use firms classified as Toy and Hobby the proposed rule if they import any products that are subject to a consumer Goods and Supplies Merchant children’s products or general use product safety rule. According to the Wholesalers probably import at least products that are subject to a consumer SBA criteria, wholesalers are generally some children’s products. However, the product safety rule. Wholesalers that considered to be small entities if they only firms classified as Motor Vehicle obtain their products strictly from have fewer than 100 employees. and Motor Vehicle Parts and Suppliers domestic manufacturers or from other Although there are more than 77,000 would be those that import all terrain wholesalers would not be impacted by wholesalers that would be considered vehicles or other off-road vehicles, the proposed rule since the small in these categories, not all of these especially those intended for children manufacturer would be responsible for firms are engaged in importing age 12 years and younger. testing and certifying the product. Table children’s or general use products that

TABLE 3—WHOLESALERS

NAICS Code Description Small firms Total firms

4231 ...... Motor Vehicle and Motor Vehicle Parts and Suppliers ...... 16,947 17,858 4232 ...... Furniture and Home Furnishing Merchant Wholesalers ...... 10,534 10,981 42362 ...... Electrical and Electronic Appliance, Television, and Radio Set Merchant Wholesalers ...... 2,147 2,269 42391 ...... Sporting and Recreational Goods and Supplies Merchant Wholesalers ...... 4,397 4,552 42392 ...... Toy and Hobby Goods and Supplies Merchant Wholesalers ...... 2,170 2,248 42394 ...... Jewelry, Watch, Precious Stone, and Precious Metal Merchant Wholesalers ...... 7,735 7,815 42399 ...... Other Miscellaneous Durable Goods Merchant Wholesalers ...... 10,146 10,367 42432 ...... Men’s and Boy’s Clothing and Furnishings Merchant Wholesalers ...... 3,235 3,393 42433 ...... Women’s, Children’s, and Infant’s Clothing, and Accessories Merchant Wholesalers ...... 5,965 6,186 42434 ...... Footwear Merchant Wholesalers ...... 1,434 1,493 42499 ...... Other Miscellaneous Nondurable Goods Merchant Wholesalers ...... 12,497 12,753

Total ...... 77,207 79,915 Source: U.S. Census Bureau, 2006 County Business Patterns.

c. Retailers bodies. The number of such retailers is million ($25 million in the case of not known. Table 4 shows the number general merchandise stores). Although Retailers that obtain all of their of retailers by NAICS code that would there are more than 125,000 that would products from domestic manufacturers cover most children’s products. be considered to be small businesses in or wholesalers will not be directly According to the SBA criteria, retailers these categories, it is not known how impacted by the proposed rule, since are generally considered to be small many of these firms are engaged in the direct impact of the proposed rule entities if their annual sales are less importing or manufacturing children’s would be experienced by the than $7 million ($27 million in the case or general use products that are subject manufacturer. However, there are some of general merchandise stores). Because to a consumer product safety rule. Many retailers that manufacture or directly of the way in which the data were of these firms probably obtain all of import some products and, therefore, reported, Table 4 shows the total their products from domestic would be responsible for ensuring that number of firms in each of the wholesalers or manufacturers and these products are subjected to testing categories that operated all year and the would not be directly impacted by the by third party conformity assessment number with sales of less than $5 rule.

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TABLE 4—RETAILERS

NAICS Code Description Small firms Total firms

441221 ...... Motorcycle, ATV, and Personal Watercraft Dealers ...... 3,969 4,001 4421 ...... Furniture Stores ...... 16,282 17,542 44813 ...... Children’s and Infant’s Clothing Stores ...... 2,146 2,200 44814 ...... Family Clothing Stores ...... 5,998 6,240 4482103 ...... Children’s & juveniles’ shoe stores ...... 300 305 4483 ...... Jewelry, luggage, & leather goods stores ...... 16,341 16,778 45111 ...... Sporting goods stores ...... 14,451 14,831 45112 ...... Hobby, toy, & game stores ...... 4,832 4,903 452 ...... General Merchandise Stores ...... 7,387 7,494 45322 ...... Gift, Novelty, and Souvenir Store ...... 21,412 21,637 453998 ...... All Other Misc. Store Retailers (except Tobacco Stores) ...... 11,934 12,228 4542 ...... Vending machine operators ...... 4,081 4,278 45439 ...... Other direct selling establishments ...... 15,938 16,431

Total ...... 125,071 128,868 Source: U.S. Census Bureau, 2002 Economic Census, Release date 11/25/2005.

4. The Potential Effects of the Proposed program for production testing. b. Third Party Testing of Children’s Rule Statistical skills or statistical Products consultants may be required to a. Reasonable Testing Program The proposed rule would establish determine the frequency, sample size, requirements for the continued testing The proposed rule would require any and collection method for production of children’s products by third party manufacturer of a nonchildren’s product testing. For some production tests, conformity assessment bodies for to establish a reasonable testing program professionals such as engineers or certification, periodically, and when for the product unless they test every chemists might be required, depending there has been a material change in the product. Most manufacturers probably upon the consumer product safety rules products design or manufacturing have some quality control programs in applicable to the product. In some cases, process, including the sourcing of place that are intended to demonstrate the production tests could be carried out component parts. that the products as manufactured meet by the firm’s production workers or Manufacturers will have to develop the manufacturer’s specifications, technicians, perhaps working under the and maintain records that demonstrate including their specifications for supervision of an engineer, chemist, or compliance with the third party testing complying with any safety regulations. similar professional. When the requirements. The Commission In some cases, these programs would manufacturer does not have the internal welcomes comment on these meet the requirements of the reasonable capability to perform some of the requirements, including comments on testing program as described in the required production testing, the testing the possible burden that these proposed rule. Other manufacturers may may need to be performed by a third recordkeeping requirements might have to modify their current programs to party testing assessment body. impose. ensure that they meet the requirements The cost to firms of complying with It is expected that the cost of the third of the proposed rule. For example, some this provision of the proposed rule party testing requirements could have a manufacturers might have to modify would depend upon the extent of the significant impact on a substantial their programs to ensure that the testing changes that firms will have to make to number of small entities. The cost of program adequately covers all consumer their existing testing programs. For third party testing is influenced by product safety rules that are applicable firms that already have testing programs many factors, including the amount and to their products. Some manufacturers that would meet the requirements of the skill of the labor required to conduct the might have to increase their testing proposed rule, there could be no tests, the cost of the equipment frequency. Some manufacturers might additional costs. For other firms, the involved, the cost of transporting the have some informal testing programs cost of complying with the requirements product samples to the test facility, and that would have to be formalized and of the proposed rule will depend upon the geographic area where the tests are better documented. There may also be several factors, including the conducted. Some tests require a some manufacturers that do not have a characteristics of their products and the substantial amount of time to conduct program in place. These firms will have steps that the firm will have to take to including the preparation of the sample. to develop reasonable testing programs. comply with the requirements. Because It might take a couple of days, for Compliance with the proposed rule of the wide variety of products and example, to test a bicycle for would require a variety of professional manufacturers that would be covered by compliance with the bicycle standard skills on the part of manufacturers. the proposed rule and because the (16 CFR part 1512). Similarly, a chemist Lawyers may be required to review characteristics of each product and the testing the lead content of a product CPSC regulations in order to determine circumstances of each firm are different, might be able to test only a few which regulations are applicable to a the Commission cannot reliably component parts a day due to the product. Depending upon the specific estimate the cost to manufacturers of the amount of time required to prepare the product and the safety rules that are reasonable testing program requirement samples and to clean and calibrate the applicable to it, people with knowledge of the proposed rule. The Commission equipment between tests. of subjects such as engineering and invites comments that provide more It should be noted that the price that chemistry may be required to develop information on the cost and other a given manufacturer pays for testing is the product specifications, conduct the impacts of this requirement on often the result of negotiations between certification tests, and to design a manufacturers. the testing laboratory and the

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manufacturer. Manufacturers that do a testing one bicycle may range from ii. Cost of Third Party Testing by large volume of business with a testing around $700, if the testing is performed Product laboratory can frequently obtain in China, to around $1,100 if the testing The cost to obtain the required third substantial discounts on the laboratory’s is performed in the United States. A normal charges, whereas manufacturers party testing for a product depends on manufacturer that needs several models the types and number of tests that must that do only a small volume of business of bicycle tested at the same time might may not. be performed on each product, the size be able to obtain discounts from these of the sample that is required to provide Some information on the cost of third prices. However, this does not include party testing for some of the applicable a high degree of assurance that the the testing of component parts for lead tests is provided below. The information products comply with the applicable and phthalates, which would add to the was collected from a number of sources, safety rules, and the extent to which including published price lists from costs of bicycle testing. component part testing can be used. some testing laboratories, conversations Bicycle Helmets: One laboratory Because of the wide variety of with representatives of testing quoted a price of $600 for testing one manufacturers, and importers, and laboratories, and actual invoices model of a bicycle helmet to the CPSC products that would be affected by the provided by consumer product bicycle helmet standard. A price list proposed rule, we cannot provide manufacturers. The data are not based from another laboratory stated that comprehensive estimates of the impact upon a statistically valid survey of conducting the certification testing to of the proposed rule on all products or testing laboratories. Additionally, the the Snell Foundation’s bicycle helmet firms. The discussion immediately costs are only the costs that would be standard (which is similar to the CPSC below is intended to provide some charged by the testing laboratory and do standard, but considered by some to be perspective on the potential impact. The not include the costs of the products more stringent) was $830. Commission invites additional public consumed in destructive tests or the comments on the discussion and more cost of shipping the samples to the Full-Size Cribs: As with bicycles, specific information on the impact and laboratories. testing cribs requires a substantial cost of the third party testing amount of labor time to assemble the requirements of the proposed rule. i. Costs Associated With Various Third crib, take the appropriate measurements Party Tests The third party testing costs discussed and perform the required tests. The cost in this section apply to the costs Lead Content and Lead-in-Paint: The of testing a full-size crib will be around associated with either the periodic cost per component part for testing for $1,200 in the United States. The cost testing requirement or the requirement lead content and lead-in-paint using can vary depending on the features of that additional third party testing be inductively coupled plasma (ICP) the individual cribs that require testing conducted if there is a material change analysis will range from a low of about and between laboratories. Some in the product’s design or $20 per test to more than $100 per test. manufacturers might receive discounted manufacturing process. However, in the The lowest per unit cost represents a prices. This does not include testing the latter case, the testing might be limited substantially discounted price charged crib for lead and phthalates, which, to to those rules where compliance might to a particular customer by a laboratory the extent necessary, would add to the have been impacted by the change. in China and might not be typical. cost of testing a crib to all applicable Number of units for testing: The Within the United States, typical prices safety rules. range from around $50 to more than proposed rule would require the $100 per test. Toys: The ASTM F963 toy standard manufacturer to submit enough units to The cost of testing for lead content was made a mandatory standard by the the conformity assessment body to using XRF technology is significantly CPSIA. The standard includes a wide provide a high degree of assurance that less expensive. Some firms have offered variety of tests, including tests for the products comply with the applicable to screen products for lead content for soluble heavy metals in surface coatings consumer product safety rules. The as little as $2 per test. These offers were and for various physical and mechanical exact number will depend upon the generally directed to stores or criteria. Based on the itemized prices on characteristics of the product, the lot businesses that wanted to check their several invoices from testing size, whether the tests produce inventory for conformity with the laboratories that have been provided to quantitative or qualitative data, whether retroactive lead content requirements CPSC staff or otherwise made public, the product has an established that were contained in the CPSIA. Some the cost of the physical and mechanical reasonable testing program, and the testing laboratories will charge for XRF tests range from about $50 to $245. The interpretation of a high degree of assurance. A discussion of the statistical testing at an hourly rate, which can be cost of the chemical test for the presence aspects of designing a sampling plan around $100. Ten to 30 components of heavy metals ranges from about $60 was presented by Dr. Michael Greene of parts can be tested in an hour. However, to $190 per surface coating. Again, these with the exception of some plastics, the CPSC staff at the Product Testing costs do not include testing for lead and Workshop on December 10, 2009. XRF is not acceptable for all phthalates, which add to the total cost. certification purposes. Quantitative testing data is data where Phthalates: The cost of testing for The flammability requirements of the relevant variable can be measured phthalate content will range from ASTM F963 were not made mandatory with some degree of precision. For around $100 (a discounted price by a by the CPSIA, but the Commission was example, the lead content of a substance laboratory in China) to about $350. directed to examine the flammability can be measured in terms of parts per These are the costs per component part requirements and consider million (ppm). Qualitative data is where and include testing for all six of the promulgating rules addressing the issue. the outcome of a test is simply a ‘‘pass’’ prohibited phthalates specified in the If some flammability tests are eventually or ‘‘fail.’’ For example, in a drop test the CPSIA. required, the cost per test could be in result might simply be whether a sharp Bicycle Standard: According to one the range of $20 to $50 based on some edge was exposed (a ‘‘fail’’) or a sharp testing laboratory, it takes 1 to 2 days to observed costs for the ASTM F963 edge was not exposed (a ‘‘pass’’). When test a bicycle. The estimated price for flammability tests. the data is qualitative, the sample size

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will usually have to be larger than when products are in compliance and a lot sizes by mean and standard the data is quantitative. manufacturer is testing a component deviation (assuming a normal For example, as of August 14, 2011 part for lead content, then the distribution). Larger sample sizes would the lead content of children’s products manufacturer could determine the be required for products with higher must be no greater than 100 ppm unless appropriate sample size if it knew the means, larger standard deviations, and the Commission determines that a limit mean lead content of the component larger lot sizes. Smaller sample sizes of 100 ppm is not technologically part, the standard deviation about the would be required for products with feasible for a product or product mean, and the size of the lot that was lower means, standard deviations and category. If, for illustrative purposes, a to be tested. Table 5 shows the sample lot sizes. high degree of assurance means at least sizes that would be required to provide a 95 percent probability that all a high degree of assurance for different

TABLE 5—SAMPLE SIZES REQUIRED TO PROVIDE AT LEAST 95 PERCENT PROBABILITY THAT THE LOT IS COMPLIANT (GIVEN THE AVAILABILITY OF QUANTITATIVE TEST DATA)

Standard deviation Sample size Probability that the Mean (ppm) (ppm) Lot size (units) (units) lot is compliant

10 ...... 1 1,000 4 .998 10 ...... 1 2,500 4 .995 10 ...... 1 10,000 4 .992 10 ...... 1 25,000 5 .978 10 ...... 1 50,000 5 .957 15 ...... 3 1,000 5 .993 15 ...... 3 2,500 5 .983 15 ...... 3 10,000 6 .992 15 ...... 3 25,000 6 .981 15 ...... 3 50,000 6 .962 35 ...... 5 1,000 6 .965 35 ...... 5 2,500 7 .976 35 ...... 5 10,000 8 .972 35 ...... 5 25,000 9 .978 35 ...... 5 50,000 9 .957

Where only qualitative (e.g., pass/fail) 10,000 units, there would be a 95 finished product. If, following the testing data is available, the sample percent probability that no more than sample sizes in Table 5, the mean of the sizes needed to provide a high degree of 600 of the products would be component was 10 and the standard assurance will be higher than those in noncompliant. If a higher level of deviation was 1, this would reduce the Table 5. Such tests include some of the assurance were required, the sample cost of testing that component part by a use and abuse tests for testing children’s size would have to be larger. If a lower factor of four over the cost that would products (e.g., the drop test). As level of assurance were acceptable the apply if only tests on the finished discussed by Dr. Michael Greene at the sample size could be smaller. product were acceptable. This is CPSIA Product Testing Workshop, more The examples in Table 5 illustrate the because without component part testing, samples may be necessary because there disproportionate impact that the the manufacturer would have to is more uncertainty in the test data. In proposed rule could have on small conduct tests on the component part as other words, with only pass/fail data, it businesses or businesses with low- it was used in each of the five products. is not known if the result was close to volume products. In the first example in If each product were produced in lots of the threshold or far from the threshold. Table 5, the same number of units 10,000 units, this would amount to four In these cases, it might be necessary to would have to be submitted to a third tests on the component for each product define a high degree of assurance as a party testing conformity assessment or 20 total tests on the same component probability that no more than a given body whether 1,000 units or 10,000 part. With component part testing, the proportion of noncompliant products. units were in the lot. In other words, the manufacturer could simply conduct the For example, as discussed by Dr. Greene total third party testing costs would be tests on the component part, which was at the Product Testing Workshop, a 95 the same, but the cost per unit for a assumed to be purchased in a lot of percent probability that no more than a manufacturer producing only 1,000 50,000 units, which would only require certain proportion ‘‘p’’ of the units in a units would be 10 times the cost per five tests of the component to provide lot do not comply is approximately unit for a manufacturer producing a 95 percent probability that all of the given by the formula p ≈ 3/k, where ‘‘k’’ 10,000 units. units in the lot were in compliance. is the sample size. Thus, if 50 items The examples in table 5 also illustrate Random Samples: The proposed rule were tested and no noncompliant items the potential that component part would require that samples for periodic were found, there is a 95 percent testing could offer for reducing the cost testing for children’s products be probability that no more than 6 percent of testing. For example, assume a selected randomly. A random sample is of the items in the lot do not comply. manufacturer produces five products in one in which each unit has an equal In other words, if the lot size were 1,000 lots of 10,000 units, but uses a common chance of being included in the sample. and 50 units were tested and no component part on each of the products The proposed rule would specify that noncompliant product were found, that it purchases in lots of 50,000. The each unit produced or imported by the there is a 95 percent probability that no manufacturer could conduct the firm since the last random sample was more than 60 units in the entire lot are applicable chemical tests on the drawn must have an equal chance of not in compliance. If the lot size were component part rather than on the being selected. There will be some

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additional cost associated with selecting provide the required high degree of that testing four units could statistically a random sample rather than a assurance, then the cost of the third provide the required high degree of convenience sample. The Commission party testing to the manufacturer would assurance, then the cost the chemical invites comments on this proposed be $18,600. testing for this toy would be $4,848 provision and is especially interested in The manufacturer in this example ($1,212 × 4). If the means or standard comments describing the cost or other might be able to reduce the testing costs deviations of the lead, heavy metal, or burdens that this proposed provision with component part testing if some of phthalate content were higher, which is would impose. the components parts were used on likely the case for some materials, more more than one model. If component part units might have to be tested to provide iii. Hypothetical Product Testing testing reduced the cost of the lead the required high degree of assurance Examples content testing by this manufacturer by and the resulting cost would also be To provide some information on what a factor of four, then the cost of testing higher. the magnitude of the third party testing to the bicycle standard itself would still Because the testing data for costs may be for some manufacturers of be $900, but the average cost of testing mechanical requirements are qualitative children’s products, this section the lead content of the component parts in nature, the number of units that discusses the potential cost of would be reduced to $12.50 per might have to be tested to provide the conducting third party testing for two component part. Therefore the cost of required high degree of assurance would product categories: Bicycles and toys. testing the bicycle once would be be more than required for the chemical These examples are hypothetical and $1,837.50. The cost to test four units to tests. If a high degree of assurance were are intended to illustrate some potential provide the required high degree of considered to be a 95 percent cost implications of the proposed rule assurance would be $7,350. probability that no more than 6 percent but might not be representative of every The total cost of the third party testing of the units in the lot did not comply, manufacturer in each category. The to the manufacturer would depend upon then 50 units would have to be tested. costs per test that are assumed in the the number of youth model bicycles that In this case, the cost of mechanical examples can vary significantly. The the manufacturer offered. If the testing would be $2,500 ($50 × 50). Commission invites any comments that manufacturer had five different models, Combining the cost of the chemical provide better information on the and if component part testing could tests and the cost of the tests for potential impacts on individual reduce the costs of the lead-content mechanical or physical requirements, manufacturers. testing by a factor of four, the total cost the total cost to this hypothetical Bicycles: Children’s bicycles must be of the third party testing to the firm manufacturer to obtain the required tested for compliance with the CPSC would be about $36,750. high degree of assurance that the bicycle standard, which was estimated Toys: Toys are subject to the products complied with all applicable above to cost between $700 and $1,100. requirements for lead and phthalate safety rules would be $7,348. If, as in Additionally, the paint used on the content, and to several physical and the bicycle example, component part bicycle must be tested for compliance mechanical requirements, including the testing could be used to reduce the cost with the lead-in-paint standard and the requirements of ASTM F963, which was of the chemical testing by a factor of accessible component parts on the made a mandatory standard by the four, then the total cost of testing the toy bicycle must be tested for lead content. CPSIA. In this example, it is assumed could be reduced to $3,712 ($4,848/4 + The number of paints and component that the testing costs are at the low to $2,500). parts that require testing can vary middle part of the ranges and that the Again, the total cost to the among different models, but information hypothesized toy contains one metal manufacturer would depend upon provided by CPSC Compliance staff component part that must be tested for factors such as the complexity of the suggests that 75 components parts might lead content using ICP analysis (at $50) products, the variation in the materials be a reasonable estimate for the average. and two plastic component parts for used, the opportunities to use This example will use estimates in the which XRF analysis can be used for component part testing, and the number middle of these ranges for the testing determining the lead content (two tests of different toys that were offered. For costs discussed above and assume that at $6 each). The plastic component parts example, if the manufacturer offered the cost of testing to the bicycle also must be tested for phthalate content five similar toys and the third party standard is $900 and the cost for testing (two tests at $225 each). Additionally, it testing costs were similar for each toy a component part for lead content is is assumed that the toy contains four and component part testing allowed the $50. It is further assumed that different paints that must be tested for manufacturer to reduce the costs of quantitative data is available for all both lead content ($50/test) and soluble chemical testing by a factor of four, the applicable tests and that the variation is heavy metals ($125/test). Finally, it is total cost to the manufacturer for testing low enough that testing four units will assumed that the toy is subject to some the toys would be $18,560. The annual provide the high degree of assurance mechanical requirements that include cost would be higher if the testing had desired that products comply with the use and abuse testing for which only to be repeated more than once annually applicable safety rules. To the extent qualitative data is available at $50 per or there were material changes in the that some of the tests in the bicycle test. Thus, the cost of testing this toy for design of the products or production standard might be qualitative in nature, compliance to each applicable rule one processes during the year. the sample size for testing would need time would be $1,262: $1,212 is to be larger. associated with the chemical (lead, iv. Impact of Third Party Testing on If component part testing is not heavy metal, and phthalate) testing and Firms available to this manufacturer, the cost $50 is associated with the mechanical Whether such costs would have a of testing the bicycle to each applicable testing (including use and abuse substantial adverse impact on a firm safety rule one time would be about testing). depends upon the individual $4,650 (testing to the bicycle standard If the means and standard deviations circumstances of the firm. One factor itself at $900 and testing 75 components of the lead, heavy metal, and phthalate that can give an indication of whether parts for lead content). If a sample of contents of all of the product something will have a significant impact four units were required to be tested to components parts are sufficiently low is the magnitude of the impact in

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relation to the revenue of the firm. A another test. For some chemical tests, it This could be especially important for typical profit rate is about 5 percent of may be necessary to use more than one firms that expected to serve a niche revenue. In other words, for every $1 of sample of the product to obtain enough market, including products intended for revenue, only 5 cents might remain after of a component to test.) If the children with special needs. The paying all expenses. Therefore, a new manufacturer received $4 for each unit, requirement for third party testing when cost that amounted to 1 percent of then the periodic third party testing there is a material change in a product’s revenue could, all other things equal, costs would amount to about 1.5 percent design or manufacturing process could reduce the profit by 20 percent and of revenue ($0.06/$4), which still could cause some small or low-volume might be considered to be a significant be considered to be a significant impact. manufacturers to forgo or delay impact by some firms. This would be If component part testing reduced the implementing some improvements to a consistent with what some other cost of the chemical tests by a factor of product’s design or manufacturing agencies consider to be significant. four, then the cost of the periodic third process in order to avoid the cost of the OSHA, for example, considers an party testing could be reduced to $353 third party testing. impact to be significant if the costs ($50 + $1,212/4) or about $0.02 per unit, exceed 1 percent of revenue or 5 percent if 10,000 units were produced annually The cost of testing some toys and of profit. and third party testing were conducted other children’s products could be Using the toy example above, with only once every two years. This would higher than those in the above component part testing, if the third be about 0.5 percent of revenue if the examples. The cost would be higher, for party testing costs were spread over manufacturer received $4 for each unit, example, for products that had more 10,000 units, the cost of the testing which might not be considered components parts or where the would be about $0.37 per unit ($3,712/ significant. If the production volume variability in the test results was greater, 10,000). According to a toy industry were lower or the revenue per unit which would require more samples to representative, the average retail price of received by the manufacturer were be tested. The cost of testing would also a toy is about $8. However, depending lower, the impact would be greater. If be higher if there was less opportunity upon the channels of distribution and the production volume were higher or for component part testing. The cost of the practices in the particular market or the revenue per unit received by the testing could be lower for products that industry, the price that a manufacturer manufacturer were higher, then the were subject to fewer safety rules or that receives for a product can be less than impact of the third party testing contained fewer component parts. For half of what the product eventually sells requirement would be lower. some apparel articles, for example, the for at retail. Therefore, if the It should be noted that the only cost only tests required might be for lead manufacturer received $4 for the toy considered in this hypothetical example content on some components parts for that cost $0.37 per unit to test, the third is the cost of the third party testing. Any which component part testing might be party testing costs would be 9.2 percent additional costs associated with in- permissible. of revenue ($0.37/$4) and could exceed house periodic testing or a reasonable the expected profit. Even if the testing program would be in addition to Although the above examples manufacturer received $30 per unit for these costs and increase the impact, as illustrate the potential for component the toy (which might indicate a retail would any additional third party testing part testing to reduce the costs of price of around $60 or more), the third costs associated with material changes testing, it might not be an option for all party testing cost would still exceed 1 in the product’s design, the products or manufacturers. Component percent of the revenue per unit and manufacturing processes, or the part testing is most likely to be an might be considered to be a significant sourcing of component parts. Other option for component parts that are impact. costs that were not considered were the common to multiple products (e.g., It is possible that the impact could be cost of the samples consumed in the paints, bolts of a standard size). The reduced if the manufacturer had an testing and the cost of shipping the potential for component part testing to established reasonable testing program samples to the third party conformity reduce the cost of testing would be less that met the requirements of the assessment body. for products that have component parts proposed rule. In such cases, that are unique to that product. manufacturers would be required to v. Caveats and Possible Market conduct periodic third party tests per Reactions to Third Party Testing 5. Protection Against Undue Influence rule at least once every two years rather Requirements The proposed rule would require all than at least once a year. For example, Manufacturers can be expected to manufacturers of children’s products to if the hypothetical manufacturer of the react to a significant increase in their establish procedures to prevent attempts toy used in the above example had a costs due to testing requirements in reasonable testing program and several ways. Some manufacturers to exercise undue influence on a third determined that obtaining one periodic might attempt to redesign their products party conformity assessment body and third party test per applicable rule were to reduce the number of tests required, to report to the Commission sufficient, and the annual production by reducing the features or the number immediately of any attempt by any volume were 10,000 units, then the per of components parts used in their interested party to exert undue unit testing cost (without any products. Manufacturers could also be influence over test results, and that component testing) would be about expected to reduce the number of employees are aware that they may $0.06 ($1,262/20,000). (However, it children’s products that they offer or, in report any allegations of undue should be noted that testing a product some cases, exit the market for influence to the Commission for compliance with each applicable children’s products entirely. Some may confidentially. There would be some rule one time is likely to require that the go out of business altogether. cost to firms to develop the materials or manufacturer submit more than one The requirement for third party training programs to comply with these sample of the product to the testing certification testing could be a barrier to requirements. The Commission invites laboratory. This is because some new firms entering the children’s comments from the public providing required tests cannot be performed on product market, unless they expect to information on the cost and other the same sample that has been used for have relatively high volume products. impacts of this provision.

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6. Consumer Product Labeling Program and certification of consumer products. a. Partial Exemption From Periodic The consumer product labeling Some individual consumer product Testing program that would be established by safety rules contain specific testing The proposed rule would require that the proposed rule would allow firms to requirements. Manufacturers would be all children’s products be tested label any product that complies with the expected to meet the more stringent periodically by a third party conformity certification requirements for the requirements whether they are the assessment body and establishes one provisions of this proposed rule or the product with a label that states that the year as the maximum interval between requirements in the specific safety rule. product ‘‘Meets CPSC Safety third party periodic tests if the However, the rules would not require Requirements.’’ This provision is not manufacturer does not have a manufacturers to duplicate their efforts expected to have a significant impact on reasonable testing program and two to comply with both sets of firms because the program is voluntary years if the manufacturer does have a requirements. Testing and and the costs of adding or modifying a reasonable testing program. However, if recordkeeping required to comply with label on a product are expected to be fewer than 10,000 units of a product the more stringent rule would also meet low. have been manufactured or imported the requirements of the less stringent since the last time the product was 7. Summary of Impact on Small rule. Manufacturers will not be required Businesses to duplicate tests or recordkeeping to submitted to a third party conformity comply with both sets of rules. There assessment body, the manufacturer The proposed rule, if finalized, could would not be subject to the periodic have a significant adverse impact on a are no known Federal rules that conflict with the proposed rule. testing requirements unless 10,000 units substantial number of small businesses. have been manufactured or imported. The provisions of the proposed rule that 9. Alternatives for Reducing the Adverse This provision would allow low-volume are expected to have the most Impact on Small Businesses manufacturers to spread their periodic significant impact are provisions related testing costs over more units. The to requirements for the third party The Commission recognizes that the exemption would not relieve the testing of children’s products with and proposed rule could have a significant manufacturer from the obligation to without a reasonable testing program. and disproportionate impact on small have the product tested by a third party The impact of the proposed rule would and low-volume manufacturers. The conformity assessment body before the be expected to be disproportionate on Commission has incorporated some product is introduced into commerce, or small and low-volume manufacturers. provisions into the proposed rule that when there has been a material change This is because testing costs are are intended to lessen the impact on in the product’s design or production relatively fixed. Therefore, the per unit small businesses. These include some processes, nor would the exemption impact of testing costs will be greater on relief from the periodic testing low-volume producers than on high- requirement for children’s products, the extend beyond the initial exemption for volume producers. ability to use component part testing the first 10,000 units. The provisions of the proposed rule (which would be addressed by a b. Component Testing that would require manufacturers of separate Commission rule elsewhere in nonchildren’s products to establish and this issue of the Federal Register). The The proposed rule would allow firms maintain a reasonable testing program Commission invites comments on these to submit component parts for third also could have an adverse impact on provisions and other provisions or party testing when the required testing some manufacturers. The impact of alternatives that could lessen the does not need to be performed on the these provisions are expected to be less adverse impact on small or low-volume finished product. This can reduce the significant than the impact of the businesses. cost to manufacturers particularly where provisions related to children’s products The Commission is proposing that one component part might be common because many manufacturers are manufactures that have implemented to more than one product. Such believed to already have at least some reasonable testing programs that meet component parts might include paints, quality assurance or testing programs in the requirements contained in the polymers used in molding different place. The provisions related to the proposed rule would be obligated to parts, and standard-sized bolts. In these proposed requirement for a reasonable conduct third party periodic tests at cases the component parts might be testing program are intended to provide least once every two years instead of at received in larger lots than the manufacturers with a high degree of least once every year if they have not production lots of the products in which flexibility in designing and implemented reasonable testing they are used. Therefore, the testing implementing the programs, which programs. This provision could costs for those component parts will be would also serve to reduce the potential significantly reduce the third party spread over more units than if they were impact on a firm. periodic testing costs of manufacturers required to be tested on the finished The other requirements in the that have such programs. However, the products. proposed rule for protection against reduction could be limited for firms that do not have the ability to conduct the 10. Alternatives That May Further undue influence over a conformity Reduce the Impact on Small Businesses assessment body and the consumer tests in-house, for importers that do product labeling program are less likely have significant control over the actual The Commission also invites to have a significant adverse impact on production of their products, and for comments on other alternatives that a substantial number of small manufacturers who might have more could provide some relief to small businesses. The Commission invites frequent material changes in their businesses that would be adversely comments on these provisions. products’ designs, manufacturing impacted by the proposed rule. processes, or sourcing of component Alternatives could include things such 8. Federal Rules Which May Duplicate, parts. The Commission invites comment as: (1) The establishment of different Overlap, or Conflict With the Proposed on this provision, including whether compliance or reporting requirements Rule this provision would provide sufficient that take into account the resources The proposed rule would establish relief to enough firms to maintain this available to small businesses; (2) the the minimum requirements for testing provision in the final rule. clarification, consolidation, or

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simplification of compliance and with the applicable safety rules. E. Paperwork Reduction Act reporting requirements for small However, this would also increase the entities; (3) the use of performance costs associated with third party testing. This proposed rule contains information collection requirements that rather than design standards; and (4) an The Commission invites comments on are subject to public comment and exemption from coverage of the rule, or these and similar alternatives. For review by the Office of Management and any part of the rule thereof, for small example, should the Commission Budget (OMB) under the Paperwork entities to the extent statutorily consider a less stringent requirement? If Reduction Act of 1995 (44 U.S.C. 3501 permissible under section 14 of the so, what should the alternative through 3520). We describe the CPSA. In providing such comments, the requirement be? Should the less provisions in this section of the Commission requests that the comments stringent requirement apply to all document with an estimate of the provide specific suggestions and well manufacturers or only those that meet annual reporting burden. Our estimate developed justifications for the certain criteria, such as to small or low- includes the time for reviewing suggestions. Some possible alternatives volume manufacturers? that could be considered are discussed instructions, gathering and maintaining below. b. Limits on Third Party Testing for the data needed, and completing and Small or Low-Volume Manufacturers reviewing each collection of a. Less Stringent Requirements for Third information. Party Testing The Commission could consider additional alternatives that would We particularly invite comments on: The proposed rule would require that provide relief to small or low-volume (1) Whether the collection of enough third party tests be conducted to manufacturers. Substantial relief could information is necessary for the proper provide a high degree of assurance that be provided to small or low-volume performance of the CPSC’s functions, the products comply with the applicable manufacturers. The Commission invites including whether the information will rules. This could require most comments on third party testing limits have practical utility; (2) the accuracy of manufacturers to submit multiple for small or low-volume manufacturers the CPSC’s estimate of the burden of the samples for third party testing each that still meet statutory requirements of proposed collection of information, year, especially if they have not section 14(d) of the CPSA. In providing including the validity of the implemented a reasonable testing such comments, it is important to note methodology and assumptions used; (3) program. However, the Commission that the Commission cannot exempt ways to enhance the quality, utility, and could adopt an alternative that would clarity of the information to be limit the number of samples required for small or low-volume manufacturers of children’s products from initial third collected; and (4) ways to minimize the third party testing. For example, the burden of the collection of information Commission could simply require that party certification testing to applicable standards, regulations, or bans or from on respondents, including through the manufacturers submit sufficient samples use of automated collection techniques, to a third party conformity assessment third party testing when there is a material change to the product and has when appropriate, and other forms of body so that compliance with each rule information technology. could be assessed at least once annually. already specified limits on periodic The proposed rule would require that testing where a manufacturer produces Title: Testing and Labeling Pertaining periodic third party testing be less than 10,000 units of a particular to Product Certification. conducted at least once a year or at least product. The Commission seeks Description: The proposed rule would once every two years if the comments on additional alternatives implement section 102(b) of the CPSIA, manufacturer has established a that may provide testing cost relief to which requires certifications of reasonable testing program. A year was small or low-volume manufacturers compliance with safety standards for chosen as the maximum interval while still satisfying the testing and each product subject to a consumer between periodic testing because many compliance requirements of section product safety rule, ban, standard, or children’s products are produced on an 14(d) of the CPSA. regulation promulgated and/or enforced annual or seasonal cycle, but, in the c. Alternative Test Methods for Small or by the CPSC. A certification that a case of manufacturers with reasonable Low-Volume Manufacturers nonchildren’s product complies with testing programs, the Commission applicable consumer products safety believed that the information about the Some small manufacturers have rules, bans, standards, and regulations products provided the manufacturer by encouraged the Commission to allow must be supported by a reasonable the internal testing programs could alternative test methods such as those testing program or a test of each substitute for some third party tests. The relying on XRF technology. XRF testing product. A certification that a children’s Commission could, however, consider a methods are significantly less expensive product complies with the applicable different maximum interval between the than the ICP analysis that the children’s product safety rules must be periodic tests. For example, the Commission currently requires for most supported by testing performed by an Commission could consider requiring lead content testing (with the exception approved third party conformity that third party tests be conducted at of homogenous polymer products). The assessment body. The proposed rule less frequent or more frequent intervals. Commission staff uses XRF for would impose recordkeeping The advantage of less stringent screening samples. requirements related to those testing requirements is that they could The Commission invites comments on and certification requirements. The significantly reduce the cost of the third the possibility of using alternative recordkeeping requirements are party testing requirement. The testing technologies for reducing the intended to allow one to uniquely disadvantage is that the testing would burden on small and low-volume identify each product and establish that provide less information about whether manufacturers. For example, could the it was properly certified before it enters all of the products produced were in Commission allow small or low-volume commerce and has been properly compliance with the applicable safety manufacturers to use less expensive, but retested for conformity with all rules. Requiring third party tests more potentially less accurate third party applicable rules on a continuing basis, frequently would provide additional testing methods? If so, under what including after a material change in the assurance that the products comply conditions? product’s design or manufacturing

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processes, including the sourcing of the product and the amount of testing is the total hourly compensation for component parts. that must be documented. CPSC staff private sector workers in management, Each manufacturer or importer of a does not have comprehensive data on professional, and related occupations. consumer product subject to an the universe of products that will be The recordkeeping requirements are not applicable safety rule would be required impacted. Therefore, estimates of the expected to result in any additional cost to establish and maintain the following hour burden of the recordkeeping to the Federal government. The CPSC records: requirements are somewhat speculative. will likely request access to these • A copy of the certificate of The CPSC invites comments that can records only when it is investigating compliance for each product. In the case provide more information about the potentially defective or noncomplying of nonchildren’s products, the required number of hours required for the products. Investigating potentially certificate is a general conformity recordkeeping requirements of the defective or noncomplying product is a certificate. In the case of children’s proposed rule. regular ongoing activity of the products, the certificate must be based Previously, the CPSC staff estimated Commission. It is anticipated that access upon testing by a third party conformity that the recordkeeping burden of the to the records required by this rule will assessment body. (Proposed mattress open flame flammability make it easier for the investigators to §§ 1107.10(a)(5)(i)(A), 1107.26(a)(1)) standard would be about one hour per narrow the scope of their investigations • For nonchildren’s products, a model (prototype) per year. Many of the to particular production or import lots. record of each product specification, recordkeeping requirements in that In compliance with the Paperwork including any new product specification standard are comparable to the Reduction Act of 1995 (44 U.S.C. resulting from remedial action. requirements in this proposed rule. 3507(d)), we have submitted the (Proposed § 1107.10(a)(5)(i)(B) and (E)) However, that rule concerned only the information collection requirements of • Records of each certification test, recordkeeping requirements for one rule this rule to OMB for review. Interested including identification of the third (mattress flammability) while persons are requested to fax comments party conformity assessment body, if manufacturers of children’s products regarding information collection by June any, that conducted the test. (Proposed will frequently have to document their 21, 2010, to the Office of Information §§ 1107.10(a)(5)(i)(C), 1107.26(a)(2)) compliance with more than one product • and Regulatory Affairs, OMB (see Records of the production testing safety rule (e.g., lead-in-paint, lead ADDRESSES). and periodic test plans and results. content, phthalates, and some product (Proposed §§ 1107.10(a)(5)(i)(D), specific rules, such as the ASTM F963 F. Environmental Considerations 1107.26(a)(3)) toy standard). Therefore, one can This proposed rule falls within the • For children’s products, records assume the burden of the proposed rule scope of the Commission’s relating to all material changes. could be twice the hour burden of the environmental review regulations at 16 (Proposed § 1107.26(a)(4)) recordkeeping required for the mattress CFR 1021.5(c)(2) which provides a • Records of all remedial actions flammability rule. (Information on the categorical exclusion from any taken. (Proposed §§ 1107.10(a)(5)(i)(E), product safety rules that apply to requirement for the agency to prepare an 1107.26(a)(6)) different consumer products can be • environmental assessment or For children’s products, records of found at http://www.cpsc.gov/businfo/ environmental impact statement for undue influence procedures. (Proposed regsbyproduct.html.) product certification rules. § 1107.26(a)(5)) According to a representative of a Description of Respondents: The trade association, there are an estimated G. Executive Order 12988 recordkeeping requirements contained 50,000 to 60,000 individual toys on the Executive Order 12988 (February 5, in this proposed rule would apply to all market. It is likely that there are at least 1996), requires agencies to state in clear manufacturers or importers of consumer that many other children’s products in language the preemptive effect, if any, of products that are covered by one or product categories such as wearing new regulations. The proposed more consumer product safety rules apparel, accessories, jewelry, juvenile regulation would be issued under promulgated and/or enforced by the products, children’s furniture, etc. authority of the CPSA and the CPSIA. CPSC. The CPSC reviewed every Additionally nonchildren’s products The CPSA provision on preemption category in the NAICS and selected that are subject to product safety rules appears at section 26 of the CPSA. The those that included firms that could include paints, nonmetal furniture (for CPSIA provision on preemption appears manufacture or sell any consumer lead-in-paint), all-terrain vehicles, at section 231 of the CPSIA. The product that could be covered by a bicycles, and bunk beds. Therefore, we preemptive effect of this rule would be consumer product safety rule. Using estimate that there are approximately determined in an appropriate data from the U.S. Census Bureau, we 100,000 to 150,000 individual products proceeding in by a court of competent determined that there were over 37,000 to which the recordkeeping jurisdiction. manufacturers, almost 80,000 requirements would apply. wholesalers, and about 128,000 retailers Assuming the annual recordkeeping H. Effective Date in these categories. However, not all of burden per product will be two hours The Commission is proposing that the firms in these categories and that there are between 100,000 and any final rule based on this proposal manufacture or import products that are 150,000 products to which the become effective 180 days after its date covered by consumer product safety recordkeeping requirements would of publication in the Federal Register. rules. Therefore, these numbers would apply, the total hour burden for the constitute a high estimate of the number recordkeeping requirements is estimated List of Subjects in 16 CFR Part 1107 of firms that are subject to the to be between 200,000 and 300,000 Business and industry, Children, recordkeeping requirements. hours. Consumer protection, Imports, Product Estimate of the Burden: The hour The total cost burden of the testing and certification, Records, burden of the recordkeeping recordkeeping requirements is expected Record retention, Toys. requirements will likely vary greatly to be between $9.8 and $14.7 million. Accordingly, the Commission from product to product depending This estimate is obtained by multiplying proposes to add 16 CFR part 1107 to upon such factors as the complexity of the total burden hours by $48.91, which read as follows:

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PART 1107—TESTING AND LABELING High degree of assurance means an (i) A product specification must PERTAINING TO PRODUCT evidence-based demonstration of include any component parts that are CERTIFICATION consistent performance of a product certified pursuant to 16 CFR Part 1109. regarding compliance based on (ii) Product specifications that Subpart A—General Provisions knowledge of a product and its identify individual features of a product Sec. manufacture. that would not be considered a material 1107.1 Purpose. Identical in all material respects change may use the same product 1107.2 Definitions. means there is no difference with specification for all products Subpart B—Reasonable Testing Program respect to compliance to the applicable manufactured with those specific for Nonchildren’s Products rules between the samples and the features. Features that would not be 1107.10 Reasonable testing program for finished product. considered a material change include nonchildren’s products. Manufacturer means the parties different product sizes or other features responsible for certification of a that cover variations of the product Subpart C—Certification of Children’s where those variations do not affect the Products consumer product pursuant to 16 CFR part 1110. product’s ability to comply with 1107.20 General requirements. Manufacturing process means the applicable rules, bans, standards, or 1107.21 Periodic testing. techniques, fixtures, tools, materials, regulations. 1107.22 Random samples. (iii) Each manufacturing site must 1107.23 Material change. and personnel used to create the 1107.24 Undue influence. component parts and assemble a have a separate product specification. 1107.25 Remedial action. finished product. (2) Certification Tests. A manufacturer 1107.26 Recordkeeping. Production testing plan means a must conduct certification tests on a document that shows what tests must be product before issuing a general Subpart D—Consumer Product Labeling conformity certificate for that product. Program performed and the frequency at which those tests must be performed to A certification test is a test performed 1107.40 Labeling consumer products to provide a high degree of assurance that on samples of the product that are indicate that the certification the products manufactured after identical to the finished product in all requirements of section 14 of the CPSA material respects to demonstrate that the have been met. certification continue to meet all the applicable safety rules. product complies with the applicable Authority: 15 U.S.C. 2063, Sec. 3, 102 Pub. Third party conformity assessment safety rules, bans, standards, or L. 110–314, 122 Stat. 3016, 3017, 3022. body means a third party conformity regulations. Certification tests must contain the following elements: Subpart A—General Provisions assessment body recognized by the CPSC to conduct certification testing on (i) Samples. For purposes of this § 1107.1 Purpose. children’s products. section, a sample means a component This part establishes the requirements part of the product or the finished for: A reasonable testing program for Subpart B—Reasonable Testing product which is subject to testing. nonchildren’s products; third party Program for Nonchildren’s Products Samples submitted for certification conformity assessment body testing to testing must be identical in all material § 1107.10 Reasonable testing program for respects to the product to be distributed support certification and continuing nonchildren’s products. testing of children’s products; and in commerce. The manufacturer must (a) Except as otherwise provided in a labeling of consumer products to submit a sufficient number of samples specific regulation under this title or a indicate that the certification for certification testing so as to provide specific standard prescribed by law, a requirements have been met pursuant to a high degree of assurance that the manufacturer certifying a product sections 14(a)(1), and (a)(2), (d)(2)(B) of certification tests accurately represent pursuant to a reasonable testing program the Consumer Product Safety Act the product’s compliance with all must ensure that the reasonable testing (CPSA) (15 U.S.C. 2063(a)(1), (a)(2), applicable rules. program provides a high degree of (d)(2)(B)). (A) Only finished products or assurance that the consumer products component parts listed on the product § 1107.2 Definitions. covered by the program will comply specification can be submitted for Unless otherwise stated, the with all applicable rules, bans, certification testing. definitions of the Consumer Product standards, or regulations. (B) A manufacturer may substitute Safety Act and the Consumer Product (b) A reasonable testing program must component part testing for finished Safety Improvement Act of 2008 apply consist of the following elements: product testing pursuant to 16 CFR part to this part. The following definitions (1) Product Specification. The product 1109 unless the rule, ban, standard or apply for purposes of this part: specification is a description of the regulation applicable to the product CPSA means the Consumer Product consumer product and lists the requires testing of the finished product. Safety Act. applicable rules, bans, standards or If a manufacturer relies upon CPSC means the Consumer Product regulations to which the product is certification testing of component Safety Commission. subject. A product specification should part(s) (rather than tests of the finished Detailed bill of materials means a list describe the product listed on a general product), the manufacturer must of the raw materials, sub-assemblies, conformity certification in sufficient demonstrate how the combination of intermediate assemblies, sub- detail to identify the product and testing of component part(s), portions of component parts, component parts, and distinguish it from other products made the finished product, and finished the quantities of each needed to by the manufacturer. The product product samples demonstrate, with a manufacture a finished product. specification may include, but is not high degree of assurance, compliance Due care means the degree of care that limited to, a color photograph or with all applicable rules, bans, a prudent and competent person illustration, model names or numbers, a standards, or regulations. engaged in the same line of business or detailed bill of materials, a parts listing, (ii) Material Change. A material endeavor would exercise under similar raw material selection and sourcing change is any change in the product’s circumstances. requirements. design, manufacturing process, or

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sourcing of component parts that a (iii) The production testing interval specification can be certified as manufacturer exercising due care selected must be short enough to ensure compliant with the applicable rules, knows, or should know, could affect the that, if the samples selected for bans, standards, or regulations, a product’s ability to comply with the production testing comply with an manufacturer must have passing applicable rules, bans, standards, or applicable rule, ban, standard, or certification test results for the regulations. regulation, there is a high degree of applicable rules, bans, standards, or (A) When a previously-certified assurance that the untested products regulation. product undergoes a material change manufactured during that interval also (5) Recordkeeping. that only affects the product’s ability to will comply with the applicable rule, (i) A manufacturer of a nonchildren’s comply with certain applicable rules, ban, standard, or regulation. Production product must maintain the following bans, standards, or regulations, test intervals should be appropriate for records: certification for the new product the specific testing or alternative (A) Records of the general conformity specification may be based on measurements being conducted. certificate for each product; certification testing of the materially (A) A manufacturer may use (B) Records of each product changed component part, material, or measurement techniques that are specification; process, and the passing certification nondestructive and tailored to the needs (C) Records of each certification test tests of the portions of the previously- of an individual product instead of and, if the manufacturer elected to have certified product that were not conducting product performance tests to a third party conformity assessment materially changed. assure a product complies with all body test the product, identification of (B) A manufacturer must conduct applicable rules, bans, standards, or any third party conformity assessment certification tests of the finished regulations. body on whose testing the certificate product if a material change affects the (B) Any production test method used depends. Records of certification tests finished product’s ability to comply to conduct production testing must be must describe how the product was with an applicable rule, ban, standard, as effective in detecting noncompliant certified as meeting the requirements, or regulation. products as the tests used for (C) A manufacturer must exercise due including how each applicable rule was certification. evaluated, the test results, and the care to ensure that reliance on anything (C) If a manufacturer is uncertain actual values of the tests; other than retesting of the finished whether a production test is as effective (D) Records to demonstrate product after a material change occurs as the certification test, the compliance with the production testing does not allow a noncompliant product manufacturer must use the certification plan requirement, including a list of the to be distributed in commerce. A test. manufacturer should resolve any doubts (4) Remedial Action Plan. applicable rules, bans, standards, or in favor of retesting the finished product (i) A remedial action plan describes regulations, a description of the types of for certification. the steps to be taken whenever samples production tests conducted, the number (3) Production Testing Plan. A of a product or a component part of a of samples tested, the production production testing plan describes what product fails a test or fails to comply interval selected for performance of tests must be performed and the with an applicable rule, ban, standard, each test, and the test results. Records frequency at which those tests must be or regulation. A remedial action plan of a production test program must performed to provide a high degree of must contain procedures the describe how the production tests assurance that the products manufacturer must follow to investigate demonstrate that the continuing manufactured after certification and address failing test results. production complies with the continue to meet all the applicable Manufacturers must take remedial applicable rules. References to safety rules, bans, standards, or action after any failing test result to techniques in relevant quality regulations. A production testing plan ensure with a high degree of assurance management and control standards, may include recurring testing or the use that the products manufactured after the such as ANSI/ISO/ASQ Q9001–2008: of process management techniques such remedial action has been taken comply Quality management systems— as control charts, statistical process with the applicable rules, bans, Requirements, ANSI/ASQ Z1.4–2008: control programs, or failure modes and standards, or regulations. The type of Sampling Procedures and Tables for effects analyses (FMEAs) designed to remedial action may be different Inspection by Attributes, and/or ANSI/ control potential variations in product depending upon the applicable rule, ASQ Z1.9–2008: Sampling Procedures manufacturing that could affect the ban, standard, or regulation. Remedial and Tables for Inspection by Variables product’s ability to comply with the action can include, but is not limited to: for Percent Nonconforming, may be applicable rules, bans, standards, or (A) Changes to the manufacturing used to demonstrate that the production regulations. A production testing plan process, the equipment used to tests have the necessary accuracy, must contain the following elements: manufacture the product, the product’s precision sensitivity, repeatability, and (i) A description of the production materials, or design; confidence to distinguish between testing plan, including, but not limited (B) reworking the product produced; compliant and noncompliant products; to, a description of the tests to be or (E) Records of all remedial actions conducted or the measurements to be (C) other actions deemed appropriate taken, including the specific action taken, the intervals at which the tests or by the manufacturer, in the exercise of taken, the date the action was taken, the measurements will be made, the number due care, to assure compliant products. person who authorized the actions, and of samples tested, and the basis for (ii) Any remedial action that results in any test failure which necessitated the determining that such tests provide a a material change to a product’s design, action. Records of remedial action must high degree of assurance of compliance parts, suppliers of parts, or relate the action taken to the product if they are not the tests prescribed in the manufacturing process that could affect specification of the product that was the applicable rule, ban, standard, or the product’s ability to comply with any subject of that remedial action and the regulation; applicable rules requires a new product product specification of any new (ii) Each manufacturing site must specification for that product. Before a product resulting from any remedial have a separate production testing plan; product covered by the new product action;

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(ii) If a remedial action results in a children’s products, a manufacturer may children’s product certification, or when new product specification, the need to submit more samples to provide the previous periodic testing was manufacturer must create a new set of a high degree of assurance that the conducted, continue to comply with all records for the product. finished product complies with the applicable children’s product safety (iii) A manufacturer must maintain applicable children’s product safety rules. The periodic test plan must the records specified in this subpart at rules. include the tests to be conducted, the the location within the United States (c) Except where otherwise specified intervals at which the tests will be specified in 16 CFR 1110.11(d) or, if the by a children’s product safety rule, a conducted, the number of samples records are not maintained at the manufacturer may substitute component tested, and the basis for determining custodian’s address, at a location within part testing for complete product testing that the periodic testing plan provides a the United States specified by the pursuant to 16 CFR part 1109 if the high degree of assurance that the custodian. The manufacturer must make component part, without the remainder product being tested continues to these records available, either in hard of the finished product, is sufficient to comply with all applicable children’s copy or electronically, for inspection by determine compliance for the entire product safety rules. The manufacturer the CPSC upon request. product. must have a separate periodic testing (iv) A manufacturer must maintain (d) If a product sample fails plan for each manufacturing site records (except for test records) for as certification testing, even if other producing a children’s product. long as the product is in production or samples have passed the same (2) Testing Interval. The periodic imported by the manufacturer plus five certification test, the manufacturer must testing interval selected must be short years. Test records must be maintained investigate the reasons for the failure enough to ensure that, if the samples for five years. All records must be and take remedial action. A selected for periodic testing pass the available in the English language. manufacturer cannot certify the test, there is a high degree of assurance (c) If any certification test results in a children’s product until the that the other untested children’s failure, a manufacturer cannot certify a manufacturer establishes, with a high products manufactured during the product until the manufacturer has degree of assurance, that the finished interval comply with the applicable taken remedial action, and the product product does comply with all applicable children’s product safety rules. The manufactured after the remedial action children’s product safety rules. interval for periodic testing may vary passes certification testing. depending upon the specific children’s § 1107.21 Periodic testing. (d) Manufacturers of a nonchildren’s product safety rules that apply to the product may use a third party (a) Each manufacturer must conduct children’s product. Factors to be conformity assessment body to conduct periodic testing at least annually, except considered when determining the certification testing but are not required as otherwise provided in paragraphs (b) periodic testing interval include, but are to use a third party conformity and (d) of this section or as provided in not limited to, the following: assessment body recognized by the regulations under this title. (i) High variability in test results, as CPSC to conduct certification testing on Manufacturers may need to conduct indicated by a relatively large sample children’s products. periodic tests more frequently than on standard deviation in quantitative tests; (e) Manufacturers of children’s an annual basis to ensure a high degree (ii) Measurements that are close to the products may voluntarily establish a of assurance that the product being allowable numerical limit for reasonable testing program consistent tested complies with all applicable quantitative tests; with this subpart. children’s product safety rules. (iii) Known manufacturing process (b) If a manufacturer has implemented factors which could affect compliance Subpart C—Certification of Children’s a reasonable testing program as with a rule. For example, if the Products described in subpart B of this part, it manufacturer knows that a casting die must submit samples of its product to a wears down as the die nears the end of § 1107.20 General requirements. third party conformity assessment body its useful life, the manufacturer may (a) Manufacturers must submit a for periodic testing to the applicable wish to test more often as the casting die sufficient number of samples of a children’s product safety rules at least wears down; children’s product, or samples that are once every two years. If a (iv) Consumer complaints or warranty identical in all material respects to the manufacturer’s reasonable testing claims; children’s product, to a third party program fails to provide a high degree (v) Nonmaterial changes, such as conformity assessment body for testing of assurance of compliance with all introduction of a new set of component to support certification. The number of applicable children’s product safety parts into the assembly process, or the samples selected must provide a high rules, the Commission may require the manufacture of a fixed number of degree of assurance that the tests manufacturer to meet the requirements products; conducted for certification purposes of paragraph (c) of this section or (vi) Potential for serious injury or accurately demonstrate the ability of the modify its reasonable testing program to death resulting from a noncompliant children’s product to meet all applicable ensure a high degree of assurance. children’s product; children’s product safety rules. (c) If a manufacturer has not (vii) The number of children’s (b) If the manufacturing process for a implemented a reasonable testing products produced annually, such that children’s product consistently creates program as described in subpart B of a manufacturer should consider testing finished products that are uniform in this part, then all periodic testing must a children’s product more frequently if composition and quality, a be conducted by a third party the product is produced in very large manufacturer may submit fewer samples conformity assessment body, and the numbers or distributed widely to provide a high degree of assurance manufacturer must conduct periodic throughout the United States; that the finished product complies with testing as follows: (viii) The children’s product’s the applicable children’s product safety (1) Periodic Test Plan. Manufacturers similarity to other children’s products rules. If the manufacturing process for a must develop a periodic test plan to with which the manufacturer is familiar children’s product results in variability assure that children’s products and/or whether the children’s product in the composition or quality of manufactured after the issuance of a has many different component parts

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compared to other children’s products not affect the ability of the children’s exercise of undue influence by a of a similar type; or product to comply with other applicable manufacturer on a third party (ix) Inability to determine the children’s product safety rules, a conformity assessment body. children’s product’s noncompliance manufacturer may issue a children’s (b) The procedures required in easily through means such as visual product certificate based on the earlier paragraph (a) of this section, at a inspection. third party certification tests and on test minimum, must include: (d) For a product produced or results of the changed component part (1) Safeguards to prevent attempts by imported at low volumes, a conducted by a third party conformity the manufacturer to exercise undue manufacturer is not subject to the assessment body. Changes that cause a influence on a third party conformity periodic testing requirements of children’s product safety rule to no assessment body, including a written paragraphs (a) and (b) or (c) of this longer apply to a children’s product are policy statement from company officials section unless it produces 10,000 units not considered to be material changes. that the exercise of undue influence is of the product. Once a manufacturer has A manufacturer must exercise due care not acceptable, and directing that produced or imported 10,000 units of to ensure that reliance on anything other appropriate staff receive annual training the product, the frequency at which the than retesting of the finished product on avoiding undue influence, and sign manufacturer must engage in periodic after a material change would not allow testing must comply with paragraph (a), a noncompliant children’s product to be a statement attesting to participation in and (b) or (c) of this section and does distributed in commerce. A such training; not depend on how often the manufacturer should resolve any doubts (2) A requirement to notify the manufacturer produces or imports every in favor of retesting the finished product Commission immediately of any attempt 10,000 units of the product. for certification. Additionally, a by the manufacturer to hide or exert manufacturer must exercise due care to undue influence over test results; and § 1107.22 Random samples. ensure that any component part (3) A requirement to inform Each manufacturer must select undergoing component-part-level employees that allegations of undue samples for periodic testing by using a testing is the same as the component influence may be reported process that assigns each sample in the part on the finished children’s product confidentially to the Commission and to production population an equal in all material respects. describe the manner in which such a probability of being selected. For (b) Product Design. For purposes of report can be made. purposes of this section, the production this subpart, the term product design population is the number of products includes all component parts, their § 1107.25 Remedial action. manufactured or imported after the composition, and their interaction and (a) Each manufacturer of a children’s initial certification or last periodic functionality when assembled. To product must have a remedial action testing of a children’s product. A determine which children’s product plan that contains procedures the manufacturer may use a procedure that safety rules apply to a children’s manufacturer must follow to investigate randomly selects items from a list to product, a manufacturer should and address failing test results. A determine which samples are the examine the product design for the manufacturer must take remedial action random samples used for periodic children’s product as received by the after any failing test result to ensure, testing before production begins. A consumer. with a high degree of assurance, that the manufacturer may select samples for (c) Manufacturing Process. A material children’s products manufactured after testing as they are manufactured. change in the manufacturing process is the remedial action has been taken Manufacturers who produce children’s a change in how the children’s product comply with all applicable children’s products that continue to be distributed is made that could affect the finished product safety rules. in commerce as they are manufactured children’s product’s ability to comply (b) A manufacturer must not certify a may wish to test the samples as they with the applicable children’s product product if any certification test by a become available instead of waiting safety rules. For each change in the third party conformity assessment body until all the random samples have been manufacturing process, a manufacturer results in a failure until the selected before conducting testing. should exercise due care to determine if manufacturer has taken remedial action compliance to an existing applicable § 1107.23 Material change. and the product manufactured after the children’s product safety rule could be (a) General Requirements. If a remedial action passes certification affected, or if the change results in a testing. children’s product undergoes a material newly-applicable children’s product change in product design or safety rule. (c) Following a failing test result, a manufacturing process, including the (d) Sourcing of Component Parts. A manufacturer must take remedial action sourcing of component parts, that a material change in the sourcing of to ensure, with a high degree of manufacturer exercising due care component parts results when the assurance, that the children’s product knows, or should know, could affect the replacement of one component part of a complies with all applicable children’s product’s ability to comply with the children’s product with another product safety rules. Remedial action applicable children’s product safety component part could affect compliance can include, but is not limited to, rules, the manufacturer must submit a with the applicable children’s product redesign, changes in the manufacturing sufficient number of samples of the safety rules. This includes, but is not process, or changes in component part materially changed product for testing limited to, changes in component part sourcing. For existing production, by a third party conformity assessment composition, component part supplier, remedial action may include rework, body. Such testing must occur before a or the use of a different component part repair, or scrap of the children’s manufacturer can certify the children’s from the same supplier who provided product. If a remedial action results in product. The extent of such testing may the initial component part. a material change a manufacturer must depend on the nature of the material have a third party conformity change. When a material change is § 1107.24 Undue influence. assessment body retest the redesigned or limited to a component part of the (a) Each manufacturer must establish remanufactured product before the finished children’s product and does procedures to safeguard against the manufacturer can certify the product.

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§ 1107.26 Recordkeeping. results from certification tests showing standard or regulation under any other (a) A manufacturer of a children’s compliance after the remedial action act enforced by the CPSC. product subject to an applicable was taken. (b) The label must be printed in bold children’s product safety rule must (b) A manufacturer must maintain the typeface, using an Arial font of not less maintain the following records: records specified in this subpart at the than 12 points, be visible and legible, (1) Records of the children’s product location within the United States and consist of the following statement: certificate for each product. The specified in 16 CFR 1110.11(d) or, if the Meets CPSC Safety Requirements children’s product covered by the records are not maintained at the (c) A consumer product may bear the certificate must be clearly identifiable custodian’s address, at a location within label if the manufacturer or private and distinguishable from other the United States specified by the labeler has certified, pursuant to section products; custodian. The manufacturer must make 14 of the CPSA, that the consumer (2) Records of each third party these records available, either in hard product complies with all applicable certification test. The manufacturer copy or electronically, for inspection by consumer product safety rules under the must have separate certification tests the CPSC upon request. CPSA and with all rules, bans, records for each manufacturing site; (c) A manufacturer must maintain standards, or regulations applicable to (3) Records of the periodic test plan records (except for test records) for as the product under any other act and periodic test results for a children’s long as the product is in production or enforced by the Consumer Product product; imported by the manufacturer plus five Safety Commission. (4) Records of descriptions of all years. Test records must be maintained material changes in product design, for five years. All records must be (d) A manufacturer or private labeler manufacturing process, and sourcing of available in the English language. may use another label on the consumer component parts, and the certification product as long as such label does not tests run and the test values; Subpart D—Consumer Product alter or mislead consumers as to the (5) Records of the undue influence Labeling Program meaning of the label described in procedures, including training materials paragraph (b) of this section. A and training records of all employees § 1107.40 Labeling consumer products to manufacturer or private labeler must not trained on these procedures; and indicate that the certification requirements imply that the CPSC has tested, of section 14 of the CPSA have been met. (6) Records of all remedial actions approved, or endorsed the product. taken following a failing test result, (a) Manufacturers and private labelers including the rule that was tested, the of a consumer product may indicate, by Dated: May 7, 2010. specific remedial action taken, the date a uniform label on or provided with the Todd A. Stevenson, the action was taken, the person who product, that the product complies with Secretary. authorized the action, any test failure any consumer product safety rule under [FR Doc. 2010–11365 Filed 5–19–10; 8:45 am] which necessitated the action, and the the CPSA, or with any similar rule, ban, BILLING CODE 6355–01–P

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Part III

Department of Labor Office of Labor-Management Standards

29 CFR Part 471 Notification of Employee Rights Under Federal Labor Laws; Final Rule

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DEPARTMENT OF LABOR Washington, DC 20210, (202) 693–0123 organizations, employers, industry (this is not a toll-free number), (800) associations and other interested Office of Labor-Management 877–8339 (TTY/TDD). parties. Standards SUPPLEMENTARY INFORMATION: The II. The Executive Order Regulatory Information Number (RIN) 29 CFR Part 471 identified for this rulemaking changed On January 30, 2009, President Barack RIN 1215–AB70; RIN 1245–AA00 with publication of the Spring Obama signed Executive Order 13496, Regulatory Agenda due to an entitled ‘‘Notification of Employee Notification of Employee Rights Under organizational restructuring. The old Rights Under Federal Labor Laws.’’ 74 Federal Labor Laws RIN was assigned to the Employment FR 6107, Feb. 4, 2009. The purpose of Standards Administration, which no the Executive Order is ‘‘to promote AGENCY: Office of Labor-Management longer exists; a new RIN has been economy and efficiency in Government Standards, Department of Labor. assigned to the Office of Labor- procurement’’ by ensuring that ACTION: Final rule. Management Standards. employees of certain Government I. Background on the Rulemaking contractors are informed of their rights SUMMARY: On August 3, 2009, the Office under Federal labor laws. Id., Sec. 1. As of Labor-Management Standards On August 3, 2009, the Department the Order states, ‘‘When the Federal (‘‘OLMS’’) in the Department of Labor issued a Notice of Proposed Rulemaking Government contracts for goods or (‘‘the Department’’) issued a proposed (‘‘NPRM’’ or ‘‘proposed rule’’), 74 FR services, it has a proprietary interest in rule implementing Executive Order 38488, to implement Executive Order ensuring that those contracts will be 13496. This final rule sets forth the 13496, ‘‘Notification of Employee Rights performed by contractors whose work Department’s review of and response to Under Federal Labor Laws,’’ 74 FR 6107, will not be interrupted by labor unrest. comments on the proposal and any Feb. 4, 2009. The Department invited The attainment of industrial peace is changes made to the rule in response to written comments on the proposed most easily achieved and workers’ those comments. regulations from interested parties, productivity is enhanced when workers President Barack Obama signed including current and potential are well informed of their rights under Executive Order 13496 (‘‘Executive Government contractors, subcontractors, Federal labor laws, including the Order’’ or ‘‘E.O. 13496’’) on January 30, and vendors, and current and potential National Labor Relations Act (Act), 29 2009. The Executive Order requires employees of such entities; labor U.S.C. 151 et seq.’’ Id. The Order nonexempt Federal departments and organizations; public interest groups; reiterates the declaration of national agencies to include within their Federal contracting agencies; and the labor policy contained in the National Government contracts specific public. In addition, when proposing Labor Relations Act (‘‘NLRA’’), 29 U.S.C. provisions requiring contractors and certain provisions of the rule, the 151, that ‘‘encouraging the practice and subcontractors with whom they do Department invited public comment procedure of collective bargaining and business to post notices informing their regarding issues addressed in those * * * protecting the exercise by employees of their rights as employees specific provisions. The public workers of full freedom of association, under Federal labor laws. The Executive comment period closed on September 2, self-organization, and designation of Order requires the Secretary of Labor 2009, and the Department has representatives of their own choosing, (‘‘Secretary’’) to prescribe the size, form, considered all timely comments for the purpose of negotiating the terms and content of the notice that must be received in response to the proposed and conditions of their employment or 1 posted by a contractor under paragraph rule. other mutual aid or protection’’ will 1 of the contract clause described in The Department received 86 unique ‘‘eliminate the causes of certain section 2 of the Order. Under the and timely comments from a wide substantial obstructions to the free flow Executive Order, unless a specified variety of sources. Commenters of commerce’’ and ‘‘mitigate and exception or exemption applies, Federal included individuals, labor eliminate these obstructions when they Government contracting departments organizations, and other organizations have occurred.’’ Id., Sec. 1, quoting 29 and agencies must include the required and associations representing the U.S.C. 151. As the Order concludes, contract provisions in every interests of employees, employers and ‘‘[r]elying on contractors whose Government contract. As required by government contractors and employees are informed of such rights the Executive Order, this final rule subcontractors. The Department under Federal labor laws facilitates the establishes the content of the notice recognizes and appreciates the value of efficient and economical completion of required by the Executive Order’s comments, ideas, and suggestions from the Federal Government’s contracts.’’ Id. members of the public, labor contract clause, and implements other The Executive Order achieves the goal provisions of the Executive Order, 1 The Department received a single request to of notification to employees of federal including provisions regarding contractors of their legal rights through sanctions, penalties, and remedies that extend the comment period for an additional 30 days. The commenter, a law firm, asserted that the two related mechanisms. First, Section may be imposed if the contractor or 30-day comment period was too brief and that, as 2 of the Order provides the complete subcontractor fails to comply with its a result, many interested parties were unaware of the proposed rule. After due consideration, the text of a contract clause that obligations under the Order and the Government contracting departments implementing regulations. Department has determined that the 30-day comment period was sufficient, and additional time and agencies must include in all DATES: Effective Date: This rule will be in which to respond is not warranted. The covered Government contracts. Sec. 2, effective on June 21, 2010. commenter requesting the extension was able to submit a lengthy, substantive comment within the 74 FR at 6107–08. Second, through FOR FURTHER INFORMATION CONTACT: 30-day period and attached additional comments incorporation of the specified clause in Denise M. Boucher, Director, Office of from many of its clients. In addition, the its contracts with the Federal Policy, Reports and Disclosure, Office of Department received within the 30-day period a government, contractors thereby agree to notable number of substantive comments Labor-Management Standards, U.S. representing a broad spectrum of interests post a notice in conspicuous places in Department of Labor, 200 Constitution associated with the proposed rule. Finally, no other their plants and offices informing Avenue, NW., Room N–5609, commenter requested such an extension. employees of their rights under Federal

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labor laws. Sec. 2, para. 1, 74 FR at B. Interagency Coordination the roles and functions assigned to the 6107–08. Section 12 of the Executive Order Assistant Secretary in the proposed rule The Executive Order states that the requires the Federal Acquisition are reassigned. See §§ 471.2, 471.13, Secretary ‘‘shall be responsible for [its] Regulatory Council (‘‘FAR Council’’) to 471.14, 471.15, 471.16, 471.21, 471.22, administration and enforcement.’’ Sec. take action to implement provisions of and 471.23. Generally speaking, the Assistant Secretary’s enforcement 3, 74 FR at 6108. To that end, the the Order in the Federal Acquisition review functions have been reassigned Executive Order delegates to the Regulation (FAR). 74 FR at 6110. to the Department’s Administrative Secretary the authority to ‘‘adopt such Accordingly, the Department has Review Board, and the administrative coordinated with the FAR Council for rules and regulations and issue such functions in the rule have been the insertion of language into the FAR orders as are necessary and appropriate reassigned to the Directors, formerly that implements the Executive Order. to achieve the purposes of this order.’’ called the Deputy Assistant Secretaries, Id., Sec. 3(a). In particular, the IV. Summary of the Final Rule and of OFCCP or OLMS, or both.2 In Executive Order requires the Secretary Discussion of the Comments addition, the definition of ‘‘Assistant to prescribe the content, size, and form This final rule establishes standards Secretary’’ has been deleted from of the employee notice. Id., Sec. 3(b). In § 471.1, and definitions have been addition, the Executive Order permits and procedures for the implementation and enforcement of Executive Order added for easy reference to the ‘‘Director the Secretary, among other things, to ’’ ‘‘ ’’ 13496. Subpart A of the rule sets out of OFCCP and the Director of OLMS make modifications to the contractual in the body of the rule. provisions required to be included in definitions, the prescribed requirements Government contracts (Sec. 3(c)); to for the size, form and content of the A. The Purpose of Executive Order, employee notice, exceptions for certain provide exemptions for contracting Statutory Authority and Preemption types of contracts, and exemptions that departments or agencies with respect to The Department received a number of may be applicable to contracting particular contracts or subcontracts or comments about the Executive Order departments and agencies with respect classes of contracts or subcontracts for and its purpose, the President’s to a particular contract or subcontract or certain specified reasons (Sec. 4); to authority to issue it, and the asserted class of contracts or subcontracts. preemption of the Order or the establish procedures for investigations Subpart B of the rule sets out standards of Government contractors and Department’s regulation by the National and procedures related to complaint Labor Relations Act (‘‘NLRA’’), 29 U.S.C. subcontractors to determine whether the procedures, compliance evaluations, required contract provisions have been 151, et seq. First, the Department and enforcement of the rule. Subpart C received several comments opposing the violated (Sec. 5); to conduct hearings sets out other standards and procedures regarding compliance (Sec. 6); and to Executive Order generally, each of related to certain ancillary matters. This which suggests, for various reasons, that provide for certain remedies in the preamble follows the same event that violations are found (Sec. 7). the Executive Order constitutes organizational outline, and within each unnecessary interference with private 74 FR at 6108–09. section of the preamble the Department enterprise. Several commenters also III. Statutory Authority for the has noted and responded to the commented on the purpose of the Executive Order and the Department’s comments addressed to that particular Executive Order. Some commenters Regulation section of the rule. were doubtful that the Executive Order During the interagency review process would fulfill its stated goals of A. Legal Authority that preceded the publication of the promoting economy and efficiency in NPRM, the Department received government procurement through The President issued Executive Order requests to improve the readability and notifying employees of their rights, and 13496 pursuant to his authority under understandability of the regulatory text suggested instead the Executive Order ‘‘the Constitution and laws of the United by employing ‘‘plain language,’’ which would have the opposite effect and ’’ States, expressly including the Federal includes, among other things, the use of actually increase costs to taxpayers and Property and Administrative Services common, everyday words, except for amplify labor-management conflict, Act (‘‘Procurement Act’’), 40 U.S.C. 101 necessary technical terms, the use of the among other negative effects cited. et seq. The Procurement Act authorizes active rather than the passive voice, and Other commenters stated that the the President to ‘‘prescribe policies and the use of short sentences. The Executive Order would undoubtedly directives that [he] considers necessary Department has made revisions to the achieve its stated goals. In particular, to carry out’’ the statutory purposes of regulatory text of the final rule in these commenters indicated that ensuring ‘‘economical and efficient’’ accordance with these guidelines. informing employees of their rights will government procurement and supply. As part of a Departmental enhance industrial peace and worker 40 U.S.C. 101, 121(a). Executive Order restructuring, effective November 8, productivity, promote a stable 13496 delegates to the Secretary of 2009, the Department abolished the workforce and improve employee Labor the authority to ‘‘adopt such rules Employment Standards Administration morale, reduce intimidation, and regulations and issue such orders as (‘‘ESA’’), which was the administrative misinformation, harassment, and fear in are necessary and appropriate to achieve umbrella for several agencies within the the workplace, eliminate injustice, and the purposes of this order.’’ Sec. 3, 74 FR Department, including OLMS and contribute to positive labor-management at 6108. The Secretary has delegated her OFCCP. As the administrator overseeing relations—all of which will foster labor authority to promulgate these both OLMS and OFCCP, the Assistant peace and reduce costs to the regulations to the Office of Federal Secretary for Employment Standards government. Contract Compliance Programs had designated administrative and (‘‘OFCCP’’) and the Office of Labor- enforcement functions under the 2 For ease of reference and to avoid confusion, the Management Standards (‘‘OLMS’’). proposed rule. Due to the elimination of Directors of OLMS and of OFCCP are referred to in Secretary’s Order 7–2009, 74 FR 58834, this preamble by their current title, ‘‘Director,’’ even ESA and the position of Assistant when this preamble is discussing passages of the Nov. 13, 2009; Secretary’s Order 8– Secretary for Employment Standards, NPRM that refer to their former title, ‘‘Deputy 2009, 74 FR 58835, Nov. 13, 2009. the final rule has been revised so that Assistant Secretary.’’

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One commenter suggested that the is intended to reduce government S.Ct. 2408 (2008), in which the Court Procurement Act provides an procurement costs through better held that Machinists preemption insufficient basis of authority for the informing employees of their rights so invalidated a State statute that President to issue Executive Order that obstructions to commerce stemming prohibited employers that receive State 13496. Although the comment from labor unrest will be mitigated or funds from assisting, promoting, or acknowledges that the courts have eliminated, certainly meets this deterring union organizing, is rejected a similar challenge alleging standard. distinguishable because the State law in insufficient authority under the Five commenters contend that the that case attempted regulation of speech Procurement Act for the issuance of an Executive Order or the Department’s about unionization that was within the executive order requiring federal regulations implementing it are zone of conduct intended to be left to contractors to post notices to their preempted by the National Labor market forces. In this case, federal employees, the commenter suggests that Relations Act. The comments invoke contractors remain free to advocate the scope of the notice required by both theories of NLRA preemption about unionization, and there is no Executive Order 13496 is broader than fashioned by the Supreme Court, so- interference with speech rights the Procurement Act permits. called Garmon preemption (San Diego protected by Section 8(c) of the NLRA. The Department disagrees with the Bldg. Trades Council v. Garmon, 359 Further, the regulation does not assertion that Executive Order 13496 is U.S. 236, 244 (1959)), which prohibits interfere with the primary jurisdiction not within the President’s authority regulation of activities that are protected of the National Labor Relations Board under the Procurement Act. The by Section 7 or prohibited by Section 8 (‘‘NLRB’’ or ‘‘Board’’) to draw the lines Procurement Act authorizes the of the NRLA, and so-called Machinists defining coercive speech that violates President to ‘‘prescribe policies and preemption (Int’l Ass’n of Machinists & Section 8 of the NLRA, 29 U.S.C. 158, directives that the President considers Aerospace Workers v. Wisconsin or that is prejudicial to a fair necessary to’’ ‘‘provide the Federal Employment Relations Comm’n, 427 representation election under Section 9, Government with an economical and U.S. 132, 144 (1976)), which prohibits 29 U.S.C. 159. regulation of areas that Congress efficient system’’ of government B. The Definitions procurement. 40 U.S.C. 101, 121. The intended to be left ‘‘unregulated and to Procurement Act grants the President be controlled by the free play of Section 471.1 of the final rule flexibility and ‘‘broad-ranging economic forces.’’ 427 U.S. at 144. The contains definitions of terms used in the authority,’’ and executive orders issued Court has described Machinists pre- rule. The Department received six under the authority of the Procurement emption as creating a ‘‘free zone from comments from the public about the Act need only meet a ‘‘lenient standard’’ which all regulation, ‘whether federal or proposed definitions and, as noted that requires that the order have a State,’ is excluded.’’ Golden State below, has made some modifications to ‘‘sufficiently close nexus’’ to the values Transit Corp. v. Los Angeles, 493 U.S. the definitions after reviewing the of providing the government an 103, 111 (1989), quoting Machinists, 427 comments. The Department received three related economical and efficient system for U.S. at 153. to the definitions of ‘‘contractor’’ and procurement and supply. UAW-Labor The Department disagrees with the ‘‘contract.’’ The NPRM defined a Employment Training Corp. v. Chao, contention that the Executive Order or ‘‘contractor’’ to include both a prime 325 F.3d 360, 367–68 (DC Cir. 2003). this implementing regulation is contractor and a subcontractor, and Various executive orders have passed preempted by the NLRA. Garmon defined ‘‘contract’’ to include both a this ‘‘lenient standard,’’ even in cases in preemption is inapplicable because the activity regulated by the Executive Government contract and a subcontract. which the link between the order and The effect of these definitions, taken efficient procurement may seem Order—the posting of an accurate, noncoercive notice of employee rights— together with the substantive obligations attenuated, where an argument can be of the Executive Order and the rule, made that the order will have the is not conduct that is either protected by Section 7 or prohibited by Section 8 of creates no differentiation between the opposite effect of its stated goal, or obligations of the prime contractor—the when the order increases costs to the the NLRA. Similarly, Machinists preemption is inapplicable because the contractor that directly does business government in the short term. Id. at with the Federal government—and the 367–68.3 Executive Order 13496, which provision of accurate, noncoercive information to employees about their subcontractors of the prime contractor. The three comments noted that the 3 NLRA rights is not within the zone of Since the passage of the Procurement Act in ‘‘ ’’ 1949, successive administrations have issued conduct intended by Congress to be broad definitions of contractor and executive orders governing labor and employment reserved for market freedom. Further, ‘‘contract’’ improperly and without practices of federal contractors, and such orders Chamber of Commerce v. Brown, 128 limitation impose the substantive have been sustained in the federal courts of appeals obligations of the rule on all against attacks asserting that the President exceeded his authority under the Procurement Act. See, e.g., include in their contracts a provision agreeing to subcontractors. The three comments all Executive Order 11246, 3 CFR 339 (1964–65 post notices informing employees of Beck rights), suggest that the definitions should be Compilation) (1965) (applying equal opportunity upheld by UAW-Labor and Employment Training modified to reflect some limitation on principles to federal contractors), upheld by Corp. v. Chao, 325 F.3d 360 (DCCir. 2003). See also the application of the rule to Contractors Ass’n of Eastern Pennsylvania v. City of Albuquerque v. U.S. Dept. of Interior, 379 Secretary of Labor, 442 F.2d 159 (3d Cir.), cert. F.3d 901 (10th Cir. 2004) (Procurement Act subcontractors, such as the application denied, 404 U.S. 854, (1971); Executive Order provided a sufficient statutory foundation for of the simplified acquisition threshold, 12092, 43 FR 51,375 (1978) (imposing wage controls executive order directing that in meeting federal 41 U.S.C. 403, to subcontractors or a on federal contractors), upheld by AFL–CIO v. space needs in urban areas, first consideration be limitation on the application of the rule Kahn, 618 F.2d 784 (DCCir.) (en banc), cert. denied, given to centralized community business areas; 443 U.S. 915 (1979); Executive Order 13202, 66 FR order’s directions were sufficiently related to the to subcontractors below the first tier. 11225 (2001) (agencies and entities receiving Act to be a valid exercise of the Act’s delegated One of the three comments notes that federal assistance for construction projects may authority); AFL–CIO v. Carmen, 669 F.2d 815 (DC although the proposed rule stated that neither require nor prohibit bidders or contractors Cir. 1981) (executive action to phase out free the simplified acquisition threshold did from entering into project labor agreements), upheld parking for federal employees was authorized since by Bldg. and Constr.. Trades Dept, AFL–CIO v. the institution of parking charges for federal not apply to subcontracts, because the Allbaugh, 295 F.3d 28 (DC Cir. 2002); E.O. 13201, employees would assist government in utilizing its definition of ‘‘contract’’ and 66 FR 11221 (2001) (requiring federal contractors to property efficiently and economically). ‘‘contractors’’ included ‘‘subcontract’’

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and ‘‘subcontractor,’’ the rule arguably items means that such contracts will 13496, 74 FR at 6108. Appendix A to applies the simplified acquisition differ from the purchase of the same Subpart A of the proposed regulatory threshold to subcontracts. 74 FR at items when the Federal government is text presented the content of the 38491. not the purchaser. However, the Secretary’s proposed notice, which sets The remaining comments about the judgment underlying the Executive forth employee rights under the NLRA. definitional section of the rule were all Order, and the Department’s judgment 74 FR at 38498–99. As a threshold submitted by one commenter. This in this implementing rule, is that cost matter, the Department concluded in the commenter noted that the limited savings in Federal contracting can be NPRM that providing notice of definition of ‘‘collective bargaining made when employees are well employee rights under the NLRA best agreement’’ in the proposed rule is informed of their NLRA rights, and this effectuates the purpose of the Executive inconsistent with the definition of principle holds true whether the Order. 74 FR at 38489–90. Section 1 of ‘‘collective bargaining agreement’’ in the contract is for commercial items or for the Executive Order clearly states that NLRA, and may lead to confusion. The some other product or service. the Order’s policy is to attain industrial same commenter requests an The Department agrees that the peace and enhance worker productivity explanation for the inclusion of definition of ‘‘collective bargaining through the notification of workers of ‘‘weatherization’’ in the definition of agreement’’ in the rule, which is ‘‘their rights under Federal labor laws, ‘‘construction,’’ noting that the intended only to identify a class of definition of ‘‘construction’’ in similar including the National Labor Relations collective bargaining agreements under ’’ Departmental regulations does not Act. Sec. 1, 74 FR at 6107. The policy the Federal Service Labor Management of the Executive Order goes on to include the term. Finally, this Relations Statute (‘‘FSLMRS’’), 5 U.S.C. emphasize the foundation underlying commenter recommends that the 7101 et seq., that are excepted from the NLRA, which is to encourage definition of ‘‘government contract’’ coverage under the Executive Order, collective bargaining and to protect should expressly exclude contracts for may be confusing to readers accustomed workers’ rights to freedom of association the purchase of ‘‘commercial items,’’ as to the usage of the same term in the and self-organization, and notes that defined in the Federal Acquisition NLRA. Therefore, the definition of this efficiency and economy in government Regulation, 48 CFR 2.101, so that the term has been removed from § 471.1, terms and conditions of sales of and the exception for collective contracting is promoted when commercial items to the government bargaining agreements entered into contractors inform their employees of ‘‘ ’’ will be as similar as possible to sales in under the FSLMRS is set out more fully such rights. Further, the contract the private sector where a contract with in § 471.3 without cross-reference to the clause prescribed by the Executive the government is not involved. definitional section. In order to treat the Order requires Federal contractors to After full consideration of these other coverage exception similarly, the post the notice ‘‘in conspicuous places comments about the definitions in the definition of ‘‘simplified acquisition in and about plants and offices where proposed rule, the Department has made threshold’’ has been removed from employees covered by the National the following decisions. The § 471.1, and the exception for Labor Relations Act engage in activities Department endorses the definitions of government contracts below the related to performance of the contract. ‘‘ ’’ ‘‘ ’’ contract and contractor as set out in simplified acquisition threshold has ***’’ Sec. 2, para. 1, 74 FR at 6107 the proposal, and has made no change been made more explicit in § 471.3 (emphasis added). Because of these to these definitions in the final rule. As without cross-reference to the specific references to the NLRA, the discussed in greater detail below, the definitional section. In addition, in NPRM proposed including in the notice obligations of the final rule apply to response to a comment, the Department only employee rights contained in the both the government contractor and its notes that because of the Federal NLRA. subcontractors at any tier. In addition, government’s increased emphasis on The Department received one the exception in the Executive Order, energy efficiency, the inclusion of comment noting a textual ambiguity in and in this implementing rule, for weatherization activities within the government contracts below the the Executive Order relating to the definition of ‘‘construction’’ was simplified acquisition threshold applies content of the notice. The commenter important to ensure that Federal only to the prime contract and not to pointed out that the Executive Order contracts involving weatherization are subcontracts of the prime contract. refers to the provision of notice about subject to the rule. For consistency, a Finally, as further explained below, the ‘‘rights under Federal labor laws, Department has decided to except from similar revision has been made to the including the National Labor Relations ‘‘ ’’ application of the final rule subcontracts definition of construction work site. Act,’’ which, the commenter submits, that are de minimis in value, which the Finally, in response to a comment suggests that the Department should Department has defined as those received during interagency review of include rights under other ‘‘Federal subcontracts that do not exceed $10,000. the final rule, the Department has labor laws’’ in the notice as well. In This exception has been incorporated modified the definition of ‘‘labor particular, this commenter suggested into the rule in § 471.3(a), and no organization’’ to more precisely that the notice should include statutory modification to the definitions is duplicate the definition of ‘‘labor rights under the Railway Labor Act required in order to implement this new organization’’ in the NLRA, 29 U.S.C. (‘‘RLA’’), 45 U.S.C. 151–188, the Federal exception for de minimis value 152(5). law governing labor-management subcontracts. C. The Content of the Employee Notice relations in the airline and rail The Department declines to exclude industries. Two other commenters from the definition of ‘‘government 1. Statutory Rights Included in the suggested the inclusion in the notice of contract’’ contracts for commercial items Notice rights under the Labor-Management as defined in the Federal Acquisition Executive Order 13496 requires the Reporting and Disclosure Act Regulations, 48 CFR 2.101. The Secretary to ‘‘prescribe the size, form (‘‘LMRDA’’) 29 U.S.C. 401 et seq., which Department acknowledges, as the and content of the notice’’ that guarantees certain rights to union comment suggests, that the application contractors must post to notify members. A final commenter on this of this rule to contracts for commercial employees of their rights. Sec. 3(b), EO subject agreed with the Department that

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the notice should be limited to rights employees of their rights under the Act. organizations were also supportive of under the NLRA. Instead, the Department proposed a the proposed notice generally, noting The Department has considered the statement of employee rights, contained that employees’ awareness of their basic inclusion of other statutory rights in the in Appendix A to Subpart A of Part 471 workplace rights in a clear and effective notice, but has concluded that there is (‘‘NPRM notice’’ or ‘‘proposed notice’’), manner will promote the free exercise of overwhelming textual support in the 74 FR at 38498–99, that provided greater those rights and prevent employer Executive Order, as noted above, for its detail of NLRA rights derived from interference and intimidation of original conclusion that rights under the Board or court decisions and that would employees regarding self-organization NLRA should be the sole focal point of more effectively convey such rights to and collective bargaining. the required notice. Taken together, employees. The proposed notice also Other commenters were less these provisions of the Executive Order contained examples of general enthusiastic about the content of the offer strong evidence that its intent is to circumstances that constitute violations proposed notice. A significant number provide notice to employees of rights of employee rights under the Act. Thus, of commenters—approximately one- under the NLRA. Furthermore, no other the Department proposed a notice that third—including many employer, Federal labor or employment laws are provided employees with more than a industry and interest groups, argued mentioned expressly in the Executive rudimentary overview of their rights that the content of the notice is not Order.4 Therefore, there is no textual under the NLRA, in a user-friendly balanced, and appears to promote support—other than the plural reference format, while simultaneously not unionization instead of employee to ‘‘Federal labor laws’’—that would overwhelming employees with freedom of association. In particular, support the inclusion of rights under information that is unnecessary and many commenters stated that among the either the LMRDA or the RLA, as distracting in the limited format of a rights contained in Section 7 of the suggested by the comments. Inclusion of notice. The Department specifically NLRA is the right to refrain from union rights under the RLA is precluded for invited comment on the statement of activity, but this right is given little another reason as well. Because employee rights proposed for inclusion attention in comparison to other rights Executive Order 13496 requires that the in the required notice to employees. In in the proposed notice. In addition, notice be posted ‘‘where employees particular, the Department requested many of these commenters also noted covered by the National Labor Relations comment on whether the notice that the examples of employer and Act’’ work, 74 FR 6107, and the NLRA contains sufficient information of union unfair labor practices are expressly excludes from its coverage employee rights under the Act; whether unbalanced—the list of employer employers covered under the RLA and the notice effectively conveys the misconduct in the proposed notice was their employees, 29 U.S.C. 152(2) and information necessary to best inform seven items long, while the example of (3), when the Executive Order and the employees of their rights under the Act; union misconduct contained only one NLRA are read together, federal and whether the notice achieves the item. Several commenters also noted contractors that are covered by the RLA desired balance between providing an that the proposed notice excludes rights are excluded from the requirements of overview of employee rights under the associated with an anti-union position, the Executive Order. Act and limiting unnecessary and including the right to seek decertification of a bargaining 2. Overview of the Comments on the distracting information. representative, the right to abstain from Content of the Proposed Notice The content of the proposed notice received more comments than any other union membership in so-called right-to- As noted in the NPRM, the single topic addressed in the proposed work states, and rights associated with Department considered the level of rule. Many comments from both the Supreme Court’s decision in detail the notice should contain individuals and organizations offered Communication Workers v. Beck, 487 regarding NLRA rights. The Department general support for the content of the U.S. 735 (1988), permitting employees considered requiring a verbatim proposed notice, stating that employee to seek reimbursement of that portion of replication of the NLRA’s enumeration awareness of basic legal rights will dues or fees collected under a union of employee rights in Section 7, 29 promote a fair and just workplace, security clause in a collective bargaining U.S.C. 157, or a simplified list of rights improve employee morale, and foster agreement that is not used for collective 5 based upon that statutory provision. In workforce stability, among other bargaining, contract administration, or the end, however, the Department benefits. Several employee and civil grievance adjustments. Many of these concluded in the NPRM that inclusion rights organizations registered support comments noted that a neutral and of the statutory language itself or a for the rule, and maintained that even-handed government position on simplified list of rights in a notice because employers are required to post unionization would be more inclusive would be unlikely to convey the notices informing employees of other of these rights. information necessary to best inform federal workplace rights, this notice Many comments addressed the issue represents little or no additional burden of complexity, as it pertains both to the 4 The Postal Reorganization Act, 39 U.S.C. 101 et seq., extended the jurisdiction of the NLRB to and, in fact, is long overdue given the 6 Migrant and Seasonal Agricultural Worker employees of the United States Postal Service. See other required notices. Labor Protection Act, 29 U.S.C. 1821(b), 1831(b) 39 U.S.C. 1201–1209. (implementing regulation 29 CFR 500.75, .76). 5 Section 7 of the NLRA, 29 U.S.C. 157, states 6 The Department of Labor implements employee Federal contractors specifically have additional that: ‘‘[e]mployees shall have the right to self- notification requirements pertaining to employers notification requirements, including equal organization, to form, join, or assist labor covered by the Fair Labor Standards Act, 29 U.S.C. employment opportunity rights under Executive organizations, to bargain collectively through 211 (implementing regulation 29 CFR 516.4); the Order 11246, the Rehabilitation Act of 1973, 29 representatives of their own choosing, and to Occupational Safety and Health Act, 29 U.S.C. U.S.C. 793, and the Vietnam Era Veterans’ engage in other concerted activities for the purpose 657(c) (implementing regulation 29 CFR 1903.2); Readjustment Assistance Act of 1974, of collective bargaining or other mutual aid or the Family Medical Leave Act, 29 U.S.C. 2601 et (implementing regulations at 41 CFR Chapter 60– protection, and shall also have the right to refrain seq., (implementing regulation 29 CFR 825.300, l .42; 41 CFR 60–250.4(k); and 41 CFR 60–74 from any or all such activities except to the extent .402); the Uniformed Service Employment and 1.5(a)(4)), and rights under the Davis-Bacon Act, 40 that such right may be affected by an agreement Reemployment Rights Act, 38 U.S.C. 4334 U.S.C. 3142(c)(2) (implementing regulation 29 CFR requiring membership in a labor organization as a (implementing regulation 20 CFR 1002); Employee 5.5(a)(l)) and the Service Contract Act, 29 U.S.C. condition of employment as authorized in section Polygraph Protection Act, 29 U.S.C. 2003 351(a)(4) (implementing regulation 29 CFR 4.6(e), 8(a)(3) [section 158(a)(3) of this title].’’ (implementing regulation 29 CFR 801.6); and the .184).

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law and to the content of the proposed suggested this simplified approach, from Section 1 of the NLRA, ‘‘Findings notice. Approximately ten comments while only three advocated in favor of and Policies,’’ 29 U.S.C. 151, but stated that the Department’s attempt to the level of complexity in the notice, substantially misstates it.8 These summarize NLRA decisional law was noting particularly that the detail in the commenters note that U.S. policy as flawed because the law is far too notice comports with the Executive stated in Section 1 of the NLRA is ‘‘to complex to condense into a single Order’s requirement that employees eliminate the causes of certain workplace notice. Many of these should be ‘‘well informed of their substantial obstructions to the free flow comments noted that NLRA law has rights.’’ Those comments favoring a of commerce and to mitigate and been developed over 75 years, and more streamlined notice suggested that eliminate these obstructions when they involves interpretations by both the a simplified version of the notice based have occurred,’’ and that one means to NLRB and the federal courts, sometimes on Section 7 or the NLRB’s Web site achieve that policy goal is through the with conflicting results. Some advisory would be clear, encouragement of collective bargaining commenters noted that because of Board straightforward, and easily understood; and free exercise of rights. By member turnover, which alters the would not be stated in ‘‘legalese’’; would overlooking the statute’s true stated political composition of the Board, legal be unlikely to confuse or inflame purpose to eliminate obstructions to precedent changes frequently, thus tensions; would defer to the statute’s commerce, these commenters say, the requiring frequent updates to the drafters or to the NLRB’s expertise to notice’s preamble improperly elevates content of the notice. Several provide a statement of rights; would be the ‘‘encouragement of collective commenters cited the NLRB’s Basic unbiased; and would decrease the bargaining’’ to a guiding principle rather Guide to the National Labor Relations likelihood of misleading employees; and than simply a means to achieve the free Act: General Principles of Law Under would improve readability. flow of commerce. Other commenters the Statute and Procedures of the In addition to these general comments noted that the policy of the U.S. is, or National Labor Relations Board (Basic about the proposed notice, many should be, to remain neutral regarding Guide to the NLRA) (1997), available at comments offered suggestions for _ labor-management relations, and the http://www.nlrb.gov/nlrb/shared files/ specific revisions to individual preamble should reflect neutrality by brochures/basicguide.pdf, to make their provisions within the four sections of emphasizing employee choice, which point about legal complexity. In the the proposed notice: the preamble, the includes the right to refrain from Foreword to the Basic Guide to the statement of affirmative rights, the collective bargaining or other union NLRA, the Board’s General Counsel examples of unlawful conduct, and the activities. One commenter noted that enforcement and contact information. states that ‘‘[a]ny effort to state basic Section 1 of the NLRA must be read The following discussion presents in principles of law in a simple way is a together with Section 9 of the NLRA, 29 succession the comments related to challenging and unenviable task. This is U.S.C. 159, which establishes individual provisions of the notice, especially true about labor law, a procedures for the election of a ’’ followed by the Department’s decisions relatively complex field of law. The collective bargaining representative by a regarding the content of the final notice thrust of these comments about legal vote of a majority, thus underscoring made in response to all comments on complexity was that NLRA decisional that U.S. policy encourages collective law is too complex, dynamic, and the content of the notice. bargaining only when a majority of nuanced, and any attempt to summarize 3. Comments Addressing the Preamble employees have freely chosen it in a workplace notice will result in an of the Proposed Notice workplace representation. Observing oversimplification of the law and lead to some differences between the text of the confusion, misunderstanding, The preamble of the proposed notice notice’s preamble and the statement of inconsistencies, and some say, stated that ‘‘[i]t is the policy of the purpose in the Executive Order, two heightened labor-management United States to encourage collective commenters noted that the preamble antagonism. bargaining and protect the exercise by workers of full freedom of association, does not accurately track the Executive Similarly, six comments stated that 9 the proposed notice itself was too self-organization, and designation of Order’s precatory language. Finally, complex to be helpful or informative to representatives of their own choosing, employees. Some said the notice was for the purpose of negotiating the terms 8 Section 1 of the NLRA states that ‘‘[i]t is and conditions of their employment or declared to be the policy of the United States to too long and wordy, and therefore likely eliminate the causes of certain substantial to confuse or mislead employees, other mutual aid and protection.’’ 74 FR obstructions to the free flow of commerce and to which, as one commenter noted, is at 38498. The proposed preamble was mitigate and eliminate these obstructions when contrary to the purpose of the Executive based on Section 1 of the NLRA, 29 they have occurred by encouraging the practice and U.S.C. 151, and Executive Order 13496, procedure of collective bargaining and by protecting Order. Another said the notice is too the exercise by workers of full freedom of long and contains examples of employer Section 1. The Department specifically association, self-organization, and designation of misconduct that are arbitrary and too sought comment on this description of representatives of their own choosing, for the specific. policy in the proposed notice. purpose of negotiating the terms and conditions of Comments asserting that the content Five commenters support the their employment or other mutual aid or statement in the preamble that U.S. protection.’’ 29 U.S.C. 151. of the proposed notice was too detailed 9 Section 1 of the Executive Order, 74 FR 6107, dovetailed with the many comments policy encourages collective bargaining states: suggesting that the required notice and the full exercise of worker self- As the [NLRA] recognizes, ‘‘encouraging the should specify only those rights determination rights. Many supportive practice and procedure of collective bargaining and comments noted that the preamble is * * * protecting the exercise by workers of full contained in Section 7 of the NLRA or, freedom of association, self organization, and alternatively, those rights and appropriate given that Section 1 of the designation of representatives of their own obligations as stated in employee Executive Order also reiterates the choosing, for the purpose of negotiating the terms advisories on the NLRB’s Web site.7 policy of encouraging collective and conditions of their employment or other mutual bargaining. Fourteen commenters aid or protection’’ will ‘‘eliminate the causes of Approximately sixteen comments certain substantial obstructions to the free flow of opposed the preamble on various commerce’’ and ‘‘mitigate and eliminate these 7 See http://www.nlrb.gov/Workplace_Rights/ grounds. Many negative commenters obstructions when they have occurred.’’ 29 U.S.C. employee_rights.aspx. noted that the preamble resembles text 151.

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several commenters suggested that the workplace are not protected.’’ As an ‘‘meet at reasonable times and confer in preamble be eliminated altogether so example, the commenter indicated that good faith with respect to wages, hours, that these drafting issues need not be some employers may permissibly and other terms and conditions of addressed. prohibit third-party solicitations or employment.’’ 29 U.S.C. 158(d). leafleting, or wearing of any insignia, in Moreover, the failure to reach an 4. Comments Addressing the Statement a retail setting. The final general agreement is not per se unlawful, and of Affirmative Rights in the Proposed comment regarding the statement of the finding of an unfair labor practice Notice affirmative rights suggested that the use instead depends on whether the parties The proposed notice contains the of the second-person pronouns ‘‘you’’ engaged in good faith bargaining. This following statement of affirmative rights: and ‘‘your’’ is overly inclusive because commenter suggests that the notice Under federal law, you have the right to: not all casual readers of the poster are should instead note that the NLRA Organize a union to negotiate with your covered by the statement of rights. This requires the parties to bargain in good employer concerning your wages, hours, and comment suggests that the notice must faith but does not compel agreement or other terms and conditions of employment. make it clear that the enumerated rights the making of concessions, and that, in Form, join or assist a union. apply only to covered employees, as the some instances, a bargaining impasse Bargain collectively through a duly Department has done with the notice will result, permitting the parties to selected union for a contract with your employer setting your wages, benefits, hours, required by the Family and Medical exercise their economic weapons, such and other working conditions. Leave Act, 29 CFR part 825 Appendix as strikes or lockouts. A few other Discuss your terms and conditions of C. This comment notes that a statement commenters similarly suggested that the employment with your co-workers or a regarding eligibility would eliminate notice should include a statement that union; join other workers in raising work confusion for employees who are not both employers and unions have an related complaints with your employer, covered by the NLRA but may read the obligation to bargain in good faith. government agencies, or members of the notice. The second comment submitted about public; and seek and receive help from a Many comments about the notice’s this particular provision argues that the union subject to certain limitations. statement of affirmative rights were Take action with one or more co-workers term ‘‘duly selected’’ union is so vague to improve your working conditions, directed at whether each individual that it permits misunderstanding. For including attending rallies on non-work time, provision, e.g., the right to bargain instance, the comment suggests, the and leafleting on non-work time in non-work collectively or the right to discuss union phrase permits the reader to erroneously areas. issues with coworkers, constitutes an conclude that an employer is obligated Strike and picket, unless your union has informative, accurate, and/or complete to bargain with a union supported by agreed to a no-strike clause and subject to statement of the law. Some general the majority of employees signing union certain other limitations. In some conclusions emerge from a review of the authorization cards but not certified by circumstances, your employer may comments on each provision, which is the NLRB following a government- permanently replace strikers. set out in more detail below. First, labor Choose not to do any of these activities, supervised secret ballot election. including joining or remaining a member of organizations tended to favor statements Alternatively, the comment submits that a union. of rights that were short and without the phrase permits readers to qualifications or exceptions, and Comments on the statement of erroneously believe that an employer disfavored the ‘‘subject to certain must bargain with a minority union. To affirmative rights offered both general exceptions’’ limitations added to some guidance on the provisions overall, as remedy the misstatements in this and of the provisions. Groups representing other sections of the notice, the well as specific recommendations for employers, on the other hand, argued in revising each provision individually. comment suggests that the Department favor of adding exceptions and rely on the text of the NLRB’s very brief Generally, two labor organizations limitations to the notice, sometimes to suggested that the statement of brochure entitled, Protecting Workplace the extent that the notice would lose the Democracy.10 affirmative rights should present only quality of a poster and would become the basic rights without any attempt to instead a more comprehensive manual. c. Discuss With Coworkers, Join With present the limitations to those basic Other Coworkers rights that have developed over the a. The Right To Organize and the Right Both labor organizations and decades of decisional law. The first To Form, Join and Assist a Union management groups suggested changes labor organization argues that such There were no comments, positive or to the third provision in this section of limitations are themselves subject to negative, specifically about the text of the notice. One labor organization further exceptions, which cannot be the notice referencing employees’ rights suggested significant streamlining of included in the notice without to organize a union or form, join or this provision so that it references only overwhelming and confusing assist a union. employees’ ‘‘communication’’ rights, and employees. This comment notes that the recommends the inclusion of the other limitations to the basic rights included b. The Right To Bargain Collectively ‘‘action’’ rights (‘‘join other workers,’’ on the notice involve fact-dependent Two comments suggested that the etc.) in the following provision. This scenarios that do not assist employees statement that employees have the right comment advised that separation of in understanding their basic rights. to bargain collectively with their communication from action would None of the basic rights, the comment employers through a duly selected clarify each provision. Thus, the asserts, have ever been understood as union over wages and other terms and comment suggests that this provision absolutes without any exceptions or conditions of employment is misleading should read simply: ‘‘Discuss your terms limitations, so the attempt to include and vague. The first comment argues and conditions of employment or union those in the notice is unnecessary and that the statement is misleading because organizing with your coworkers or with confusing. One commenter from the it fails to acknowledge that an employer a union.’’ A second labor organization retail industry noted generally that the does not have an obligation under the statement of affirmative rights should NLRA to consent to the establishment of 10 The brochure can be accessed at http:// contain a disclaimer that ‘‘certain types a collective bargaining agreement, but www.nlrb.gov/nlrb/shared_files/brochures/ of speech and expression in the instead only has the statutory duty to OutreachBrochure_Rev_10-30-07.pdf.

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agreed that communication and action brochure, Protecting Workplace other provisions: Labor organizations rights should be separated, but adds that Democracy, See supra n. 12; and the suggest the removal of the ‘‘subject to this provision should emphasize remaining comments suggest the certain other limitations’’ language and employees’ rights to communicate with inclusion of the level of detail that the suggestion that ‘‘[i]n some their coworkers at their place of work would effectively turn the notice into a circumstances, your employer may about union issues. While this comment multi-page legal reference. permanently replace strikers,’’ while suggests that this provision reference comments representing employer d. Attending Rallies ‘‘employee’s rights of workplace access/ interests suggest the provision is flawed communication,’’ it makes no specific All four comments about the right to because of the absence of further proposal for revision of the text. attend rallies suggest that this provision limitations, exceptions, and Comments from the groups should be eliminated. One comment distinctions. representing employer interests suggests that the term ‘‘rally’’ has no One labor organization suggests that generally suggest one of two legal history or meaning under the the right to strike and picket be approaches—either that the provisions NLRA, and that the reference is presented as are the other rights in the should be stricken entirely because the misleading because it erroneously notice, with a plain affirmative law in this area is too complex to indicates that there might be some legal statement of the right and without summarize or that the general statement protection for a rally on company describing possible limitation on the in the provision is inaccurate because it property on non-work time. Other exercise of the right in question. The fails to include limitations and comments similarly suggest that the reference to the limitation on the right qualifications on an employee’s right to provision is flawed because it does not in the presence of a contractual no- discuss union issues with coworkers. distinguish between types of protected strike clause both overstates and One law firm representing employers and unprotected rallies and is understates the possible limitations on suggests that the provision be stricken confusing. In addition to deleting the the right, this commenter submits, entirely, because the notice cannot reference to rallies, one labor depending, for example, on the nature possibly accurately summarize Board organization’s proposed revision of the no-strike clause in question. A law on this point, which is constantly suggests deleting the reference to second labor organization echoes the evolving. Four other commenters assert leafleting, discussed further below, and criticism, and further suggests that the that the following complexities or establishing this provision as the introduction of the complex law subtleties are missed in the overly ‘‘action’’ provision in counterpoint to the regarding an employer’s right to succinct statement about ‘‘communication’’ provision above. permanently replace certain striking communication rights: The statement Thus, this comment suggests the employees adds an unnecessary and fails to notify employees that employers following revision: ‘‘Take action with ultimately confusing limitation, which can lawfully prohibit certain one or more of your co-workers to will lead employees to fear exercising communication, such as a no-talk rule improve your working conditions by, the right. Other labor organizations about a drug investigation or among other means, raising work- specifically endorse this criticism. disparagement of employer’s product or related complaints directly with your Among the permutations missed in service; the statement fails to include employer or with a government agency, the proposed formulation, other the Board’s recently articulated rules and seeking help from a union.’’ commenters argue, are the distinctions governing employee use of and access to that may lead to a determination that e. Leafleting employer e-mail for union talk,11 omits certain strike activity is unprotected, references to the fact that an employee Four of the five comments about the such as whether the strike is for does not have an absolute right to speak inclusion of the right to leaflet on non- recognition or bargaining, whether the to a union organizer on an employers’ work time in non-work areas level strike has a secondary purpose, whether property, does not discuss the meaning criticisms similar to criticisms of other picketing involves a reserved-gate, of ‘‘mutual aid,’’ fails to discuss an provisions—that the provision is too whether the strike is a sit-down or employees’ duty not to disparage general and does not distinguish minority strike, whether the conduct is employers’ products or services, and between types of leafleting conduct that a slow down and not a full withholding does not reference the limitations on so- are protected and those that are of work, whether the strike is partial or called Weingarten rights involving an unprotected. For instance, the intermittent, whether the strike involves employee’s right to have a union comments indicate that the provision violence, and whether the strike is an representative present in a disciplinary fails to note limitations related to the unfair labor practice strike or an meeting; and the provision does not rights of off-duty employees to handbill, economic strike. One law firm suggests clarify that concerted activity must be that leafleting can be prohibited in this area of law is so complex that it both ‘‘concerted’’ and ‘‘for the mutual aid patient care areas, and that some types cannot be reduced to a single provision and protection’’ of employees, nor does of communications, such as the in the notice, and thus should be it reflect that not all action taken disparagement or vilification of an eliminated altogether. together with coworkers is protected, for employer’s reputation, are unprotected. g. Choosing To Refrain From Union example, a sit down strike; and the The fifth comment on this topic suggests Activity provision does not explain that certain elimination of the provision because the expressions or conduct, for instance, right to engage in literature distribution All nine comments about the right to profanity directed at the employer, may is adequately addressed in the examples refrain from engaging in union activity not be protected (Jackson Lewis). As of violations and need not be addressed universally criticized its lack of proposed revisions to this provision, in the statement of affirmative rights. prominence, two of these comments one comment suggests that provisions asserting that the provision’s should include the general ‘‘subject to f. Striking and Picketing prominence was so diminished that certain limitations’’ language; another The notice’s reference to the right to they did not notice the statement at all. suggests sole reliance on the NLRB’s strike and picket received eight Some comments accused the comments, and the comments are Department of ‘‘burying’’ the provision 11 See The Register Guard, 351NLRB 1110 (2007). aligned generally as they have been with in the text far below the other rights to

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engage in union activity, further 5. The Examples of Unlawful Conduct disciplining members for refusing to exemplifying, some say, that the in the Notice engage in unprotected activity, engaging Department favors union activity. The proposed Notice contained the in perfunctory or careless grievance Suggested revisions to amplify the following examples of unlawful handling, failing to notify employees of prominence of the provision include conduct: their Beck rights, causing or attempting stating that employees have the right to to cause an employer to discriminate It is illegal for your employer to: against an employee regarding union refrain from protected, concerted Prohibit you from soliciting for the union activities and/or union activities; stating during non-work time or distributing union security, requiring employees to agree to that employees’ right to refrain includes literature during non-work time, in non-work dues checkoff instead of direct payment, the right to actively oppose areas. discriminatorily applying hiring hall unionization, to not sign union Question you about your union support or rules, and conditioning continued activities. employment on the payment of a fine. authorization cards, to request a secret Fire, demote, or transfer you, or reduce ballot election, to decertify a union your hours or change your shift, or otherwise Four commenters offered general representative, to not be a member of a take adverse action against you, or threaten comments about the examples of union or pay dues or fees (addressed to take any of these actions, because you join unlawful employer conduct. Of those, further below); and stating that or support a union, or because you engage in two suggested relatively minor other activity for mutual aid and protection, revisions—one asked for more specific employees have the right to be fairly or because you choose not to engage in any represented even if not a member of the examples of violations and one such activity. suggested the inclusion of the concept union. One employer suggested that if Threaten to close your workplace if the notice retains its current emphasis workers choose a union to represent them. that low-level supervisors must not favoring union activity and disfavoring Promise or grant promotions, pay raises, or engage in misconduct. A third suggested the inclusion of examples of employer the freedom to refrain from such other benefits to discourage or encourage union support. misconduct that interferes with or activity, employers will be compelled to Prohibit you from wearing union hats, restrains an employee’s right to oppose post their own notices, which the buttons, t-shirts, and pins in the workplace unionization. The fourth, from a labor commenter states is not unlawful, that except under special circumstances, for organization, suggests that the example, as where doing so might interfere emphasize and elaborate on the right to Department should delete the specific refrain. Rather than subject employees with patient care. Spy on or videotape peaceful union references to solicitation, distribution to two posters, the commenter suggests, activities and gatherings or pretend to do so. and insignia, and instead categorically the Department should better balance It is illegal for a union or for the union that state that ‘‘it is unlawful for employers this notice. represents you in bargaining with your to interfere with any and all employee employer to: Discriminate or take other h. Rights Related to Union Membership rights, including all examples of rights adverse action against you based on whether listed above.’’ This comment contends you have joined or support the union. Eight commenters want the notice to that this would be clearer and more include a statement about an employee’s As a general matter and as noted earlier, accurate than the current provision, rights under Communication Workers v. there were many comments about the which lists only some but not all Beck, 487 U.S. 735 (1988) (‘‘Beck disproportionate number of examples of violations. rights’’). Typical of these comments is a employer misconduct as compared to As with the notice’s statement of the single example of union submission suggesting that the notice affirmative rights, the individual misconduct. Thirteen comments made should include the right to not be a provisions in this section of the notice this point, many relying on the number member of a union, to not pay union each received numerous comments and of paragraphs devoted to illegal suggestions for improvement. The vast dues or fees as condition of employment employer conduct (7) and the number of majority of the comments about the if the employee is in a so-called right- paragraphs devoted to illegal union specific provisions are from to-work state, and not to pay full union conduct (1). Several comments representatives of employers, and most dues as condition of employment in indicated that when one compares the suggest that the examples are too broad non-right-to-work state. This commenter employer misconduct listed in Section and fail to reflect the various suggests that the failure to include these 8(a) of the NLRA with union permutations that would convert some rights would make clear the Secretary’s misconduct listed in Section 8(b), no conduct from prohibited to permitted. purpose to assist unions and union such imbalance appears in the text of officials that themselves enjoy no rights the statute. In order to comply with the a. No Solicitation and No Distribution under the NLRA. Another commenter Executive Order’s directive to accurately Rules made a somewhat different point about inform workers of their rights, several Seven commenters were critical of the Beck rights, suggesting that the notice comments indicated, additional provision stating that an employer must include the right to refrain from examples of illegal union conduct must cannot lawfully prohibit employees being a full dues-paying member be included. Many suggested reliance from ‘‘soliciting for the union during although an employee may have to pay on the statutory text of Section 8 to non-work time or distributing union representational fees; the right to refuse achieve the proper balance. Several literature during non-work time, in non- to pay any dues in a right-to-work state; commenters provided additional work areas.’’ Of those, two labor and the right to withhold dues examples of union misconduct that may organizations suggest that the references earmarked for political, lobbying or be listed, including the refusal to to ‘‘non-work time’’ and ‘‘non-work other non-representational activities. A process a grievance because the areas’’ are too abstract, ambiguous and third commenter suggests that if Beck employee is not a union member, confusing, and suggest additions to the rights are included, the Department may requiring nonmembers to pay a fee to text to explain the references. Thus, one receive contract benefits, videotaping labor organization proposes that the find it difficult to explain ‘‘compulsory non-striking employees, disciplining notice state that employers may not unionism.’’ members for engaging in activity ‘‘prohibit you from soliciting for a union adverse to a union-represented grievant, during non-work time, such as before or

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after work or during break times; or identity of the questioner, the place and f. Prohibitions on Union Insignia from distributing union literature during method used, and the employee’s Two labor organizations and six such non-work time, in non-work areas, response. The fourth comment asserted employer groups are critical of this 12 such as parking lots or break rooms.’’ that the provision should be stricken provision. One labor organization The second labor organization offered because the law in this area is too criticizes both the inclusion of the the same clarification of the reference to complex to summarize. ‘‘special circumstances’’ exception as non-work time, but goes further. This c. Taking Adverse Action Against well as the reference to ‘‘patient care comment suggested that ‘‘solicitation’’ areas’’ as an example of a special has a narrow meaning and involves Employees for Engaging in Union- Related Activity circumstance. In addition to asserting asking someone to join the union by that it inaccurately states the law signing an authorization card, which is Four comments, all from employer because it fails to include ‘‘immediate’’ subject to the restrictions suggested in groups, disapprove of the provision as a characterization of ‘‘patient care the notice. The comment submits, describing unlawful employer areas,’’ this comment suggests that the however, that this should be discrimination against employees for provision would be better stated as an distinguished from more general ‘‘union engaging in union activity. Two of the affirmative right rather than an talk’’—discussing the advantages and four suggest that the provision is employer unfair labor practice. The disadvantages of unionization—which, inadequate because it does not second labor organization suggests the the comment asserts, cannot be lawfully recognize the application of the Board’s elimination of ‘‘patient care area’’ as an restricted by employers. burden-shifting analysis in Wright Line, example of the ‘‘special circumstances’’ The remaining comments criticize the Inc., 251 NLRB 1083 (1980) to exception. provision for failing to note any determine whether unlawful The six remaining comments suggest limitations on employees’ rights to discrimination has occurred. Another that the provision fails to illuminate the solicit and distribute, such as the comment suggests that the provision is conditions under which ‘‘special limited rights of off-duty employees, inaccurate because it does not reflect circumstances’’ may exist, including in and limitations in the retail and health that in states without right-to-work laws hotels or retail establishments where the care establishments. One comment, in and where a collective bargaining insignia may interfere with the particular, wants the notice to advise agreement contains a union security employer’s public image, or when the hospital employees that they do not clause, some employers may be required insignia is profane or vulgar. Another enjoy a protected right to solicit in to terminate employees who choose not comment indicates that the provision is immediate patient care areas or where to join the union or pay union dues or overly broad because it does not reflect their activity might disturb patients, and fees. The final comment complains that that a violation depends on the work proposes including the qualification, this provision is inaccurate because it environment and the content of the ‘‘except that a hospital or other health does not include or explain protection insignia. All either suggest that more care employer may prohibit all for ‘‘concerted activity.’’ detail should be added to the provision solicitation in immediate patient care to narrow its meaning, or it should be areas or outside those areas when d. Threats To Close stricken. necessary to avoid disrupting health care operations or disturbing patients.’’ Five comments, all from employer g. Spying or Videotaping groups, criticize the overgeneralization Another comment suggested that the Five commenters challenged the law in this area is so complex that no of the provision stating that it is unlawful to threaten to close if a union accuracy of this provision, asserting meaningful but succinct provision can primarily that observation of union is chosen to represent employees. Most be constructed, and therefore activity that occurs out in the open and comments note that, as with unlawful recommends deleting it entirely. videotaping for security purposes is interrogation, a threat to close is lawful. Aside from the common b. Interrogating Employees About Union evaluated under a totality of suggestion that the provision be Activity circumstances, and that an employer is stricken, no specific revisions were permitted to state the effects of Four commenters, all representing suggested in the comments. employer interests, suggested that the unionization on the company so long as notice’s provision indicating that it is the statement is based on demonstrably h. Union Discrimination or Adverse unlawful for an employer to question an probable consequences of unionization. Action employee about his or her union Also, as with other provisions, one There were no comments specifically support or activities is too broadly commenter suggested that the provision addressing the one example of unlawful stated. Three of the four suggested that should be eliminated because the law in union conduct. the provision should include the this area is too complex to capture. A Board’s standard for analysis of final comment suggests that the 6. The Enforcement and Contact interrogation charges, i.e., whether the provision implies that a union can Information in the Notice questioning interferes with an guarantee job security. The proposed notice included NLRB employee’s rights given the totality of e. Promising Benefits contact information and basic the circumstances. Two of those three enforcement procedures to enable suggested the inclusion of the One comment from a group employees to find out more about their circumstances that might be considered representing employer interests states rights under the Act and to proceed to determine whether questioning is that this provision is ‘‘the only with enforcement if necessary. unlawful, including the presence of substantive statement that the Accordingly, the required notice stated employer hostility to unions, the Department has proposed in the notice that illegal conduct will not be that we do not find fault with.’’ The only permitted, provided information 12 This comment also suggested changing the two other comments state that the regarding the NLRB and filing a charge reference in the proposed provision from ‘‘the provision fails to recognize that an with that agency, and indicated that the union’’ to ‘‘a union’’ to avoid the suggestion that there is a preferred union, such as an incumbent employer may promise or grant benefits Board will prosecute violators of the union. This suggestion has been adopted. that are not coercive in nature. Act. Furthermore, the notice indicated

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that there is a 6-month statute of labor organizations to bargain in good the notice based on particular facts or limitations applicable to making faith. One of these comments requested circumstances, which, if heeded, would allegations of violations and provides the inclusion as an express limitation on convert a simple employee notice into a NLRB contact information for use by the provision that employees have the lengthy legal guide, the Department has employees. The Department invited right to bargain collectively, in order to included a cautionary note at the outset suggested additions or deletions to these clarify that the employer’s obligation that the stated rights are general in procedural provisions that would was only to bargain in good faith and nature, and the notice is not intended to improve the content of the notice. not necessarily to reach an agreement. provide specific advice about their One commenter from the retail Three commenters offered suggestions application in all circumstances. industry noted generally that the for this section of the notice. One Finally, the Department has made statement of affirmative rights should commenter provided the following text prominent the NLRB investigation and contain a qualification that ‘‘certain to substitute for the paragraph in the enforcement role, and has suggested that types of speech and expression in the proposed notice that begins, ‘‘If you that agency can assist employees with workplace are not protected.’’ As an believe your rights * * *’’: specific questions or concerns should example, the commenter indicated that they arise. As a result, the final notice If you believe your rights or the rights of some employers may permissibly contains a new introduction that better others have been violated, you should prohibit third-party solicitations or serves these goals, as follows contact the NLRB immediately. You may leafleting, or wearing of any insignia, in inquire concerning possible violations The NLRA guarantees the right of without your employer or anyone else being a retail setting. Although this comment employees to organize and bargain informed of the inquiry. If the NLRB suggests a statement indicating collectively with their employers, and to representative with whom you speak believes limitations on certain employee speech engage in other protected concerted activity. that a violation might have occurred he or rights, the Department has considered Employees covered by the NLRA* are she will inform you how you may file a whether such a statement may be protected from certain types of employer and charge seeking redress of the violation. appropriate more broadly for union misconduct. This Notice gives you Charges may be filed by any person and need application to all the rights and general information about your rights, and not be filed by the employee directly affected obligations listed in the notice, about the obligations of employers and by the violation. particularly in light of the many unions under the NLRA. Contact the National The same commenter also suggested Labor Relations Board, the federal agency comments criticizing the proposed that investigates and resolves complaints that the NLRB’s telephone number notice because its provisions do not under the NLRA, using the contact appear before its Web site information indicate that the rights and obligations information supplied below if you have any because, the comment asserts, more are subject to exceptions and questions about specific rights that may people are likely to use the telephone to limitations. apply in your particular workplace. make the contact. A second commenter The coverage provision, associated suggested that the contact information 8. Revisions to the Notice Based on the Comments with the asterisk in the introduction, provide the important assurance that states: employees may raise employment After fully considering these questions or concerns with the NLRB in comments, the Department has decided The National Labor Relations Act covers to revise the employee notice that will most private-sector employers. Excluded confidence, which is a revision that the from coverage under the NLRA are public- first commenter’s proposed paragraph be included in the final rule (‘‘final sector employees, agricultural and domestic incorporates. Finally, a third commenter notice’’) as follows. workers, independent contractors, workers suggested that the admonition in the a. The Introduction to the Final Notice employed by a parent or spouse, employees notice that an employee ‘‘must contact of air and rail carriers covered by the Railway the NLRB within six months of the The Department has substantially Labor Act, and supervisors (although unlawful treatment’’ if the employee revised the preamble, or introduction, to supervisors that have been discriminated believes a violation has occurred the final notice to achieve several goals. against for refusing to violate the NLRA may be covered). suggests that contacting the NLRB is First, the Department agrees with those mandatory and ignores those employees comments suggesting that the preamble included in the NPRM notice contained b. The Statement of Affirmative Rights who may not want to contact the NLRB. in the Final Notice The commenter suggests that the content that did not promote employees’ provision include the phrase, ‘‘if you awareness of their specific rights under The Department concluded that no desire relief from the NLRB.’’ the NLRA, and that such a prominent change was necessary to three of the place on the notice merited text that seven affirmative rights listed in the 7. Suggestions To Incorporate Three better served that goal. Second, the proposed notice. As previously noted, Additional Provisions Department has included in this the first two rights listed—the right to One comment suggested that the use premier paragraph the concept that the organize a union to bargain collectively in the proposed notice of the second- NLRA prohibits both employer and and the right to form, join and assist a person pronouns ‘‘you’’ and ‘‘your’’ is union misconduct. Third, the union—attracted no specific comments, overly inclusive because not all casual Department agrees with comments either positive or negative, and therefore readers of the poster will be covered by suggesting that the final notice should these provisions are unmodified in the the NLRA. This comment suggested that contain a provision indicating which final notice. The third right that the the notice should clarify that the employers and employees are covered Department has left unchanged—the specified rights apply only to covered by the NLRA, and that coverage right to refrain from union activity, employees in order to eliminate provision has been added with an including joining or remaining a confusion for employees who are not asterisk in the new introduction. Fourth, member of a union—received several covered by the NLRA but may read the in response to the many comments comments suggesting that this right was Notice. indicating that the NPRM notice given diminished prominence in favor Four commenters suggested that the included only broad generalities and of rights that promote activity in Notice include a provision referencing did not include exceptions or support of unions. This contention is the NLRA’s obligation on employers and limitations to the general rights listed in misguided. The list of rights included in

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the notice is patterned after the list of reference in the proposed notice to Beck rights. The final notice will retain, rights in the NLRA, 29 U.S.C. 157, ‘‘seeking and receiving help from a as part of the right to refrain, the which includes the right to refrain last, union’’ was moved to the following provision stating that an employee has after stating several other rights before provision and in an effort to retain the the right to not join or remain a member it. See, supra, n. 5. Similarly, the concept that employees can discuss of a union that represents the NLRB’s Web site page follows the same union-related activity among employee’s bargaining unit. However, pattern, listing the right to refrain fifth themselves, the Department added to further explication of Beck rights will on a list of five specified rights. See the employee discussion provision the not be included because of space http://www.nlrb.gov/Workplace_Rights/ right to talk about unions and union limitations and because of the policy employee_rights.aspx organizing. As a result, the two choice, as expressed in Executive Order In addition, the notice’s examples of provisions in the final notice state that 13496, to revoke a more explicit notice unlawful employer conduct include the employees have the right to, ‘‘discuss to employees of Beck rights. See Sec. 13, concept that it is illegal for an employer your terms and conditions of E.O. 13496, 74 FR at 6110. taking adverse action against an employment or union organizing with c. The Examples of Unlawful Conduct employee ‘‘ because [the employee] your co-workers or a union’’ and ‘‘take in the Final Notice choose[s] not to engage in any such action with one or more co-workers to [union-related] activity[,]’’ further improve your working conditions by, The Department has decided that underscoring an employee’s right to among other means, raising work- three examples of unlawful employer refrain. Accordingly, the Department related complaints directly with your conduct—regarding unlawful threats to concludes that the notice sufficiently employer or with a government agency, close, promises or grants of benefits, and addresses this right among the list of and seeking help from a union.’’ spying or videotaping—need no revision statutory rights. As noted earlier, the provision in the for the final notice. The comments The Department has amended the proposed notice related to the rights to related to these three provisions all statement in the notice regarding the strike and picket received several shared a common theme, as discussed right to bargain collectively. Based on comments. Labor organizations above, that the provisions are comments discussed above, this suggested the removal of the references overgeneralizations that neither capture provision was modified to substitute the to a contractual no-strike provision, the legal standard associated with statutory phrase ‘‘representatives of permanent replacements, and the phrase evaluating allegations of unlawful [employees’] own choosing’’ for the ‘‘subject to certain other limitations.’’ By conduct nor indicate factual scenarios phrase ‘‘duly selected union’’ to contrast, comments from employers in which the highlighted conduct may eliminate the ambiguity of the latter. suggested the provision is flawed be lawful. After review of these The substituted phrase retains the intent because of the absence of the many comments and the case law cited of the original phrase, which was to limitations, exceptions, and distinctions therein, the Department concludes that reflect that bargaining representatives related to these rights. By necessity, the the provisions as proposed are accurate can be elected or can be voluntarily notice cannot contain an exhaustive list and informative, and, as with the notice recognized by an employer based on a of limitations on and exceptions to the as a whole, strike an appropriate verifiable showing that the labor rights to strike and picket, as suggested balance between being simultaneously organization enjoys majority support by employers. Indeed, the various instructive and succinct. among employees in the bargaining permutations of these rights The Department has decided to unit, but employs the words of the comprehensively documented by such modify the remaining four examples of statute instead. Thus, the final notice comments reflect that in highlighting illegal employer conduct in order to states that employees have the right to just a few limitations, or referring to clarify them. First, the Department has ‘‘bargain collectively through them ambiguously as ‘‘other modified the provision related to representatives of employees’ own limitations,’’ the proposed notice fell employers’ no-solicitation and no- choosing for a contract with your short of the goal to clearly inform distribution rules for the final notice. employer setting your wages, benefits, employees about their rights. However, The Department agrees with those hours, and other working conditions.’’ because exercising the right to strike, in comments suggesting that the terms Based on comments, the next two particular, can significantly affect the ‘‘non-work time’’ and ‘‘non-work areas,’’ provisions—discuss terms and livelihood of employees, the while used commonly in Board law, are conditions of employment and take Department considers it vital to reflect not readily ascertainable, and the action—have been substantially in one general phrase that there are addition of common examples of each modified to achieve several goals. First, caveats associated with it. The would assist employees in the Department agrees that these two Department is satisfied that the addition understanding their rights. Therefore, provisions as presented in the proposed of a general caveat, coupled with the the provision was modified to clarify notice could be simplified and clarified admonition in the new introduction to the meaning of ‘‘non-work time’’ and by separating employees’ contact the NLRB with specific ‘‘non-work areas.’’ The remaining communication rights from their questions about the application of rights comments suggesting the inclusion of conduct rights. In addition, the in certain situations, provides sufficient the various circumstances in which no- Department agrees that inclusion of the guidance to employees about the solicitation and no-distribution rules right to leaflet was duplicative of the exercise of these rights while still may be lawful were rejected due to provision regarding employer staying within the constraints set by a limitations imposed by a notice format. interference with distribution of union necessarily brief employee notice. Thus, More specifically, the Department literature, and so this reference has been this provision in the final notice states recognizes that under the NLRB’s deleted from the final notice. Next, the that employees have the right to ‘‘Strike precedent, a hospital’s prohibition of Department decided to delete the and picket, depending on the purpose or solicitation or distribution of literature reference to the right to attend rallies on means of the strike or the picketing.’’ in immediate patient care areas, even non-work time so as not to complicate As noted, the Department received during employees’ nonworking time, is a list of essential and fundamental rights several comments suggesting that the presumptively lawful. Brockton under the NLRA. Finally, because the notice contain provisions related to Hospital, 333 NLRB 1367, 1368 (2001).

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Once again, however, the limitations on substantial detail, much of which is employees project a specific image to the format preclude the inclusion of beyond the purview of this notice. customers; where it hinders production; factual permutations in which a general However, the Department has where it causes disciplinary problems in right may not apply or may only apply concluded that the provision would be the plant; or where it would have any with qualifications, and hospital clarified by reference to the concepts other consequences that would employees, as well as other employees, that unlawful questioning interferes constitute special circumstances under can contact the NLRB with specific with employees’ Section 7 rights and settled precedent. Escanaba Paper Co., questions about the lawfulness of their that the interference is judged under the 314 NLRB 732 (1994), enforced, 73 F.3d employers’ rules governing solicitation circumstances of the questioning. Thus, 74 (6th Cir. 1996). In addition, as noted and literature distribution. Finally, the this provision in the final notice states earlier, an employer’s prohibition on Department acknowledges, as one that it is unlawful for employers to wearing union insignia in immediate comment noted, that the NLRB ‘‘question you about your union support patient care areas is presumptively distinguishes between ‘‘solicitation’’ for or activities in a manner that valid. London Memorial Hospital, 238 a union, which generally means discourages you from engaging in that NLRB 704, 708 (1978). This lengthy list encouraging a coworker to participate in activity.’’ supplied by some comments highlights supporting a union, and so-called Comments about employers’ taking, or that the addition of only one example of ‘‘union talk,’’ which generally refers to threatening to take, adverse action ‘‘special circumstances’’—the patient discussions about the advantages and against employees because of their care example—may mislead or confuse disadvantages of unionization. W.W. union-related or other protected activity employees. Thus, the general caveat that Grainger, 229 NLRB 161, 166 (1977), request the inclusion of complicated special circumstances may defeat the enforced, 582 F.2d 1118, (7th Cir.1978); references to legal complexities, such as application of the general rule, coupled Jensen Enterprises, Inc., 339 NLRB 877, the application of a burden-shifting with the advice to employees to contact 878 (2003). However, this provision is analysis to determine whether unlawful the NLRB with specific questions about intended to expressly address the discrimination has occurred, Wright particular issues, achieves the balance former; the right to engage in ‘‘union Line, Inc., 251 NLRB 1083 (1980), or the required for an employee notice of talk’’ is now encompassed more consideration of the impact of right-to- rights about union insignia in the specifically by the revision, as noted work laws. This provision is intended to workplace. above, to the ‘‘discussion’’ provision in supply employees with notice of their The proposed notice had only one the affirmative rights section of the final fundamental right to be free from very broad description of union conduct notice. Accordingly, this provision in discrimination based on union activity, that is unlawful under the NLRA. and its accuracy and instructiveness the final notice indicates that it is illegal Although this provision generally will be diminished by such complicated for employers to ‘‘prohibit you from encompassed a wide range of illegal references. However, the Department soliciting for a union during non-work union activity, it was criticized in agrees with one comment suggesting time, such as before or after work or comments for lacking specificity, and that the provision can be improved with during break times; or from distributing thus resulting in imbalance as compared the substitution of one word to union literature during non-work time, to the examples of unlawful employer underscore that the protections of the in non-work areas, such as parking lots activity.13 After reviewing the NLRA attach to activity that is concerted or break rooms.’’ comments, the Department has revised in nature. Thus, this provision in the The comments about the next final notice instructs employees that it the notice in order to more thoroughly provision regarding employers’ is unlawful for employers to ‘‘fire, reflect the range of unlawful union questions about union support or demote, or transfer you, or reduce your conduct. activity correctly note that the Board’s hours or change your shift, or otherwise Thus, the final notice contains the test for determining the legality of such take adverse action against you, or following five examples of unlawful questions is whether under all the threaten to take any of these actions, union conduct: circumstances the interrogation because you join or support a union, or • Threaten you that you will lose reasonably tends to restrain, coerce, or because you engage in concerted your job unless you support the union. interfere with rights guaranteed activity for mutual aid and protection, • Refuse to process a grievance employees by the Act. Rossmore House, or because you choose not to engage in because you have criticized union 269 NLRB 1176, 1177 (1984), enforced, any such activity.’’ officials or because you are not a 760 F.2d 1006 (9th Cir. 1985). Under The final provision regarding member of the union. this totality of circumstances approach, unlawful employer conduct that the • Use or maintain discriminatory consideration is given to whether the Department decided to revise is related standards or procedures in making job interrogated employee is an open or to union insignia in the workplace. referrals from a hiring hall. active supporter of the union, the Generally, an employer may not • Cause or attempt to cause an background surrounding the prohibit the wearing of union insignia, employer to discriminate against you interrogation, the nature and purpose of absent special circumstances. Airport because of your union-related activity. the information sought, the identity of 2000 Concessions, LLC, 346 NLRB 958, the questioner, the place and/or method 960 (2006). For reasons of format, the 13 The Department notes that the NLRB reported of the interrogation, and the truthfulness notice cannot accommodate those that in fiscal year 2008, 22,497 unfair labor practice of any reply by the questioned comments suggesting that this provision charges were filed. Seventy-Third Annual Report of employee. Id. The Board has said that specify those cases in which the Board the National Labor Relations Board for the Fiscal Year Ended September 30, 2008, at 5, available at these factors are not to be mechanically has found ‘‘special circumstances’’ to http://www.nlrb.gov/nlrb/shared_files/brochures/ applied but rather are useful indicia that exist, such as where insignia might annual%20reports/NLRB2008.pdf. Of these, 16,179 serve as a starting point for assessing the interfere with production or safety; charges were against employers, and 6,210 charges totality of the circumstances. Id. The where it conveys a message that is were filed against unions. Id. Thirty-nine percent of all charges were found to have merit, and 1108 comments suggesting revisions of this obscene or disparages a company’s complaints were issued. Id. at 7. Of complaints provision, as with many of the prior product or service; where it interferes issued, 86 percent were against employers and 14 suggestions, request inclusion of with an employer’s attempts to have its percent were against unions. Id. at 8.

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• Take other adverse action against contractual obligation to post the E. Application of the Rule to Contractors you based on whether you have joined required notice, proposed § 471.2(b) and Subcontractors; Exceptions and or support the union. provided that the employee notice Exemptions; Other Limitations contract clause must be set out verbatim d. The Inclusion of the Duty to Bargain As proposed in § 471.2(a), all in a contract, subcontract or purchase in Good Faith nonexempt prime contractors and order, rather than being incorporated by subcontractors are required to include The Department agrees with those reference in those documents. In the the employee notice contract clause in comments that suggested that NPRM, the Department requested each of their nonexempt subcontracts so employees should be aware that their comment regarding the utility of setting that the obligation to notify employees employer and their bargaining out the employee notice clause of their rights flows to subcontractors of representative have a statutory duty to verbatim, as opposed to incorporation of bargain in good faith. Thus, the final a government contract as well. The the clause by reference. Executive Order expressly excepts from notice states that ‘‘if you and your The Department received ten coworkers select a union to act as your its application two types of Government comments about this requirement, only contracts: Collective bargaining collective bargaining representative, one of which agreed with the your employer and the union are agreements as defined in 5 U.S.C. Department that full inclusion of the 7103(a)(8) and contracts involving required to bargain in good faith in a employee notice clause in every genuine effort to reach a written, purchases below the simplified contract and subcontract will ensure acquisition threshold as defined in the binding agreement setting your terms that contractors and subcontractors fully and conditions of employment. The Office of Federal Procurement Policy understand their obligations under the union is required to fairly represent you Act, 41 U.S.C. 403. Sec. 2, 74 FR at rule. The other nine comments in bargaining and enforcing the 6107. The simplified acquisition suggested that the rule should permit agreement.’’ The latter sentence threshold is currently set at $100,000. the inclusion of the employee notice regarding the union’s duty of fair 41 U.S.C. 403. Section 471.3(a)(1) and clause by reference for various reasons, representation is somewhat duplicative (2) of the proposed rule implemented including that full inclusion provides of provisions above exemplifying union these exceptions. 74 FR at 38498. In little utility, and is burdensome and misconduct, but the Department addition, the Executive Order’s unreasonable because many contractors concluded that it was important to note provision regarding its effective date would have to substantially revise their a union’s duty to fairly represent all excepts contracts resulting from procurement and contract documents, bargaining unit members specifically in solicitations issued prior to the effective many of which are purposefully brief, connection with its obligation to bargain date of the final rule promulgated standard-form documents, in order to in good faith. pursuant to this rulemaking. Sec. 16, 74 comply. One commenter noted that FR 6111. Proposed § 471.3(a)(3) e. The Contact Information because the content of the notice itself implemented this provision of the The proposed notice contained two may be subject to updating, the contract Executive Order. 74 FR at 38498. paragraphs about the NLRB, its clause will also require modification, The NPRM concluded that the enforcement procedures, and its contact and contractors who are unaware of the obligations of the rule apply to information, which have been necessary update may inadvertently rely government contractors and all streamlined into one paragraph for the on outdated contract documents or subcontractors of the government final notice. In doing so, and after provisions. Another commenter contract, regardless of whether the reviewing the comments, the suggested that the notice in the contract subcontractor is a first-tier subcontractor Department has substituted the word clause is very long and contains or a more remote subcontractor. This ‘‘should’’ for the word ‘‘must’’ to indicate language that will confuse readers of conclusion was based on the that it is not mandatory that the NLRB contracts and purchase orders. Finally, Department’s construction of the be notified of unlawful conduct; several commenters also noted that the interrelated terms of the Executive retained the admonition to employees to prohibition on incorporation by Order. The NPRM noted that paragraph act promptly and within the six month reference is inconsistent with various 4 of the contract clause in the Executive statute of limitations; added a sentence laws—some of which are implemented Order requires the contractor to that underscores the confidentiality by the Department—that permit contract incorporate only paragraphs 1 through 3 associated with contacting the NLRB; clause incorporation by reference, of the clause in its subcontracts. 74 FR added a sentence that indicates that including Executive Order 11246, at 38490. A narrow reading of the anyone can file a charge with the NLRB; Vietnam Era Veterans Readjustment operation of this provision outside the and retained the sentence relating to Assistance Act, and Section 503 of the full context of the Executive Order, the possible reinstatement, back pay and Rehabilitation Act of 1973, among NPRM noted, might suggest that the cease-and-desist remedies. The final others. obligation to include the contract clause notice, as modified on the basis of Following full consideration of these is limited to contracts between the comments discussed above, is set forth comments, and in order to ease government agency and the prime in Appendix A to Subpart A of this rule. contractor compliance with the contractor. Id. Under this reading, requirements of this rule, the subcontractors would be required only D. Incorporation of the Contract Clause Department has decided to permit to post the notice of employee rights, in Government Contracts and inclusion of the employee notice clause and their subcontractors (sometimes Subcontracts by reference. Therefore, in place of called second-tier contractors) would As proposed in § 471.2(a), all proposed § 471.2(b) that disallowed have no responsibilities under the nonexempt prime contractors and incorporation by reference, the final rule Executive Order. However, the NPRM subcontractors are required to include contains a new § 471.2(b), that permits reasoned that provisions of the the employee notice contract clause in incorporation by reference. The Executive Order establishing each of their nonexempt contracts and Department has coordinated with the exemptions and exceptions for the subcontracts. In order to ensure that FAR Council to implement this application of the Executive Order’s contractors are made aware of their provision. obligations do not expressly specify that

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its obligations do not flow past the first- company contracting with GSA was not present in Executive Order 13496, tier subcontractor, a significant subcontractor because delivery of coal is stating that the Secretary may exempt limitation that would normally be made necessary for the power company to ‘‘subcontracts below an appropriate tier explicit in the text of the Executive perform under its contract with GSA). set by the Secretary,’’ thus indicating Order rather than by operation of the Thus, the NPRM noted that although the that the application of the rule to any contract clause’s incorporation rule may result in coverage of tier of subcontractors was contemplated provision. In addition, the NPRM noted subcontracts with relatively de minimis by the executive order but subject to that in the Department’s past regulatory value in the overall scheme of administrative limitation. See Sec. treatment of a similar issue, it had government contracts, covered 3(b)(v), E.O. 13201, 66 FR 11221, Feb. adapted through regulation the subcontractors include only those who 22, 2001 (revoked by Executive Order application of an executive order’s are performing subcontracts that are 13496); Sec. 3(b)(v), E.O. 12800, 57 FR contract inclusion provisions so that the necessary to the performance of the 12985, April 13, 1992 (revoked by obligation to abide by the mandates of prime contract. The Department invited Executive Order 12836). By contrast, the the orders flows to subcontractors below comment on whether a further commenter notes, Executive Order the first tier. See, e.g., 69 FR 16378, Mar. limitation on the application of the rule 13496 contains no such language 29, 2004 (final rule implementing E.O. to subcontracts is necessary, and if it is, permitting the Secretary to limit the 13201) (based on identical contract whether such a limitation is best application of the rule, thus indicating incorporation provision, ‘‘the intent of accomplished through the application of that flow-down below the first tier is not the Order was clearly that the clause be this or another standard, for instance, a contemplated by the plain language of passed to subcontractors below the first threshold related to the monetary value the Executive Order. tier’’); 57 FR 49591, Nov. 2, 1992 (final of the subcontract. The Department received eleven rule implementing E.O. 12800) (‘‘It is The Department received numerous comments regarding the proposal in the clear, however, that the intent of comments about the application of the NPRM to apply the simplified Executive Order 12800 was that the rule to subcontractors below the first acquisition threshold only to clause flow down below the first-tier tier, the non-application of the government contracts and not to level’’). The NPRM concluded that the simplified acquisition threshold to subcontracts, and all universally stated Department’s experience with subcontractors, and the proposed that the simplified acquisition threshold regulatory implementation of prior ‘‘necessary to the performance’’ should apply to subcontracts as well. executive orders establishing that the limitation on the application of the rule Most comments noted the incongruity obligations of those orders flow past the to subcontractors. Four comments associated with the application of the first-tier subcontractor supported the supported the application of the rule to threshold to prime contracts but not to application of this rule to subcontractors subcontractors below the first tier. subcontracts, asserting that it makes below the first tier, and best achieves These commenters noted various little sense to except prime contracts the purposes of this Executive Order. 74 reasons for their support, including that below a set monetary limit but then FR at 38491. Accordingly, the application of the rule to more remote apply the rule to reach subcontracts Department concluded that in order to subcontractors would prevent below that same limit. Most negative fully implement the intent of Executive circumvention of the rule through comments similarly noted that the Order 13496, proposed § 471.2(a) was subcontracting, would further the failure to apply the simplified adapted to require the inclusion of Executive Order’s goal of preventing acquisition threshold to subcontracts paragraphs 1 through 4, rather than 1 labor unrest, and was similar to the will result in coverage of very small through 3, of the contract clause. The Department’s implementation of prior contracts and contractors, which, they Department specifically sought executive orders. One commenter noted argue, the Executive Order clearly comments on this proposal. that it is not unusual for a vast majority intended to avoid by requiring the The NPRM also concluded that of laborers on a jobsite to be employed application of the dollar limit to prime although the Executive Order clearly by subcontractors of the prime contracts. Coverage of small did not apply to government contracts contractor or its subcontractors, and that subcontractors is burdensome to those for purchases below the simplified the rule should apply equally to such contractors, many commenters asserted, acquisition threshold, the Executive jobsites regardless of the remoteness of and will result in the application of the Order did not provide for the same the subcontract to the prime contract. rule to very small procurement contracts exception for subcontracts involving Three commenters argued that the and will discourage some contractors purchases below the simplified Department should not apply the rule to from bidding for work associated with a acquisition threshold. However, the subcontractors below the first tier, and government contract. Some commenters Department noted that inclusion of the one commenter requested clarification said they failed to see the policy reason express limitation in the definition of on the application of the rule below the supporting the non-application of the ‘‘subcontract’’ that ‘‘subcontracts’’ consist first tier. Those comments opposing threshold to subcontracts. One only of those instruments that are lower-tier application suggested that the commenter contended that the ‘‘necessary to the performance of the rule has gone too far in its application, application of the rule to small government contract,’’ NPRM § 471.1(r), and that coverage of the rule should be subcontractors violates a Congressional was intended as a control on the limited to first-tier subcontractors. One mandate in the Small Business Act, 15 otherwise universal application of the commenter in particular disagreed with U.S.C. 637(d), that requires Federal rule to subcontracts. 74 FR at 38491, the Department’s modification of the agencies to give preference to small and citing OFCCP v. Monongahela R.R., 85– contract inclusion provision discussed disadvantaged businesses. Another OFC–2, 1986 WL 802025 above, contending that the Department’s comment noted the apparent (Recommended Decision and Order, reliance on its prior regulatory inconsistency in proposed April 2, 1986), aff’d, (Deputy Under implementation of Executive Orders § 471.3(a)(2)(ii), which applies the Secretary’s Final Decision and Order, 13201 and 12800 was inapt. The simplified acquisition threshold to Mar. 11, 1987) (railroad transporting commenter noted that each of those ‘‘contracts and subcontracts’’ for an coal to power generation plant of energy executive orders contained a provision, indefinite quantity, but not to contracts

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for a defined quantity. As noted above material to a job site but do not install exemptions and exceptions provisions in the discussion of comments about the it. indicates that they were meant to be rule’s definition section, because the Four commenters suggested covered. In addition, the Department definitions of ‘‘contract’’ and alternative standards that would serve broadly interprets paragraph 4’s ‘‘contractor’’ include ‘‘subcontract’’ and to limit the application of the rule to directive that the contractor ‘‘will ‘‘subcontractor,’’ commenters argued subcontractors. Suggested limitations include the provisions of paragraphs 1 that the rule by its terms does in fact included establishing a value for de through 3 above in every subcontract apply the simplified acquisition minimis subcontracts to which the rule entered into in connection with this threshold to limit its application to would not apply, which was phrased by contract * * * so that such provisions subcontracts. Finally, one commenter another commenter as establishing an will be binding upon each suggested that if the Department is exemption for small contractors based subcontractor[.]’’ The Department reads concerned that application of the on the monetary value of the the terms ‘‘will include’’ in ‘‘every simplified acquisition threshold to subcontract; creating an exception for subcontract’’ to mean that the initial subcontractors will unnecessarily limit application of the rule to firms with a contractor will ensure, to the extent the reach of the rule to small small, defined number of employees; possible, that the posting obligation will contractors, it should nevertheless and application of the rule to only those be included in all subcontracts in include some other limitation on the contractors and subcontractors that connection with the prime contract, application of the rule to prevent its provide services, as opposed to whether at the first tier level or below. application to very small contractors. supplies, to the government. One Read in this fashion, this directive can commenter noted that the rule should The Department’s proposed limitation be implemented only by requiring, as include a ‘‘minimum size threshold on the application of the rule to only does the final rule, that every [below] which a contractor is exempt,’’ those subcontracts that are ‘‘necessary to subcontract pass through such an but the commenter did not indicate the performance of the prime contract’’ obligation to any lower tier whether the limit should be connected received little support from subcontractors. In addition, the to the size of the subcontract’s value, the commenters. By contrast, five Department interprets broadly the size of the subcontractor’s workforce, or commenters submitted that the term reference to ‘‘contractor’’ in paragraph 4 the size of the subcontractor’s revenue. was so general and vague as to be (‘‘The contractor will include This same commenter submitted that completely ineffective as a significant paragraphs (1) through (3) above * * *’’) the rule must also provide some means to encompass a ‘‘subcontractor,’’ so that limitation on the rule’s application. Two by which a subcontractor will be commenters suggested that all the provision is read to require each notified that the subcontract is covered subcontractor on a government contract, subcontracts in some manner, no matter by the rule and some clarification on how attenuated, are necessary to the regardless of tier, to include posting compliance in those situations in which requirements in any of its subcontracts. performance of the prime contract, or a subcontractor does not have control the subcontract would not have been over the site where the prime contract Other provisions in the Executive executed in the first place. In this vein, is being performed. Order outside paragraph 4 evince an one commenter noted that the After carefully considering all the intent to apply the rule to subcontracts Department’s use of the phrase suggests comments related to the application of below the first tier. References to pejoratively that some subcontracts are the rule to subcontractors, the ‘‘contractors’’ (Sec. 1), ‘‘any Government unnecessary to the performance of the Department has made the following contractor, subcontractor, or vendor’’ government contract. Other commenters decisions. The Department will retain (Sec. 5), and ‘‘a Government contractor queried how a subcontractor at the time the provision, as proposed in or subcontractor’’ (Sec. 5) are of the execution of the subcontract is to enumerated paragraph 4 of the contract unqualified or modified, and the know whether the subcontract is clause set out in Appendix A Department interprets the references to necessary to the performance of the (‘‘paragraph 4’’), requiring government mean subcontractors at all tiers. This government contract, particularly when contractors to incorporate paragraphs (1) broad interpretation is most fitting in such a determination by the Department through (4) in every subcontract. As application to the statement of policy in will only be made during subsequent noted in the proposal, the contract Section 1 of the Executive Order, which enforcement proceedings that may have inclusion provision in paragraph 4 provides that ‘‘[w]hen the Federal adverse consequences for the cannot be read in isolation, but rather it government contracts for goods or subcontractor. One commenter noted must be read in conjunction with other services, it has a proprietary interest in that when a subcontractor or vendor operative words and phrases of ensuring that those contracts will be receives a purchase order from a firm, paragraph 4 and in the Executive Order performed by contractors whose work the subcontractor or vendor may have as a whole in order to fully implement will not be interrupted by labor unrest’’ no way of knowing of the purchase its purpose. Many aspects of the and ‘‘relying on contractors whose order’s connection to a government Executive Order demonstrate the employees are informed of such rights contract without conducting an President’s intent to apply the under Federal labor laws facilitates the investigation into the purchaser’s obligations of the Order not just to efficient and economical completion of connections, which may be considered government contracts, but also to the Federal Government’s contracts.’’ 74 intrusive. One commenter stated that subcontracts of the government contract FR 6107. Given the frequency with the Department’s reliance on OFCCP v. at all levels. As the proposal noted, no which the performance of government Monongahela R.R., 85–OFC–2, 1986 WL other provision in the Executive Order, contracts are subcontracted, the policy 802025 (Recommended Decision and save for the mechanical operation of of the Executive Order is best Order, April 2, 1986), aff’d, (Deputy paragraph 4, suggests that the intent of understood as reaching contracts below Under Secretary’s Final Decision and the Executive Order was to except the first tier. This is particularly true Order, Mar. 11, 1987) to support subcontracts below the first tier. The when the government contract is, for explication of the phrase raised Department concludes that silence in instance, a large, multi-million dollar concerns because the rule should not failing to include lower tier transaction, and its performance is apply to subcontractors that only supply subcontractors in the Executive Order’s subcontracted in multiple tiers. The

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economy and efficiency that is sought to subcontractors would, at some point, be contractor workforce and yet not apply be promoted by the Executive Order outside the reach of the purposes of the those standards to all subcontracts would not be realized if subcontractors Executive Order. Thus, the Department flowing from the covered prime contract below the first tier of a large government interprets silence as to tier coverage regardless of their size. The Department contract were not subject to this rule, within the text of the Executive Order notes that the application of the rule to and a labor dispute at a lower tier as reflecting an intent for all tiers to be subcontracts below the simplified subcontractor interfered with the covered. acquisition threshold presents no delivery of the large prime contract. In The Department’s grant of authority to greater notice-posting obligation than such a case, ‘‘the efficient and promulgate regulations under the many of those employers already have economical completion of the Federal Executive Order is broad, and permits with other notice-posting obligations Government’s contracts’’ would not be the Department to implement the Order under various labor and employment realized. 74 FR 6107. As a result, the in a manner that is ‘‘necessary and laws. For instance, the notice-posting Department interprets the Executive appropriate to achieve the purposes’’ of obligation of USERRA, the Uniformed Order as a whole as seeking to avoid just the Order. Sec. 3(a), 74 FR at 6108. In Services Employment and such a scenario. addition, the Secretary has the express Reemployment Rights Act, requires all In addition, as noted in the proposal, authority under the Executive Order to employers regardless of size to post the interpretation of Executive Order ‘‘make modification of the contractual notices to their employees about their 13496 has been informed by the provisions * * * necessary to achieve USERRA rights. 38 U.S.C. 4334; 20 CFR interpretation of Executive Orders purposes of this order[.]’’ Sec. 3(c), 74 1002 (implementing regulations). The 12800 and 13201. In both those cases, FR at 6108. Accordingly, in order to reach of this rule is not incompatible or the Department similarly interpreted the implement the purpose, intent, and inconsistent with the reach of other text of the orders, which had contract express provisions of the Executive labor and employment notice-posting incorporation provisions that were Order, which the Department concludes obligations. virtually identical to paragraph 4 of applies to nonexempt government After full consideration of comments Executive Order 13496, to provide for contracts and all subcontracts of the about the application of the rule to de application of the obligations to government contract, the Department minimis value subcontracts, the subcontractors below the first tier. See will retain paragraph 4 of the contract Department has concluded that it is 69 FR 16378, Mar. 29, 2004; 57 FR clause as proposed. ‘‘necessary and appropriate,’’ Sec. 3 of 49591, Nov. 2, 1992. The Department The Department will also retain the has concluded that Executive Order interpretation set out in the proposal the Executive Order, to establish a de 13496 was drafted with awareness of that the exception for contracts below minimis value standard for subcontracts these earlier Executive Orders, and that the simplified acquisition threshold below which the rule will not apply. it was intended to be implemented in applies only to the prime contract. The Such a standard expressly employs the the same manner as its predecessors. Department views as plain and principle that certain activity is of such One commenter emphasized that the unambiguous the text of the Executive modest concern to the application of the regulatory implementation of Executive Order on this point. Section 2 of the legal standard that it can be set apart Orders 12800 and 13201 was Order states that ‘‘all Government from its application. Wisconsin Dept. of supportable because those orders contracting departments and agencies Revenue v. William Wrigley, Jr., Co., 505 granted authority to the Secretary to shall, to the extent consistent with law, U.S. 214 (1992) (the maxim—‘‘the law exempt subcontracts below an include the [contract clause] in every cares not for trifles’’—is part of the appropriate tier, suggesting application Government contract, other than * * * established background of legal of the obligations of those orders to purchases under the simplified principles against which all enactments lower contract tiers. See Section 3(b)(v) acquisition threshold. * * *’’ 74 FR are adopted, and which all enactments of Executive Orders 12800 and 13201, 6107 (emphasis added). Based on this (absent contrary indication) are deemed 57 FR 12986, Apr. 13, 1991; 66 FR provision, the exception for contracts to accept). A de minimis standard based 11222, Jan. 17, 2001 (‘‘subcontracts below the simplified acquisition on the dollar value of the subcontract below an appropriate tier set by the threshold applies only to the original also has the advantage of permitting Secretary’’ may be exempted). In this government contract, and has no subcontractors to ascertain at the time of case, the comment notes, Executive application to subsequent subcontracts. entry into the subcontract that this rule Order 13496 does not grant the In response to comments, the will or will not apply to them. In Secretary similar regulatory authority to Department does not consider the implementing the equal opportunity exempt contracts below an appropriate result—excepting prime contracts below contract clause requirements of tier, thus suggesting that the Executive the simplified acquisition threshold and Executive Order 11246, the Department Order does not contemplate reaching covering subcontracts below that has established a $10,000 threshold for contracts other than first tier threshold—to be incongruous. The contracts and subcontracts below which subcontracts. However, the Department Department concludes that the that rule will not apply. See 41 CFR 60– views the absence of such regulatory Executive Order embodies a sound 1.5(a). The Department considers authority to exempt contracts below a policy choice that when the Federal suitable the application of a similar certain tier as supporting its government enters into a large prime $10,000 threshold for subcontracts interpretation that the Executive Order contract (defined as exceeding the below which this rule will not apply, intends that its obligations are to apply simplified acquisition threshold), all and this de minimis standard has been to all subcontracts of the prime contract employees working under the umbrella added to § 471.3(a)(4). In addition, as regardless of tier. The President omitted of that prime contract will be notified of with the admonition in § 471.3(a)(2)(i) from Executive Order 13496 any their rights under federal labor law, that agencies and contractors may not administrative authority to exempt including employees of lower tier enter into contracts so as to avoid the lower tier subcontractors because he did subcontractors. Indeed, it would be application of the rule, contractors and not intend to permit any tier-based incongruous to seek economical and subcontractors similarly may not enter exemption, and not because it was efficiency improvements in government into contracts so as to avoid application contemplated that lower tier procurement through a well-informed of the rule, and that constraint has also

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been added to § 471.3(a)(4). In addition NRLA-covered employees work, posting perform work related to the contract, to the exception for de minimis in locations where contract-related and second, they must post it in all contracts, the definition of subcontract, activity is performed, and posting where places where notices to employees are as proposed in the NPRM, will continue employee notices are customarily customarily posted. This comment to be limited to those that are ‘‘necessary placed. The NPRM summarized the suggests that the first requirement is to the performance of’’ the government physical posting criteria by stating that separate from the second, so the notice contract. the provision establishes that a must be posted where contract work is In addition to the exceptions for contractor is required to post the notice being performed, even if not where certain contracts, the Executive Order physically at its place of operation customary employee notices are posted, establishes two exemptions that the where employees are likely to see it. 74 and a notice must also be posted where Secretary, in her discretion, may FR at 38491. In addition, proposed employee notices are customarily provide to contracting department or § 471.2(d) provided that the Department posted. Under this interpretation, a agencies that the Secretary finds will print the required employee notice contractor must post, for example, on appropriate for exemption. Sec. 4, 74 FR poster and supply it to Federal the work floor and where other notices 6108. These provisions permit the contractors through the Federal are posted. In a similar vein, a second Secretary to exempt a contracting contracting agency. The NPRM also commenter suggests that DOL ‘‘mandate department or agency or group of noted the poster may be obtained from effective physical posting’’ because departments or agencies from the OLMS, whose contact information was ‘‘employees working at diverse or requirements of any or all of the provided in this subsection of the remote locations may not always pay provisions of the Order with respect to proposed rule, or can be downloaded attention to electronic notices but do a particular contract or subcontract or from OLMS’s Web site, http:// take note of physical postings in their any class of contracts or subcontracts if www.olms.dol.gov. The NPRM observed work areas’’ (emphasis added). she finds either that the application of that the Department’s printing of the Several commenters raised concerns any of the requirements of the Order poster and provision of it to Federal about the application of the phrase would not serve its purposes or would contractors will reduce the burden on ‘‘activities relating to the performance of impair the ability of the government to those contractors to comply with the the contract.’’ One commenter submitted procure goods or services on an Executive Order and this regulation, and that the meaning of where employees economical and efficient basis, or that will ensure conformity and consistency ‘‘engage in activities relating to the special circumstances require an with the Secretary’s specifications for performance of the contract’’ is vague exemption in order to serve the national the notice. Proposed § 471.2(d) also and unclear. Must a contractor post the interest. Id. Proposed § 471.3(b) permitted contractors to reproduce in notice, the commenter asks, in a implemented these exemptions, and exact duplicate the poster supplied by location in which employees indirectly provided for the submission of written the Department to satisfy their engage in contract activities, such as requests for exemptions to the Director obligations under the Executive Order where employees provide some but not of OLMS. It also provided that the and this rule. The Department invited all products and/or services related to Director may withdraw an exemption if comment on its proposal to make the contract; where employees spent a determination is made that such available print and electronic format only 20% of their work time on action is necessary or appropriate to posters containing the employee notice. products and/or services that would achieve the purposes of the rule. The The Department received nine ‘‘eventually’’ be used at a second facility Department invited comments on the comments on issues related to the in performance of the contract; where standards and procedures for requesting physical posting requirements. As a the product or service was altered prior an exemption and the Department’s general matter, a few comments stated to fulfillment of the contract; or where withdrawal of a granted exemption, but support for the requirements for human resources personnel work at a received no comments applicable to physical posting, and a few complained separate location by providing support these proposed revisions. Therefore, the that the posting would create workplace to employees working on the contract? proposed provisions implementing the clutter. However, most comments In short, the commenter posits, what requested clarification of the criteria for ‘‘ ’’ exemptions stated in the Executive nexus must exist between an posting and the meaning of specific employee and work related to the Order have been carried over to the final terms, including ‘‘customary’’ placement performance of the contract? rule unchanged. See §§ 471.3(b) and (c). and ‘‘activities related to the A second commenter suggests that F. Physical and Electronic Posting performance of the contract.’’ posting should be required only where Requirements The contract clause in the Executive employees work directly on the Order requires covered contractors to contract. The comment argues that 1. Physical Posting Requirements post notices in ‘‘places where notices to requiring employers to post where The contract clause in the Executive employees are customarily posted.’’ 74 employees are not working directly on Order requires a contractor to post the FR 6107. One comment sought guidance the government contract may cause employee notice ‘‘in conspicuous places on this provision, asking whether compliance challenges and would give in and about its plants and offices where ‘‘customary’’ postings means placement contractors ‘‘significant pause’’ before employees covered by the National where the employer posts routine entering into future government Labor Relations Act engage in activities notices to employees such as general contracts. This commenter requests relating to the performance of the personnel information, or whether it guidance from the Department regarding contract, including in all places where instead means placement where the employees that do not directly perform notices to employees are customarily employer posts other legally mandated contract work but perform supportive posted both physically and notices, which may be different. work, such human resources and electronically.’’ Sec. 2, 74 FR 6107. This One comment suggests that the accounting employees. Similarly, a third provision from the Executive Order contract clause establishes two comment requests clarification on establishes a number of criteria for independent requirements for posting: posting where the contractor’s posting, including ‘‘conspicuous’’ First, a contractor must post the notice employees perform ‘‘remote tasks,’’ such posting, posting in locations where where NLRA-covered employees as payroll employees at a separate

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facility, or employees at a distribution employees are likely to see it. Dunham languages spoken by a significant center that sends parts to the assembly v. McLaughlin Body Co., 812 F. Supp portion of the contractor’s workforce. facility where the contract work is 867, 872 (DC Ill. 1992) (notice required See § 471.2(d). Employers with multiple performed. This comment also proposes under Age Discrimination in locations may post notices in different that the Department interpret the Employment Act). See also 29 CFR languages at different locations, if the provision to mean work performed 825.300, which requires covered posted notices are provided in directly on the contract, thus employers to ‘‘post and keep posted’’ the languages in which the employees are eliminating ‘‘upstream’’ and notice required by the Family and literate at each location. The ‘‘downstream’’ employees. To the extent Medical Leave Act (‘‘FMLA’’), 29 U.S.C. Department will provide necessary the rule covers administrative functions, 2601 et seq., ‘‘on its premises, in translations of the poster. See § 471.2(e). the comment requests more specific conspicuous places where employees With regard to the requirement in guidance on how such work is ‘‘related are employed,’’ which means § 471.2(e) that the poster not be altered to the performance of the contract.’’ ‘‘prominently where it can be readily by the contractor, the Department Finally, two commenters contended seen by employees and applicants for clarifies that this prohibition is not that the rule’s posting requirements employment.’’ Accordingly, for the intended to, and should not, impair the conflict with the Executive Order. purposes of this rule, a contractor meets ability of contractors to utilize a Specifically, they observe that the requirement to post the employee commercial poster service that might § 471.10(b)(1) requires that the notice be notice conspicuously if the notice is provide the instant employee notice posted at ‘‘each of the contractor’s prominent and can be readily seen by consolidated onto one poster with other establishments and/or construction employees. This standard has been Federally mandated labor and work sites* * *[,]’’ which appears to be incorporated into a new subsection of employment notices, so long as such broader than the contract clause § 471.2(d), which establishes the consolidation does not alter the size, requirement to post where employees regulatory standards for a contractor’s color, or content of the poster provided engage in activities related to contract physical posting of the employee by the Department. performance. The comment notice.14 Finally, the Department agrees with recommends revision to regulatory text The requirement to post ‘‘in and about the comments that additional guidance to state that posting is only required [a contractor’s] plants and offices * * *, is needed to advise contractors and where employees engage in contract’s including in all places where notices to employees regarding the meaning of the performance. employees are customarily posted[,]’’ requirement to post where employees The Department received several when read together with the ‘‘engage in activities relating to the comments about the physical poster ‘‘conspicuous’’ requirement, requires performance of the contract.’’ 74 FR itself. Two comments suggested that the widespread posting that is prominent 6107. The starting point for poster be printed in other languages, and readily observable throughout the interpretation and implementation of particularly Spanish. Two agree with contractor’s plants and offices, and this phrase is two prior executive orders the Department that in order to ensure emphasizes that among these locations that similarly obligated notice-posting that the notice is not reduced or is placement where other employee through contract clause incorporation. otherwise modified, the poster as notices are posted. ‘‘Other notices to Although neither Executive Order 11246 supplied by the Department cannot be employees’’ is not limited to Federally nor 13201 included the operative phrase altered in size or substance and that mandated legal notices, but includes as a provision setting the outside only exact duplicates of the Department- notices to employees regarding the bounds of the posting requirement, they supplied poster can be utilized. By terms and conditions of their each employed the operative phrase contrast, two commenters noted that employment. See § 471.2(d)(1). inversely to establish the basis of a this no-alteration requirement prevents In response to comments, the coverage exemption.15 As a result, both contractors from purchasing the poster Department has determined that it is Executive Orders 11246 and 13201 through a commercial source that necessary and appropriate to require a provided that the Department may grant consolidates Federally mandated contractor that employs a significant exemptions to facilities of a contractor posters into a single poster, provides number of employees who are not that are ‘‘in all respects separate and updates to posters when the content is proficient in English to post the distinct from activities of the contractor revised by the implementing agency, or employee notice in languages other than related to the performance of the both. English to achieve the purposes of the contract.’’ See E.O. 11246, Sec. 204(d), After carefully reviewing the Order, and this requirement has been as amended (available at http:// comments related to the physical incorporated into § 471.2(d). In www.dol.gov/ofccp/regs/statutes/ posting requirements, the Department implementing a similar requirement eo11246.htm); E.O. 13201, Sec. 3(c), 66 has concluded the following. The under the FMLA, 29 CFR 825.300(a)(4), FR 11222–23 (emphasis added). Executive Order requires a contractor to the Department stated that ‘‘when the In implementing the ‘‘separate and ‘‘ post the employee notice in employer employs a significant portion distinct facilities’’ exemption for conspicuous places in and about its of employees who are not literate in plants and offices[,] including all places 15 The contract clause prescribed by Executive English, the employer [must] provide Order 13201 specified that ‘‘[d]uring the term of this where notices to employees are the poster and general notice to customarily posted * * * physically.’’ contract, the contractor agrees to post a notice, of employees in a language in which they such size and in such form as the Secretary of Labor Sec. 2, para. 1, 74 FR 6107. Because the are literate.’’ 73 FR 67991, Nov. 17, shall prescribe, in conspicuous places in and about Department received no comments its plants and offices, including all places where 2008. The Department similarly adopts notices to employees are customarily posted.’’ Sec. raising issues regarding the meaning of this standard for application in this rule, ‘‘ ’’ 2(a)(1), 66 FR 11221. Section 202 of Executive posting in conspicuous places[,] the and will require a contractor to post the Order 11246 requires that ‘‘[t]he contractor agrees to Department concludes that contractors employee notice in a language or post in conspicuous places, available to employees are accustomed to such a requirement and applicants for employment, notices to be and it has a well-accepted meaning. A provided by the contracting officer setting forth the 14 Subsequent subsections of § 471.2 have been provisions of this nondiscrimination clause.’’ Sec. notice is conspicuously posted if it is re-lettered following the insertion of new 202(1), E.O. 11246 (available at http://www.dol.gov/ placed in a central location where subsection (d). ofccp/regs/statutes/eo11246.htm).

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Executive Order 11246, the Department 741.4(a)(2). Under that test, the § 471.2(d)(2)(i), the Department notes has adopted a multi-factor analysis to Department considered a position to that a contract for production and sale determine whether activity at a certain have been engaged in carrying out a of goods to the Government commonly facility is separate and distinct from contract if: requires the work not only of the activity related to the performance of (A) The duties of the position included production employees assembling the the contract.16 Although these work that fulfilled a contractual obligation, or goods, but also of those engaged in exemption factors are facility-based, and work that was necessary to, or that functions such as repairing the are inherently intended to analyze facilitated, performance of the contract or a machinery used in producing the goods; whether entire facilities are contract- provision of the contract; or maintaining the plant; assuring quality related, they are nevertheless instructive (B) The cost or a portion of the cost of the control and security; storing the goods because they suggest that indirect position was allowable as a cost of the after production; delivering them to the contract under the principles set forth in the Government; hiring, paying, and support of or benefit from the Federal Acquisition Regulation at 48 CFR Ch. government contract may cause the 1, part 31: Provided, That a position shall not providing personnel services for the denial of an exemption or waiver be considered to have been covered by this employees engaged in contract-related request. part by virtue of this provision if the cost of work; keeping financial and accounting In addition to analyzing the the position was not allocable in whole or in records; performing related office and implementation of the phrase as it part as a direct cost to any Government clerical tasks; and supervising or operated in the two predecessor contract, and only a de minimis (less than managing the employees engaged in executive orders, the Department has 2%) portion of the cost of the position was such tasks. This list is not intended to also looked to the implementation of a allocable as an indirect cost to Government be exhaustive, but only to illustrate that similar phrase that affirmatively contracts, considered as a group. a variety of functions may commonly be established the bounds of a contractor’s 29 CFR 60–741.4(a)(2)(A)-(B). In involved in activities related to the obligations without regard to the proposing this regulatory test, the performance of the contract. Whether a possibility of waivers or exemptions. Department explained that subsection A particular employee is engaged in The Department’s previous experience includes ‘‘work that is necessary to or activities related to the performance of implementing Section 503 of the that facilitates contract performance, the contract depends on the facts. In Rehabilitation Act, 29 U.S.C. 793, even if not directly required by an each case, the question is whether the provides such an analog. Prior to a express contract term, [which] is duties of the employee’s position statutory amendment in 1992, the intended to reflect the practical reality include work that contributes to or affirmative action requirements of that performance of a contract generally furthers the performance of the contract, Section 503 required government requires the cooperation of a variety of or work whose omission would impede contracts in excess of $10,000 to individuals engaged in auxiliary and the contract’s performance. ‘‘contain a provision requiring that, in related functions beyond direct 2. Electronic Posting Requirements employing persons to carry out such production of the goods or provision of contract, the party contracting with the the services that are the object of the The NPRM stated that those United States shall take affirmative contract.’’ 57 FR 48092, Oct. 21, 1992. contractors that customarily post notices action to employ and advance in The Department has uniformly to employees electronically must also post the required notice electronically. employment qualified individuals with concluded in each of these prototypes— In proposed § 471.2(e), the Department disabilities.’’ 29 U.S.C. 793 (1991 Executive Orders 11246 and 13201, and indicated that such contractors may compilation) (emphasis added). Section 503—that contract-related work satisfy the electronic posting Accordingly, the affirmative action includes more than direct work that requirement on any Web site that is provision of Section 503 applied only effectuates that product or service that maintained by the contractor or insofar as the contractor was employing is the subject of the contract. Under the subcontractor and customarily used for persons to ‘‘carry out’’ or, as with Department’s interpretations, included employee notices, whether external or Executive Order 13496, ‘‘engage in in contract-related activity is indirect or internal. The NPRM noted that a activities related to the performance of,’’ auxiliary work without which the contract could not be effectuated, such contractor must display prominently on the government contract. The similar its Web page or electronic site where focus of these provisions is thus as maintenance, repair, personnel and payroll work. other employee notices are customarily directed to the specific nature of the placed a link to the DOL’s Web page employees’ work, and is not based on Accordingly, the Department will adopt the disjunctive test previously that contains the full text of the the conduct of the work at a facility. employee notice. The contractor must To determine whether contractors used for implementing the affirmative also place the link in the prescribed text were ‘‘employing persons to carry out’’ a action requirements of Section 503 of contained in § 471.2(e). The prescribed government contract for the purposes of the Rehabilitation Act to determine whether, under Executive Order 13496, text is the introductory language of the Section 503, the Department established notice. The Department sought a disjunctive test. 29 CFR 60– particular employees are ‘‘engage[d] in activities relating to the performance of comments on this proposal for electronic compliance, and particularly 16 These factors are found in Office of Federal the contract.’’ See § 471.2(d)(2).17 In Contractor Compliance Programs Directive, determining whether employees are requested feedback regarding whether it Separate Facility Waivers/Exemptions (Sept. 13, engaging in activities relating to the should prescribe standards regarding 2002) (available at http://www.dol.gov/ofccp/regs/ performance of the contract under the size, clarity, location, and brightness compliance/directives/dir260.pdf). Other factors with regard to the link, including how that may be considered include the number of facilities connected to the contractor’s Government 17 In addition, Proposed § 471.10(b)(1), which to prescribe electronic postings that are contracts and the nature of the contractor’s stated that compliance evaluations will determine at least as large, clear and conspicuous contractual relationship with the Government. Id. at whether the notice is posted ‘‘in an about each of as the contractor’s other posters. 4. The Department’s implementation of now the contractor’s establishments and/or construction The Department received numerous revoked Executive Order 13201 concluded that the worksites,’’ has been modified to reflect that identical factors would be used to consider requests compliance evaluations will assess conformity with comments about the electronic posting for waivers for separate and distinct facilities under the applicable physical and electronic posting requirements of the rule. About half of that rule. See 69 FR 16384. standards contained in § 471.2(d) and (f). those comments sought additional

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guidance on the meaning of particular access to electronic postings may be 6107 (emphasis added). Thus, the Order terms used in the rule that establish the limited to employees engaged in indicates that the physical and electronic posting requirement, and the activities related to the contract. electronic posting requirements are other half commented on the text Three comments sought clarification simultaneous, and one cannot be used prescribed to accompany the electronic of the requirement to ‘‘display in lieu of, or as a substitute for, the link to the notice. In addition, the prominently’’ the link to the other. Accordingly, if an employer Department received one comment Department’s Web site containing the customarily posts employee notices responding particularly to whether the full text of the notice. The first comment both physically and electronically, it Department should adopt standards suggests that many employers have must post this notice both physically regarding display of the link. Finally, intranet sites that are devoted entirely to and electronically. As with the physical one comment challenged the communication with employees, and posting requirements, the Department requirement to post electronically as absent further guidance on prominent concludes that a contractor ‘‘customarily unnecessary, redundant and ultimately display, such employers will be posts employee notices electronically’’ burdensome because, the commenter uncertain where on those sites to within the meaning of the rule when the submitted, most employees are include the link to the required notice. contractor posts messages to employees accustomed to finding notices on One labor organization suggested that electronically about the terms and employee bulletin boards. This placement of the link be required conditions of their employment, and comment also suggested that posting ‘‘immediately’’ on any page referencing such messages are not limited to this notice electronically, when other employee notices so that successive Federally mandated communications Federally mandated notices are required clicks are avoided. A second labor and employee rights. Thus, a contractor to be posted only physically, heightens organization suggested that the rule must post this notice electronically in the impact of this notice and suggests require the link to be no less prominent those places that it customarily posts that it may have priority over other than the employer’s display of other electronically other messages to required notices. The comment suggests comparable notices. Finally, in response employees about the terms and that this outcome is not supported by to the Department’s specific query conditions of their employment. the requirements of the Executive Order. regarding whether it should prescribe Further, inherent in the concept of a standards regarding the size, clarity, Two comments suggested additional contractor’s ‘‘customary’’ electronic location and brightness of the link, one posting is employee access to those limitations on the meaning of commenter responded negatively, ‘‘ communications. Presumably, a customarily post[ing] notices to arguing that such regulation would be ’’ contractor would not electronically post employees electronically, which is the ‘‘intrusive, overreaching and over- threshold standard that triggers the notices to employees about the terms regulating.’’ Instead of assuming that and conditions of their employment if obligation to post this notice contractors may try to minimize the electronically as well. The first its employees did not have regular link, the comment suggested that the access to those notices. Therefore, the comment applauds the use of electronic Department simply require that the link notification to employees, but suggests Department need not at this time be displayed in the same size and clarity provide guidance or set standards that the requirement to post as other information on the employer’s electronically be limited to those cases regarding employee access to electronic Web site. postings. in which the employer posts only other The Department received six Federally mandated notices comments on the text required to be The Executive Order’s requirement to electronically. The comment suggests included with the link to the notice, and post ‘‘conspicuously’’ was interpreted in that employers may post a variety of because the prescribed text is identical proposed § 471.2(e) of the NPRM as notices to employees electronically, and to the preamble of the notice, the requiring the ‘‘prominent display’’ of the the mere use of electronic comments were analogous to comments link to the Department’s Web site, and communications would trigger the e- discussed earlier about the text of the comments reflected uncertainty posting requirement for this notice. The preamble—some favored the statement regarding the meaning of this provision. second comment suggests that in those regarding encouraging collective In particular, as noted in the comments, cases in which an employer posts bargaining and some opposed it. In large contractors may have entire notices to employees both physically addition to comments about the content intranets that are available for and electronically, the rule should be of the text, two commenters objected to communication to employees. Other modified to give employers the option the length of the prescribed text, one contractors may maintain a Web site on to post only physically. The comment suggesting that it is cumbersome and which notices to employees are not supports the optional requirement with impractical and the other suggesting consolidated into one location. Until the example of firms that engage in that the prescribed text simply state, compliance experience is further manufacturing that may post some ‘‘Your Rights Under the National Labor developed, the Department will not notices electronically. The most Relations Act.’’ Two labor organizations adopt a standard for ‘‘prominent effective way to reach the employees favored the inclusion of the prescribed display’’ that precisely regulates the engaged in the manufacturing process, text, and suggested that it include the location of electronic notice by a set the comment contends, is to physically heading, ‘‘Important notice of Your number of successive ‘‘clicks’’ away post notices on the shop floor. This Federal Rights with Regard to Collective from a starting page, as suggested in comment suggests the electronic posting Bargaining.’’ some comments. Instead, the in such instances would be needless After full consideration of the Department will consider that the and burdensome, and defeat the intent comments about the rule’s electronic electronic notice is displayed of the Executive Order. The comment posting requirements, the Department prominently if the link to the suggests that the requirement to post has made the following decisions. The Department’s Web site containing the electronically be limited to those cases Executive Order requires posting in ‘‘all notice is no less prominent than the in which employees engaged in places where notices to employees are contractor’s other notices to employees. activities related to the contract have customarily posted both physically and In addition, at this time the Department regular access to electronic postings and electronically.’’ Sec. 2, para. 1, 74 FR will not set regulatory standards

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regarding the clarity or brightness of the One commenter agreed with proposed terms in the Act. 29 U.S.C. 152(2)–(3). link to the Department’s Web site. § 471.4 as a starting point, but suggested Section 10(a) of the Act empowers the Further, in response to comments and that the rule must clarify several points Board ‘‘to prevent any person from for a variety of reasons, including with respect to NLRA coverage. First, engaging in any unfair labor practice limitations on space available for the comment suggests that the rule affecting commerce,’’ and § 9 of the Act electronic notices, the Department has should state that it does not apply to extends the jurisdiction to eliminated the requirement to include contractors without employees. Second, representation cases where commerce text specified in proposed Appendix B the comment suggests that the rule would be affected. 29 U.S.C. 160(a), 159. with the link to the Department’s Web should exempt employers that do not Sections 2(6) and 2(7) provide statutory site containing the employee notice. fall within the NLRB’s discretionary definitions of ‘‘commerce’’ and ‘‘affecting Instead, the link to the Department’s jurisdictional standards related to the commerce.’’ 29 U.S.C. 152(6), (7). Web site must read, ‘‘Important Notice volume and character of the business The Supreme Court has determined about Employee Rights to Organize and done by the employer. Third, the that Congress granted the Board with Bargain Collectively with Their comment states that the rule should ‘‘the fullest jurisdictional breadth Employers,’’ and this requirement has indicate that the Board’s jurisdiction constitutionally permissible under the been included with the other does not extend to some employers, Commerce Clause.’’ NLRB v. Reliance requirements for electronic posting in such as religious school and tribal Fuel Corp., 371 U.S. 224, 226 (1963). § 471.2(f). enterprises. A second comment agrees Although the NLRA’s statutory Finally, as with the requirement to that the Department should state that jurisdiction is coextensive with post translations of the physical employers who are not covered by the congressional power to legislate under employee notice, where a significant Board’s discretionary jurisdictional the Commerce Clause, the Board has portion of a contractor’s workforce is standards, or are exempted from established discretionary standards that not proficient in English, the contractor coverage for other reasons, such as limit the assertion of its broad statutory must provide the required electronic certain religious educational institutions authority to those cases which, in its notice in the language the employees or the horse-racing industry, should be opinion, have a substantial effect on speak. This requirement will be satisfied expressly excluded from the rule’s commerce. These discretionary by prominent display, as required in application. Two comments raised the standards are based on the volume and § 471.2(f), of a link to the Department of issue of application of the rule to foreign character of the business done by the employer. See ‘‘An Outline of Law and Labor’s Web site that contains the full operations. The first comment urges the Procedure in Representation Cases,’’ text of the poster in the language or exemption of posting requirements for Chapter 1, Jurisdiction (August 2008) languages the employees speak. In such [presumably U.S. firms with] (available at http://www.nlrb.gov/nlrb/ cases, the Office of Labor-Management ‘‘employees performing work outside of legal/manuals/outline_chap1.html). Standards will provide translations of the United States’’ because ‘‘the nations However, even where an employer fails the link to the Department’s Web site in which our companies operate to meet the appropriate discretionary that must be displayed on the overseas have labor management monetary standard, the Board will assert contractor’s or subcontractor’s Web site. requirements of their own.’’ The second comment raises the concern that its jurisdiction to the extent necessary to G. Application of the Rule to Employers requiring notice-posting ‘‘in foreign address alleged violations of Section of ‘‘Employees Covered by the NLRA’’ contracts and subcontracts would be 8(a)(4), which prohibits retaliation confusing to employees working abroad against employees who give testimony Proposed § 471.4 implemented the or file charges under the Act, if it can policy noted above that the Executive who would not be subject to the statute.’’ This comment notes that be established that the Board has Order requires notice-posting in those statutory jurisdiction, i.e., a greater than workplaces in which employees covered OFCCP has incorporated a similar exclusion in its regulations at 41 CFR de minimis flow of goods or services by the NLRA perform work related to across State lines. Pickle Bill’s, Inc., 224 the Federal contract. Thus, § 471.4 of 60–1.5(a)(3), and suggests a similar exemption for work performed on NLRB 413 (1976). the proposed regulatory text established After due consideration, the coverage of the rule that is coterminous contracts and subcontracts outside the U.S. Department declines to limit the with NLRA coverage, and stated that the application of the notice-posting rule did not apply to employers As noted, Section 2 of the Executive Order requires contractors to post the requirements based on the Board’s excluded from the definition of discretionary jurisdictional standards ‘‘employer’’ in the NLRA, 29 U.S.C. required notice ‘‘where employees covered by the National Labor Relations for the following reasons. First, had the 152(2), and employers of employees President wanted the application of the excluded from the definition of Act’’ perform contract-related activities. The NLRA applies to employers and rule to be limited in such a fashion, the ‘‘employee’’ under the NLRA, 29 U.S.C. words of the Executive Order would 152(3).18 employees that are not excluded from coverage under the definitions of those create such a limitation, but no such text appears in the Order. Second, the 18 Under the NLRA, the term ‘‘employer’’ excludes Board’s discretionary jurisdictional the United States, any wholly owned Government one the number of employer exclusions listed in corporation, any Federal Reserve Bank, any State or § 471.4(a). standards were established to better political subdivision thereof, any person subject to The NLRA’s definition of ‘‘employee’’ also effectuate the purposes of the Act to the Railway Labor Act [45 U.S.C. 151 et seq.], any excludes those employed as agricultural laborers, in ‘‘promote the prompt handling of major labor organization (other than when acting as an the domestic service of any person or family in a cases’’ by limiting the exercise of its employer), or anyone acting in the capacity of home, by a parent or spouse, as an independent officer or agent of such labor organization. 29 U.S.C. contractor, as a supervisor, or by an employer jurisdiction ‘‘to enterprises whose 152(2). Section 471.4(a)(3) of the NPRM contained subject to the Railway Labor Act, such as railroads operations have, or at which labor an inadvertent drafting error, which combined two and airlines. 29 U.S.C. 152(3). Section 471.4(b) has disputes would have, a pronounced employer exclusions into one subparagraph. The been modified to include the NLRA’s catchall impact upon the flow of interstate two exclusions—any State or political subdivision definition of excluded employees, i.e., someone ’’ of a State and any person subject to the Railway who is employed ‘‘by any other person who is not commerce. Hollow Tree Lumber Labor Act—have been listed in separate an employer as defined’’ in the NLRA. 29 USC Company, 91 NLRB 635, 636 (1950). subparagraphs in the final rule, thus increasing by 152(3). The application of the notice-posting

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rule to employers outside the Board’s similarly implicate the Department’s law to apply to Indian tribes. Id. The discretionary jurisdictional limits raise action under the Executive Order with Department will utilize the same no similar concerns related to the respect to such contractors, the rule will standard, and apply this rule to Federal prompt handling of major unfair labor not apply to contractors that hold contractors that are Indian-owned or practice or representation cases, and themselves out to the public as a -operated enterprises, unless one of the thus no similar rationale demands the religious institution, that are nonprofit, exceptions articulated by the Board in inclusion of such a limitation. Third, and are religiously affiliated. See San Manuel applies. the Board’s discretionary jurisdictional University of Great Falls v. NLRB, 278 Subpart B—General Enforcement; standards are numerous and unwieldy F.3d 1335 (DC Cir. 2002) (employing Compliance Review and Complaint for the purposes of this rule. The three-part test for implementing Procedures jurisdictional standards that have the Catholic Bishop); Universidad Central broadest application are those for retail de Bayamon v. NLRB, 793 F.2d 383 (1st Subpart B of the proposed rule and non-retail operations, but the Board Cir. 1985) (en banc) (Breyer, Circuit established standards and procedures has established numerous separate Judge) (same). the Department will use to determine individual standards to address certain As noted, the comments also raise the compliance with obligations of the rule, industries and types of enterprises, issue of the application of the rule to take complaints regarding including health care organizations, U.S. firms doing business abroad. The noncompliance, address findings of newspapers, and educational Supreme Court has stated that the violations, provide hearings for certain institutions, among others. See ‘‘An statutory jurisdiction of the NLRA matters, impose sanctions, including Outline of Law and Procedure in extends only to employees ‘‘of our own debarment, and provide for Representation Cases,’’ supra, Chapter 1, country and its possessions.’’ Benz v. reinstatement in the case of debarment. Jurisdiction (discussing jurisdictional Compania Naviera Hidalgo, S.A., 353 The standards and procedures proposed standards applicable by industry). U.S. 138, 144 (1957). More precisely, the in the NPRM were taken largely from Finally, as illustrated in Pickle Bill’s, Act only applies to employees in the the Department’s prior rule Inc., supra, 224 NLRB at 413, certain territorial United States, and not to administering and enforcing Executive public policies, such as remedying an American employees located abroad. Order 13201, 66 FR 11221. See 29 CFR employer’s unlawful interference with See, e.g., RCA Oms, 202 NLRB 228 Part 470 (2008), rescinded under the statutory right of all employees (1973); Range Sys’s. Eng’g Support, 326 authority of E.O. 13496, 74 FR 14045, freely to resort to and participate in the NLRB 1047 (1998); Computer Sci.’s March 30, 2009. The Department invited Board’s processes, demand that the Raytheon, 318 NLRB 966 (1995); GTE comment on the administrative and Board’s discretionary jurisdictional Automatic Elec. Inc., 226 NLRB 1222 enforcement procedures proposed in standards not apply. The Department (1976). Similarly, the regulations Subpart B. The NPRM noted that OFCCP likewise concludes that the public implementing Executive Order 11246 administers and enforces several laws policy underlying this rule favoring exempt from coverage ‘‘work performed that ban discrimination and require notification to employees of their rights outside the United States by employees Federal contractors and subcontractors similarly demands that the Board’s who were not recruited within the to take affirmative action to ensure that discretionary jurisdictional standards United States.’’ 41 CFR. 60–1.5(a)(3). For all individuals have an equal not apply. Therefore, the Department these reasons, the Department has determined that this rule will not apply opportunity for employment. Therefore, has determined that the rule applies to OFCCP already has responsibility for ‘‘ to government contracts for work employers of employees covered by the monitoring, evaluating and ensuring National Labor Relations Act,’’ Sec. 2, 74 performed exclusively by employees of U.S. firms operating outside the that contractors doing business with the FR at 6107, without regard to the Federal government conduct themselves Board’s discretionary jurisdictional territorial United States, and 19 § 471.3(a)(5) has been added to reflect in a manner that complies with certain limitations. Federal laws. Proposed § 471.10 built on These comments also raise the issue this determination. this practice and expertise, and of the application of the rule to certain Finally, the comments raise the issue regarding the application of the rule to established authority in the Director of contractors that might implicate the tribal governments. The NLRA is a OFCCP to conduct evaluations to First Amendment, such as religiously statute of general applicability, and determine whether a contractor is in affiliated employers. See NLRB v. therefore may be applicable to the compliance with the requirements of Catholic Bishop of Chicago, 440 U.S. activities of Indian tribes. NLRB v. this rule. Under proposed § 471.10(a), 490 (1979) (reading the NLRA in light of Chapa-De Indian Health Program Inc., such evaluations may be done solely for the Religion Clauses of the First 316 F.3d 995 (9th Cir. 2003). The the purpose of assessing compliance Amendment, NLRB lacks jurisdiction Board’s standard for determining the with this rule, or may be undertaken in over church-operated schools). Because circumstances under which it will conjunction with an assessment of a such limits to the NLRA’s jurisdiction exercise jurisdiction over Indian-owned Federal contractors’ compliance with are constitutional in nature and and -operated enterprises is based on other laws under OFCCP’s jurisdiction. the nature of the enterprise and not its This proposed section also established 19 As one comment notes, the Board has declined completely to exercise jurisdiction over the location. San Manuel Indian Bingo & standards regarding location of the horseracing and dogracing industries because they Casino, 341 NLRB 1055 (2004). In San posted notice that will be used by are peculiarly related to, and regulated by, local Manuel, the Board overruled prior OFCCP to assess compliance and governments, and because further regulation of precedent and applied the statute to the indicates that an evaluation record will them would not contribute to stability in labor relations in those industries. See 29 CFR 103.3. conduct of Indian tribes, unless the law reflect efforts made toward conciliation, Because the Board has expressly found that its touches the exclusive rights of self- corrective action and/or jurisdiction would not enhance labor-management government in purely intramural recommendations regarding stability in those industries, and because the matters, the application of the law enforcement actions. purpose of this rule is to promote labor peace and reduce labor unrest, the Department will follow this would abrogate treaty rights, or there is The Department received three jurisdictional standard and not apply the rule to the evidence in the statute or legislative comments that each raised concerns horseracing or dogracing industries. history that Congress did not intend the about OFCCP evaluations to determine

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whether a contractor is in compliance any efforts made toward conciliation, Compliance, and that if compliance with the contract clause-inclusion and corrective action, and recommended results, a written decision be issued to notice-posting requirements of the rule. enforcement action. that effect. The thrust of these comments is that The Department received one The comment misconstrues the OFFCP compliance evaluators do not comment regarding the ‘‘informality’’ of conciliation and enforcement processes have substantive expertise about the the complaint submission process. The of the rule. Enforcement proceedings rights and obligations contained in the comment suggests that because the against a contractor, discussed further NLRA, and therefore should not be complaint is not required to be below, will result when a violation has permitted to dispense advice to submitted under penalty of perjury or not been corrected through conciliation. employees regarding those rights and similar standard, the process permits § 471.13(a)(2). If, during the conciliation obligations during compliance reviews. the filing of false complaints for process, a contractor comes into full One comment noted that employees are harassment or other wrongful purposes. compliance with the requirements of the likely to be confused by OFCCP’s role in Unlike most other complaints alleging rule and commits in writing not to implementing the rule, because the an employer’s violation of a legal repeat the violation, § 471.12(b), there is NLRB has enforcement authority obligation, however, a complaint filed no need to refer the matter for regarding the rights stated in the notice. under § 471.11 requires only a enforcement, and no attendant penalties A second commenter noted that the straightforward allegation that an can result. Similarly, because of the Department should delegate authority employer has not posted the required informality of the conciliation process for compliance to the NLRB, since it has notice physically and/or electronically, and the absence of any penalties the proper enforcement authority. Two or has not included the contract clause associated with it, there is no basis to commenters noted that the Department in its covered contracts or subcontracts. provide a contractor with formal notice, must ensure that OFCCP compliance Once notified that such a complaint has an opportunity to be heard, or a evaluators refer any questions regarding been received, the alleged violation is decision on the record at that stage of substantive rights and obligations under either easily remedied or easily the process. the NLRA to the NLRB. In response to disproved, providing virtually no Proposed § 471.13 implemented these concerns, the Department notes opportunity for harassment or other Section 6 of the Executive Order, 74 FR that the purpose of an OFCCP misuse of the complaint process. In 6108–09, and established steps that the compliance evaluation is to determine addition, because the factual basis Department will take in the event that whether a contractor is in compliance underlying a complaint is easily conciliation efforts fail to bring a with the requirements of this rule, in corrected, an employee who files a true contractor into compliance with this particular, whether the contractor has complaint may be vulnerable to rule. Under this proposed section, enforcement proceedings may be satisfied the notice-posting and contract retaliation by an employer who quickly initiated if violations are found as a clause-inclusion requirements corrects the violation and then subjects result of either a compliance evaluation applicable to that contractor. To the the complaining employee to or a complaint investigation, or in those extent that questions are raised repercussions that may result from a cases in which a contractor refuses to regarding the substantive provisions of penalty-of-perjury standard. Finally, the allow a compliance evaluation or the notice during a compliance complaint process for the Department’s complaint investigation or refuses to evaluation, the OFCCP reviewer will former and now-revoked employee notice rule, 29 CFR 470.11 (2008) was cooperate with the compliance refer such questions to the NLRB. identical to this process. For these evaluation or complaint investigation, Therefore, no change to the proposed reasons, the Department has decided to including failing to provide information § 471.10 is required. retain the complaint process as sought during those procedures. The Proposed § 471.11 provided for the proposed in the NPRM. See § 471.11. enforcement procedures proposed in Department’s acceptance of written Proposed § 471.12 set out the initial § 471.13 relied primarily on the complaints alleging that a contractor steps that the Department will take in Department’s regulations at 29 CFR part doing business with the Federal the event that a contractor is found to 18, which govern administrative government has failed to post the notice be in violation of this rule, including hearings before an Administrative Law required by this rule. The proposed making reasonable efforts to secure Judge (‘‘ALJ’’), and on the provisions for section established that no special compliance through conciliation. Under expedited hearings at 29 CFR 18.42. The complaint form is required, but that this proposed section, a noncompliant procedures in this proposed section complaints must be in writing. In contractor must take action to correct established that an ALJ will make addition, as proposed in § 471.11, the violation and commit in writing to recommended findings and conclusions written complaints must contain certain maintain compliance in the future. If the regarding any alleged violation to the information, including the name, contractor fails to come into Assistant Secretary for Employment address and telephone number of the compliance, OLMS may proceed with Standards (‘‘Assistant Secretary’’), who person submitting the complaint, and enforcement efforts proposed in would issue a final administrative order. the name and address of the Federal § 471.13. The final administrative order may contractor alleged to have violated this One comment regarding the include a cease-and-desist order or other rule. This proposed section established conciliation process requested that the appropriate remedies in the event that a that written complaints may be Department clarify the extent of a violation is found. The procedures in submitted either to OFCCP or OLMS, contractor’s liability for penalties if the this proposed section also established and the contact information for each contractor has fully cooperated with timetables for submitting exceptions to agency was contained in this reasonable conciliation effort and the ALJ’s recommended order to the subsection. Finally, proposed § 471.11 complies with the requirements of the Assistant Secretary, and also provided established that OFCCP will conduct rule. The same comment suggests that a for the use of expedited proceedings. investigations of complaints submitted contractor be given notice of the Other than the substitution of the under this section, make compliance conciliation process and an opportunity Administrative Review Board for the findings based on such investigations, to appear at that stage before the Assistant Secretary, as noted earlier, no and include in the investigation record Director for Federal Contract changes were made to proposed

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§ 471.13, and it is unchanged in the than the substitution of the Director of subcontractors. In those instances in final rule. OLMS for the Assistant Secretary, as which a contractor fails to take the Proposed § 471.14 addressed the noted earlier, no changes were made to action directed by the Secretary imposition of sanctions and penalties in proposed § 471.14, and it is unchanged regarding a subcontractor’s cases in which violations are found, and in the final rule. noncompliance, the contractor may be established post-hearing procedures Proposed § 471.15 permitted a subject to the same enforcement and related to such sanctions or penalties. contractor or subcontractor to seek a remedial procedures that apply to Section 7 of the Executive Order hearing before the Assistant Secretary noncompliance with requirements to provides the framework for the scope before the imposition of any of the provide employee notice or include the and nature of remedies the Department remedies outlined above. Other than the contract clause in its contracts. See may order in the event of a violation. 74 substitution of the Director of OLMS for § 471.13(a)(1). FR 6109. the Assistant Secretary, as noted earlier, The Department received a number of Section 7(a) of the Executive Order no changes were made to proposed comments regarding the enforcement provides that the Secretary may issue a § 471.15, and it is unchanged in the procedures of the rule, the vast majority directive that the contracting final rule. Proposed § 471.16 provides of which raised concerns regarding the department or agency cancel, terminate, contractors or subcontractors that have Department’s purported enforcement of suspend, or cause to be cancelled, been debarred under this rule an the substantive provisions of the notice. terminated or suspended any contract or opportunity to seek reinstatement by Eight comments raised the issue with portion of a contract for noncompliance. requesting such in a letter to the respect to the second paragraph of the Id. In addition, the Executive Order Assistant Secretary. Under this contract clause, which states that the indicates that contracts may be proposed provision, the Assistant ‘‘contractor will comply with all cancelled, terminated or suspended Secretary may reinstate the debarred provisions of the Secretary’s notice, and absolutely, or their continuance may be contractor or subcontractor if he or she related rules, regulations, and orders of conditioned on a requirement for future finds that the contractor or the Secretary of Labor.’’ 74 FR 6107. compliance. Id. Prior to issuing such a subcontractor has come into compliance These comments note that this directive, the Secretary must offer the with this rule and has shown that it will provision, when taken together with the head of the contracting department or fully comply in the future. rule’s enforcement procedures, suggest agency an opportunity to object in As noted above, § 471.2(a) required all that the Department will be adjudicating writing to the remedy contemplated, nonexempt prime contractors and violations of the substantive provisions and the objections must contain reasons subcontractors to include the employee of the notice, which they correctly why the contract is essential to the notice contract clause in each of its indicate is solely within the purview of agency’s mission. Id. Finally, Section 7 nonexempt subcontracts so that the the National Labor Relations Board. of the Executive Order prevents the obligation to notify employees of their Other commenters raise the same issue imposition of such a remedy if the head rights is binding upon each successive more generically, and suggest that the of the contracting department or agency, subcontractor. Regarding enforcement of Department’s enforcement against or his or her designee, continues to the requirements of the rule as to contractors that violate the Department’s object to the issuance of the directive. subcontractors, the Executive Order rule interferes with the NLRB’s Id. Proposed § 471.14(a), (b), (c), and requires the contractor to ‘‘take such exclusive jurisdiction. Overall, the (d)(1) fully implemented the standards action with respect to any such comments indicate that the and procedures established in Section subcontract as may be directed by the Department’s interference with the 7(a) of the Executive Order. Secretary of Labor as a means of NLRB’s adjudicatory role would violate Section 7(b) of the Executive Order enforcing such provisions, including principles of preemption and primary provides that the Secretary may issue an sanctions for noncompliance.’’ Sec. 2, jurisdiction, and incorrectly impose order debarring noncompliant para. 4, 74 FR 6108. Accordingly, in the sanctions precluded by the NLRA. contractors ‘‘until such contractor has event that the Department determines In response to these comments, the satisfied the Secretary that such that a subcontractor is out of Department assures the contractor contractor has complied with and will compliance with the requirements of community that it cannot, nor will it, carry out the provisions of the order.’’ 74 this rule regarding employee notice or attempt to enforce the substantive FR 6109. As with the remedies inclusion of the contract clause in the provisions of the notice against discussed above, prior to the imposition subcontractor’s own subcontracts, the contractors or subcontractors. As the of debarment, the Secretary must offer Secretary may direct the contractor to comments correctly note, such the head of the contracting department require the noncompliant subcontractor enforcement authority is within the or agency an opportunity to object in to come into compliance. As indicated exclusive jurisdiction of the National writing to debarment, and the objections in the Executive Order, if such a Labor Relations Board. The primary must contain reasons why the contract directive causes the contractor to purpose of the Executive Order is to is essential to the agency’s mission. Id. become involved in litigation with the reduce the government’s contracting Finally, Section 7(b) of the Executive subcontractor, the contractor may costs by ensuring that employees are Order prevents the imposition of request the United States to enter the well-informed of their rights under the debarment if the head of the contracting litigation in order to protect the interests NLRA. 74 FR 6107. The mechanism by department or agency, or his or her of the United States. Sec. 2, para. 4, 74 which the Executive Order achieves this designee, continues to object to it. Id. FR 6108. If the contractor is unable to goal is through requiring that a Proposed § 471.14(d)(3) of the rule compel subcontractor compliance on its contractor agree in the government established the availability of the own accord, the compliance review, contract to post a notice, developed by debarment remedy. Section 471.14(f) of complaint, investigation, conciliation, the Department, to its employees about the proposed rule indicated that the hearing and decision procedures those rights. The grant of enforcement Assistant Secretary will periodically established in §§ 471.10 through 471.16 authority to the Department in Sections publish and distribute the names of to assess and resolve contractor 6 and 7 of the Executive Order is contractors or subcontractors that have compliance with the requirements of limited, and the Order sanctions the been debarred for noncompliance. Other this rule are also applicable to Department’s enforcement activity only

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as to a contractor’s compliance with the Employment Standards, which, as that the contractor disregards such an contract clause-inclusion requirements previously noted, has been done. order to seek compliance among its and the notice-posting requirements of In response to these comments, the subcontractors, such disregard may this final rule. The Department does not Department notes that contractors will make the prime contractor liable for construe the second paragraph of the not receive harsh sanctions for penalties and sanctions in the same contract clause as establishing an inadvertent or unintentional violations manner as if the contractor had failed to independent basis of authority for the of the rule. Indeed, the primary purpose incorporate the contract clause or post enforcement of the substantive of the conciliation procedures is to seek the employee notice. In this regard, provisions of the notice. Of course, the a contractor’s cooperation and however, the prime contractor is liable substantive provisions of the notice are compliance with the rule, so inadvertent for penalties and sanctions only insofar an accurate reflection of NLRA law. As and unintentional noncompliance will as it fails or refuses to seek compliance a result, if a contractor is failing or be addressed long before any sanctions among subcontractors following an refusing to comply with those may be imposed. Further, the order by the Department to do so. If a Department has decided to clarify the provisions, the contractor may be in prime contractor diligently seeks standards for reinstatement of a violation of the NLRA, and in that case subcontractor compliance following debarred contractor, and, as suggested, such an order, but a subcontractor’s charges may be lodged solely with and those standards are modeled on the compliance is not forthcoming, the adjudicated solely by the NLRB. regulation governing reinstatement of prime contractor will not be liable for Beyond questions related to alleged contractors debarred under Executive the subcontractor’s noncompliance. As overlapping jurisdiction, comments Order 11246, 41 CFR 60–1.31. Thus, noted above, only § 471.16 of this regarding enforcement of the rule made under amended § 471.16, in connection subpart was modified in response to general observations and consisted of with a reinstatement request to the comments. some requests for clarification. Two Director of OLMS, debarred contractors Subpart C—Ancillary Matters commenters submitted general support are required to show that they have for the administrative and enforcement established and will carry out policies A number of discrete issues unrelated procedures of the rule. One comment and practices in compliance with the to the issues addressed in the two indicated that these same enforcement Executive Order and implementing previous subparts merit attention in this procedures worked well in regulations. Before reaching a decision, rule, and they are set out in this subpart. implementing the now-revoked the Director of OLMS may request that Consequently, this subpart addresses Executive Order 13201, and urged the a compliance evaluation of the delegations of authority within and Department to similarly emphasize contractor be conducted, and may outside the Department to administer compliance assistance rather than require the contractor to supply and enforce this rule, rulings under or ‘‘heavy-handed enforcement.’’ One additional information regarding the interpretations of the Executive Order, commenter described the available request for reinstatement. If the Director standards prohibiting intimidation, sanctions, particularly debarment, as of OLMS finds that the contractor or threats, coercion or other interference ‘‘unduly extreme,’’ and is concerned that subcontractor has come into compliance with rights protected under this rule, a contractor might face such sanctions with and will carry out the Executive and other provisions of the Executive in the event of an unintentional or Order and the regulation, the contractor Order that are included in this rule. The Department invited comment on these inadvertent violation, such as when a or subcontractor may be reinstated. In provisions and received none, save the notice has fallen off the wall. Another addition, under the revised provision, suggestion discussed earlier in the comment requested more guidance on the Director of OLMS shall issue a context of enforcement that the reinstatement from debarment under written decision on the request. See Department delegate its enforcement § 471.16, including the steps a § 471.16. Finally, in response to the comment role to the NLRB. Therefore, the contractor must take to seek suggesting that contractors not be provisions as proposed in this subpart reinstatement and the requirement of a compelled to police their subcontractors will be retained, except that, as noted written decision on the request. This to determine compliance, the earlier, the roles and responsibilities comment offers as an example the Department concludes that the operative given to the Assistant Secretary for ESA reinstatement procedures established in provision in paragraph 4 of the contract have been reassigned. 41 CFR 60–1.31. Another comment clause of the Executive Order does not Section 471.20 implements Section 11 requests that the Department clarify that support the position suggested in the of the Executive Order, 74 FR 6110, a contractor has no affirmative comment. This provision requires a which permits the delegation of the obligation to compel a subcontractor’s contractor to ‘‘take such action with Secretary’s authority under the Order to compliance with the rule, and that a respect to any such subcontract as may Federal agencies within or outside the contractor can only be compelled to be directed by the Secretary of Labor as Department. Revised § 471.21 of the rule itself comply. This comment suggests a means of enforcing such provisions, indicates that the Directors of OLMS that it is unrealistic of the Department including the imposition of sanctions and OFCCP will share the authority to to require that contractors police their for non-compliance.’’ 74 FR 6108. The make rulings under or interpretations of subcontractors for compliance, and that provision thus indicates that a prime this rule, as appropriate and in the Department should take contractor cannot turn a blind eye accordance with their respective enforcement action directly against a toward noncompliance of its responsibilities under the rule. In this subcontractor in the event of the subcontractors, and should the connection, requests for such rulings or subcontractor’s noncompliance. The Department become aware that a prime interpretations must be submitted to the final comment regarding enforcement contractor has a significant number of Director of OLMS, who will consult suggests that the rule must be revised to subcontractors that are out of with the Director of OFCCP to the extent reflect the Department’s elimination of compliance with this rule, the necessary and appropriate to issue the the Employment Standards Department may order that prime requested ruling or interpretation. Administration and the abolition of the contractor to require its subcontractors Section 471.22 seeks to prevent position of Assistant Secretary for to come into compliance. In the event intimidation or interference with rights

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protected under this rule, so it indicates final rules to prepare a final regulatory that, on average, each prime contractor that the sanctions and penalties flexibility analysis and to develop will subcontract some portion of its available for noncompliance set out in alternatives wherever possible, when prime contract three times, and the § 471.14 will be available should a drafting regulations that will have a prime contractor therefore will expend contractor or subcontractor fail to take significant impact on a substantial time ensuring that the contract clause is all steps necessary to prevent such number of small entities. 5 U.S.C. 601 included in its subcontracts and intimidation or interference. Activities et seq. The focus of the RFA is to ensure notifying those subcontractors of their protected by this section include filing that agencies ‘‘review rules to assess and attendant obligations. To the extent that a complaint, furnishing information, or take appropriate account of the potential subcontractors subcontract any part of assisting or participating in any manner impact on small businesses, small their contract with the prime contractor, in a compliance evaluation, a complaint governmental jurisdictions, and small they, in turn, will be required to expend investigation, hearing or any other organizations, as provided by the time ensuring that the contract clause is activity related to the administration [RFA].’’ E.O. 13272, Sec. 1, 67 FR 53461 included in the next tier of subcontracts and enforcement of this rule. Finally, (‘‘Proper Consideration of Small Entities and notifying the next-tier § 471.23 implements Section 9 of the in Agency Rulemaking’’). However, an subcontractors of their attendant Executive Order, 74 FR 6109, which agency is relieved of the obligation to obligations. Therefore, for the purpose requires that contracting departments prepare a final regulatory flexibility for of determining time spent on and agencies cooperate with the a final rule if the Agency head certifies compliance, the Department will not Secretary in carrying out her functions that the rule will not, if promulgated, differentiate between the obligations of under the Order, and implements have a significant economic impact on prime contractors and subsequent tiers Section 15 of the Executive Order, 74 FR a substantial number of small entities. 5 of subcontractors in assessing time 6110, which establishes general U.S.C. 605(b). Based on the analysis spent on compliance; the Department guidelines for the Order’s below, in which the Department has assumes that all contractors, whether implementation. estimated the financial burdens to prime contractor or subcontractor, will covered small contractors and spend equivalent amounts of time IV. Regulatory Procedures subcontractors associated with engaging in compliance activity. Executive Order 12866 complying with the requirements The Department estimates that each contained in this final rule, the contractor will spend a total of 3.5 hours This final rule has been drafted and Department has certified to the Chief per year in order to comply with this reviewed in accordance with Executive Counsel for Advocacy of the Small rule, which includes 90 minutes for the Order 12866, Section 1(b), Principles of Business Administration (‘‘SBA’’) that contractor to learn about the contract Regulation. 58 FR 51735–36, Oct. 4, this rule will not have a significant and notice requirements, train staff, and 1993. The Department has determined economic impact on a substantial maintain records; 30 minutes for that this rule is not an ‘‘economically number of small entities. contractors to incorporate the contract significant’’ regulatory action under The primary goal of Executive Order clause into each subcontract and Section 3(f)(1) of Executive Order 13496 and these implementing explain its contents to subcontractors; 12866. 58 FR 51738. Based on the regulations is the notification to 30 minutes acquiring the notice from a Department’s analysis, including a cost employees of their rights with respect to government agency or Web site; and 60 impact analysis set forth more fully collective bargaining and other minutes posting them physically and below with regard to the Regulatory protected, concerted activity. This goal electronically, depending on where and Flexibility Act, 5 U.S.C. 601 et seq., this is achieved through the incorporation of how the contractor customarily posts rule is not likely to: (1) Have an annual a contract clause in all covered notices to employees. The Department effect on the economy of $100 million Government contracts. The Executive assumes that these activities will be or more or adversely affect in a material Order and this rule impose the performed by a professional or business way the economy, a sector of the obligation to ensure that the contract worker, who, according to Bureau of economy, productivity, competition, clause is included in all Government Labor statistics data, earned a total jobs, the environment, public health or contracts not on private contractors, but hourly wage of $31.02 in January 2009, safety, or state, local, or tribal on Government contracting departments including accounting for fringe benefits. governments or communities; (2) create ‘‘ and agencies, which are not small The Department then multiplied this a serious inconsistency or otherwise entities’’ that come within the focus of figure by 3.5 hours to estimate the interfere with an action taken or the RFA. Therefore, the costs attendant average annual costs for contractors and planned by another agency; (3) to learning of the obligation to include subcontractors to comply with this rule. materially alter the budgetary impact of the contract clause in Government Accordingly, this rule is estimated to entitlements, grants, user fees, or loan contracts and modifying those contracts impose average annual costs of $108.57 programs or the rights and obligations of in order to comply with that obligation per contractor (3.5 hours × $31.02). recipients thereof, or (4) raise novel is a cost borne by the Federal These costs will decrease in subsequent legal or policy issues. 58 FR 51738. As government, and is not incorporated years based on a contractor’s increasing a result, the Department has concluded into this analysis. familiarity with the rule’s requirements that a full economic impact and cost/ Once the required contract clause is and having already satisfied its posting benefit analysis is not required for the included in the Government contract, requirements in earlier years.20 rule under section 6(a)(3)(B) of the contractors then begin to assume the Based Executive Order. 58 FR 51741. However, burdens associated with compliance. 20 The Department received two comments because of its importance to the public, Those obligations include posting the suggesting that the annual compliance costs were the rule was reviewed by the Office of required notice and incorporating the underestimated in the proposed rule. The first Management and Budget. contract clause into all covered comment indicated that contractors will spend time subcontracts, thus making the same each year reviewing the notice to assess whether it Regulatory Flexibility Act is consistent with legislation, or Board or court obligations binding on covered decisions. This comment also suggested that The Regulatory Flexibility Act of 1980 subcontractors. For the purposes of the contractors would be ‘‘working under contract terms (‘‘RFA’’) requires agencies promulgating RFA analysis, the Department estimates which would not only be out-of-sync which [sic]

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upon figures obtained from Therefore, for the purposes of the RFA Therefore, in order to estimate the total USASpending.gov, which compiles analysis, the Department estimates that number of ‘‘small’’ contractors affected information on federal spending and this rule will affect 65,288 small Federal by this rule, the Department has added contractors across government agencies, prime contractors. together the estimates for the number of the Department concludes that there As noted above, for the purposes of small prime contractors calculated were 186,536 unique Federal this analysis, the Department estimates above (65,288) with the estimate of all contractors holding Federal contracts in that each prime contractor subcontracts subcontractors (186,536), all of which FY 2008.21 Although this rule does not a portion of the prime contract three we assume are small. Accordingly, the apply to Federal contracts below the times, on average. However, the Department estimates that 251,824 small simplified acquisition threshold, the community of prime contractors does prime and subcontractors are affected by Department does not have a means by not utilize a unique subcontractor for this rule. which to calculate what portion of all each subcontract; the Department Based on this analysis, the Federal contractors hold only contracts assumes that subcontractors may be Department concludes that this final with the government below the working under several prime contracts rule will not have a significant simplified acquisition threshold. for either a single prime contractor or economic impact on a substantial Therefore, in order to determine the multiple prime contractors, or both. In number of small entities. The number of entities affected by this rule, addition, some subcontractors may also Regulatory Flexibility Act does not the Department counted all Federal be holding prime contracts with the define either ‘‘significant economic contractors, regardless of the size of the government, so they may already be impact’’ or ‘‘substantial’’ as it relates to government contract held. Based on counted as affected entities. Therefore, the number of regulated entities. 5 data analyzed in the Federal in order to determine the unique U.S.C. 601. In the absence of specific Procurement Data System (fpds.gov), number of subcontractors affected by definitions, ‘‘what is ‘significant’ or which compiles data about types of this rule, the Department estimates there ‘substantial’ will vary depending on the contractors, of all 186,536 unique are the same number of unique problem that needs to be addressed, the Federal prime contractors, subcontractors as prime contractors, rule’s requirements, and the preliminary approximately 35% are ‘‘small entities’’ resulting in the estimate that 186,536 assessment of the rule’s impact.’’ See A as defined by the Small Business subcontractors are affected by this rule. Guide for Government Agencies: How to Administration (SBA) size standards.22 Further, for the purposes of this Comply with the Regulatory Flexibility analysis, the Department assumes that Act, Office of Advocacy, U.S. Small the updated law, but also potentially in conflict all subcontractors are ‘‘small entities’’ as Business Administration at 17 (available with the updated law, thereby needlessly exposing at http://www.sba.gov) (‘‘SBA Guide’’). them to potential liabilities or penalties.’’ The defined by SBA size standards. second comment indicated that the time allocated As to economic impact, one important for incorporation in full of the contract clause was and small business ‘‘dollars’’ using the criteria indicator is the cost of compliance in too low, but the comment did not suggest an employed by SBA to define ‘‘small entities.’’ In FY relation to revenue of the entity or the alternate figure for that allocation. 2008, small business actions accounted for 50% of percentage of profits affected. Id. In this The Department concludes that neither of these all Federal procurement action. However, deriving comments provides an adequate basis to reassess a percentage of contractors that are small using the case, the Department has determined the annual compliance cost estimates in the ‘‘action’’ data would overstate the number of small that the average cost of compliance with proposed rule. First, a contractor will not need to contractors because contract actions reflect more this rule in the first year for all Federal review legislation and Board or court decisions to than just contracts; they include modifications, contractors and subcontractors will be ensure that the notice in the contract clause is blanket purchase agreement calls, task orders, and accurate; this is the job of the Department. Second, federal supply schedule orders. As a result, there $108.57. The Department concludes that the time allotment for the incorporation of the are many more contract actions than there are this economic impact is not significant. contract clause, whether by reference or in full, is contracts or contractors. Accordingly, a single small Furthermore, the Department has essentially the same—the contractor must ensure contractor might have hundreds of actions, e.g., determined that of the entire regulated that its subcontracts are revised to include a delivery or task orders, placed against its contract. standard-form provision that establishes the duty to These contract actions would be counted community of all 186,536 prime post the notice. After the first time the contractor individually in the FPDS, but in fact represent only contractors and all 186,536 ensures the accuracy of the provision that must be one small business. subcontractors, 67% percent of that incorporated, the time a contractor devotes to Also reflected in FPDS, in FY 2008, small regulated community constitute small ensuring the proper inclusion of the provision on business ‘‘dollars’’ accounted for 19% of all Federal an ongoing basis should not increase as a result of dollars spent. However, deriving a percentage of entities (251,824 small contractors the length of the provision. In any event, as noted contractors that are small using the ‘‘dollars’’ data divided by all 373,072 contractors). above, the Department has revised the prohibition would understate the number of small contractors. Although this figure represents a against incorporation of the contract clause by Major acquisitions account for a disproportionate substantial number of federal reference proposed in the NPRM, and the final rule share of the dollar amounts and are almost now permits incorporation of the contract clause by exclusively awarded to large businesses. For contractors and subcontractors, because reference. Finally, the Department rejects the instance, Lockheed Martin was awarded $34 billion Federal contractors are derived from premise that the notice or the contract clause in contracts in FY 2008, which accounted for 6% virtually all segments of the economy containing it will be ‘‘out-of-sync’’ with the state of of all Federal spending in that year. The top five and across industries, this figure is a the law, thereby exposing a contractor to liabilities federal contractors, all large businesses, accounted or penalties. for over 20% of contract dollars in FY 2008. As a small portion of the national economy 21 The Federal Funding Accountability and result, because the largest Federal contractors overall. Id. at 20 (‘‘the substantiality of Transparency Act of 2006, Pub. L. 109–282 (Sept. disproportionately represent ‘‘dollars’’ spent by the the number of businesses affected 26, 2006), requires that the Office of Management Federal government, the FPDB’s data on small should be determined on an industry- and Budget establish a single searchable Web site, ‘‘dollars’’ spent understates the number of small accessible by the public for free, that includes for entities with which the Federal government does specific basis and/or the number of 23 each Federal award: (1) The name of the entity business. small businesses overall’’). receiving the award; (2) the amount of the award; The Department concludes that the percentage of (3) information on the award including transaction all Federal contractors that are ‘‘small’’ is probably 23 The Department received one comment type, funding agency, etc.; (4) the location of the somewhere between 19% and 50%, the two asserting that the Department erroneously entity receiving the award; and (5) a unique percentages derived from the FPDS figures on small concluded in the proposed rule that an effect on an identifier of the entity receiving the award. See 31 ‘‘actions’’ and small ‘‘dollars.’’ The mean of these estimated 67% of the federal contractor community U.S.C.A. § 6101 note. In compliance with this two percentages is approximately 35%, and the was insubstantial. To the contrary, the Department requirement, USASpending.gov was established. Department will use this figure above to estimate noted in the proposed rule, as here, that the rule 22 The Federal Procurement Data System (‘‘FPDS’’) how many of all Federal contractors are ‘‘small was likely to affect a ‘‘substantial number of federal compiles data regarding small business ‘‘actions’’ entities’’ in SBA’s terms. Continued

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Accordingly, the Department concludes requested comments on the information other laws applicable to Federal that the rule does not impact a collections in a 60 day notice published contractors, that it will take an average substantial number of small entities in in the Federal Register on September 8, of 1.28 hours for such a complainant to a particular industry or segment of the 2009 (74 FR 46236), and submitted a compose a complaint containing the economy. Therefore, under 5 U.S.C. 605, contemporaneous request for OMB necessary information and to send that the Department concludes that the final review of the proposed collection of complaint to the Department. This rule will not have a significant information. The Department did not number is also consistent with the economic impact on a substantial receive any comments in response to burden estimate for filing a complaint number of small entities. either the NPRM PRA analysis or the under E.O. 13201 and the now-revoked September 8, 2009 notice. OMB did not Part 470 regulations. Unfunded Mandates Reform approve the collections of information The Department has estimated it For purposes of the Unfunded contained in the NPRM stage of this would receive a total of 50 employee Mandates Reform Act of 1995, this rule rulemaking, and directed the complaints in any given year, which is would not include any Federal mandate Department to resubmit the relevant significantly larger than the estimate that might result in increased PRA documentation to OMB at the final contained its most recent PRA expenditures by State, local, and tribal rulemaking stage. submission for Executive Order 13201. governments, or increased expenditures The rule requires contractors to post In that submission, the Department by the private sector of more than $100 notices and cooperate with any estimated it would receive 20 employee million in any one year. investigation in response to a complaint complaints. This number itself had been Paperwork Reduction Act or as part of a compliance evaluation. It revised downwards because the also permits employees to file Department never received any As part of its continuing effort to complaints with the Department employee complaints pursuant to the reduce paperwork and respondent alleging that a contractor has failed to now-revoked Part 470 regulations. burden, the Department of Labor comply with those requirements. The Because the applicability of the final conducts a public consultation program application of the PRA to those rule and Executive Order 13496 is to provide the general public and requirements is discussed below. greater in scope than the now-revoked Federal agencies with an opportunity to The final rule imposes certain Part 470 and Executive Order 13201 in comment on proposed and continuing minimal burdens associated with the terms of geography (the now-revoked collections of information in accordance posting of the employee notice poster Part 470 regulations only applied to with the Paperwork Reduction Act of required by the Executive Order and states without right-to-work laws, 1995 (‘‘PRA’’) (44 U.S.C. 3506(c)(2)(A)). § 471.2(a). As noted in § 471.2(e), the whereas this rule applies nationwide), This helps to ensure that the public Department will supply the notice, and the Department has revised upwards its understands the Department’s collection contractors will be permitted to post estimate of employee complaints under instructions; respondents can provide exact duplicate copies of the notice. this rule from 20 to 50. the requested data in the desired format, Under the regulations implementing the Section 471.3(b) permits contracting reporting burden (time and financial PRA, ‘‘[t]he public disclosure of departments to submit written requests resources) is minimized, collection information originally supplied by the for an exemption from the obligations of instruments are clearly understood, and Federal government to [a] recipient for the Executive Order (waiver request) as the Department can properly assess the the purpose of disclosure to the public’’ to particular contracts or classes of impact of collection requirements on is not considered a ‘‘collection of contracts under specified circumstance. respondents. information’’ under the Act. See 5 CFR The PRA does not cover the costs to the Certain sections of this rule, including 1320.3(c)(2). Therefore, the posting Federal government for the submission § 471.11(a) and (b), contain information requirement is not subject to the PRA. of waiver requests by contracting collection requirements for purposes of The final rule will also impose certain agencies or departments or for the the PRA. In accordance with the PRA, burdens on the contractor associated processing of waiver requests by the the August 3, 2009 NPRM solicited with cooperating with an investigation Department of Labor. The regulations comments on the information into failure to comply with Part 471. implementing the PRA define the term collections as they were proposed. The regulations implementing the PRA ‘‘burden,’’ in pertinent part, as ‘‘the total Additionally, the Department separately exempt any information collection time, effort, or financial resources requirements imposed by an expended by persons to generate, contractors and subcontractors.’’ 74 FR at 38495. administrative agency during the maintain, retain, or disclose or provide However, the purpose of the RFA, and it focus, is to minimize the impact of agency regulations on conduct of an administrative action information to or for a Federal agency.’’ particular industries or sectors of the economy. See against specific individuals or entities. 5 CFR 1320.3(b)(1). The definition of the SBA Guide at 15–20. As stated in the proposed rule See 5 CFR 1320.4. Once the agency term ‘‘person’’ in the same regulations and above, federal contractors and subcontractors opens a case file or equivalent about a includes ‘‘an individual, partnership, represent all industries and sectors of the economy, thus the effect of the rule is dissipated across the particular party, this exception applies association, corporation (including economy. As an alternative approach, the comment during the entire course of the operations of government-owned urged the Department to recognize federal investigation, before or after formal contractor-operated facilities), business contractors and subcontractors as a discrete charges or complaints are filed or formal trust, or legal representative, an ‘‘industry,’’ which the Department declines to do because the adoption of such a standard would administrative action is initiated. Id. organized group of individuals, a State, defeat the focus of the analysis. Finally, in Therefore, this exemption would apply territorial, tribal, or local government or assuming both here and in the proposed rule that to the Department’s investigation of branch thereof, or a political 100% of subcontractors were small within SBA’s subdivision of a State, territory, tribal, terms, the Department employed an expansive complaints alleging violations of the estimate that undoubtedly inflated of the overall Order or this rule as well as compliance or local government or a branch of a number of affected entities. The use of the broad evaluations. political subdivision.’’ 5 CFR 1320.3(k). assumption serves to illustrate the point that even As for the burden hour estimate for It does not include the Federal if a substantial number of federal contractors and employees filing complaints, the government or any branch, political subcontractors are affected by the final rule, the effect of the rule on the economy as a whole is not Department estimates, based on the subdivision, or employee thereof. substantial. experience of OFCCP administering Therefore, the cost to the Federal

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government for the submission of Executive Order 13084 (Consultation 471.12 What are the procedures to be waiver requests by contracting agencies and Coordination With Indian Tribal followed when a violation is found and departments need not be taken into Governments) during a complaint investigation or consideration. compliance evaluation? The Department certifies that this The Department invited the public to 471.13 Under what circumstances, and final rule does not impose substantial how, will enforcement proceedings comment on whether each of the under Executive Order 13496 be proposed collections of information: (1) direct compliance costs on Indian tribal governments. conducted? Ensures that the collection of 471.14 What sanctions and penalties may information is necessary to the proper Small Business Regulatory Enforcement be imposed for noncompliance, and performance of the agency, including Fairness Act of 1996 what procedures will the Department whether the information will have follow in imposing such sanctions and This rule is not a major rule as practical utility; (2) estimates the penalties? defined by Section 804 of the Small projected burden, including the validity 471.15 Under what circumstances must a of the methodology and assumptions Business Regulatory Enforcement contractor be provided the opportunity used, accurately; (3) enhances the Fairness Act of 1996. This rule will not for a hearing? result in an annual effect on the 471.16 Under what circumstances may a quality, utility, and clarity of the contractor be reinstated? information to be collected; and (4) economy of $100 million or more; a minimizes the burden of the collection major increase in costs or prices; or Subpart C—Ancillary Matters significant adverse effects on of information on those who are to 471.20 What authority under this part or respond, including through the use of competition, employment, investment, Executive Order 13496 may the Secretary appropriate automated, electronic, productivity, innovation, or on the delegate, and under what circumstances? mechanical, or other technological ability of the United States-based 471.21 Who will make rulings and collection techniques or other forms of companies to compete with foreign- interpretations under Executive Order information technology (e.g., permitting based companies in domestic and 13496 and this part? export markets. 471.22 What actions may the Director of electronic submission of responses). As OLMS take in the case of intimidation noted above, the Department received List of Subjects in 29 CFR Part 471 and interference? no comments on the PRA analysis. Administrative practice and 471.23 What other provisions apply to this The Department notes that a federal part? agency cannot conduct or sponsor a procedure, Government contracts, Employee rights, Labor unions. Authority: 40 U.S.C. 101 et seq.; Executive collection of information unless it is Order 13496, 74 FR 6107, February 4, 2009; approved by OMB under the PRA, and Text of Final Rule Secretary’s Order 7–2009, 74 FR 58834, Nov. displays a currently valid OMB control 13, 2009; Secretary’s Order 8–2009, 74 FR number, and the public is not required ■ Accordingly, a new Subchapter D, 58835, Nov. 13, 2009. to respond to a collection of information consisting of Part 471, is added to 29 unless it displays a currently valid OMB CFR Chapter IV to read as follows: Subpart A—Definitions, Requirements control number. Also, notwithstanding for Employee Notice, and Exceptions Subchapter D—Notification of and Exemptions any other provisions of law, no person Employee Rights Under Federal Labor shall be subject to penalty for failing to Laws § 471.1 What definitions apply to this part? comply with a collection of information Construction means the construction, if the collection of information does not PART 471—OBLIGATIONS OF rehabilitation, alteration, conversion, display a currently valid OMB control FEDERAL CONTRACTORS AND extension, demolition, weatherization, number. SUBCONTRACTORS; NOTIFICATION or repair of buildings, highways, or As instructed by OMB and in OF EMPLOYEE RIGHTS UNDER other changes or improvements to real accordance with the PRA (5 CFR FEDERAL LABOR LAWS 1320.11 (h)), in connection with this property, including facilities providing final rule, the Department submitted an Subpart A—Definitions, Requirements utility services. The term construction ICR to OMB for its request of the new for Employee Notice, and Exceptions also includes the supervision, information collection requirements and Exemptions inspection, and other on-site functions contained in this rule. OMB approved incidental to the actual construction. the ICR on May 5, 2010, under OMB Sec. Construction work site means the Control Number 1215–0209, which will 471.1 What definitions apply to this part? general physical location of any 471.2 What employee notice clause must expire on May 31, 2013. building, highway, or other change or be included in Government contracts? improvement to real property which is Executive Order 13132 (Federalism) 471.3 What exceptions apply and what undergoing construction, rehabilitation, exemptions are available? The Department has reviewed this 471.4 What employers are not covered alteration, conversion, extension, rule in accordance with Executive Order under the rule? demolition, weatherization or repair, 13132 regarding federalism, and has and any temporary location or facility at determined that the rule does not have Appendix A to Subpart A of Part 471— which a contractor or subcontractor ‘‘federalism implications.’’ The Text of Employee Notice Clause meets a demand or performs a function employee notice required by the Sec. relating to the contract or subcontract. Executive Order and part 471 must be Contract means, unless otherwise Subpart B—General Enforcement; posted only by employers covered Compliance Review and Complaint indicated, any Government contract or under the NLRA. Therefore, the rule Procedures subcontract. does not ‘‘have substantial direct effects Contracting agency means any 471.10 How will the Department determine on the States, on the relationship whether a contractor is in compliance department, agency, establishment, or between the national government and with Executive Order 13496 and this instrumentality in the executive branch the States, or on the distribution of part? of the Government, including any power and responsibilities among the 471.11 What are the procedures for filing wholly owned Government corporation, various levels of government.’’ and processing a complaint? that enters into contracts.

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Contractor means, unless otherwise agency, and, for the purposes of provisions necessary to achieve the indicated, a prime contractor or subparts B and C of this part, includes purposes of the Executive Order and subcontractor. any person who has held a contract this part. In such circumstances, the Department means the U.S. subject to the Executive Order and this Director of OLMS will promptly issue Department of Labor. part. rules, regulations, or orders as are Director of OFCCP means the Director Related rules, regulations, and orders needed to ensure that all future of the Office of Federal Contract of the Secretary of Labor, as used in government contracts contain Compliance Programs in the Department § 471.2 of this part, means rules, appropriate provisions to achieve the of Labor. regulations, and relevant orders issued purposes of the Executive Order and Director of OLMS means the Director pursuant to the Executive Order or this this part. of the Office of Labor-Management part. (d) Physical Posting of Employee Standards in the Department of Labor. Secretary means the Secretary of Notice. A contractor or subcontractor Employee notice clause means the Labor, U.S. Department of Labor, or his that posts notices to employees contract clause set forth in Appendix A or her designee. physically must also post the required that Government contracting Subcontract means any agreement or notice physically. Where a significant departments and agencies must include arrangement between a contractor and portion of a contractor’s workforce is in all Government contracts and any person (in which the parties do not not proficient in English, the contractor subcontracts pursuant to Executive stand in the relationship of an employer must provide the notice in the language Order 13496 and this part. and an employee): employees speak. The employee notice Government means the Government of (1) For the purchase, sale or use of must be placed: the United States of America. personal property or non-personal (1) In conspicuous places in and Government contract means any services that, in whole or in part, is about the contractor’s plants and offices agreement or modification thereof necessary to the performance of any one so that the notice is prominent and between any contracting agency and any or more contracts; or readily Seen by employees. Such person for the purchase, sale, or use of (2) Under which any portion of the conspicuous placement includes, but is personal property or non-personal contractor’s obligation under any one or not limited to, areas in which the services. The term ‘‘personal property,’’ more contracts is performed, undertaken contractor posts notices to employees as used in this section, includes or assumed. about the employees’ terms and supplies, and contracts for the use of Subcontractor means any person conditions of employment; and real property (such as lease holding a subcontract and, for the (2) Where employees covered by the arrangements), unless the contract for purposes of subparts B and C of this National Labor Relations Act engage in the use of real property itself constitutes part, any person who has held a activities relating to the performance of real property (such as easements). The subcontract subject to the Executive the contract. An employee shall be term ‘‘non-personal services’’ as used in Order and this part. considered to be so engaged if: this section includes, but is not limited Union means a labor organization as (i) The duties of the employee’s to, the following services: utilities, defined above. position include work that fulfills a construction, transportation, research, United States means the several contractual obligation, or work that is insurance, and fund depository. The States, the District of Columbia, the necessary to, or that facilitates, term Government contract does not Virgin Islands, the Commonwealth of performance of the contract or a include: Puerto Rico, Guam, American Samoa, provision of the contract; or (1) Agreements in which the parties the Commonwealth of the Northern (ii) The cost or a portion of the cost stand in the relationship of employer Mariana Islands, and Wake Island. of the employee’s position is allowable and employee; and as a cost of the contract under the (2) Federal financial assistance, as § 471.2 What employee notice clause must principles set forth in the Federal defined in 29 CFR 31.2. be included in Government contracts? Acquisition Regulation at 48 CFR Ch. 1, Labor organization means any (a) Government contracts. With part 31: Provided, That a position shall organization of any kind, or any agency respect to all contracts covered by this not be considered covered by this part or employee representation committee part, Government contracting by virtue of this provision if the cost of or plan, in which employees participate departments and agencies must, to the the position was not allocable in whole and which exists for the purpose, in extent consistent with law, include the or in part as a direct cost to any whole or in part, of dealing with language set forth in Appendix A to Government contract, and only a de employers concerning grievances, labor Subpart A of Part 471 in every minimis (less than 2%) portion of the disputes, wages, rates of pay, hours of Government contract, other than those cost of the position was allocable as an employment, or conditions of work. contracts to which exceptions are indirect cost to Government contracts, Modification of a contract means any applicable as stated in § 471.3. considered as a group. alteration in the terms and conditions of (b) Inclusion by reference. The (e) Obtaining a poster with the that contract, including amendments, employee notice clause need not be employee notice. A poster with the renegotiations, and renewals. quoted verbatim in a contract, required employee notice, including a Order or Executive Order means subcontract, or purchase order. The poster with the employee notice Executive Order 13496 (74 FR 6107, clause may be made part of the contract, translated into languages other than Feb. 4, 2009). subcontract, or purchase order by English, will be printed by the Person means any natural person, citation to 29 CFR Part 471, Appendix Department, and will be provided by the corporation, partnership, A to Subpart A. Federal contracting agency or may be unincorporated association, State or (c) Adaptation of language. The obtained from the Division of local government, and any agency, Director of OLMS may find that an Act Interpretations and Standards, Office of instrumentality, or subdivision of such of Congress, clarification of existing law Labor-Management Standards, U.S. a government. by the courts or the National Labor Department of Labor, 200 Constitution Prime contractor means any person Relations Board, or other circumstances Avenue, NW., Room N–5609, holding a contract with a contracting make modification of the contractual Washington, DC 20210, or from any

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field office of the Department’s Office of Policy Act. Therefore, the employee Relations Act (NLRA), and are not Labor-Management Standards or Office notice clause need not be included in covered by the requirements of this part: of Federal Contract Compliance government contracts for purchases (1) The United States or any wholly Programs. A copy of the poster in below that threshold, provided that owned Government corporation; English and in languages other than (i) No agency or contractor is (2) Any Federal Reserve Bank; English may also be downloaded from permitted to procure supplies or (3) Any State or political subdivision the Office of Labor-Management services in a manner designed to avoid thereof; Standards Web site at http:// the applicability of the Order and this (4) Any person subject to the Railway www.olms.dol.gov. Additionally, part; and Labor Act; contractors may reproduce and use (ii) The employee notice clause must (5) Any labor organization (other than exact duplicate copies of the be included in government contracts for when acting as an employer); or Department’s official poster. indefinite quantities, unless the (6) Anyone acting in the capacity of (f) Electronic postings of employee contracting agency or contractor has officer or agent of such labor notice. A contractor or subcontractor reason to believe that the amount to be organization. that customarily posts notices to ordered in any year under such a (b) Additionally, employers employees electronically must also post contract will be less than the simplified exclusively employing workers who are the required notice electronically. Such acquisition threshold set in the Office of excluded from the definition of contractors or subcontractors satisfy the Federal Procurement Policy Act. ‘‘employee’’ under the NLRA are not electronic posting requirement by (3) Government contracts resulting covered by the requirements of this part. displaying prominently on any Web site from solicitations issued before the Those excluded employees are that is maintained by the contractor or effective date of this rule. employed: subcontractor, whether external or (4) Subcontracts of $10,000 or less in (1) As agricultural laborers; internal, and customarily used for value, except that contractors and (2) In the domestic service of any notices to employees about terms and subcontractors are not permitted to family or person at his home; conditions of employment, a link to the procure supplies or services in a manner (3) By his or her parent or spouse; Department of Labor’s Web site that designed to avoid the applicability of (4) As an independent contractor; contains the full text of the poster. The the Order and this part. (5) As a supervisor as defined under link to the Department’s Web site must (5) Contracts and subcontracts for the NLRA; read, ‘‘Important Notice about Employee work performed exclusively outside the (6) By an employer subject to the Rights to Organize and Bargain territorial United States. Railway Labor Act; or Collectively with Their Employers.’’ (b) Exemptions for certain contracts. (7) By any other person who is not an Where a significant portion of a The Director of OLMS may exempt a employer as defined in the NLRA contractor’s workforce is not proficient contracting department or agency or in English, the contractor must provide Appendix A to Subpart A of Part 471— groups of departments or agencies from the notice required in this subsection in Text of Employee Notice Clause the requirements of this part with the language the employees speak. This respect to a particular contract or ‘‘1. During the term of this contract, the requirement will be satisfied by contractor agrees to post a notice, of such size subcontract or any class of contracts or displaying prominently on any Web site and in such form, and containing such subcontracts when the Director finds that is maintained by the contractor or content as the Secretary of Labor shall that either: subcontractor, whether external or prescribe, in conspicuous places in and about internal, and customarily used for (1) The application of any of the its plants and offices where employees notices to employees about terms and requirements of this part would not covered by the National Labor Relations Act engage in activities relating to the conditions of employment, a link to the serve its purposes or would impair the ability of the Government to procure performance of the contract, including all Department of Labor’s Web site that places where notices to employees are contains the full text of the poster in the goods or services on an economical and efficient basis; or customarily posted both physically and language the employees speak. In such electronically. The ‘‘Secretary’s notice’’ shall cases, the Office of Labor-Management (2) Special circumstances require an consist of the following: Standards will provide translations of exemption in order to serve the national interest. ‘‘Employee Rights Under The National Labor the link to the Department’s Web site Relations Act’’ that must be displayed on the (c) Procedures for requesting an ‘‘The NLRA guarantees the right of contractor’s or subcontractor’s Web site. exemption and withdrawals of exemptions. Requests for exemptions employees to organize and bargain § 471.3 What exceptions apply and what under this subsection from a contracting collectively with their employers, and to exemptions are available? engage in other protected concerted activity. department or agency must be in Employees covered by the NLRA* are (a) Exceptions for specific types of writing, and must be directed to the protected from certain types of employer and contracts. The requirements of this part Director of OLMS, U.S. Department of union misconduct. This Notice gives you do not apply to any of the following: Labor, 200 Constitution Avenue, NW., general information about your rights, and (1) Collective bargaining agreements Room N–5603, Washington, DC, 20210. about the obligations of employers and as defined in the Federal Service Labor- The Director of OLMS may withdraw an unions under the NLRA. Contact the National Management Relations Statute, entered exemption granted when, in the Labor Relations Board, the Federal agency into by an agency and the exclusive Director’s judgment, such action is that investigates and resolves complaints representative of employees in an necessary or appropriate to achieve the under the NLRA, using the contact appropriate unit to set terms and information supplied below, if you have any purposes of this part. questions about specific rights that may conditions of employment of those apply in your particular workplace. employees. § 471.4 What employers are not covered under this part? ‘‘Under the NLRA, you have the right to: (2) Government contracts that involve • Organize a union to negotiate with your purchases below the simplified (a) The following employers are employer concerning your wages, hours, and acquisition threshold set by Congress excluded from the definition of other terms and conditions of employment. under the Office of Federal Procurement ‘‘employer’’ in the National Labor • Form, join or assist a union.

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• Bargain collectively through have been violated, you should contact the Subpart B—General Enforcement; representatives of employees’ own choosing NLRB promptly to protect your rights, Compliance Review and Complaint for a contract with your employer setting generally within six months of the unlawful Procedures your wages, benefits, hours, and other activity. You may inquire about possible working conditions. violations without your employer or anyone § 471.10 How will the Department • Discuss your terms and conditions of else being informed of the inquiry. Charges determine whether a contractor is in employment or union organizing with your may be filed by any person and need not be compliance with Executive Order 13496 and co-workers or a union. filed by the employee directly affected by the this part? • Take action with one or more co-workers violation. The NLRB may order an employer to improve your working conditions by, (a) The Director of OFCCP may among other means, raising work-related to rehire a worker fired in violation of the conduct a compliance evaluation to complaints directly with your employer or law and to pay lost wages and benefits, and determine whether a contractor holding with a government agency, and seeking help may order an employer or union to cease a covered contract is in compliance with from a union. violating the law. Employees should seek the requirements of this part. Such an • Strike and picket, depending on the assistance from the nearest regional NLRB evaluation may be limited to purpose or means of the strike or the office, which can be found on the Agency’s picketing. Web site: http://www.nlrb.gov. ‘‘Click on the compliance with this part or may be • Choose not to do any of these activities, NLRB’s page titled ‘‘About Us,’’ which included in a compliance evaluation including joining or remaining a member of contains a link, ‘‘Locating Our Offices.’’ You conducted under other laws, Executive a union. can also contact the NLRB by calling toll-free: Orders, and/or regulations enforced by ‘‘Under the NLRA, it is illegal for your 1–866–667–NLRB (6572) or (TTY) 1–866– the Department. employer to: (b) During such an evaluation, a • 315–NLRB (6572) for hearing impaired. Prohibit you from soliciting for a union ‘‘* The National Labor Relations Act covers determination will be made whether: during non-work time, such as before or after most private-sector employers. Excluded (1) The employee notice required by work or during break times; or from distributing union literature during non-work from coverage under the NLRA are public- § 471.2(a) is posted in conformity with time, in non-work areas, such as parking lots sector employees, agricultural and domestic the applicable physical and electronic or break rooms. workers, independent contractors, workers posting requirements contained in • Question you about your union support employed by a parent or spouse, employees § 471.2(d) and (f); and or activities in a manner that discourages you of air and rail carriers covered by the Railway (2) The provisions of the employee from engaging in that activity. Labor Act, and supervisors (although notice clause are included in • Fire, demote, or transfer you, or reduce supervisors that have been discriminated government contracts, subcontracts or your hours or change your shift, or otherwise against for refusing to violate the NLRA may purchase orders entered into on or after take adverse action against you, or threaten be covered). June 21, 2010, or that the government to take any of these actions, because you join ‘‘This is an official Government Notice and or support a union, or because you engage in must not be defaced by anyone. contracts, subcontracts or purchase concerted activity for mutual aid and ‘‘2. The contractor will comply with all orders have been exempted under protection, or because you choose not to provisions of the Secretary’s notice, and § 471.3(b). engage in any such activity. (c) The results of the evaluation will • related rules, regulations, and orders of the Threaten to close your workplace if Secretary of Labor. be documented in the evaluation record, workers choose a union to represent them. ‘‘3. In the event that the contractor does not which will include findings regarding • Promise or grant promotions, pay raises, comply with any of the requirements set or other benefits to discourage or encourage the contractor’s compliance with the union support. forth in paragraphs (1) or (2) above, this requirements of the Executive Order and • Prohibit you from wearing union hats, contract may be cancelled, terminated, or this part and, as applicable, conciliation buttons, t-shirts, and pins in the workplace suspended in whole or in part, and the efforts made, corrective action taken except under special circumstances. contractor may be declared ineligible for and/or enforcement recommended • Spy on or videotape peaceful union further Government contracts in accordance under § 471.13. activities and gatherings or pretend to do so. with procedures authorized in or adopted ‘‘Under the NLRA, it is illegal for a union pursuant to Executive Order 13496 of January § 471.11 What are the procedures for filing or for the union that represents you in 30, 2009. Such other sanctions or remedies and processing a complaint? bargaining with your employer to: may be imposed as are provided in Executive • (a) Filing complaints. An employee of Threaten you that you will lose your job Order 13496 of January 30, 2009, or by rule, a covered contractor may file a unless you support the union. regulation, or order of the Secretary of Labor, complaint alleging that the contractor • Refuse to process a grievance because or as are otherwise provided by law. you have criticized union officials or because ‘‘4. The contractor will include the has failed to post the employee notice you are not a member of the union. provisions of paragraphs (1) through (4) as required by the Executive Order and • Use or maintain discriminatory herein in every subcontract or purchase order this part; and/or has failed to include standards or procedures in making job entered into in connection with this contract the employee notice clause in referrals from a hiring hall. (unless exempted by rules, regulations, or subcontracts or purchase orders. • Cause or attempt to cause an employer orders of the Secretary of Labor issued Complaints may be filed with the Office to discriminate against you because of your pursuant to Section 3 of Executive Order of Labor-Management Standards union-related activity. 13496 of January 30, 2009), so that such • Take other adverse action against you (OLMS) or the Office of Federal Contract provisions will be binding upon each based on whether you have joined or support Compliance Programs (OFCCP) at 200 subcontractor. The contractor will take such the union. Constitution Avenue, NW., Washington, action with respect to any such subcontract ‘‘If you and your coworkers select a union DC 20210, or with any OLMS or OFCCP to act as your collective bargaining or purchase order as may be directed by the field office. representative, your employer and the union Secretary of Labor as a means of enforcing (b) Contents of complaints. The such provisions, including the imposition of are required to bargain in good faith in a complaint must be in writing and must genuine effort to reach a written, binding sanctions for non-compliance: Provided, however, if the contractor becomes involved include: agreement setting your terms and conditions (1) The employee’s name, address, of employment. The union is required to in litigation with a subcontractor, or is fairly represent you in bargaining and threatened with such involvement, as a result and telephone number; enforcing the agreement. of such direction, the contractor may request (2) The name and address of the ‘‘Illegal conduct will not be permitted. If the United States to enter into such litigation contractor alleged to have violated the you believe your rights or the rights of others to protect the interests of the United States.’’ Executive Order and this part;

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(3) An identification of the alleged (iii) A contractor’s refusal to allow a the Administrative Review Board violation and the establishment or compliance evaluation or complaint determines that the contractor has construction work site where it is investigation to be conducted; or violated the Executive Order or the alleged to have occurred; (iv) A contractor’s refusal to cooperate regulations in this part, the final (4) Any other pertinent information with the compliance evaluation or administrative order will order the that will assist in the investigation and complaint investigation, including contractor to cease and desist from the resolution of the complaint; and failure to provide information sought violations, require the contractor to (5) The signature of the employee during those procedures. provide appropriate remedies, or, filing the complaint. (v) A contractor’s refusal to take such subject to the procedures in § 471.14, action with respect to a subcontract as (c) Complaint investigations. In impose appropriate sanctions and directed by the Director of OFCCP or the penalties, or any combination thereof. investigating complaints filed with the Director of OLMS as a means of Department under this section, the enforcing compliance with the § 471.14 What sanctions and penalties Director of OFCCP will evaluate the provisions of this part. may be imposed for noncompliance, and allegations of the complaint and (vi) A subcontractor’s refusal to what procedures will the Department follow develop a case record. The record will adhere to requirements of this part in imposing such sanctions and penalties? include findings regarding the regarding employee notice or inclusion (a) After a final decision on the merits contractor’s compliance with the of the contract clause in its has issued and before imposing the requirements of the Executive Order and subcontracts. sanctions and penalties described in this part, and, as applicable, a (2) If a determination is made by the paragraph (d) of this section, the description of conciliation efforts made, Director of OFCCP that the Executive Director of OLMS will consult with the corrective action taken, and/or Order or the regulations in this part affected contracting agencies, and enforcement recommended. have been violated, and the violation provide the heads of those agencies the opportunity to respond and provide § 471.12 What are the procedures to be has not been corrected through followed when a violation is found during a conciliation, he or she will refer the written objections. complaint investigation or compliance matter to the Director of OLMS for (b) If the contracting agency provides evaluation? enforcement consideration. The Director written objections, those objections must include a complete statement of (a) If any complaint investigation or of OLMS may refer the matter to the reasons for the objections, which must compliance evaluation indicates a Solicitor of Labor to begin include a finding that, as applicable, the violation of the Executive Order or this administrative enforcement completion of the contract, or further part, the Director of OFCCP will make proceedings. (b) Administrative enforcement contracts or extensions or modifications reasonable efforts to secure compliance proceedings. (1) Administrative of existing contracts, is essential to the through conciliation. enforcement proceedings will be agency’s mission. (b) Before the contractor may be found conducted under the control and (c) The sanctions and penalties to be in compliance with the Executive supervision of the Solicitor of Labor, described in this section will not be Order or this part, the contractor must under the hearing procedures in 29 CFR imposed if: correct the violation found by the part 18, Rules of Practice and Procedure (1) The head of the contracting Department (for example, by posting the for Administrative Hearings Before the agency, or his or her designee, continues required employee notice, and/or by Office of Administrative Law Judges. to object to the imposition of such amending its subcontracts or purchase (2) The administrative law judge will sanctions and penalties, or orders with subcontractors to include certify his or her recommended decision (2) The contractor has not been given the employee notice clause), and must issued under 29 CFR 18.57 to the an opportunity for a hearing. commit, in writing, not to repeat the Administrative Review Board. The (d) In enforcing the Executive Order violation. decision will be served on all parties and this part, the Director of OLMS may (c) If a violation cannot be resolved and amicus curiae. take any of the following actions: through conciliation efforts, the Director (3) Within 25 days (10 days if the (1) Direct a contracting agency to of OFCCP will refer the matter to the proceeding is expedited) after receipt of cancel, terminate, suspend, or cause to Director of OLMS, who may take action the administrative law judge’s be canceled, terminated or suspended, under § 471.13. recommended decision, either party any contract or any portions thereof, for (d) For reasonable cause shown, the may file exceptions to the decision. failure to comply with its contractual Director of OLMS may reconsider, or Exceptions may be responded to by the provisions required by Section 7(a) of cause to be reconsidered, any matter on other parties within 25 days (7 days if the Executive Order and the regulations his or her own motion or in response to the proceeding is expedited) after in this part. Contracts may be canceled, a request. receipt. All exceptions and responses terminated, or suspended absolutely, or must be filed with the Administrative continuance of contracts may be § 471.13 Under what circumstances, and Review Board. conditioned upon compliance. how, will enforcement proceedings under (4) After the expiration of time for Executive Order 13496 be conducted? (2) Issue an order of debarment under filing exceptions, the Administrative Section 7(b) of the Executive Order (a) General. (1) Violations of the Review Board may issue a final providing that one or more contracting Executive Order or this part may result administrative order, or may otherwise agencies must refrain from entering into in administrative enforcement appropriately dispose of the matter. In further contracts, or extensions or other proceedings. The bases for a finding of an expedited proceeding, unless the modification of existing contracts, with a violation may include, but are not Administrative Review Board issues a any non-complying contractor. limited to: final administrative order within 30 (3) Issue an order of debarment under (i) The results of a compliance days after the expiration of time for Section 7(b) of the Executive Order evaluation; filing exceptions, the administrative law providing that no contracting agency (ii) The results of a complaint judge’s recommended decision will may enter into a contract with any non- investigation; become the final administrative order. If complying subcontractor.

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(e) Whenever the Director of OLMS evaluation of the contractor or of interfering with the filing of a exercises the authority in this section, subcontractor be conducted, and may complaint, furnishing information, or the contracting agency must report the require the contractor or subcontractor assisting or participating in any manner actions it has taken to the Director of to supply additional information in a compliance evaluation, complaint OLMS within such time as the Director regarding the request for reinstatement. investigation, hearing, or any other of OLMS will specify. If the Director of OLMS finds that the activity related to the administration or (f) Periodically, the Director of OLMS contractor or subcontractor has come enforcement of the Executive Order or will publish and distribute to all into compliance with the Executive this part. executive agencies a list of the names of Order and this part and has shown that contractors and subcontractors that it will carry out the Executive Order and § 471.23 What other provisions apply to have, in the judgment of the Director of this part, the contractor or subcontractor this part? OLMS, failed to comply with the may be reinstated. The Director of (a) The regulations in this part provisions of the Executive Order and OLMS shall issue a written decision on implement only the Executive Order, this part, or of related rules, regulations, the request. and do not modify or affect the and orders of the Secretary of Labor, and interpretation of any other Department as a result have been declared ineligible Subpart C—Ancillary Matters of Labor regulations or policy. for future contracts under the Executive § 471.20 What authority under this part or (b) Each contracting department and Order and the regulations in this part. Executive Order 13496 may the Secretary agency must cooperate with the Director delegate, and under what circumstances? of OLMS and the Director of the OFCCP, § 471.15 Under what circumstances must a Section 11 of the Executive Order and must provide any information and contractor be provided the opportunity for assistance that they may require, in the a hearing? grants the Secretary the right to delegate performance of their functions under Before the Director of OLMS takes any functions or duties under the Order to any officer in the Department of the Executive Order and the regulations either of the following actions, a in this part. contractor or subcontractor must be Labor or to any other officer in the executive branch of the Government, (c)(1) This subpart does not impair or given the opportunity for a hearing: otherwise affect: (a) Issues an order for cancellation, with the consent of the head of the (i) Authority granted by law to a termination, or suspension of any department or agency in which that department, agency, or the head thereof; contract or debarment of any contractor officer serves. or from further Government contracts § 471.21 Who will make rulings and under Sections 7(a) or (b) of the (ii) Functions of the Director of the interpretations under Executive Order Office of Management and Budget Executive Order and § 471.14(d)(1) or 13496 and this part? (2) of this part; or relating to budgetary, administrative, or The Director of OLMS and the legislative proposals. (b) Includes the contractor on a Director of OFCCP will make rulings (2) This subpart must be implemented published list of non-complying under or interpretations of the Executive consistent with applicable law and contractors under Section 7(c) of the Order or the regulations contained in subject to the availability of Executive Order and § 471.14(f) of this this part in accordance with their appropriations. part. respective responsibilities under the regulations. Requests for a ruling or (d) Neither the Executive Order nor § 471.16 Under what circumstances may a this part creates any right or benefit, contractor be reinstated? interpretation must be submitted to the Director of OLMS, who will consult substantive or procedural, enforceable at Any contractor or subcontractor with the Director of OFCCP to the extent law or in equity by any party against the debarred from or declared ineligible for necessary and appropriate to issue such United States, its departments, agencies, further contracts under the Executive ruling or interpretation. or entities, its officers, employees, or Order and this part may request agents, or any other person. reinstatement in a letter to the Director § 471.22 What actions may the Director of Signed in Washington, DC, May 7, 2010. of OLMS. In connection with a request OLMS take in the case of intimidation and John Lund, for reinstatement, debarred contractors interference? and subcontractors shall be required to The Director of OLMS may impose Director, Office of Labor-Management Standards. show that they have established and the sanctions and penalties contained in will carry out policies and practices in § 471.14 of this part against any Patricia A. Shiu, compliance with the Executive Order contractor or subcontractor who does Director, Office of Federal Contract and implementing regulations. Before not take all necessary steps to ensure Compliance Programs. reaching a decision, the Director of that no person intimidates, threatens, or [FR Doc. 2010–11639 Filed 5–19–10; 8:45 am] OLMS may request that a compliance coerces any individual for the purpose BILLING CODE 4510–CP–P

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Part IV

Department of Labor Wage and Hour Division

29 CFR Parts 570 and 579 Child Labor Regulations, Orders and Statements of Interpretation; Final Rule

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DEPARTMENT OF LABOR and Hour Division’s Web site for a The regulations concerning nationwide listing of Wage and Hour nonagricultural hazardous occupations Wage and Hour Division District and Area Offices at: http:// are contained in subpart E of 29 CFR www.dol.gov/whd/america2.htm. part 570 (29 CFR 570.50–.68). These 29 CFR Parts 570 and 579 SUPPLEMENTARY INFORMATION: The Hazardous Occupations Orders (HOs) RIN 1215–AB57 revisions in this Final Rule continue the apply on either an industry basis, specifying the occupations in a RIN 1235–AA01 Department of Labor’s tradition of fostering permissible and appropriate particular industry that are prohibited, Child Labor Regulations, Orders and job opportunities for working youth that or an occupational basis, irrespective of Statements of Interpretation are healthy, safe, and not detrimental to the industry in which the work is their education. performed. The seventeen HOs were AGENCY: Wage and Hour Division, The Regulatory Information Number adopted individually during the period Labor. (RIN) identified for this rulemaking of 1939 through 1963. Some of the HOs, ACTION: Final Rule. changed with the publication of the specifically HOs 5, 8, 10, 12, 14, 16, and 2010 Spring Regulatory Agenda due to 17, contain limited exemptions that SUMMARY: This Final Rule revises the an organizational restructuring. The old permit the employment of 16- and 17- child labor regulations to incorporate RIN was assigned to the Employment year-old apprentices and student- statutory amendments to the Fair Labor Standards Administration, which no learners under particular conditions to Standards Act and to update and clarify longer exists. A new RIN has been perform work otherwise prohibited to the regulations that establish protections assigned to the Wage and Hour Division. that age group. The terms and for youth employed in nonagricultural conditions for employing such occupations. These revisions also I. Background apprentices and student-learners are implement specific recommendations The child labor provisions of the Fair detailed in § 570.50(b) and (c). made by the National Institute for Labor Standards Act (FLSA) establish a Because of changes in the workplace, Occupational Safety and Health in its minimum age of 16 years for the introduction of new processes and 2002 report to the Department of Labor. employment in nonagricultural technologies, the emergence of new The Department of Labor is revising the occupations, but the Secretary of Labor types of businesses where young regulations to incorporate the 2008 is authorized to provide by regulation workers may find employment amendment to section 16(e) of the Fair for 14- and 15-year-olds to work in opportunities, the existence of differing Labor Standards Act that substantially suitable occupations other than federal and state standards, and increased the maximum permissible manufacturing or mining, and during divergent views on how best to balance civil money penalty an employer may periods and under conditions that will scholastic requirements and work be assessed for child labor violations not interfere with their schooling or experiences, the Department has long that cause the death or serious injury of health and well-being. The child labor been reviewing the criteria for a young worker. provisions of the FLSA permit 16- and permissible child labor employment. A DATES: Effective Dates: This rule is 17-year-olds to work in the detailed discussion of the Department’s effective July 19, 2010. The nonagricultural sector without hours or review was included in the Notice of incorporation by reference of American time limitations, except in certain Proposed Rulemaking published in the National Standards Institute standards occupations found and declared by the Federal Register on April 17, 2007 (see in the regulations is approved by the Secretary to be particularly hazardous or 72 FR 19339). Director of the Federal Register as of detrimental to the health or well-being Congress twice amended the child July 19, 2010. of such workers. labor provisions of the FLSA in the FOR FURTHER INFORMATION CONTACT: The regulations for 14- and 15-year- 1990s. The Compactors and Balers Arthur M. Kerschner, Jr., Division of olds are known as Child Labor Safety Standards Modernization Act, Enforcement Policy, Branch of Child Regulation No. 3 (Reg. 3) and are Public Law 104–174 (Compactor and Labor and Special Employment contained in subpart C of part 570 (29 Baler Act), was signed into law on Enforcement, Wage and Hour Division, CFR 570.31–.37). Reg. 3 limits the hours August 6, 1996. This legislation added U.S. Department of Labor, Room S– and times of day that such minors may section 13(c)(5) to the FLSA, permitting 3510, 200 Constitution Avenue, NW., work and identifies occupations that are minors 16 and 17 years of age to load, Washington, DC 20210; telephone: (202) either permitted or prohibited for such but not operate or unload, certain scrap 693–0072 (this is not a toll free number). minors. Under Reg. 3, 14- and 15-year- paper balers and paper box compactors Copies of this Final Rule may be olds may work in certain occupations in when certain requirements are met. The obtained in alternative formats (Large retail, food service, and gasoline service Drive for Teen Employment Act, Public Print, Braille, Audio Tape, or Disc), establishments, but are not permitted to Law 105–334, was signed into law on upon request, by calling (202) 693–0023. work in certain other occupations October 31, 1998. This legislation added TTY/TDD callers may dial toll-free (877) (including all occupations found by the section 13(c)(6) to the FLSA which 889–5627 to obtain information or Secretary to be particularly hazardous prohibits minors under 17 years of age request materials in alternative formats. for 16- and 17-year-olds). Reg. 3, from driving automobiles and trucks on Questions of interpretation and/or originally promulgated in 1939, was public roadways on the job and enforcement of regulations issued by revised to reflect the 1961 amendments establishes the conditions and criteria this agency or referenced in this Final to the FLSA, which extended the Act’s for 17-year-olds to drive automobiles Rule may be directed to the nearest coverage to include enterprises engaged and trucks on public roadways on the Wage and Hour Division District Office. in commerce or the production of goods job. Locate the nearest office by calling the for commerce and thereby brought more The Department published a Notice of Wage and Hour Division’s toll-free help working youth employed in retail, food Proposed Rulemaking (NPRM) in the line at (866) 4US–WAGE ((866) 487– service, and gasoline service Federal Register on November 30, 1999 9243) between 8 a.m. and 5 p.m. in your establishments within the protections of (64 FR 67130), inviting comments on local time zone, or log onto the Wage the Act. revisions of regulations to implement

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the 1996 and 1998 amendments and to including more dangerous operations/ The Department proposed revisions of update certain regulatory standards. industries in the injury, illness, or the child labor regulations to implement In 1998, the Department provided fatality estimates. the 2004 legislation, address 25 of the funds to the National Institute for In addition, as NIOSH was tasked remaining 29 NIOSH Report Occupational Safety and Health with examining issues within the recommendations dealing with existing (NIOSH) to conduct a comprehensive framework of the current HOs only, the nonagricultural hazardous occupations review of scientific literature and Report did not consider the extent to orders, and revise and/or clarify the available data in order to assess current which fatalities occur despite existing permitted and prohibited occupations workplace hazards and the adequacy of HOs, Occupational Safety and Health and industries and conditions and the current child labor HOs to address Administration (OSHA) standards, or periods of employment established for them. This study was commissioned to state laws prohibiting the activity. If 14- and 15-year-olds by Reg. 3, in an provide the Secretary with another tool fatalities result from recognized illegal NPRM published in the Federal to use in her ongoing review of the child activities, such as working with Register on April 17, 2007 (72 FR labor provisions, and of the hazardous fireworks or a power-driven circular 19337). The NPRM also proposed to occupations orders in particular. The saw, the best strategy for preventing incorporate into the regulations three report, entitled National Institute for future injuries may not be to revise the long-standing enforcement positions Occupational Safety and Health regulations but to increase compliance regarding the cleaning of power-driven (NIOSH) Recommendations to the U.S. with existing laws through public meat processing equipment, the Department of Labor for Changes to awareness initiatives, targeted operation of certain power-driven pizza- Hazardous Orders (hereinafter referred compliance assistance efforts, and dough rollers, and the definition of to as the NIOSH Report or the Report), stepped-up enforcement activities. The high-lift trucks. In addition, the was issued in July of 2002. The Report, Report also did not consider potential Department proposed to expand the HO which makes 35 recommendations approaches for decreasing workplace that prohibits youth from operating concerning the existing nonagricultural injuries and fatalities that provide an power-driven circular saws, band saws, HOs and recommends the creation of 17 alternative to a complete ban on and guillotine shears to also prohibit the new HOs, also incorporated the employment, such as safety training, operation of power-driven chain saws, comments NIOSH submitted in increased supervision, the use of wood chippers, and reciprocating saws. response to the 1999 NPRM. The Report effective personal protective equipment, Finally, the Department proposed to is available for review on the and strict adherence to recognized safe revise subpart G of the child labor Department’s YouthRules! Web site at working practices. regulations, entitled General Statements http://www.youthrules.dol.gov/ Though cognizant of the limitations of of Interpretation of the Child Labor resources.htm. Provisions of the Fair Labor Standards the Report, the Department places great The Department recognizes NIOSH’s Act of 1938, as Amended, to incorporate value on the information and analysis extensive research efforts in compiling all the changes adopted by the agency provided by NIOSH. Since receiving the and reviewing this data. However, it has since this subpart was last revised in Report, the Department has conducted a cautioned readers about reaching 1971. conclusions and expecting revisions to detailed review and has met with The Genetic Information the existing HOs based solely on the various stakeholders to evaluate and Nondiscrimination Act of 2008 (GINA) information in the Report. In the Report, prioritize each recommendation for (Pub. L. 110–233) was enacted into law NIOSH itself recognized the confines of possible regulatory action consistent on May 21, 2008, after the publication its methodology and included with the established national policy of of the 2007 NPRM. GINA, among other appropriate caveats about the balancing the benefits of employment things, amended FLSA section 16(e) to limitations of the available data and opportunities for youth with the provide that any person who violates gaps in research. Of those limitations, necessary and appropriate safety the provisions of sections 12 or 13(c) of the following are worth noting. The protections. The Department’s 2004 the FLSA, relating to child labor, or any NIOSH Report recommendations are Final Rule addressed six of the regulation issued pursuant to such driven by information on high-risk recommendations. sections, shall be subject to a civil activities for all workers, not just The Consolidated Appropriations Act, money penalty not to exceed $11,000 for patterns of fatalities and serious injuries 2004, Public Law 108–199, § 108, which each employee who was the subject of among young workers. There is little was signed into law on January 23, such a violation. In addition, GINA also occupational injury, illness, and fatality 2004, amended the FLSA by creating a permits the assessment of a civil money data available regarding minors less limited exemption from the child labor penalty up to $50,000 with regard to than 16 years of age. In addition, such provisions for minors 14 to 18 years of each violation that caused the death or data for youth 16 and 17 years of age age who are excused from compulsory serious injury of any employee under tend to be mixed with that of older school attendance beyond the eighth the age of 18 years. That penalty may be workers whose employment is not grade. The exemption, contained in doubled, up to $100,000, when such subject to the child labor provisions of section 13(c)(7) of the FLSA, allows violation is determined by the the FLSA. Also, available occupational eligible youth, under specific Department to be a repeated or willful injury, illness, fatality, and employment conditions, to be employed inside and violation. These changes in the law data on the specific operations in the outside of places of business that use became effective May 21, 2008. specific industries covered by the machinery to process wood products, As mentioned, the NIOSH Report NIOSH Report recommendations tend to but does not allow such youth to made 35 recommendations concerning be combined with data on other operate or assist in operating power- the existing nonagricultural HOs. The operations and/or industries. In some driven woodworking machines. This Department addressed six of those cases, this may result in a diminution of exemption overrides the FLSA’s recommendations in the 2004 Final the risk by including less risky formerly complete prohibition on the Rule published December 16, 2004 (see operations and industries in the employment of 14- and 15-year-olds in 69 FR 75382). The Department, in the employment estimates. In other cases, manufacturing occupations contained in April 17, 2007 NPRM, based on its the risk may be exaggerated by section 3(l). determination that there was sufficient

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data available, addressed 25 of the organizations that provide vocational as the largest grouping in the United remaining 29 NIOSH Report training to youth; and one private States of advocates for the protection of recommendations dealing with the citizen. The one private citizen the safety, health, and education of existing nonagricultural hazardous comment, which concerned the issue of working children. The CLC reported occupations orders. In an attempt to door-to-door sales, was incorrectly that its comments are also endorsed by acquire additional data needed to submitted to the ANPRM docket by the the following organizations: A Better address the remaining nonagricultural commenter and was assigned a World Foundation, A Minor NIOSH recommendations and to pursue Document ID of WHD–2007–0001–0004. Consideration, American Federation of certain other issues not explored in the One commenter, the International Teachers, American Federation of NIOSH Report, the Department also Association of Amusement Parks and School Administrators, Americans for published an Advance Notice of Attractions, included comments from Democratic Action, Association of Proposed Rulemaking (ANPRM) three of its member organizations along Farmworker Opportunity Programs, concurrently with the 2007 NPRM (see with its submission. Four of the Farmworker Justice, International 72 FR 19328). Because very little comments do not address any of the Initiative to End Child Labor, Migrant substantive information was received, issues raised by the April 17, 2007 Legal Action Program, National the Department withdrew the ANPRM NPRM and focus solely on topics raised Association of State Directors of Migrant on February 24, 2010. No proposed rule by the ANPRM that was published by Education, National Consumers League, will result directly from that the Department on that same day. One Ramsay Merriam Fund, and the United information collection effort, however, commenter, the National Children’s Food and Commercial Workers the topics discussed in the ANPRM may Center for Rural and Agricultural Health International Union. The CLC stated be the subject of a future rulemaking. and Safety, did not address any specific that its comments are in line with its The comments submitted in response to proposal but expressed concerns that stated mission and objectives, which the ANPRM may be reviewed at the the Department has not yet include creating a network for the Federal eRulemaking Portal at http:// implemented the NIOSH Report exchange of information about child www.regulations.gov, docket recommendations for agricultural HOs. labor, providing a forum and a unified identification number WHD–2007–0001. In regards to the nonagricultural youth voice on protecting working minors and The NIOSH Report also made 14 provisions, it stated that ‘‘it does not ending child labor exploitation, and recommendations that impact the appear that protection of youth workers developing informational and current agricultural HOs and is at the heart of some of the proposed educational outreach to the public and recommended the creation of 17 new changes, but rather the needs of private sectors to combat child labor HOs. The Department, in the ANPRM industry and special interest groups.’’ abuses and to promote progressive published on April 17, 2007, requested Many of the comments concerned a initiatives and legislation. The public comment on the feasibility of one single issue or a cluster of issues American Federation of Labor and of those recommendations regarding the impacting a single industry, but two Congress of Industrial Organizations creation of a new HO that would comments were quite extensive and (AFL–CIO), while submitting its own prohibit the employment of youth in addressed almost every proposal raised comments, also endorsed those construction occupations. by the NPRM. These comprehensive submitted by the CLC. The Department is continuing to comments were submitted by the Young review all of the remaining NIOSH Workers Health and Safety Network III. Regulatory Revisions Report recommendations, but excluded (YWN) and the Child Labor Coalition Many of the revisions being made by them from immediate consideration in (CLC). The Department appreciates the this Final Rule will result in the order to keep the size and scope of the time and effort all of these commenters redesignation of several sections and 2007 ANPRM and NPRM manageable. devoted to their submissions. subsections of the regulations. In order Their absence from this current round of The YWN is a subcommittee of the to prevent confusion when providing rulemaking is not an indication that the Occupational Health and Safety Section citations in this discussion, the Department believes them to be of less of the American Public Health Department will provide, when importance or that they are not being Association. It described itself as an appropriate, both the current citation given the same level of consideration as informal network of public health (the citation prior to the effective date the recommendations addressing the professionals, advocates, and of this Final Rule) and the new citation current nonagricultural HOs. In that government agency staff that includes (the citation that will apply on and after regard, the Department is nearing individuals from academia, public the effective date of this Final Rule). For completion of its thorough review of the health, labor law enforcement, health example, the section of Reg. 3 that NIOSH recommendations that address and safety consultation and/or prohibits 14- and 15-year-olds from the agricultural hazardous occupations enforcement, labor organizations, and employment in occupations in orders. educators. The YWN reported that, in connection with warehousing and formulating its comments, it tried to use storage would be cited as II. Summary of Comments the following principles: The § 570.33(f)(2)(old) or A total of 28 comments were received regulations should protect youth from § 570.33(n)(2)(new). and are available for review at the significant hazards; where possible, the Federal eRulemaking Portal at http:// regulations should be kept clear and A. Occupations That Are Prohibited for www.regulations.gov. The Docket ID for consistent, limiting the number of the Employment of Minors Between the the NPRM that generated these exceptions or exemptions, thus fostering Ages of 14 and 16 Years of Age (29 CFR comments is WHD–2007–0002. better compliance and more effective 570.31–.34) Comments were received from trade and enforcement; and, the regulations Section 3(l) of the FLSA defines professional associations; advocacy and should allow youth to do a broad variety oppressive child labor to expressly occupational health and safety of different types of potentially prohibit children under the age of 16 organizations; employers; federal, state, rewarding work. from performing any work other than and local government agencies; The CLC, which has more than 30 that which the Secretary of Labor representatives of schools and member organizations, described itself permits, by order or regulation, upon

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finding that it does not interfere with Reg. 3. Because these jobs are not extremely positive results. There are their schooling or health and well-being specifically permitted by § 570.33 (old), indications, as reported by state and (see 29 U.S.C. 203(l), see also 29 CFR they are prohibited. There has been local governments and reflected in WHD 570.117–.119). Before 14- and 15-year- some confusion about this over the enforcement findings, that when such olds may legally perform work covered years. Some employers believe that 14- youth are employed under the by the FLSA, the Act requires that the and 15-year-olds are permitted to be guidelines established by the work itself be exempt, or that the employed in any industry or enforcement position, that employment Secretary determines that the work to be occupations not expressly prohibited by does not interfere with their schooling performed does not constitute Reg. 3, or that any employer in any or with their health and well-being, and oppressive child labor. The Secretary’s industry is permitted to employ such thus is in accordance with the directive declarations of what work is not deemed youth in the occupations permitted by of the FLSA. oppressive for children between the § 570.34(a) (old). However, when those Based upon the success of the above ages of 14 and 16 appear in Reg. 3 (29 jobs are not located in retail, food enforcement position, the Department, CFR 570.31–.37). service, or gasoline service in the April 17, 2007 NPRM, proposed Reg. 3 identifies a number of establishments, the provisions of to revise and reorganize §§ 570.33 and occupations and activities that are § 570.34 (old) (both authorizations and 570.34 to clarify and to expand the list specifically prohibited for these minors prohibitions) do not apply to the of jobs that are either permitted or without regard to the industry or the employment of 14- and 15-year-olds. prohibited for minors who are 14 and 15 type of business in which their The exception to this rule is where there years of age. The Department also employer is engaged (e.g., operating or is some discrete operation or division proposed to remove the language that tending any power-driven machinery that could legitimately be characterized limited the application of § 570.34 to other than office machines, see as such an establishment and therefore only retail, food service, and gasoline § 570.33(b) (old) and § 570.33(e) (new)). would be subject to these rules (e.g., service establishments. As proposed, the Reg. 3 also incorporates by reference all minors employed in a food service revised § 570.33 detailed certain specific of the prohibitions contained in the operation at a city park or a publicly occupations prohibited for 14- and 15- Hazardous Occupations Orders (29 CFR owned sports stadium). The existing year-olds. This revision also necessitates 570.50–.68), which identify occupations Reg. 3 prohibits employers such as state a change to § 570.35a(c)(3) (old) because that are ‘‘particularly hazardous’’ and, and local governments, banks, insurance it references §§ 570.33 and 570.34 as therefore, prohibited for 16- and 17- companies, advertising agencies, and they pertain to Work Experience and year-olds (e.g., occupations involved in information technology firms from Career Exploration Programs (WECEPs). the operation of power-driven metal employing 14- and 15-year-old workers The Department proposed to retain all forming, punching, and shearing in any jobs other than those that occur the current prohibitions contained in machines, see § 570.33(e) (old) and in those discrete operations or divisions § 570.33 but would modify the § 570.33(b) (new)). that could be characterized as retail, prohibition regarding the employment As previously mentioned, Reg. 3 was food service, or gasoline service of 14- and 15-year-olds in revised to reflect the 1961 amendments establishments. manufacturing occupations to comport to the FLSA which extended the Act’s In 2004, in recognition of the with the provisions of the Consolidated coverage to include enterprises engaged importance of youth employment Appropriations Act, 2004, which in commerce or the production of goods programs operated by public sector enacted section 13(c)(7) of the FLSA. for commerce and thereby brought more employers that provide safe and The NPRM proposed to continue to working youth employed in retail, food meaningful developmental allow the employment of 14- and 15- service, and gasoline service opportunities for young people, and in year-olds in all those retail, food service, establishments within the protections of response to specific requests received and gasoline service establishment the Act. The current § 570.34(a) from two municipalities, the occupations in which they are currently expressly authorizes the performance of Department adopted an enforcement permitted to be employed. certain activities by 14- and 15-year-olds position that permits state and local The Department also proposed to in retail, food service, and gasoline governments to employ 14- and 15-year- apply to FLSA-covered nonagricultural service establishments, while old minors under certain conditions. employers of minors, with certain § 570.34(b) details those activities that Consistent with its enforcement modifications, all the permitted 14- and 15-year-olds are expressly position, the Department exercised its occupations contained in § 570.34(a) prohibited from performing in such prosecutorial discretion, as authorized (old) and all the prohibited occupations establishments. For example, clerical by 29 U.S.C. 216(e), and declined to cite contained in § 570.34(b) (old) that work, cashiering, and clean-up work are Reg. 3 occupations violations for the currently apply only to retail, food authorized, whereas ‘‘all work requiring employment of 14- and 15-year-olds by service, and gasoline service the use of ladders, scaffolds, or their state and local governments as long as establishments. This proposal would be substitutes’’ is prohibited. These special that employment fell within the accomplished by revising § 570.34 to rules currently apply only in the occupations authorized by Reg. 3 identify permitted occupations. The designated types of business. (§ 570.34(a) (old)) and did not involve Department also proposed to continue Since 1961, new, positive, and safe any of the tasks or occupations to permit youth 14- and 15-years of age employment opportunities have opened prohibited by Reg. 3 (§§ 570.33 and to perform those occupations involving up for youth in industries other than 570.34(b) (old)). The Department processing, operating of machines, and retail, food service, and gasoline service enforced all the other provisions of Reg. working in rooms where processing and that the existing Reg. 3 does not 3, including the restrictions on hours of manufacturing take place, that are specifically address. Jobs in such areas work, with respect to the employment of currently permitted under § 570.34(a) as state and local governments, banks, such minors. (old), as referenced in § 570.34(b)(1) insurance companies, advertising The Department’s administration of (old). agencies, and information technology this enforcement position permitting the As mentioned, certain modifications firms all normally fall outside of the employment of 14- and 15-year-olds by to the existing lists of permissible and permitted establishments declared in state and local governments has had prohibited occupations were also

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proposed. The traditionally prohibited in the administration of the child labor prohibited from using espresso makers occupations and industries would, after provisions of the FLSA. because, as the YWN reported, these adoption of the proposal, be contained The modifications to the list of machines involve a potential for serious in a revised § 570.33, and all the prohibited occupations are as follows: burns. They create steam at a ‘‘ permitted occupations and industries 1. Prohibited Machinery (§§ 570.33–.34) temperature that clearly exceeds the would be contained in a revised temperature limits established for § 570.34. The Department is aware that, Section 570.33(b) (old) prohibits prohibiting use of other equipment such youth 14 and 15 years of age from given the FLSA’s mandate that before as anything related to hot oil that employment in occupations involving 14- or 15-year-olds may legally be exceeds a temperature of 100 degrees F.’’ the operation or tending of any power- employed to perform any covered work, A representative of the Billings, driven machinery other than office Montana Job Service also questioned the Secretary of Labor must first equipment. The Department has always determine that the work to be performed how the Department’s proposal interpreted the term power-driven addresses the employment of youth who does not constitute oppressive child machinery very broadly to include labor, it could choose to publish only a operate espresso machines. machines driven by electrical, The AFL–CIO and the CLC list of permissible occupations and mechanical, water, or other power such recommended that all-terrain vehicles industries, and not provide a list of as steam or hydraulic. The term also (ATVs) be added to the list of prohibited certain commonly arising prohibited includes battery-operated machines and machinery because, as the CLC reported occupations and industries. However, tools, but does not apply to machines or ‘‘The serious hazards of operating ATVs the Department believes that by tools driven exclusively by human hand have been extensively documented.’’ continuing the long-standing Reg. 3 or foot power. Neither commenter provided any data tradition of publishing lists of those Even though this prohibition is clear or insight regarding how extensively occupations and industries in which and quite broad, other sections of Reg. ATVs are used by youth in such youth may be employed as well as 3 have traditionally named certain nonagricultural employment or whether detailed examples of those industries pieces of power-driven machinery so as the documented hazards resulted in and occupations in which the to eliminate any doubt or confusion as occupational injuries. The CLC also employment of such youth is to their prohibited status. For example, recommended that the proposed prohibited, it can greatly enhance the § 570.34(a)(6) (old) prohibits the § 570.33 include an introductory public’s understanding of these employment of 14- and 15-year-olds in statement reinforcing the principle important provisions. The list of the operation of power-driven mowers detailed in § 570.32 (new) that all work prohibited industries and occupations or cutters and § 570.34(b)(6) (old) that is not specifically permitted is helps to define and to provide clarity to prohibits the employment of such prohibited. the list of permitted industries and minors in occupations that involve The YWN also recommended that the occupations. However, the list of operating, setting up, adjusting, Department specifically list ‘‘bladed prohibited occupations is not intended cleaning, oiling, or repairing power- blenders used to chop food items such to identify every prohibited occupation, driven food slicers, grinders, choppers, as cookies or candy with ice cream to but rather only to provide examples of and cutters, and bakery-type mixers. make ice cream desserts’’ as a prohibited those prohibited occupations that have The Department proposed to combine machine in the revised § 570.33(e) as historically been the most common §§ 570.33(b), 570.34(a)(6), and that subsection already prohibits the sources of violations or concern. As 570.34(b)(6)—all of which address operating or tending of food grinders, previously explained, any job not power-driven machinery—into a single food choppers, and cutters (see specifically permitted is prohibited. paragraph located at § 570.33(e) and § 570.34(b)(6) (old)). expand the list of examples of The National Council of Chain The Department also understands prohibited equipment to include power- Restaurants (the Council), which that, given the constant development driven trimmers, weed-eaters, edgers, described itself as a national trade and changes occurring in the modern golf carts, food processors, and food industry group representing the workplace, in continuing to provide a mixers. Even though Reg. 3 for many interests of the nation’s largest multi- definitive list of permitted occupations years has prohibited the employment of unit, multi-state chain restaurant and industries, it may unintentionally 14- and 15-year-olds to operate any companies, requested that the proposed discourage the creation of positive and power-driven equipment other than § 570.33(e) include additional language safe employment opportunities for office machines, the Department which would emphasize that 14- and young workers. But the Department routinely receives inquiries as to the 15-year-olds would continue to be believes that, by continuing its past status of these individual pieces of permitted to operate all those pieces of practice of carefully reviewing inquiries equipment under Reg. 3. The kitchen equipment listed in regarding individual occupations or Department believes that by continuing § 570.34(a)(7) (old) once the Final Rule industries not currently addressed by to reference certain common prohibited becomes effective. Reg. 3 and then exercising its machinery by name, both clarity and The Council commented that it prosecutorial discretion and issuing compliance will be increased. believes table top food processors and enforcement positions that may The Department received six food mixers pose little risk of harm to eventually lead to rulemaking—as comments on this proposal. The YWN, the safety and well-being of 14- and 15- evidenced by certain revisions CLC, and AFL–CIO supported the year-olds and questions why the contained in this Final Rule—it has proposal to consolidate those Department continues to prohibit such developed an efficient and effective subsections of Reg. 3 dealing with youth from operating them (see mechanism which overcomes the power-driven machinery into a single, § 570.34(b)(6) (old) and § 570.33(e) limitations of a definitive list. The new subsection located at § 570.33(e) (new)). The Council submitted no data Department firmly believes that the and to expand the list of prohibited to substantiate this comment. limited and public exercise of its machinery, with certain caveats. The The Director of the Labor Standards prosecutorial discretion is an efficient YWN and the AFL–CIO recommended and Safety Division of the Alaska State and legal tool available to the Secretary that 14- and 15-year-olds also be Department of Labor and Workforce

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Development (DOLWD) also supported Although there may have been some The Department has also included the consolidation and listing of confusion among employers, the certain countertop blenders used to prohibited equipment with some Department has long interpreted the make beverages such as milk shakes, exceptions. The DOLWD recommended term toaster to mean that type of fresh fruit drinks, and smoothies within that 14- and 15-year-olds should be equipment that was generally found in the term milk shake blender as used in permitted to operate weed eaters that snack bars and lunch counters when Reg. 3. Such machines generally consist use monofilament line (but not weed Reg. 3 was issued and used to toast such of a base motor that supports a glass jar. eaters that use metal blades) provided items as slices of bread and English The blending blades are attached, often adequate eye and hearing protection are muffins. This includes such equipment permanently, to the bottom of the glass in place. That same office recommended as the two- or four-slice ‘‘pop-up’’ jar. Operators place the glass jar on top that such youth be permitted to operate toasters similar to those manufactured of the base, place the ingredients in the certain small, residential-sized washing for home use and the conveyor-type jar, affix the lid to the jar, press the machines and dryers when all safety bread toaster now often found at self- appropriate button or switch, and blend equipment is properly installed. service breakfast buffets. Broilers, the product. The permitted blenders are The Department has carefully automatic broiler systems, high speed identical to models used in private reviewed the comments and has ovens, and rapid toaster machines used homes, generally do not operate at more decided to adopt the proposal, as at both quick service and full-service than 600 watts, and have jar capacities presented, with one modification. The restaurants to toast such items as buns, that do not exceed 8 cups (64 ounces). Department will add ATVs to the list of bagels, sandwiches, and muffins—all of As with the blenders discussed above, prohibited equipment presented in the which operate at high temperatures, their operation by minors under the age ° revised § 570.33(e) (new) as often in excess of 500 F—are not of 18 is prohibited under HO 10 when recommended by the AFL–CIO and toasters under § 570.34(a)(7) (old) and used to process meat. CLC. As power-driven equipment, ATVs § 570.34(i) (new) and minors generally For these reasons, the Department were, and continue to be, included in must be at least 16 years of age to does not agree with the YWN’s the broad prohibitions of this operate them. understanding that the existing subsection. In addition, because ATVs There has also been some confusion regulation prohibits 14- and 15-year- are motor vehicles as defined by among employers as to what constitutes olds from operating blenders that create § 570.52(c) (old and new), 14- and 15- a milk shake blender under Reg. 3. The ice cream desserts as the Department Department has long interpreted this has previously opined that this year-olds would be prohibited from term to mean that type of equipment equipment is a type of ‘‘milk shake operating such equipment under that was generally found in snack bars blender’’ which has long been permitted § 570.33(c) (old) and § 570.33(f) (new). and lunch counters when Reg. 3 was by § 570.34(a)(7) (old) and will continue But because greater clarity and issued and used to prepare a ‘‘to-order’’ to be permitted by § 570.34(i) (new). protections can be realized, the milk shake for an individual customer. The Department also notes that Reg. 3 Department will add ATVs to the list of Such equipment required that the has for many years prohibited young named equipment. worker place the ice cream, milk, and workers from operating compact power With regard to cooking and the use of flavorings in a stainless steel mixing cup mixers or blenders, also know as kitchen equipment, the Department that generally has a maximum capacity ‘‘immersible wands’’ and ‘‘immersion notes that it implemented new rules of 20 ounces. The cup was then blenders,’’ used for such tasks as concerning the types of cooking that positioned on the machine so that the liquefying soups and sauces and may be performed by 14- and 15-year- single spindle—with an aeration disk or pureeing fruits, meats, and vegetables. olds in its Final Rule published in the disks mounted at the bottom—could Such equipment is often used in Federal Register on December 16, 2004 blend the milk shake. Some permitted kitchens and by dietary aides at (69 FR 75382). That Final Rule limited milk shake blenders had more than one hospitals and nursing homes. The use of permitted cooking duties to cooking (1) spindle so multiple products could be such equipment would also be with electric or gas grills which does not processed simultaneously. Most of these prohibited by HO 10 when the mixer or involve an open flame (see blenders were free standing counter-top wand is equipped with knives, blades, § 570.34(b)(5)(i) (old) and § 570.34(c) models while others were incorporated or cutting tools designed for use on meat (new)), and (2) cooking with deep fryers into other equipment such as milk and poultry. that are equipped with and utilize a dispensers. These are the types of milk The Department did not propose to device which automatically lowers the shake blenders that 14- and 15-year-olds prohibit, and the Final Rule does not baskets into the hot oil or grease and may operate under Reg. 3. prohibit, 14- and 15-year-olds from automatically raises the baskets from the Except as described below, other operating espresso machines as hot oil or grease (see § 570.34(b)(5)(ii) types of blenders, mixers, and recommend by the YWN, the AFL–CIO, (old) and § 570.34(c) (new)). The 2004 ‘‘blixers’’—used for a variety of food and the representative of the Billings, Final Rule, however, did not change the preparation operations including the Montana Job Service. Section types of equipment and devices that 14- blending of milk shakes—continue to be 570.34(a)(7) (old) specifically includes and 15-year-olds were permitted to, and prohibited to that age group. Such automatic coffee machines on the list of continue to be permitted to, operate in prohibited equipment often have equipment that 14- and 15-year-olds accordance with § 570.34(a)(7) (old) and containers or mixing chambers that may operate (see § 570.34(i) (new)). The § 570.34(i) (new). The list of permitted exceed a 20-ounce capacity—some can Department has previously opined that equipment includes, but is not limited accommodate up to 60 quarts. In espresso makers and cappuccino makers to, dishwashers, toasters, dumbwaiters, addition, some of this prohibited are types of automatic coffee machines popcorn poppers, milk shake blenders, equipment, when used to process meat and therefore 14- and 15-year-olds are coffee grinders, automatic coffee or mix batter—with or without the use permitted to operate them under the machines, devices used to maintain the of special ‘‘attachments’’—may not be provisions of Reg. 3. The Department temperature of prepared foods, and operated by employees under the age of notes that the YWN’s comment that the microwave ovens that do not have the 18 because of the prohibitions of HO 10 temperature reached by espresso makers capacity to warm above 140 °F. or HO 11, respectively. ‘‘exceeds the temperature limits

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established for prohibiting use of other prohibited under § 570.33(a) (old and a customer or assisting passengers with equipment such as anything related to new). the loading and unloading of their hot oil that exceeds a temperature of 100 Finally, the Department has luggage in conjunction with the degrees F’’ does not comport with either determined that the Final Rule provides operation of an airport shuttle van. This the previous or revised provisions of sufficient clarity that it is not necessary interpretation comports with the Reg. 3. The temperature of 100° F, when to adopt the CLC’s recommended provision of § 570.33(f)(1) (old), which presented in § 570.34(a)(7) (old) and revision to the opening sentence of prohibits the employment of 14- and 15- § 570.34(i) (new), does not apply to the § 570.33 to repeat the statement year-olds in occupations in connection operation of kitchen equipment or to contained in § 570.32 (‘‘Employment with the transportation of persons or such permitted activities as cooking that is not specifically permitted is property by highway. Performing work with certain grills or deep fryers. prohibited.’’). For the same reason, the in connection with the transportation of Instead, these subsections state that the Department has decided not to accept other persons or property does not have minors are permitted to ‘‘clean kitchen the Council’s recommendation that to be the primary reason for the trip for equipment (not otherwise prohibited), § 570.33(e) be revised to emphasize that this prohibition to apply. remove oil or grease, pour oil or grease youth will continue to be permitted to The Department proposed to include through filters, and move receptacles operate all kitchen equipment they were its long-standing interpretation that containing hot grease or hot oil, but only permitted to operate prior to the prohibits 14- and 15-year-olds riding when the equipment surfaces, adoption of this Final Rule, as the list outside of motor vehicles in Reg. 3 at containers, and liquids do not exceed a of permissible kitchen equipment is set § 570.33(f) (new). The Department also temperature of 100 °F.’’ forth in § 570.34(i)(new). proposed to revise Reg. 3 at § 570.34(o) (new) to permit 14- and 15-year-olds to The Department has decided not to 2. Loading of Personal Hand Tools Onto ride in the enclosed passenger adopt the Council’s recommendation to Motor Vehicles and Riding on Motor compartments of motor vehicles, except revise Reg. 3 to permit 14- and 15-year- Vehicles (§§ 570.33(f) and 570.34(b)(8)) olds to operate table top food processors when a significant reason for the minors Section 570.33(c) (old) prohibits the being passengers in the vehicle is for the and food mixers as no such proposal employment of 14- and 15-year-olds in was contemplated by the NPRM and no purpose of performing work in the operation of motor vehicles or connection with the transporting—or data has been received that service as helpers on such vehicles. The demonstrates that 14- and 15-year-olds assisting in the transporting—of other term motor vehicle is defined in persons or property. The proposal can safely operate such equipment. The § 570.52(c)(1). The Department has required that each minor must have his Department does, however, address the interpreted the Reg. 3 prohibition or her own seat in the passenger issue of older youth operating certain regarding service as helpers on a motor compartment, each seat must be counter-top mixers later in this Final vehicle to preclude youth under the age equipped with a seat belt or similar Rule with regard to HO 11. of 16 from riding anywhere outside the restraining device, and the employer The Department does not accept the passenger compartment of the motor must instruct the minors that such belts DOLWD’s recommendation that Reg. 3 vehicle. Such youth may not ride in the or other devices must be used. These be revised to permit 14- and 15-year- bed of a pick-up truck, on the running provisions mirror the requirements of olds to operate certain weed-eaters board of a van, or on the bumper of a the Drive for Teen Employment Act as because of the potential for injury refuse truck. This interpretation dates contained in HO 2. associated with the operation of such back to at least the 1940 enactment of In addition, the Department’s equipment. In fact, as discussed earlier, HO 2, which prohibits 16- and 17-year- interpretation of prohibited helper weed-eaters are among the equipment olds from serving as outside helpers on services under § 570.33(c) (old), since at the Department is adding as an example motor vehicles. least the mid-1950s, has included the of power-driven machinery such youth The Department does not interpret the loading and unloading of materials from are prohibited from operating (see helper prohibition as applying to 14- motor vehicles when the purpose of the § 570.33(e) (new)). The Department and 15-year-olds who simply ride inside operation of the vehicle is the continues to be concerned about issues a motor vehicle as passengers and, thus, transportation of such materials. Section involving injuries to workers resulting Reg. 3 permits a 14- or 15-year-old, 570.33(f)(1) (old) furthers this from flying objects, burns, fuel safety, under certain circumstances, to ride prohibition by banning the employment and improper ergonomics. In its inside the enclosed passenger of minors in occupations in connection Document #5108, Weed Trimmers Can compartment of a motor vehicle with the transportation of property by Throw Objects and Injure Eyes, the U.S. operated by a driver whose employment highway. Section 570.34(b)(8) (old) Consumer Product Safety Commission complies with the conditions specified prohibits the employment of such youth estimated that, in 1989, there were in HO 2. For example, a minor may ride by retail, food service, and gasoline approximately 4,600 injuries associated in a motor vehicle to reach another work service establishments to load or unload with power lawn trimmers or edgers site where he or she will perform work, goods to and from trucks, railroad cars, that required emergency room to receive special training or or conveyors. These prohibitions are treatment. It reported that about one- instructions while riding, or to meet designed to protect young workers from third of those injuries were to the eye. other employees or customers of the the hazards associated with loading Nor does the Department accept employer. While a 14- or 15-year old docks, motor vehicles, and receiving DOLWD’s recommendation to allow 14- may be a passive passenger in a vehicle, departments; strains from lifting and and 15-year-olds to operate certain that same minor is not permitted to ride moving heavy items; and falls and residential-style clothes washers and in a motor vehicle when a significant falling items. Accordingly, 14- and 15- dryers. Not only is the operation of such reason for the minor being a passenger year-olds generally have been power-driven machinery prohibited by is for the purpose of performing work in prohibited from loading and unloading § 570.33(b) (old) and § 570.33(e) (new), connection with the transporting—or any property (not just ‘‘goods’’) onto and the laundering of clothes and other assisting in the transporting—of other from motor vehicles, including the light materials generally constitutes a persons or property. Such work would personal hand tools they use in ‘‘processing occupation’’ which is include, for example, delivering items to performing their duties.

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In 2000, the Department was load or unload such jobsite-related employment complies with HO 2 under requested by a municipality (the City) to equipment as barriers, cones, or signage. specified conditions (see 72 FR 19343). review certain aspects of the The Department received four The Department believes this long- prohibitions against employing 14- and comments addressing the proposal standing important safety-affecting 15-year-olds to load onto and unload regarding riding on motor vehicles. The interpretation requiring compliance items from motor vehicles. The City AFL–CIO and the DOLWD supported with HO 2 should be included in the advised the Department that, even with this proposal as written. The YWN regulatory language. In addition, the the adoption of the enforcement supported the proposal with additional Department believes that the drivers of position that permits state and local requirements. The YWN recommended the vehicles transporting the young governments to employ minors under that the proposed requirements that workers should, as recommended by the certain conditions, it was being forced each seat occupied by a minor be YWN, hold valid state drivers’ licenses. to abandon a youth-employment equipped with a seat belt or similar Accordingly, the Department has added program that provided 14- and 15-year- restraining device and that the employer the following sentence at the end of instruct the minors that such belts or olds with certain jobs because of the § 570.34(o): In addition, each driver other device must be used so that the prohibition against loading materials transporting the young workers must employer is required to ensure that the hold a State driver’s license valid for the into vehicles. The City specifically seat belt or other device is actually used. type of driving involved and, if the requested permission to allow such In addition, the YWN would require driver is under the age of 18, his or her minors to load and unload, onto and that the driver of the vehicle employment must comply with the from motor vehicles, the light, non- transporting the minors have a valid provisions of § 570.52. power-driven tools each youth would driver’s license. The CLC objected to the While the Department appreciates the personally use as part of his or her Department’s proposal, stating that it remaining safety-affecting employment. The Department carefully did not have sufficient information on recommendations made by the YWN, considered this request and, again using the underlying rationale for the CLC, and DOLWD, it believes the its prosecutorial discretion, decided that proposed change to adequately provisions of the original proposal, it would not assert a violation of the comment on it. The CLC did, however, when coupled with other existing state child labor provisions when 14- and 15- recommend that the seat restraining and federal provisions dealing with the year-old employees of state and local devices should ‘‘be required to be safe operation of motor vehicles, will governments loaded and unloaded the manufacturer-issued and not provide ample protections to young light non-power-driven hand tools— homemade, and the employer should be workers. In addition, when drafting the such as rakes, hand-held clippers, and required to ‘ensure,’ and not just proposal regarding youth riding as spades—that they personally use as part ‘instruct’ that the restraining devices be passive passengers in motor vehicles, of their employment. The City was used by the children.’’ the Department looked for guidance for advised that this enforcement policy did The Department received four establishing the criteria regarding the not extend to other prohibited comments concerning the loading of use of seat belts or other safety transportation-related work such as the personal hand tools onto motor vehicles restraining devices. The most recent loading or unloading of materials other at § 570.34(k) (new). The AFL–CIO guidance came from Congress with the than the light hand tools the minors supported the proposal as written. The enactment of The Drive for Teen may use on-the-job, such as trash or CLC again stated that it did not have Employment Act, Public Law 105–334, garbage, or power-driven equipment enough information to adequately in 1998. This legislation added section such as lawn mowers, edgers, and weed comment on the proposal. The YWN 13(c)(6) to the FLSA, which permits 17- trimmers—the use of which by this age agreed with this proposal with the year-olds to perform certain limited on- group is prohibited under Reg. 3. added requirements that ‘‘[w]ritten the-job driving under very specific permission from parent or legal conditions. One such condition is that The Department proposed to revise guardian is required to permit employer the vehicle be equipped with a seat belt Reg. 3 at new §§ 570.33(f) and (k) and to transport 14- and 15-year-olds and a for the driver and any passengers and 570.34(k) to incorporate the copy of written permission must be that the young driver’s employer has enforcement position that allows 14- maintained by employer’’ and ‘‘[a] minor instructed the youth that the seat belts and 15-year-olds to be employed to load cannot be abandoned at worksite must be used when driving the vehicle. onto and unload from motor vehicles without adult supervision.’’ The The Department believes by adopting in the light non-power-driven personal DOLWD supported the proposal Reg. 3 the identical language contained hand tools they use as part of their provided adequate safety provisions in HO 2 (see § 570.52(b)), it not only employment and to make it available to were in place. The DOLWD stated that provides a high degree of protection to all covered employers, not just state and ‘‘[t]hese provisions would include that young workers but also avoids potential local governments. Such light non- the vehicle shall not be running and confusion. power-driven hand tools would include, must be properly secured with the but are not limited to, rakes, hand-held wheels blocked during any loading and 3. Work in Meat Coolers and Freezers clippers, shovels, and brooms, but unloading operations.’’ (§ 570.34(b)(7)) would not include items like lawn After carefully considering all the Section 570.34(b)(7) (old) prohibits mowers or other power-driven lawn comments, the Department has decided 14- and 15-year-olds from working in maintenance equipment. In addition, to adopt the proposal as originally freezers and meat coolers. Since this such minors would be permitted to load written, with one modification and section’s inception, the Department has onto and unload from motor vehicles minor editorial changes. The interpreted it to mean that such youth any personal protective equipment they Department noted in its 2007 NPRM are prohibited from working as dairy themselves will use at the work site and that it did not interpret the Reg. 3 helper stock clerks, meat clerks, deli clerks, any personal items such as backpacks, prohibitions as applying to 14- and 15- produce clerks, or frozen-food stock lunch boxes, and coats their employers year-olds who ride inside the enclosed clerks where their duties would require allow them to take to the work site. passenger compartment of a motor them to enter and remain in the freezer Such minors would not be permitted to vehicle when driven by a driver whose or meat cooler for prolonged periods.

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Inventory and cleanup work, involving workers, not just those under the age of transported by crew leaders in vans, prolonged stays in freezers or meat 16. The Department believes that all which fail to meet proper safety and coolers, are also prohibited. On the these additional safety requirements, insurance requirements, to areas quite other hand, the Department has adopted when coupled with the provisions of the distant from their home neighborhoods. an enforcement position since at least revised § 570.33(i), adequately protect They are often required to work many 1981 that counter workers in quick young workers who momentarily enter hours on school nights and late into the service establishments or cashiers in freezers. WHD and OSHA, as evening. These minors are frequently grocery stores whose duties require recommended by the CLC, will continue placed by employers, without adult them to occasionally enter freezers only their partnership to leverage the supervision, at subway entrances, momentarily to retrieve items are not education and outreach efforts and outside large office buildings, at high- considered to be working in the freezers. enforcement actions of each agency. traffic street corners, and on median In order to provide clarification, the Finally, the YWN’s recommendation strips at busy intersections where they Department proposed to incorporate this that the proposal be expanded to can attract potential customers. Reports long-standing interpretation into the include specific items being stored in of children being abandoned, suffering regulations at § 570.33(i) (new). the freezer or cooler, such as seafood injuries from violence and motor The Department received four and poultry, is unnecessary because, as vehicle crashes, and being exposed to comments on this proposal. The Council discussed above, § 570.33 is a non- the elements have been substantiated. supported the proposal as written. The exhaustive list that only sets forth Youth have been injured and have died YWN not only disagreed with the common examples of prohibited as a result of these activities. proposal but suggested that the current occupations. Intimidation by crew leaders is prohibitions detailed at § 570.34(b)(7) commonly reported. (old) be expanded to include ‘‘any 4. Youth Peddling In 1987, the permanent Subcommittee freezer or cooler regardless of product, The Department proposed to amend on Investigations of the Committee on including but not limited to meat, Reg. 3 and create § 570.33(j) to ban the Governmental Affairs of the United seafood, poultry or other produce.’’ The employment of 14- and 15-year-old States Senate held hearings on the AFL–CIO supported the proposal but minors in occupations involving youth Exploitation of Young Adults in Door- suggested that employers be required to peddling, also referred to as ‘‘door-to- to-Door Sales. The hearings included a keep the door open while the minor was door sales’’ and ‘‘street sales.’’ staff study that documented many inside the freezer, that the freezer door Controversies regarding young children abuses that had occurred in this be equipped with an emergency release conducting commercial sales of items, industry, including indentured mechanism to ensure the youth can often on a ‘‘door-to-door’’ basis, are not servitude, physical and sexual abuse, escape if the door is mistakenly shut, new. The Department has over the years and criminal activity. In 1998, the and that the employer provide documented reports of minors, many as Interstate Labor Standards Association unobstructed entry to and egress from young as 10 or 11 years of age, working created a subcommittee to work towards the freezer. The CLC also made the same as part of mobile sales crews, selling ending door-to-door sales by children three recommendations as the AFL–CIO such items as candy, calendars, and and recommended that the Department and stated that ‘‘[e]ven if DOL’s greeting cards for profit-making of Labor act as a national clearinghouse Occupational Safety and Health companies. Injuries, and even deaths, regarding information concerning door- Administration (OSHA) has similar have occurred as the result of young to-door sales operations. In response to rules, these should be incorporated into children engaging in youth peddling the 1994 ANPRM issued by the the child labor regulations so that a DOL activities. The door-to-door sales Department, calls for banning door-to- Wage and Hour Division inspector industry employing these minors door sales by those under 18 years of could assert a child labor violation generally is composed of a number of age were received from the National rather than having the employer face crew leaders who, during the course of Consumers League, the Defense for two inspections, one by the Wage and a year, operate in many different states. Children International, USA, and the Hour Division and another by OSHA.’’ The crew leaders, who often have ties to Food and Allied Service Trades The Department has carefully regional or national businesses, Department, AFL–CIO. At least 17 states reviewed the comments and has mistakenly claim that they and their have rules prohibiting or regulating decided to adopt the proposal as young sales crews are independent door-to-door sales by minors. originally written with a conforming contractors. Typically, a crew leader The Department’s proposal to prohibit clarification in § 570.34(i). Even though, attempts to saturate a particular area youth peddling was not limited to just under this rule, 14- and 15-year-olds with sales crews, make as many sales as the attempt to make a sale or the actual may only occasionally enter freezers possible, and then quickly move to a consummation of a sale, but includes momentarily to retrieve items (see new location. Crews often work from such activities normally associated with § 570.33(i) (new) and § 570.34(i) (new)), late afternoon to late at night as that is and conducted as part of the individual requiring that the door be kept open when most of the potential customers youth peddler’s sales activities, such as while they are inside the freezer could are likely to be at home. Because youth the loading and unloading of vans or be unnecessarily burdensome in that, peddlers typically qualify as outside other motor vehicles, the stocking and for energy efficiency and food sales employees under FLSA section restocking of sales kits and trays, the sanitation, most freezers are equipped 13(a)(1), they are usually exempt from exchanging of cash and checks, and the with self-closing doors. We note, as the minimum wage and overtime transportation of minors to and from the reported by the CLC, that OSHA, which requirements of the FLSA (see 29 CFR various sales areas by the employer. is the recognized expert in occupational 541.500). As used here, the terms youth safety and health issues, already has in Congressional hearings and the peddling, door-to-door-sales, and street place important safety standards Department’s enforcement experience sales do not include legitimate fund- addressing emergency release have shown that the problems raising activities by eleemosynary mechanisms, panic bars, and associated with children performing organizations such as cookie sales unobstructed paths in the workplace— door-to-door sales and street sales are conducted by the Girl Scouts of America and that these standards protect all numerous. These youth are often or school fund-raising events where the

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students are truly volunteers and are not public streets or traffic. The CLC stated The Department agrees with the promised compensation for the sales that it is not clear whether such sign recommendations of both the YWN and they make. The term compensation waving activities would be prohibited CLC that the regulatory text be revised would not include the small prizes, under the Department’s proposal. to specifically state that 14- and 15-year- trophies, or other awards of minimal The CLC recommended that the olds may not be employed as sign- value that the eleemosynary proposal clarify where young employees wavers, promoting particular products, organization may give a volunteer in of retail establishments may legally services, or events, except when recognition of his or her fund raising make sales. The CLC assumed that the performing the sign waving activities efforts. In administering the FLSA, the youth-employer’s establishment ‘‘means directly in front of an establishment Department does not consider such inside or directly outside the providing the product, service or event. individuals, who volunteer or donate establishment, but not away from the Because sign wavers and those hired to their services, usually on a part-time establishment, such as on a street corner wave or hold up other products, or wear basis, for public service, religious, or or parking lot. This should be made placards, sandwich boards, or costumes humanitarian objectives, without more explicit by barring youth peddling to attract potential customers are contemplation of pay, to be employees ‘in front or around the outside of the exposed to many of the same dangers of the religious, charitable, or similar establishment.’’’ Finally, the CLC noted associated with youth peddling, the nonprofit corporations that receive their the Department’s statement that youth following sentence has been added to services. In addition, FLSA section peddlers performing outside sales are § 570.33(j): Prohibited youth peddling 3(e)(4)(A) excludes from the definition usually exempt from the minimum wage also includes such promotion activities of ‘‘employee’’ individuals who and overtime provisions of the FLSA as the holding, wearing, or waving of volunteer to perform services for public and took issue with the Department’s signs, costumes, sandwich boards, or agencies. These provisions apply failure to ban peddling by 16- and 17- placards in order to attract potential equally whether the volunteer is an year-olds as well. The CLC commented customers, except when performed adult or a minor. that ‘‘DOL’s approach here hardly inside of, or directly in front of, the The Department received five comports with its stated desire to employer’s establishment providing the comments on this proposal. One private balance ‘the benefits of employment product, service, or event being citizen, who submitted his comment to opportunities with the necessary and advertised. the electronic docket for the ANPRM appropriate safety protections’ (72 FR The Department appreciates the concerns of those commenters who published on April 17, 2007, was the 19337). The benefits of an employment only commenter to oppose the proposal. recommended that the ban on youth opportunity in which the children This commenter stated that through peddling should be extended to all experiencing it are ‘usually’ not entitled door-to-door sales ‘‘many kids learn how youth under the age of 18 years, but to minimum wage or overtime pay are to be confident and build considers such a change too substantive difficult to understand.’’ communication skills with adults.’’ to adopt without additional rulemaking. The DOLWD supported this proposal The Department has carefully The Department notes that the NIOSH and noted that Alaska State regulations reviewed the comments and has Report, after carefully reviewing the restrict any worker under the age of 18 decided to adopt the proposal with available data, did not include youth from working in door-to-door sales. The certain clarifying modifications. The peddling as one of the 17 occupations YWN, the AFL–CIO, and the CLC also Department appreciates the concerns warranting the creation of a new supported this proposal and raised by the YWN, the AFL–CIO, and Hazardous Occupations Order (HO). recommended that the prohibitions the CLC regarding the scope of the term However, the Department appreciates against youth peddling be extended to youth-employer’s establishment. Under the AFL–CIO’s recommendation that the employment of 16- and 17-year-olds. § 570.33(j) as originally proposed, a ‘‘DOL begin gathering the necessary data In addition, the YWN recommended retail establishment that sets up an to substantiate and justify the need for that the Department amend the first outside sales center to sell such things extension of this coverage for future sentence of proposed § 570.33(j) to as garden supplies, plants, outdoor proposed regulations as quickly as prohibit sales by youth ‘‘in front or furniture, portable grills, Christmas possible.’’ around the outside of retail trees, etc., that participates in a retailer Finally, with regard to the CLC’s establishments’’ as ‘‘many youth peddle association neighborhood ‘‘sidewalk comment regarding wages, the fact that wares outside grocery stores, large chain sale’’ event, or that routinely displays its youth who conduct door-to-door sales or box stores, etc.’’ The YWN also wares outside its building may question usually are exempt from the minimum recommended that the Department not whether it could use its young sales staff wage and overtime provisions of the use the term ‘‘eleemosynary’’ in the in such endeavors. In order to eliminate FLSA in no way detracts from the regulations but replace it with ‘‘plain confusion and provide clarity, the Department’s stated objective to develop English words, such as ‘non-profit, Department has added a statement to updated, realistic health and safety religious or charitable organizations’ to § 570.33(j) noting that the ban on youth standards for today’s young workers that assure understanding by all parties.’’ peddling does not prohibit a young are consistent with the established The YWN assumed that the salesperson from conducting sales for national policy of balancing the benefits Department’s proposal would also ban his or her employer on property of employment opportunities for youth the employment of 14- and 15-year-olds controlled by the employer that is out of with the necessary and appropriate to perform sign waving, ‘‘including doors but may still properly be safety protections. When Congress holding or carrying of any type, posing considered part of the employer’s enacted the FLSA in 1938, it created or acting as a sign not directly in front establishment. Fourteen- and 15-year- section 13(a)(1), which provides a of a retail establishment, or where no olds may conduct sales in such complete exemption from the minimum direct supervision exists’’ (emphasis in employer’s exterior facilities, whether wage and overtime provisions for original). The YWN recommended that temporary or permanent, as garden employees employed in the capacity of such sign waving activities also be centers, sidewalk sales, and parking lot outside salesman. The definition of that prohibited along public roads and sales, when they are employed by that term, contained in 29 CFR 541.500, grassy areas or median areas next to establishment. applies regardless of the age of the

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employee and clearly includes youth catching and cooping of poultry other not deemed oppressive for children peddlers as described in § 570.33(j) than chickens—for example, processors between the ages of 14 and 16 appear in (new). The FLSA, as amended, includes of turkeys and Cornish game hens Reg. 3 (29 CFR 570.31–.37) (old). other exemptions from the minimum employ similar methods of moving their Reg. 3 identifies a number of wage and overtime provisions that products to slaughter. occupations or activities that are impact jobs often performed by young Despite the Department’s consistent specifically permitted for the workers, such as those contained in interpretation that 14- and 15-year-olds employment of youth 14 and 15 years of section 13(a)(3) (involving employees may not be employed as poultry age in retail, food service, and gasoline employed by an establishment which is catchers, employers still have questions service establishments. As mentioned, an amusement or recreational concerning how the regulations address the Department proposed to revise this establishment, organized camp, or such work, and violations still occur. list of permitted occupations by religious or non-profit educational For example, the Department clarifying it, adding to it, and extending conference center); section 13(a)(15) investigated the death of a 15-year-old its application to all employment (involving any employee employed on a male in 1999 who was employed as a covered by the FLSA, except those casual basis in domestic service poultry catcher, working in the dark and employers engaged in mining or employment to provide babysitting under red lighting, in Arkansas. The manufacturing, or any industry or services); and section 13(d) (involving youth was electrocuted shortly after occupation prohibited by the proposed any employee engaged in the delivery of midnight when he bumped into a fan § 570.33. This revised list will be newspapers to the consumer). The while performing his ‘‘catching’’ duties. contained in § 570.34 in the Final Rule. Department cannot enforce a minimum In order to remove any confusion and The Department received six wage requirement for employees whom increase employer compliance, the comments concerning the revision of the Congress has statutorily exempted Department proposed to amend Reg. 3 the list of permitted occupations and/or from the minimum wage and overtime and create § 570.33(l) to specifically the expansion of the list to include provisions of the FLSA. Nor can it ban prohibit the employment of 14- and 15- establishments other than retail, food certain employment for young workers year-old minors in occupations service, and gasoline service. Two of the solely because the employees engaged involving the catching and cooping of commenters made recommendations in such employment are exempt from poultry for preparation for transport or that are beyond the purview of the the FLSA’s minimum wage and/or for market. The prohibition would Department as they would require overtime requirements. The Department include the catching and cooping of all changes to the statute. The DOLWD notes that the exemption from minimum poultry, not just chickens. recommended that the Department wage and overtime contained in section It is important to note that in those focus on identifying the specific areas 13(a)(1) for outside salespeople does not rare instances when the catching and occupations where work is apply to individuals employed solely to activities would be agricultural in prohibited and eliminate the specific wave signs or wear placards, sandwich nature, such as where poultry catchers provisions concerning where work is boards, or costumes to attract potential are employed solely by a farmer on a permitted. A representative of an customers as such promotion work is farm to catch poultry raised by that educational management company not performed in conjunction with sales farmer, the catchers would be subject to called White Hat Management, LLC actually made by those individuals (see the agricultural child labor provisions (White Hat) recommended that the § 541.503). contained in FLSA sections 13(c)(1) and FLSA’s blanket prohibition against 14- (2). and 15-year-old being employed in 5. Poultry Catching and Cooping The Department received three manufacturing occupations should be The Department has long taken the comments on this proposal. The YWN, relaxed, stating that ‘‘in today’s day and position that 14- and 15-year-olds may AFL–CIO, and CLC all supported the age when so many manufacturing jobs not be employed to catch and coop proposal as written. The CLC stated that are automated and operated by poultry in preparation for transportation it welcomes the change as this work is computers or buttons, that a blanket or for market because it is a ‘‘processing’’ plainly too hazardous for 14- and 15- prohibition for manufacturing occupation prohibited by § 570.33(a) year-olds to perform. The Department is employment hardly seems appropriate.’’ (old and new). Such employees are adopting this proposal as written with Such recommendations do not comport often referred to as ‘‘chicken catchers’’ or one grammatical change. with the FLSA’s statutory directive that ‘‘poultry catchers.’’ In addition, the 14- and 15-year-olds may not be B. Occupations That Are Permitted for prohibitions against operating or employed in manufacturing or mining Minors Between 14 and 16 Years of Age tending power-driven equipment occupations and may only hold such (29 CFR 570.33–.34) contained in § 570.33(b) (old) and employment that the Secretary has § 570.33(e) (new) and the prohibition As mentioned, section 3(l) of the determined, by regulation or order, does against employment in occupations in FLSA expressly prohibits children not constitute oppressive child labor connection with the transportation of under the age of 16 from performing any (see 29 U.S.C. 203(l)). property contained in § 570.33(f)(1) work other than that which the The AFL–CIO, YWN, and CLC all (old) and § 570.33(n)(1) (new) generally Secretary of Labor permits, by order or expressed concern about this proposal, preclude the employment of such youth regulation, upon finding that it does not stating that such sweeping changes as poultry catchers. These activities are interfere with their schooling or health would allow 14- and 15-year-olds to normally performed in environments and well-being (see 29 U.S.C. 203(l)). work in many more industries, and they and under conditions that present risks Before a 14- or 15-year-old may legally recommended that the Department of injury and illness to young workers. perform work covered by the FLSA, the conduct further analysis. They Working in the dark, with the only Act requires that the work itself be specifically mentioned and questioned illumination provided by ‘‘red lights’’ exempt, or that the Secretary of Labor the efficacy of permitting youth which the fowl cannot see, and in has determined that the work to be employment in particular industries and poorly ventilated rooms, is not performed does not constitute employment situations. uncommon. The risks associated with oppressive child labor. The Secretary’s The AFL–CIO, YWN, and CLC also poultry catching also occur in the declarations of what forms of labor are noted that this proposal would allow

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youth to perform janitorial and clean-up The Department has carefully considered to have a retail concept. The work, work already permitted within reviewed all the comments and has Department continues to issue full-time retail, food service, and gasoline service decided to adopt the proposal as student subminimum wage certificates establishments by § 570.34(a)(6) (old), in written. The concerns of the AFL–CIO, to such employers under FLSA section additional types of establishments. They YWN, and CLC about increased youth 14(b) because of their retail character. In stated that such employment includes employment in several industries, such addition, such youth have been the potential for exposure to hazardous as dry cleaning and laundry services, permitted to be employed, and have and toxic chemicals or to bloodborne treating and disposing of waste, mass been safely employed, as janitors at pathogens, particularly in medical and mailing enterprises, and the painting of many retail and food service dental offices, hospitals and nursing houses and automobiles, are unfounded. establishments over the years, including homes, and when youth accept This is because § 570.33(a) (old and department stores, hotels, amusement employment with professional janitorial new) prohibits the employment of 14- parks, restaurants, and large discount services. There were also concerns that and 15-year-olds in almost all stores. 14- and 15-year-olds could now become occupations involving processing It is important to note that the CLC is full-time janitors and spend an entire operations—which the Department has incorrect in its assumption that this shift performing cleaning duties. interpreted to include dry cleaning and proposal would permit the employment In addition, the CLC interpreted this laundering, the treating and disposing of of 14- and 15-year-olds by messenger proposal as having a major impact on waste, the conducting of mass mailings, service firms that ‘‘have standing messenger services. It stated that and the painting of houses and contracts with law firms, accounting because § 570.33(d) (old) and automobiles. The Department does not firms, and other types of businesses’’ to § 570.33(m) (new) prohibit the believe it is appropriate to overturn the deliver documents or small packages. employment of 14- and 15-year-olds by long-standing prohibitions against 14- The Department has opined, as early as a public messenger service, adoption of and 15-year-olds being employed in 1989, that the term public messenger this proposal implies that employment construction or processing occupations service involves that delivery service of such youth by a private messenger by accepting the recommendation of the rendered to a company which takes service would be permitted. The CLC Coosa Valley Regional Development messages, small parcels, etc. from one described private messenger services as Center to allow such youth to perform party for delivery to another party. The ‘‘ those that have standing contracts with painting activities. public messenger goes between two law firms, accounting firms, and other In addition, § 570.33(a) (old and new) parties, neither of whom is necessarily types of businesses’’ to deliver provides additional protections as it known to the messenger. The term documents or packages. The CLC stated prevents the employment of such youth public in this context refers to the ‘‘[a]ny reasonable person who has seen in work places where goods are customers being served and not the such couriers rushing through city manufactured, mined, or otherwise nature of the ownership of the firm. streets, dodging cars, pedestrians, and processed. Fourteen- and 15-year-olds Accordingly, a 16-year minimum age is other cyclists to deliver important could not be employed to clean such required for employment in such documents, would shudder to think that work places, even after hours, because messenger services. The CLC is correct 14- and 15-year-olds would be able to of WHD’s long-standing interpretation in its interpretation that 14- and 15- do this work, if DOL’s proposal becomes that a work place retains its character— year-olds are permitted under the final regulation.’’ and child labor continues to be The CLC stated that adoption of this prohibited—even at times when nothing § 570.34(a)(4) (old) and § 570.34(g) proposal would allow 14- and 15-year- is being mined, processed, or (new) to perform errand and delivery olds to perform office work for such manufactured. It is also important to work by foot, bicycle, and public employers as accounting firms, note that all the prohibited occupations transportation for their employers when advertising agencies, mass mailing detailed in § 570.33 (new) would be their employers are not engaged in the businesses, insurance companies, and applicable to the employment of 14- and business of providing messenger many similar businesses. It expressed 15-year-olds, regardless of the industries services to others. concerns that office equipment, such as in which they are employed. The Department agrees with the CLC large paper shredders and data The Department appreciates and that the adoption of this proposal will processing machines with exposed understands the commenters’ concerns allow 14- and 15-year-olds to be moving parts, may present hazards to about the potential occupational employed to perform office work for young workers. In addition, the CLC exposure of young workers to hazardous such employers as accounting firms, noted that such minors would be and toxic chemicals or to bloodborne advertising agencies, and insurance permitted to work up to eight hours a pathogens. The Department believes companies; and that such youth could, day and up to forty hours a week at that the standards established by OSHA under the proper circumstances, work computers, typing or inputting data, to address such potential exposures, as many as eight hours in a day and during non-school weeks. which are continually under agency forty hours in a week when school is not Finally, a representative of the Coosa review, provide vigorous protections to in session. The Department, however, Valley Regional Development Center all workers. The WHD is also reviewing does not agree that such an expansion requested that 14- and 15-year-olds be prohibitions regarding the potential of positive youth opportunities is permitted to be employed in painting exposure of young workers to ionizing improper or in any way fails to comport activities because the ‘‘paint products in radiation, as reflected in the publication with the requirements and spirit of use today do not contain lead or other of the 2007 ANPRM. FLSA section 3(l). Office work hazardous materials.’’ She stated that The Department would also note that, continues to be one of the safest prohibiting this age group from painting as mentioned by the CLC, 14- and 15- occupations available to young workers. activities restricts their employment year-olds have been permitted to be Moreover, this rule does not change the activities. She recommended that the employed by hospitals and nursing limitations on the number of hours per prohibitions involving the use of homes for many years. This is because day or per week that 14- and 15-year- ladders and scaffolds by this age group historically such facilities, when open olds may work when school is not in be retained. to the general public, have been session.

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The Department also proposed to Report dealt exclusively with HOs, involving the use of any power-driven revise § 570.34(a)(8) (old) by clarifying which address work that is particularly equipment other than office machines. that 14- and 15-year-olds may perform hazardous or detrimental to the health Artistically creative work would be car cleaning, washing, and polishing, and well-being of 16- and 17-year-old limited to work in a recognized field of but only by hand (see § 570.34(n) minors. Even if NADA had presented artistic or creative endeavor. The (new)). Such youth are prohibited from data supporting its statement that employment would be permitted in any operating or tending any power-driven power-equipment-assisted motor industry other than those prohibited by machinery, other than office equipment, vehicle washing and polishing poses Reg. 3 and would also be subject to all and this prohibition has always ‘‘no significant safety or health risks to the applicable hours and times included automatic car washers, power- 14- and 15-year-olds,’’ the Department standards established in § 570.35 and washers, and power-driven scrubbers notes that such a standard is the prohibited occupation standards and buffers. The Department believes considerably more lax than the FLSA contained in § 570.33. this clarification will provide guidance section 3(l) standard the Secretary must The Department received comments to employers. apply when determining permissible from the YWN and CLC on this The Department received three employment opportunities for such proposal. Both commenters supported comments on this proposal. The YWN youth. Finally, the Department does not the proposal, but made additional supported the proposal as written. The accept NADA’s recommendation to recommendations. The YWN suggested CLC supported this proposal but again expand § 570.34(a)(8) (old) to include all that the Department replace the word expressed concern based on its motor vehicles. The Department has mental with intellectual, so that the erroneous assumption that such youth long interpreted the term cars and phrase in the subsection would read could be employed to paint trucks as used in § 570.34(a)(8) to ‘‘work of an intellectual or artistically automobiles. The National Automobile include station wagons, SUVs, and creative nature.’’ The YWN Dealers Association (NADA) took passenger vans. The term does not recommended that, for work of an ‘‘strong exception to this ‘clarification’ ’’ include larger vehicles such as buses, artistic nature, certain locations such as (emphasis in original). NADA stated tractor-trailers, and heavy-construction tattoo and body piercing establishments ‘‘ that vehicle washing anecdotally is equipment—all of which would should be excluded due to the potential known as the classic entry-level generally be considered motor vehicles for exposure to bloodborne pathogens. dealership employment activity * * * under Reg. 3 and HO 2. The YWN also stated that the proposal Vehicle cleaning, washing, and The additional occupations the should prohibit youth employed in polishing activities commonly involve Department proposed to permit 14- and artistic endeavors from performing work small portable power-washers and 15-year-olds to perform are discussed that would expose them to carcinogenic, hand-tool buffers’’ (emphasis in the below: toxic, or hazardous substances, or to original). NADA stated that nowhere in 1. Work of a Mental or Artistically high heat. ‘‘For example, 14- and 15- the regulatory history of § 570.34(a)(8) Creative Nature year-olds would be permitted to work or in the NIOSH Report has any on a pottery wheel, but would be suggestion been made that power- The Department has routinely prohibited from applying certain glazes equipment-assisted motor vehicle received inquiries asking whether 14- and would be prohibited from any work cleaning, washing, and polishing and 15-year-old youth may be employed on or around the high heats of a pottery activities pose ‘‘significant safety or to perform certain mental or artistically health risks to 14- and 15-year-olds.’’ creative activities in industries not kiln. Another example would be that 14- NADA also recommended that the word specifically permitted by Reg. 3. The and 15-year-olds would be permitted to car in § 570.34(a)(8) (old) be replaced inquiries have concerned such jobs as a sculpt, but would be prohibited from with the words motor vehicles so such computer programmer and computer welding and soldering or any functions youth may be permitted to wash applications demonstrator for a college, that expose them to heat, or to height or additional types of motor vehicles such print and runway model, and musical other existing restrictions.’’ Finally, the as SUVs, station wagons, and vans. director at a church or school. Often, YWN believed that some artistically The Department has considered the these inquiries involved students who creative work may ‘‘push the envelope comments and has decided to adopt the are especially gifted or career oriented on exploitative labor and/or prove proposal as written. The Department in a particular field. A strict adherence detrimental to the morals of youth.’’ believes this revision to be nothing more to Reg. 3 requirements would not permit The CLC also supported this proposal than a clarification of its long-standing the employment of a 14- or 15-year-old with additional comments and interpretation of the regulations. in any of these scenarios, even though recommendations. The CLC noted that Contrary to NADA’s statement, Reg. 3, talented and motivated youth could although the proposed § 570.34(b) of which § 570.34(a)(8) is a part, has safely and successfully perform these contains the statement that artistically clearly stated in § 570.33(b) for many tasks without interfering with their creative work is limited to work in a years that 14- and 15-year-olds may not schooling or health and well-being. recognized field of artistic or creative be employed in ‘‘occupations which The Department proposed to revise endeavor, it does not define the term involve the operation or tending of Reg. 3 at § 570.34(b) (new) to permit the artistic or creative endeavor. The CLC hoisting apparatus or of any power- employment of 14- and 15-year-olds to correctly stated that another of the driven machinery other than office perform work of a mental or artistically Department’s regulations, 29 CFR machines’’ (emphasis added). If creative nature, such as computer 541.302(b), advises this term includes employers have allowed FLSA covered programming, the writing of software, such fields as music, writing, acting, and nonexempt 14- and 15-year-olds to teaching or performing as a tutor, and the graphic arts. The CLC also wash or polish cars and trucks using serving as a peer counselor or teacher’s expressed concerns that singing and the power-driven washers or hand-tool assistant, singing, playing a musical playing of musical instruments are often buffers, they have done so in violation instrument, and drawing. Permitted in demand ‘‘in bars, lounges, cabarets, of the federal child labor provisions. work of a mental nature would be and other places that 14- and 15-year- The NIOSH Report did not mention the limited to work that is similar to that olds might best avoid. These and other provisions of § 570.34(a)(8) because the performed in an office setting and not settings could cause untoward effects on

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such youngsters’ moral health, even if Finally, the Department appreciates certifying organization, and that the not on their physical health and safety.’’ the concerns of both the YWN and CLC youth work under conditions acceptable The Department has carefully that under the guise of ‘‘artistic or to the Red Cross or some similarly considered the comments and has creative endeavors’’ some employers recognized certifying organization. This decided to adopt the proposal with one have attempted to employ youth in enforcement position permitted such modification. The Department agrees unsafe or unsavory lines of work that, as employment at swimming pools with the YWN that the word intellectual the commenters note, jeopardize the operated by hotels, amusement parks, better comports with the intent of this morals of the young workers. For cities, and state-owned universities, but proposal than the word mental. example, the Department has did not permit such employment at Accordingly, the Department is revising encountered a situation involving the pools operated by non-public and non- the proposed § 570.34(b) to reflect this employment of very young females as retail establishments such as apartment suggested change. ‘‘taxi-dancers’’ who were recruited and houses, country clubs, private schools, The Department understands the paid by bars and nightclubs to dance home-owner associations, and private concerns of both commenters as to the with male patrons, often late into the health clubs. In early 2005, the types of tasks young workers would be evening. The Department was able to Department, after reviewing additional permitted to perform under the quickly put an end to this unacceptable information, extended this enforcement umbrella of ‘‘artistic or creative employment by not only enforcing the position to permit the employment of endeavors’’ and notes that it will rely on child labor and minimum wage 15-year-olds as lifeguards at all 29 CFR 541.302(b)—which limits the provisions of the FLSA, but by traditional swimming pools regardless scope of this term to such fields as partnering with local law enforcement of who owns, operates or manages the music, writing, acting, and the graphic authorities to ensure that city and state establishments, and at those facilities of arts—for guidance. The Department laws addressing community standards water amusement parks that constitute wishes to address concerns raised by the were enforced. The Department believes traditional swimming pools. YWN by stating that it does not consider that the strict enforcement of such The Department proposed to revise tattooing or body piercing performed by ordinances by the appropriate Reg. 3 by creating § 570.34(l) to employees under the age of 16 years to authorities will continue to be incorporate portions of the current be artistically creative endeavors under important supplements to the enforcement position. The revision § 541.302(b). effectiveness of the federal child labor would permit 15-year-olds, but not 14- laws. The Department also notes that 14- year-olds, to be employed as lifeguards, and 15-year-olds who are employed in 2. The Employment of 15-Year-Olds performing lifeguard duties, at artistic or creative endeavors will (But Not 14-Year-Olds) as Lifeguards traditional swimming pools and certain continue to be prohibited from The Department proposed to revise areas of amusement water parks performing any of the occupations or Reg. 3 at § 570.34(l) to permit the operated by all types of employers, if tasks detailed in the revised § 570.33. employment of 15-year-olds as the minors have been trained and These prohibitions, which include work lifeguards at swimming pools and water certified by the Red Cross or a similarly in manufacturing and processing amusement parks under certain recognized certifying organization. occupations, the operation of most conditions. A local chapter of the The occupation of lifeguard, as used power-driven equipment, and any American Red Cross (Chapter) first in this subpart, entails the duties of duties in work rooms or work places raised this issue in 2000. The Chapter rescuing swimmers in danger of where goods are manufactured or advised the Department that the Red drowning, the monitoring of activities at processed, should alleviate many of the Cross had revised its own rules and had a swimming pool to prevent accidents, concerns raised by the YWN and CLC. begun certifying 15-year-olds as the teaching of water safety, and These prohibitions would prevent a 14- lifeguards. Prior to 2000, according to assisting patrons. Lifeguards may also or 15-year-old from working in a factory the Chapter, 16 years was generally the help to maintain order and cleanliness or workroom as a ‘‘molder’’ or ‘‘hand minimum age at which the Red Cross in the pool and pool areas, give painter’’ producing mass quantities of would provide such certification. The swimming instructions, conduct or nearly identical pottery or ceramic Chapter inquired as to whether Reg. 3 officiate at swimming meets, and items, but when coupled with this Final would permit the employment of 15- administer first aid. Additional ancillary Rule, they would permit the youth to year-olds as lifeguards. Also in 2000, a lifeguard duties may include checking express his or her artistic talents to municipality contacted the Department in and out such items as towels, rings, shape by hand a unique clay pot or inquiring whether it could legally watches and apparel. Permitted duties sculpt a piece of art. Likewise, a 14- or employ such youth as lifeguards at its for 15-year-olds would include the use 15-year-old could be employed, with all city-owned swimming pools. of a ladder to access and descend from the safeguards of §§ 570.33–.35, as a The occupation of lifeguard is not the lifeguard chair; the use of hand tools painter of portraits but not as a painter specifically authorized in Reg. 3 as an to clean the pool and pool area; and the of automobiles or houses. Similarly, a occupation that 14- and 15-year-olds testing and recording of water quality youth could be employed to create may perform. In response to the for temperature and/or pH levels, using unique photographs that rise to the level inquiries, the Department adopted an all of the tools of the testing process of art, but would be prohibited from enforcement policy in 2000 that allowed including adding chemicals to the test developing those photographs and 15-year-olds (but not 14-year-olds) to be water sample. Fifteen-year-olds working with the chemicals and employed at swimming pools owned employed as lifeguards would, however, solvents commonly used in such and operated by state and local be prohibited from entering or working processing activities. In addition, the governments or private-sector retail in any mechanical rooms or chemical hours standards provisions of § 570.35 establishments under certain storage areas, including any areas where restrict the number of hours and times conditions. Those conditions included the filtration and chlorinating systems of day that 14- and 15-year-olds may be that the youth be trained and certified are housed. The other provisions of Reg. employed in any FLSA-covered work, in aquatics and water safety by the Red 3, including the restrictions on hours of including artistic or creative endeavors. Cross or by some similarly recognized work contained at § 570.35(a), would

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continue to apply to the employment of the ‘‘splash-down’’ areas at the base of Some of the commenters supported 15-year-old lifeguards. the slides. Minors less than 16 years of the entire proposal as written or Under the proposed rule, no youth age may not be employed as dispatchers suggested only minor modifications. under 15 years of age, whether properly or attendants at the top of elevated The IAAPA, which describes itself as certified or not, could legally perform water slides—employees who maintain the largest international trade any portion of the lifeguard duties order, direct patrons as to when to association for permanently-situated detailed above as part of his or her depart the top of the slide, and ensure amusement facilities worldwide, FLSA covered employment. The core that patrons have safely begun their supported this proposal. The proposal and defining duty of a lifeguard is the ride—because such work constitutes was supported by the General Manager rescuing of swimmers in danger of ‘‘tending’’ as used in Reg. 3. In addition, of Shipwreck Island Waterpark of drowning, often by entering the water when serving as dispatchers or Panama Beach City, Florida, whose and physically bringing the swimmer to attendants at the top of an elevated comments were submitted by the safety. Under the Department’s water slide, minors under 16 years of IAAPA. A representative of Six Flags, proposal, any employee under the age of age are not performing, nor can they Inc. also supported the proposal and 16 whose duties include this core reasonably be expected to perform, the stated that ‘‘[w]hile we still believe that duty—such as a ‘‘junior lifeguard’’ or a core lifeguard duty of rescuing 15-year-olds could safely work as ‘‘swim-teacher aide’’—or whose swimmers because they are so far dispatchers on elevated water elements, employment could place him or her in removed from the splash-down area of we find the proposed changes to be an a situation where the employer would the slide. Accordingly, even if 15-year- acceptable compromise.’’ reasonably expect him or her to perform old minors have been certified as The National Recreation and Park such rescue duties, would be lifeguards, the provisions of § 570.34(l) Association (NRPA), which described performing the duties of a lifeguard would not apply to the time spent as itself as ‘‘a non-profit organization while working in such a position. For dispatchers or attendants at an elevated seeking to enhance public park facilities such employment to comply with Reg. water slide. Properly certified 15-year- and expand recreation opportunities,’’ 3, the employee would have to be at old lifeguards, however, may be supported the adoption of the proposed least 15 years of age and be properly stationed at the ‘‘splashdown pools’’ change in regulations that would revise certified. located at the bottom of the elevated Reg. 3 in order to ‘‘conditionally allow’’ A traditional swimming pool, as used water slides to perform traditional 15-year-olds to be employed at in this subpart, would mean a water- lifeguard duties. traditional swimming pools and water tight structure of concrete, masonry, or parks. The NRPA also supported The Department is aware that other approved materials located either establishing a minimum age of 16 for permitting 15-year-olds to be employed indoors or outdoors, used for bathing or the employment of lifeguards at natural as lifeguards at such water amusement swimming and filled with a filtered and environments. In addition, the NRPA park facilities as lazy rivers, wave pools, disinfected water supply, together with commented that ‘‘[l]ocal park and and the splashdown pools of elevated buildings, appurtenances and recreation agencies have a great need to slides could be construed as allowing equipment used in connection find qualified, capable, and certified these youth to tend power-driven therewith. A water amusement park lifeguards to work in their outdoor machinery. But the Department believes means an establishment that not only pools, indoor pools, water amusement encompasses the features of a traditional that the overall predominance of their park facilities, and natural bodies of swimming pool, but may also include responsibility to perform the core life- water. In proposing these regulations, such additional attractions as wave saving duty of rescuing patrons who are the Department will help agencies meet pools; lazy rivers; specialized activities in the water, which they have been their needs to hire certified lifeguards areas such as baby pools, water falls, properly trained and certified to by allowing lifeguards to begin work at and sprinklers; and elevated water perform, outweighs the minimum, the age of 15. Expanding the eligible age slides. Properly certified 15-year-olds isolated, and sporadic amount of for employment as a lifeguard at would be permitted to be employed as tending such lifeguards may potentially traditional swimming pools could help lifeguards at most of these water park be called upon to do when stationed at these communities enhance pool safety features. wave pools, lazy rivers, and splashdown by providing a wider and larger Not included in the definition of a pools. applicant pool from which to select traditional swimming pool or a water The Department received eleven qualified candidates, and by increasing amusement park would be such natural comments in response to this proposal. lifeguard availability, make shorter environment swimming facilities as This includes three comments that were shifts an increasingly real probability.’’ rivers, streams, lakes, reservoirs, wharfs, submitted as attachments to the The American Red Cross (Red Cross), piers, canals, or oceanside beaches. comments of the International which has been developing and It is important to note that § 570.33(b) Association of Amusement Parks and implementing lifeguard training and (old) prohibits the employment of 14- Attractions (IAAPA). The comments certification programs since 1914, stated and 15-year-olds in occupations centered around the following elements that it is ‘‘comfortable’’ with the involving the operation or tending of of the proposal: (1) Whether 15 should Department’s proposal with one small power-driven machinery, except office be the minimum age for employment as change. The Red Cross objected to the machines. This prohibition has always a lifeguard at a traditional swimming Department including the task of ‘‘giving encompassed the operation or tending pool or water amusement park; (2) swimming instructions’’ in the list of of all power-driven amusement park whether 16 should be the minimum age duties that 15-year-olds may perform and recreation establishment rides— for employment as a lifeguard at natural because the Red Cross lifeguard training including elevated slides found at water environments such as lakes, rivers, and course does not include training on how amusement parks. Such slides, which oceanside beaches; and (3) whether 15- to give swimming instructions. Such often reach heights of over 40 feet, rely year-olds should be prohibited from training is available to 15-year-olds via on power-driven machinery that pump being employed as dispatchers or a separate Red Cross Water Safety water to the top of the slides which attendants at the top of elevated water Instructor (WSI) course. The Red Cross facilitates the descents of the riders to slides. recommended that the Department

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alleviate possible public Lifeguarding Association and the CLC contact with any power-driven misunderstanding by deleting ‘‘giving referred to comments of the Lifeguard machinery. swimming instructions’’ from the list of Standards Association. The Department A representative of the Pleasant Hill permitted lifeguard duties. has not been contacted by any Recreation and Park District (Pleasant The United States Lifesaving organizations using those names in Hill) of Pleasant Hill, California, Association (USLA), which described regards to this proposal. expressed concern about how this itself as America’s nonprofit, The YWN also stated that work as a proposal would affect youth who professional association of beach lifeguard may entail exposure to volunteer in her District’s ‘‘junior lifeguards and open water rescuers, combative individuals, bloodborne lifeguard program.’’ After reviewing the reported that it ‘‘works to reduce the pathogens, and chemicals. It added that, list of permitted lifeguard duties incidence of death and injury in the for these reasons, other organizations presented in § 570.34(l)(2), she noted aquatic environment through public like the YMCA do not certify lifeguards that her facility has ‘‘swim instructors education, promulgation of national until age 16 and thus ‘‘DOL’s argument who are certified by the American Red lifeguard standards, training programs, that this proposal ties DOL enforcement Cross as Water Safety Instructors, but promotion of high levels of lifeguard practice to ‘standards’ in the industry is are not lifeguard certified.’’ Her facility readiness, and other means.’’ The USLA not accurate.’’ The YWN also questioned has ‘‘cashiers who are not lifeguard commented that, since 1980, it has the justification for adding a new and certified, but who help maintain order/ maintained the position that lifeguards unique age cut-off for this one particular cleanliness in the pool area (deck, serving at natural environments, job, when all other regulations group 15- locker rooms, crowd control during whether surf or non-surf beaches, year-olds with 14-year-olds. emergency, etc.). She questioned should be at least 16 years of age. The The CLC stated that ‘‘most distressing whether such employees, who are not USLA further commented that this is the fact that DOL gives no indication employed as lifeguards, must be at least position was also reached by of what the Red Cross training requires.’’ 16 years of age or be 15 years of age with participants at a national conference It also commented that the fact that DOL proper lifeguard certification. held in 1980 which issued a report would require the lifeguards to be The representative of Pleasant Hill entitled ‘‘Guidelines for Establishing certified by the Red Cross (or a similar also noted that youth aged 11 to 14 Open-Water Recreational Beach certifying organization) in aquatics and years of age participate in her facility’s Standards.’’ Participants included water safety ‘‘in no way assures that the junior lifeguard program. The representatives of the American DOL proposal is prudent.’’ participants attend 8 hours of training, Camping Association, Red Cross, The World Waterpark Association which follows the Red Cross’s Guard National Safety Council, YMCA of the (WWA) supported the proposal to Start Program, and then volunteer at the USA, Council for National Cooperation permit the employment of 15-year-olds pool as aides during swim lessons. in Aquatics, Centers for Disease Control as lifeguards at traditional swimming Participating youths are assigned to and Prevention, U.S. Coast Guard, Boy pools and water amusement parks, but assist an instructor, are never left alone Scouts of America, the National Park opposed that portion of the proposal to teach a class, and also help during Service, several major municipal that would prohibit such youth from recreational swims ‘‘by checking in/out lifeguard agencies from throughout the working as dispatchers or attendants at patrons bags/apparel/belongings.’’ She USA, and several medical experts. The the top of elevated water slides. The noted that the junior lifeguard program USLA noted that the participants at this WWA opined that ‘‘[it] is a universally is an important tool for recruiting and conference, which used a consensus- accepted position of the aquatic developing future lifeguards. based process to issue its community that a lifeguard’s first The Department has carefully recommendations, considered such responsibility is to prevent accidents considered all the comments and has factors as the physical and cultural and injuries by enforcing rules and decided to adopt the proposal as parameters of the natural environments educating patrons * * *. Therefore, 15- written, with two modifications. The to be guarded; the psychological and year-olds working at the tops of Department appreciates the concerns physiological stresses of public safety waterslides are fulfilling one of the core raised by the Red Cross that certified employment; the lack of physical duties of properly trained lifeguards, in lifeguards may not have received the stamina, maturity, and experience of a manner which places them at the least proper training, and therefore the proper those under 16 years of age; and the possible risk.’’ The WWA also disagreed certification, to give swimming varying levels of supervision provided with the Department’s position that instruction. This same issue was young lifeguards. The USLA working as a dispatcher or attendant at mentioned by Pleasant Hill, which summarized its comments by stating the top of an elevated water slide noted that it had swimming instructors ‘‘people under the age of 16 should not constitutes tending of power-driven who were properly certified by the Red be permitted to work as lifeguards at machinery under the provisions of Reg. Cross but were not certified as natural environments.’’ It also 3 where there are no mechanized lifeguards. In order to address the commented that it found it difficult to conveyance systems or emergency ride concerns of the Red Cross, ensure the construct reasons that differentiate the controls at the top. maximum possible safety for young natural environment from the pool A representative of Morey’s Pier of workers and their charges who are environment, given that many of the Wildwood, New Jersey, whose learning to swim, and eliminate reasons for establishing a minimum age comments were submitted by the confusion, the Department is modifying of 16 years for employment as a IAAPA, supported the proposal to allow the language in the proposed lifeguard at a natural environment the employment of 15-year-olds as § 570.34(l)(2) to reflect that 15-year-olds facility are equally applicable at lifeguards at traditional swimming pools may be employed as swimming traditional pools. and water amusement parks. She also instructors only when they have been The YWN and the CLC opposed this addressed the position of water slide certified to perform both lifeguard and proposal and both, apparently, support dispatcher, stating ‘‘we see no reason or swimming instruction by the Red Cross the comments submitted by the USLA, evidence that this is a dangerous job or some other recognized certifying although this is not clear. The YWN that should be restricted.’’ She also organization. This requirement for dual referred to comments of the US opined that such dispatchers are not in certification, like the other lifeguard

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requirements contained in Reg. 3, will USA have received training through its Logging occupations and occupations in end when the minor reaches his or her lifeguard training program. the operation of any sawmill, lath mill, 16th birthday. The Department appreciates the shingle mill, or cooperage stock mill The Department received an inquiry concerns of certain commenters that 15- (Order 4). after the publication of the NPRM year-olds should be permitted to be Section 13(c)(7) overrides the asking why ponds and quarries, places employed as dispatchers or attendants heretofore complete prohibition on the where swimming often occurs, were not at the top of elevated water slides, but employment of 14- and 15-year-olds in specifically listed as natural believes that continuation of its long- manufacturing occupations contained in environment swimming facilities in held position that such employment section 3(l) of the FLSA. Accordingly, to § 570.34(l)(2) where the term traditional constitutes the prohibited tending of meet the requirements of this swimming pool is defined. In order to power-driven equipment—just as it is legislation, the Department proposed to clarify the Final Rule, the Department for attendants on roller coasters, merry- revise Reg. 3 to permit the employment has decided to add ponds and quarries go-rounds, and ski-lifts—is both prudent of qualifying 14- and 15-year-olds inside to the non-exhaustive list of examples of and proper. and outside of places of business where natural environment swimming Finally, the Department acknowledges manufacturing (the processing of wood facilities that currently includes rivers, the concerns of Pleasant Hill which products by machinery) takes place, streams, lakes, reservoirs, wharfs, piers, raised the issue of ‘‘junior lifeguard subject to specified conditions and canals, and oceanside beaches. programs’’ and the ‘‘volunteer’’ limitations. The Department appreciates the participation of youths between the ages The Department proposed to limit the concerns of the YWN, CLC, and USLA of 11 and 14 in such endeavors. The types of employers that may employ about lowering the employment age for Department notes that when such such minors, as well as the worksites at lifeguards at traditional swimming pools programs do not involve an employer- which such minors may be employed, to and certain water amusement park employee relationship, they fall outside those contemplated by the language of facilities to 15, but believes that such the provisions of the FLSA. But when it the statute and mentioned by the safeguards as proper certification in is determined that an employer- sponsors of the legislation and the aquatics and water safety by a employee relationship does exist, and interested parties that testified at the recognized certification organization, the employee is engaged in work that is hearings held by Congress prior to the the prohibition against tending power- subject to the FLSA, the minimum age enactment of the legislation (see, e.g., driven machinery which prevents 15- for such employment at a traditional Testimony Before Senate Labor, Health year-olds from working as dispatchers swimming pool would be 14. Such 14- and Human Services, and Education or attendants at the top of elevated year-old employees could not be Subcommittee of the Committee on water slides, the OSHA standards employed as lifeguards or swim Appropriations, The Employment Needs addressing potential exposures to instructors, but could perform such of Amish Youth, 107th Cong. 2 (2001)). bloodborne pathogens and chemicals, tasks as maintaining the cleanliness of The term places of business where and the hours and times of day the pool area and locker rooms, signing machinery is used to process wood standards established by § 570.35 in and signing out patrons, and products shall mean such permanent combine to provide adequate checking in and out such items as workplaces as sawmills, lath mills, protections to these young workers. The towels, watches, and apparel. Such shingle mills, cooperage stock mills, Department does not share the YWN’s youth would not be permitted to furniture and cabinet making shops, concerns about adding ‘‘a new and perform any of the core functions of a gazebo and shed making shops, toy unique age cut-off for this one particular lifeguard nor be employed in a situation manufacturing shops, and pallet shops. job, when all other regulations group 15- where their employers could reasonably The term shall not include construction year-olds with 14-year-olds.’’ The expect them to rescue swimmers in sites, portable sawmills, areas where Department notes that when rules are danger of drowning. Under this Final logging is being performed, or mining clearly written and adequately Rule, properly certified 15-year-olds operations. The term inside or outside explained, public understanding and could be employed at such pools as places of business refers to the distinct compliance follow. This was evidenced lifeguards. physical place of the business, i.e., the by the revisions to HO 2 published on buildings and the immediate grounds 3. The Employment of Certain Youth by December 16, 2004 (see 69 FR 75382, necessary for the operation of the Places of Business Where Machinery Is see also § 570.52(b)) necessitated by the business. This exemption would not Used To Process Wood Products enactment of FLSA section 13(c)(6), apply to tasks performed at locations which permits limited on-the-job The provisions of the Consolidated other than inside or outside the place of driving by 17-year-olds under certain Appropriations Act, 2004, amended the business of the employer such as the conditions, but not by 16-year-olds. FLSA by creating a limited exemption delivery of items to customers or the The Department does not agree with from the child labor provisions for installation of items at customers’ the CLC’s comment that the DOL gives certain minors 14 through 17 years of establishments or residences. no indication of what Red Cross training age who are excused from compulsory Although section 13(c)(7) permits the requires and the YWN’s comment that school attendance beyond the eighth employment of certain youth inside and this proposal is not ‘‘tied to standards in grade. The exemption, contained at outside of places of business where the industry.’’ The Red Cross, just like section 13(c)(7) of the FLSA, allows machinery is used to process wood other nationally recognized certifying eligible youth to work inside and products, it does so only if the youth do organizations, spends a great deal of outside of places of businesses that use not operate or assist in the operation of time and effort formulating, refining, machinery to process wood products, power-driven woodworking machines. disseminating, and publicizing the subject to specified limitations. The The occupations of operating or elements and standards of its lifeguard Department is incorporating the new assisting in the operation of and the certification program. It is difficult to requirements of this amendment into its term power-driven woodworking argue that the Red Cross is not the regulations. The Department proposed machines are well-established in the ‘‘industry standard’’ when it estimates to incorporate the amendment into Reg. regulations, including in § 570.55. The that about 90% of all lifeguards in the 3 at § 570.34(m), and into § 570.54, Department proposed to revise Reg. 3 to

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include definitions of these terms along parent (or person standing in place of a authorized the state to operate its own with the specific prohibition against parent), a grandparent, an aunt, an Occupational Safety and Health Plan, operating or assisting in the operation of uncle, and a sibling; and an adult would the applicable standards issued by the power-driven woodworking machines. be someone who has reached his or her Office charged with administering the Section 570.55 lists, when discussing eighteenth birthday. The Department State Occupational Safety and Health the prohibited occupations involved in also proposed that the term adult Plan. the operation of power-driven member of the same religious sect or The Department received three woodworking machines, such activities division as the youth would mean an comments on this proposal. Although as supervising or controlling the adult who professes membership in the both the YWN and CLC stated that they operation of the machines, feeding same religious sect or division to which did not support enactment of FLSA materials into such machines, and the youth professes membership. The section 13(c)(7), they strongly supported helping the operator feed material into Department believes that in order to the Department’s efforts to ensure that such machines. The list also includes ensure these youth receive the degree of the regulations provide adequate the occupations of setting up, adjusting, protection from injury Congress protections for youths who are now repairing, oiling, or cleaning the intended, the supervision of the minors permitted to be employed inside and machines. That same section defines must be close, direct, and outside places of business where power-driven woodworking machines to uninterrupted. It is important to note machinery is used to process wood mean all fixed or portable machines or that this requirement of close, direct, products. Both of these commenters, tools driven by power and used or and uninterrupted supervision, just like along with the AFL–CIO, made designed for cutting, shaping, forming, the requirement that youth not operate additional recommendations to the surfacing, nailing, stapling, wire or assist in the operation of power- proposal. stitching, fastening, or otherwise driven woodworking machinery, applies Both the YWN and the AFL–CIO assembling, pressing, or printing wood to the employment of 16- and 17-year- recommended that the Department add or veneer. The Department proposed to olds as well as 14- and 15-year-olds. a requirement to the revised amend the definition of power-driven Furthermore, section 13(c)(7) permits § 570.34(m)(1) that all youth who come woodworking machines to include those the employment of a new entrant inside within the exemption provided by FLSA machines that process trees, logs, and or outside places of business where section 13(c)(7) must receive safety lumber in recognition that section machinery is used to process wood training or certification for the specific 13(c)(7) now permits certain youth 14 products only if the youth is protected activities allowed under the proposal. through 17 years of age to work in such from wood particles or other flying The CLC labeled as a ‘‘wise approach’’ places of business as sawmills, lath debris within the workplace by a barrier the Department’s proposal to rely on the mills, and shingle mills where trees, appropriate to the potential hazard of expertise of OSHA, or the Office logs, and lumber would be processed. such wood particles or flying debris or charged with administering an OSHA- Expanding this definition thus clarifies by maintaining a sufficient distance authorized state plan where appropriate, that youth are prohibited from operating from machinery in operation, and is to determine if employers are complying or assisting in the operation of wood- required to use personal protective with certain of the safety standards processing machinery typically found in equipment to prevent exposure to established by FLSA section 13(c)(7). As the workplaces covered by the 2004 excessive levels of noise and saw dust. an outgrowth of this proposal, it stated amendment. This revised definition of It is the Department’s position that that ‘‘it would make sense either for the power-driven woodworking machines section 13(c)(7)’s prerequisite that the Wage and Hour Division to enforce would be included in § 570.34(m) of youth is ‘‘required to use personal OSHA in this context by issuing OSHA Reg. 3 and both § 570.54 (HO 4) and protective equipment to prevent citations that assert OSHA violations, or § 570.55 (HO 5). exposure to excessive levels of noise for the Wage and Hour Division The limited exemption contained in and saw dust’’ includes the youth’s investigator to notify OSHA of an OSHA section 13(c)(7) applies only to certain actual use of such equipment and not violation and direct OSHA to investigate youth—new entrants into the just the employer’s obligation to the matter as well for OSHA violations. workforce—and only when certain mandate such use. The reason for this recommendation additional criteria are met. Section The Wage and Hour Division has that the CLC makes here is that if there 13(c)(7) defines a new entrant into the consulted with representatives of the are OSHA violations that give rise to workforce as an individual who is under Department’s Occupational Safety and child labor violations, then the adults the age of 18 and at least the age of 14, Health Administration (OSHA) and will who work with the woodworking and, by statute or judicial order, is defer to that agency’s expertise and machinery are subject to the same exempt from compulsory school guidance when determining whether an workplace hazards as the children.’’ attendance beyond the eighth grade. employer is in compliance with the The CLC commented that the In addition, in order to be employed safety provisions of this exemption— Department’s proposal that the inside or outside of places of business i.e., whether a workplace barrier is supervision received by young workers where machinery is used to process appropriate to the potential hazard, employed under the provisions of FLSA wood products, the new entrant must be whether a sufficient distance has been section 13(c)(7) be close, direct, supervised by an adult relative or an maintained from machinery in constant, and uninterrupted is essential adult member of the same religious sect operation, and whether the youth is in view of the serious hazards that such or division as the entrant. The term exposed to excessive levels of noise and youth will face. The CLC recommended supervised refers to the requirement that saw dust. The Department proposed that that the proposal should also require the youth’s on-the-job activities be compliance with the safety and health that the supervision be ‘‘one-on-one’’ directed, monitored, overseen, and provisions discussed in the previous and that the supervisors of the young controlled by a specified named adult. paragraph will be accomplished when workers should be required to have Although the statute does not define the the employer is in compliance with the experience within the wood processing terms adult and relative, the Department requirements of the applicable industry or that workplace. proposed that, for purpose of this governing standards issued by OSHA or, The CLC also expressed concern that exemption, a relative would include a in those areas where OSHA has neither the statute nor the proposal

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addresses the potential exposure of Requiring pre-employment certification C. Periods and Conditions of young workers to ‘‘the toxic chemicals or training of youth was not envisioned Employment (29 CFR 570.35) present in adhesives and coating agents by Congress, especially for a population FLSA section 3(l) authorizes the that are used in woodworking of young workers whose formal Secretary of Labor to provide by ’’ operations. The CLC noted that many education ends at such an early age. The regulation for the employment of young of these chemicals pose risks of both Department also believes that the CLC workers 14 and 15 years of age in short-term and long-term effects on the recommendations that the ratio of suitable nonagricultural occupations human body and also are extremely supervisors to young workers should be and during periods and under flammable, and hence pose significant one-to-one and that all adults conditions that will not interfere with fire and explosion hazards. CLC stated supervising have experience in the their schooling or with their health and ‘‘DOL’s OSHA experts are familiar with workplace or the industry were not well-being. In enacting FLSA section these hazards.’’ contemplated by Congress and would be Finally, the CLC noted that the statute 3(l), Congress intended to assure the viewed as excessive. Similarly, the health and educational opportunities of did not require woodworking Department believes that the CLC establishments that employ youth under 14- and 15-year-olds, while allowing recommendation regarding the them limited employment the provisions of FLSA section 13(c)(7) mandatory reporting of work-related to report all work-related accidents and opportunities. injuries and deaths that might occur to Reg. 3 was promulgated in 1939 under deaths of such workers to the youth employed under the provisions of Department. The CLC stated that even in the direction of the Chief of the FLSA section 13(c)(7) would be Children’s Bureau, in whom Congress the absence of such a reporting duplicative of the reporting requirement, the Department can play vested the original delegation of requirements already established by authority to issue child labor an important role by publicizing not OSHA. only the hazards of working in such regulations. The record on which Reg. 3 The Department has long recognized was based included hearings where places of business, but also the results the importance of, and the benefits of any child labor investigations advocates of children expressed concern resulting from, OSHA and WHD over the need for children to avoid involving woodworking machines. The working together to share enforcement CLC believed that such publicizing will fatigue, so as not to deplete the energy expertise and information, and to required for their school work. remind all American youth, their leverage compliance assistance ‘‘ Similarly, witnesses stressed that early parents, and their employers of the initiatives. As recognized by the CLC, grave dangers that these machines morning and late evening work hours, these two agencies have a long and represent to working children.’’ which interfered with sleep and often productive history of partnering for the The Department has carefully fostered exhaustion, were unhealthful reviewed the comments of the YWN, benefit of American workers and those for children and also diminished the AFL–CIO, and CLC. It has decided to who employ them. It is the time that children should have spent adopt the proposal as written, with one Department’s intention that this with the family (see In the Matter of clarifying modification. relationship will continue to grow and Proposed Regulation Relating to the Since the enactment of FLSA section accommodate additional partnering Employment of Minors Between 14 and 13(c)(7) on January 23, 2004, the opportunities as they arise. As stated in 16 Years of Age Under the Fair Labor Department’s enforcement position has the Final Rule, WHD will continue to Standards Act, Official Report of the been that the employment of 14- and 15- rely on OSHA’s expertise for guidance Proceedings Before the Children’s year-olds employed under the when applying the specific occupational Bureau, February 15, 1939, at 19, 21, 34, provisions of that section must still be health and safety-affecting requirements 82). Reg. 3 limits the hours that 14- and in compliance with all other provisions of FLSA section 13(c)(7) (see 15-year-olds may work to: of Reg. 3, including the hours and time § 570.34(m)(1)(iii) and (iv)) as well as (1) Outside school hours; of day standards of § 570.35. Although when assessing the risks from potential (2) Not more than 40 hours in any 1 this is evidenced by the Department’s exposures to toxic chemicals; but WHD week when school is not in session; compliance and enforcement guidance will not itself issue citations for (3) Not more than 18 hours in any 1 and the structure of the NPRM, it was violations of OSHA standards. As the week when school is in session; not explicitly stated in the proposed CLC stated, ‘‘DOL’s OSHA experts are (4) Not more than 8 hours in any 1 rule. The Department received an familiar with these hazards.’’ day when school is not in session; inquiry on this issue after the Finally, the Department is well aware (5) Not more than 3 hours in any 1 publication of the proposal. In order to of the importance of keeping all day when school is in session; and prevent any possible confusion and to stakeholders informed of its compliance (6) Between 7 a.m. and 7 p.m. in any provide maximum clarity, the assistance initiatives and enforcement 1 day, except during the summer (June Department has revised the Final Rule findings, and of serious occupational 1 through Labor Day) when the evening by adding the following sentence to the injuries involving youth. WHD, OSHA, hour will be 9 p.m. end of § 570.34(m)(2): The employment and NIOSH have, for many years, shared The Department did not propose to of youth under this section must comply information among themselves change any of these hours and time-of- with the other sections of this subpart, concerning occupational injuries that day limitations, but wished to foster including the hours and time of day have contributed to the deaths of young both understanding of, and compliance standards established by § 570.35. workers as soon as one of the parties with, these provisions by incorporating The Department appreciates the learned of the death. WHD, OSHA, and into the regulations certain long- support and concerns of the NIOSH then work together to ensure standing Departmental enforcement commenters. The Department believes that the appropriate rules are followed positions and interpretations. For that the youths who will be employed and enforced and to learn from each example, the Department has developed under the provisions of FLSA section event in the hopes that future tragedies long-standing enforcement positions 13(c)(7) will receive significant can be prevented. This cooperation will regarding the application of certain of workplace protections from the statute continue after the adoption of the Final the hours standards limitations to and these resulting regulations. Rule. minors who, for differing reasons, no

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longer attend or are unable to attend in any week when school was not in The Department received nine school. Some of these positions have session. comments on this proposal. Two been in place since the 1970s and all Finally, as noted above, Reg. 3 limits commenters, the YWN and the CLC, have been detailed in the Wage and the employment of 14- and 15-year-olds addressed the proposal to incorporate Hour Division’s Field Operations to periods that are outside of school into § 570.35 certain long-standing Handbook since 1993. The Department hours and to designated hours departmental enforcement positions proposed to incorporate them into Reg. depending upon whether or not school regarding the application of the hours 3 to promote both clarity and is in session. Although neither the FLSA standards. Both supported the compliance. The Department proposed nor Reg. 3 defines the terms school Department’s enforcement positions that to amend § 570.35 to reflect that school hours and school is in session as they school should not be considered in would not be considered to be in apply to nonagricultural employment, session for a 14- or 15-year-old youth session for a 14- or 15-year-old minor the Department has developed and who has graduated from high school; who has graduated from high school; or applied a long-standing enforcement has been excused from compulsory has been excused from compulsory position that these terms refer to the school attendance by the state or other school attendance by the state or other normal hours of the public school jurisdiction once he or she has jurisdiction once he or she has system in the child’s district of completed the eighth grade and his or completed the eighth grade and his or residence. This enforcement position her employment complies with all the her employment complies with all the mirrors the provisions of FLSA section provisions of the state school attendance requirements of the state school 13(c)(1), which Congress added in 1949, law; or is subject to an order prohibiting attendance law; or has a child to to clarify how these terms apply to the him or her from attending school. support and appropriate state officers, employment of youth in agricultural Although the YWN supported the pursuant to state law, have waived employment. FLSA section 13(c)(1) proposals that school should also not be school attendance requirements for this states, in relevant part: ‘‘The provisions considered in session for a youth who minor; or is subject to an order of a state of section 212 of this title relating to (1) has a child to support and or federal court prohibiting him or her child labor shall not apply to any appropriate state officers, pursuant to from attending school; or has been employee employed in agriculture state law, have waived school permanently expelled from the local outside of school hours for the school attendance requirements for that minor, public school he or she would normally district where such employee is living or (2) has been permanently expelled attend. Such minors would be exempt while he is so employed, if such from the local public school he or she from the ‘‘when school is in session’’ employee * * *. (C) is fourteen years of would normally attend, the CLC did not. hours standards limitations contained in age or older.’’ The CLC stated that it believes it is ‘‘ill- §§ 570.35(a)(1), (a)(3) and (a)(5). The advised to excuse 14- and 15-year-olds Though the Department did not employment of such minors would still from compulsory school attendance on propose specific regulatory language be governed by the remaining the basis of parental status. It serves the regarding these terms when it published provisions of Reg. 3, including the daily, best interests of the 14- and 15-year-old the NPRM, it did seek information from weekly, morning, and evening hours parent, as well as the young parent’s standards limitations contained in the public regarding whether such child, for the parent to complete his or §§ 570.35(a)(2), (a)(4), and (a)(6). regulatory provisions would be her education, thus realizing a long-term The Department also proposed to appropriate, including whether: (1) The benefit of increased and better clarify the hours restriction contained in Department should continue to use the employment in the future.’’ The CLC § 570.35(a)(5), which limits the hours of operation of the local public stated that a child permanently expelled employment of 14- and 15-year-olds in school where a minor resides to from public school might still be nonagricultural employment to no more determine when he or she may legally required, under state or local law or than 3 hours on a day when school is be employed, even when that minor perhaps court order, to attend some in session, by adding a statement that does not attend that local public school other school. The CLC recommended this restriction also applies to Fridays. or, for whatever reason, may actually that the Department amend its proposed The WHD occasionally receives requests have attendance requirements that differ revision to read ‘‘Has been permanently for clarification from employers seeking from those of the rest of the students expelled from the local public school he to lengthen the work shifts of younger attending that local school; (2) the or she would normally attend, unless employees on nights that do not precede FLSA’s requirement that such a minor the child is required, by state or local a school day. As the stated purposes of only be employed under conditions and law or ordinance, or by court order, to the hours standards limitations include during periods that will not interfere attend another school.’’ the protection of young workers from with his or her schooling or health and Only the YWN and CLC commented exhaustion and the preservation of time well-being would be equally or better on the Department’s proposal to clarify for rest and family relations, no more served if it were based on the minor’s the Reg. 3 limitation that 14- and 15- than 3 hours of work is permitted on own actual academic schedule; and (3) year-olds may not be employed to work any day when school is in session. using the academic schedule and more than three hours on any one day The Department also proposed to attendance requirements of each minor when school is in session by adding the incorporate into Reg. 3 its long-standing when determining when school was in phrase ‘‘including Fridays.’’ Both the position that the term week as used in session for that minor would provide YWN and the CLC supported this Reg. 3 means a standard calendar week working youths greater opportunities proposal. The representative of White of 12:01 a.m. Sunday through midnight and flexibility when seeking safe, Hat recommended that participants in Saturday, not an employer’s workweek positive and legal employment. The programs similar to those of the charter as defined in 29 CFR 778.105. The Department stated that, based on the schools he advises should be permitted calendar week would continue to serve comments it received, it would consider to work up to five hours on a school as the timeframe for determining adding regulatory provisions to the day. whether a minor worked in excess of 18 Final Rule defining the terms school The Department received six hours during any week when school hours and school is in session as they comments that addressed its proposal to was in session or in excess of 40 hours apply to nonagricultural employment. incorporate into Reg. 3 its long-standing

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position that the term ‘‘week’’ as used in the term school in session. The YWN schedule, job opportunities would be Reg. 3 means a standard calendar week praised the enforcement benefits that expanded for minors subject to Child of 12:01 a.m. Sunday through midnight would arise from having only one Labor Reg. 3 without adversely Saturday, not an employer’s workweek standard in each school district, thereby impacting the school work of such as defined in 29 CFR 778.105. The avoiding multiple schedules that would minors.’’ The FMI stated that adopting proposal stated that the calendar week create unworkable and needlessly the hours of the local public school would continue to serve as the complex enforcement standards. The when defining the term school is in timeframe for determining whether a YWN also suggested that the session would ‘‘make no sense’’ for the minor worked in excess of 18 hours Department should clearly state in the many young people who do not go to during any week when school was in Final Rule that school is considered to public schools. The FMI found it ‘‘hard session or in excess of 40 hours in any be in session during any week in which to understand why their work hours week when school was not in session. school attendance is required for one or should be governed by a school system Both the YWN and CLC supported more days. The CLC commented that they have nothing to do with.’’ The this proposal. Four commenters, the ‘‘[if] the school day schedules representative of Morey’s Pier believed Food Marketing Institute (FMI), Six established by private schools and by that each minor should be treated Flags, the WWA, and the representative parents of home-schooled children individually and that his or her own of Morey’s Pier, opposed the proposal. could determine when children being academic schedule and attendance The FMI described itself as a conductor educated in those settings governed requirements should be used when of ‘‘programs in research, education, here, there would be nothing in the DOL determining when school was in session industry relations and public affairs on child labor regulations that would for the minor. Barring adoption of her behalf of its 1,500 member companies— prevent such a school or parent from recommendation, she believed the food retailers and wholesalers—in the setting a schedule that would permit Department’s enforcement position to be United States and around the world.’’ children to work during the hours that the ‘‘second best option.’’ The FMI reported that its retail the public school system is in session. The DOLWD did not oppose this membership is composed of large multi- Indeed, non-public schools could be enforcement position but suggested that store chains, regional firms and established by organizations whose an ‘‘exception’’ from the definition of independent supermarkets. The FMI prime goal is to provide 14- and 15-year- school is in session should be created stated ‘‘[w]e strongly object to this old working children to employers for youth enrolled in home school or change, which would create an during normal business hours in the other alternative school programs based administrative nightmare, and see no middle of the day, rather than to make on considerations of ‘‘whether the work reason for it.’’ The FMI commented that sure that the children are in school interferes with the individual’s most of its members already have during the hours when they are most schooling, health or well being rather systems in place based on their own alert and receptive to classroom than the hours of operation for public workweeks that automatically check instruction. We do not say that there schools.’’ The DOLWD also suggested hours worked to make sure minors do would be many such schools or home- that the federal regulations on the ‘‘ not exceed their allowable hours. By schooling parents, but the mere fact that number of hours that 14- and 15-year- requiring the use of a Sunday to such outcomes could occur should be olds may work should be amended to be Saturday midnight week, employers reason enough to cause DOL to reject consistent with the more permissive standards established in Alaska. The would be forced to check hours worked this approach.’’ The CLC, when manually, making it more likely that Council also recommended that the commenting on the Department’s mistakes would be made.’’ Department expand the number of hours inquiry regarding whether employers of The WWA echoed the concerns of the that such youth may be employed to working youth should be given greater FMI and asked that the proposed rule be four hours on any school day; to as late flexibility, stated ‘‘[t]here is no need for amended to allow employers to as 8 p.m. on any evening between Labor DOL to bend over backwards to try to calculate hours worked so that Saturday Day and May 31st; and as late as 10 p.m. assure that children have the absolute and Sunday hours may be included on any evening between June 1st and maximum opportunity to squeeze every within the same workweek. Six Flags Labor Day. The YWN recommended that possible minute of the day into the three expressed the same concern regarding the Department eliminate the reference its ability to use its payroll tracking hours that they can work during a to between June 1st and Labor Day and system as a compliance tool and school day. This approach seems to us replace it with the actual calendar of recommended that the Department to give far more emphasis to work each public school, noting that an allow employers to use any reasonable experiences for 14- and 15-year-olds increasing number of school districts ’’ system such as labor tracking and than to their education. have year-round schedules. payroll monitoring tools that The National Council of Chain After carefully reviewing the complement their record keeping Restaurants (Council), the representative comments, the Department has decided systems. The representative of Morey’s of Morey’s Pier, and the FMI supported to continue its long-standing Pier recommended that the term defining the term school in session by enforcement position that school hours workweek should be defined, but not following the academic schedule and are defined by the hours that the local necessarily by the calendar. attendance requirements of each minor, public school district where the minor The Department received six rather than that of the local public resides when employed is in session, comments on its enforcement position school. The Council noted that and to add this definition to § 570.35(b) that defines the term school in session frequently ‘‘the academic schedule and to avoid confusion and to simplify both as applying to the normal hours of the attendance requirements followed by compliance and enforcement of the public school system in the minor public schools do differ, sometimes hours standards of Reg. 3. The employee’s district of residence. The significantly, from the schedule Department has also included in this YWN and the CLC supported using the followed by private schools. By definition the YWN’s recommended hours of the local public school district applying each minor’s actual school clarifying statement that school should the minor would attend if he or she schedule, rather than arbitrarily be considered to be in session during attended public school when defining applying the local public school any week when school attendance is

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required for any portion of a day. The have attended public school. While the amended to make the WECEP a Department is also adding to that Department agrees with the CLC that it permanent exception. section its long-standing position that is unlikely that many such schools or WECEP was created to provide a outside school hours means such home-schooling programs would carefully planned work experience and periods as before and after school hours, materialize, it does note that the career exploration program for 14- and holidays, summer vacations, weekends, emergence of schools that were 15-year-old youth who can benefit from and any other day or part of a day when designed to allow migrant children to a career-oriented educational program the local public school district where work on farms during the daylight hours designed especially to meet the the minor resides while employed is not when the local public school was in participants’ needs, interests, and in session. This section will also note session, was an impetus for the 1949 abilities. The program was, and that summer school sessions, held in amendment to the FLSA that codified continues to be, specifically geared to addition to the regularly scheduled this very same enforcement position as helping dropout-prone youth become school year, are considered to be outside it relates to agricultural employment. reoriented and motivated toward of school hours. The Department has decided not to education and to prepare for the world The Department appreciates the incorporate into Reg. 3 its long-standing of work. WECEPs may, however, be concerns of the one employer and two enforcement position that a calendar tailored to meet the needs of other employer associations that week—12:01 a.m. Sunday through students as well. recommended that an employee’s own midnight Saturday—shall be the Section 570.35a establishes the academic schedule and individual framework for determining if a 14- or criteria that must be met in order for attendance requirements should be used 15-year-old has been employed more states to apply for and receive to determine when school is in session than 18 hours in any week when school authorization to operate a WECEP. This same section details the terms, for that minor and recognizes how such is in session or more than 40 hours in conditions, and responsibilities a position could be seen as a means of any week when school is not is session. participating states agree to assume providing minors with more work The Department agrees with several upon receiving authorization to operate experiences while addressing employer commenters who noted that applying staffing problems. But the Department is a WECEP. the same definition of the term week for As mentioned, certain provisions of concerned that such a system may not determining compliance with the give the proper emphasis to obtaining § 570.35 relating to the Reg. 3 hours minimum wage, overtime, and child standards are varied for youth enrolled an education and would make employer labor provisions of the FLSA would compliance and WHD enforcement in and employed pursuant to an make it much easier for employers to more difficult and more complicated approved WECEP. Such youth may use their payroll systems as tools and than necessary, given the broad variety work up to 23 hours in any one week tracking systems for implementing and of daily school schedules that each when school is in session and not more maintaining compliance with the child young employee could have. than 3 hours in any day when school is The Department believes that the labor requirements. Accordingly, as in session, any portion of which may be continuation and incorporation of this suggested by those commenters, the during school hours. The other enforcement position brings clarity in Department will define the term week as provisions of § 570.35 (limiting that employers need only look to the used in Reg. 3 to be the same workweek employment to no more than 8 hours a hours of operation of the local public the employer establishes for the youth day on any one day school is not in school where the minor resides to attain to determine overtime compensation session, and no more than 40 hours in compliance. It also ensures that the under 29 CFR 778.105—a fixed and any one week when school is not in consistent application of these terms for regularly recurring period of 168 session) remain applicable to the both agricultural and nonagricultural hours—seven consecutive 24-hour employment of WECEP participants. employment will continue, thereby periods. Section 570.35a also includes avoiding confusion among those Finally, the Department acknowledges provisions that allow the Administrator employers who offer both agricultural the recommendations of the DOLWD, of the Wage and Hour Division and nonagricultural employment to the Council, and the representative of discretion to grant requests for special young workers. Finally, continuation of White Hat regarding the relaxation of variances from the occupation standards this enforcement position facilitates the certain of the hours and time of day established by §§ 570.33 and 570.34. enforcement of the Reg. 3 hours restrictions of Reg. 3 to permit 14- and Several states have advised the standards by establishing a single, easily 15-year-olds to work more hours on a Department that WECEP serves its determinable standard. school day or in a school week, or later targeted audience well, helping those The Department also believes that into the evening. As noted in the NPRM, who are not academically oriented stay continuation of this enforcement the Department did not propose any in school and complete their high position is appropriate as it does not revisions to those standards. Any such school educations. However, WECEP, by provide any minor or class of minors changes, therefore, would be outside the design, does little to help those students with an incentive to leave public school scope of this rulemaking. who wish to use work experience, and or with an unfair and improper D. Work-Study Programs the wages such experiences generate, as advantage over public school youth a means to realize their academic when competing for employment. The Effective November 5, 1969, Reg. 3 potential and acquire a college Department notes the CLC’s concerns was amended to provide a variance from education. that determining when school is in some of the provisions of § 570.35 for In 2003, the Department became session by using each student’s the employment of minors 14 and 15 aware of a non-profit network of private individual academic schedule could years of age enrolled in and employed schools, hereafter referred to as the foster the development of nonpublic pursuant to a school-supervised and Network, that was operating a corporate schools or home-schooling programs administered Work Experience and work-study program for its students. created primarily to provide 14- and 15- Career Exploration Program (WECEP). The Network is an association of year-old working children to employers Although originally proposed as an private, not-for-profit college during the hours they would normally experimental program, Reg. 3 was preparatory high schools that strive to

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meet the educational needs of people in participating in a state sponsored of a fully-accredited college preparatory many economically challenged areas WECEP—and may not work more than curriculum and that the employment throughout the country. The work-study three hours on a day the local public will comply with the applicable child program was implemented to help school is in session. labor and minimum wage provisions of students offset the costs of a quality Because the Department believes that the FLSA. college preparatory education and the health, well-being, and educational Students participating in a valid develop important work experience and opportunities of 14- and 15-year-olds work-study program would be permitted socialization skills that will allow them who are academically oriented are not to work up to eighteen hours a week, a to assume leadership roles as adults. placed at risk by participation in portion of which may be during school Under the Network’s model, four structured work-study programs such as hours, in accordance with the following students share a single, full-time clerical the Network’s model—and are in fact formula that is based upon a continuous position with a private employer at a enhanced by such participation—it four-week cycle. In three of the four work place screened and selected by the proposed that Reg. 3 be revised to weeks, the participant would be school. Each youth works five full days accommodate such programs. The permitted to work during school hours per four-week period for the employer at Department proposed to allow public on only one day per week, and for no the work place—one eight-hour day and private school districts or systems more than eight hours on that day. once a week for three weeks, and two to apply to the Administrator of the During the remaining week of the four- eight-hour days every fourth week. The Wage and Hour Division for approval to week cycle, such minor would be academic schedules of the students are operate a work-study program that permitted to work during school hours carefully coordinated so that students would permit certain 14- and 15-year- on no more than two days, and for no do not miss any classes on the days they olds to work during school hours and more than eight hours on each of those work and the school year has been up to eight hours on a school day under two days. The employment of such extended beyond the standard academic specific circumstances. An individual minors would still be subject to the time schedule of the local public school to private school that was not part of a of day and number of hours standards compensate for the time the students network, district, or system would also contained in § 570.35(a)(2), (a)(3), (a)(4), spend at work. These accommodations be able to apply to participate in a work and (a)(6). ensure that students complete a fully study program. The Department received eight accredited, college preparatory The youth would have to be enrolled comments on this proposal. The Cristo curriculum that exceeds both state and in a college preparatory curriculum and Rey Network, which described itself as accrediting agency requirements. Under must receive, every year they participate ‘‘a non-profit corporation that co- the Network model, students do not in the work-study program, at least the ordinates twelve college prep high work more than eight hours a day, minimum number of hours of class schools across the country,’’ self- before 7 a.m. or after 7 p.m., and are room instruction required by the identified itself as the Network that the transported to and from their jobs by the applicable state educational agency Department describes in the NPRM. The school. The students receive at least the responsible for establishing such Cristo Rey Network was most applicable federal and state minimum standards. Participating youth would supportive of the proposal and noted wages, and applicable taxes are also be required to receive annual that its work-study program meets the withheld and reported by their classroom instruction in workplace statutory objective of permitting youth respective employers. The Network safety and child labor provisions. Home- employment only ‘‘during periods and envisioned the work-study program as schooled youth would be able to under conditions that will not interfere an integral part of the academic participate in work-study programs with their schooling or health and well program, yielding benefits on many operated by local public schools in the being’’ as required by FLSA section 3(l). different levels. Students, their parents, same manner many currently participate Cristo Rey stated ‘‘[m]eeting those and the work-study director sign an in team sports programs, band, and objectives can be quantified in Cristo agreement defining performance other extracurricular activities. Rey’s 97+% attendance rate and/or in its expectations and program support Each participating school would be graduates’ own achievements: i.e., of structures. Participating employers are required to name a teacher-coordinator 219 graduates in 2006, 212 were also required to sign an agreement to supervise the work-study program, accepted into colleges including schools defining job duties and expectations. All make regularly scheduled visits to the such as the University of California at students are required to participate in students’ work sites, and ensure that Berkley, the University of Illinois, the the work-study program, beginning with participants are employed in University of Notre Dame, the their freshman year and ending at compliance with the minimum wage University of Chicago, and Wellesley graduation. and child labor provisions of the FLSA. College; and the success continues: of The Network provided information In addition, the teacher-coordinator, the 318 graduates in 2007, 313 will attend that its model is achieving its stated employer and the student would be college this Fall.’’ Cristo Rey noted that aims. It advised the Department that 100 required to sign a written participation the schools in the Network provide an percent of the students of the 2003 agreement that details the objectives of option for private education to children graduating class of one of its schools the work-study program, describes the who are ‘‘predominantly Latino (63%) or were accepted into college. The school specific job duties to be performed by African-American (25%) and who are is located in a neighborhood where 20 the student, and the number of hours all from economically-disadvantaged percent of those attending the local and times of day that the student would families; the average family income of public school drop out annually and the be employed each week. The agreement, these students is approximately high school graduation rate of the local which must also be signed or otherwise $33,000—far too little to make private public school is 55 percent. consented to by the student’s parent or education an option absent the work- Reg. 3, as currently written, does not guardian, would also affirm that the study program that the schools in the allow 14- and 15-year-olds to participate student will receive the minimum Network have pioneered.’’ in the Network’s work-study programs. number of hours of class room The YWN disagreed with the Such youth may not work during the instruction as required by the state proposal, stating that § 570.35a already hours school is in session—unless educational agency for the completion includes provisions that allow the WHD

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to grant requests for special variances youth to work during the hours school proposal would remove this valuable from the occupation standards regarding was in session, but opposing that such learning experience from our students.’’ prohibited work, and that this should be a program be limited, as the Department The Department has carefully expanded to grant variances from the proposed, to students enrolled in a reviewed the comments and has Reg. 3 hours standards as well. The college preparatory curriculum. The decided to implement the proposal as YWN stated that this proposal benefits DOLWD recommended that the program written with two minor modifications. one single program and makes the should be expanded to include pre- The first modification involves a regulations unnecessarily complex. It apprenticeship work training programs, redesignation of the sections dealing also raises concerns that the ‘‘host and a representative of the New Jersey with both WECEP and the Work Study employer’’ might not be subject to the Department of Education (NJDOE) Program as requested by the Federal same restrictions and requirements as recommended that ‘‘determining the Register. The current § 570.35a will be any other employer who hires youth educational and eligibility requirements redesignated as § 570.36 and the and that students may be replacing a for such programs be left to state proposed § 570.35b will be issued as ‘‘regular paid employee.’’ education agencies.’’ The NJDOE also § 570.37. The second modification The CLC noted that it had several stated that the Department’s proposal to clarifies the role of the teacher- serious concerns about this proposal. It limit participation in the work-study coordinator. felt that the proposal was so narrowly program ‘‘conflicts with the federal No The Department wishes to emphasize tailored to one specific program that it Child Left Behind Act, the federal Carl that this proposal creates a new, limited, could easily bar other school systems D. Perkins Career and Technical work-study program designed to ‘‘that have similar, but not identical, Education Act, the federal Individuals accommodate the needs of a narrowly approaches’’ from taking advantage of with Disabilities Education Act, and defined population—14- and 15-year- the program. The CLC stated that state laws and regulations, which old students enrolled in a college ‘‘[w]hat is particularly troubling—and require state education agencies and preparatory curriculum at a public or what DOL does not indicate in its public schools to serve all students and private school that has been granted preamble to the proposed regulation—is provide all students with authority to operate such a program by that the only school system that appears comprehensive career education, the Department. This new program does to qualify for the proposed program is including opportunities to further not in any way negate or preclude a private Roman Catholic system.’’ The explore careers in work-based learning schools or employers from participating CLC stated that ‘‘[t]he DOL proposal activities.’’ in other preexisting or future work- raises serious questions under the First The representative of White Hat study programs, work experience and/or Amendment to the United States supported the creation of a work-study career exploration programs, Constitution, which forbids the program but suggested that charter internships, or apprenticeships that also government favoring one religious sect schools of the type he represents should comport with the provisions of the over another.’’ not be subjected to the ‘‘bureaucratic FLSA (whether with the hours The CLC also raised concerns as to requirements’’ imposed by the work- standards and time of day restrictions in whether DOL would ‘‘be able to assure study application process proposed by § 570.35 or the special WECEP rules in that no violations occur under this the Department, ‘‘which can be § 570.35a (old) and § 570.36 (new)). This system’’ and of ‘‘the secrecy of the prohibitive for some smaller schools proposal was developed and offered approval process that DOL would and which serve to take needed solely with the intent, as stated earlier adopt.’’ The CLC believed that the resources away from educational in this section, of providing reasonable proposed approval process is not instruction and helping more students.’’ and structured accommodations within sufficiently transparent and He also stated that limiting participation Reg. 3 so that academically oriented 14- recommended that DOL be required to in the proposed work-study program to and 15-year-olds could begin their publish a notice in the Federal Register students enrolled in a college pursuit of college educations through detailing every work-study program preparatory curriculum ‘‘can also have work-study programs. Participation in application and invite public comment the unintended consequence of denying the proposed work-study program is during a specified period of 30 or 60 extended work hours and compensation voluntary and it in no way conflicts days. from those who need it the most, the with other federal, state, or local The CLC also noted that the proposal undereducated.’’ programs addressing the educational would not prohibit an employer from A representative of the National needs of young workers. The concerns replacing a permanent worker at an Association of State Directors of Career of the State Directors and the NJDOE are establishment participating in the work- Technical Education Consortium (State unfounded. study program with student-workers, as Directors) apparently believed that the The Department appreciates the prohibited under the WECEP provisions adoption of the proposal contained in recommendations of several contained in § 570.35a(e). The CLC also § 570.35b would preclude anyone but a commenters that the work-study expressed concerns that the Cristo Rey student enrolled in a college preparatory program should be extended to youth Network has been operating a work- curriculum from participating in any enrolled in programs other than college study program for almost a decade and work-study program in the future. He preparatory, such as vocational questioned how much of each youth’s stated ‘‘such a rule would cripple career programs, internships, and pay check goes to Cristo Rey and how technical education (CTE) programs that apprenticeships. The Department notes much, if any, goes to the youth. Finally, have work-based learning opportunities that the already existing WECEP (see the CLC also questioned, as did the embedded within the curriculum.’’ The § 570.36 (new)) would provide those YWN, if the ‘‘host employers’’ or the same assumption was made by a teacher programs with limited exemptions from Cristo Rey High School would be at the Sunrise Mountain High School in the hours standards contained in considered the actual employers of the Peoria, Arizona who commented § 570.35(a) that are similar to the youth under the FLSA. ‘‘[t]hese internships provide our exemptions provided by the proposed The Department received several students valuable hands-on experiences work-study program. comments supporting the creation of a to help connect school and careers in a The Department also disagrees with work-study program that would allow meaningful way. The RIN 1215–AB44 the YWN and CLC comments that the

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proposed work-study program was under § 570.37 (new) to operate a work- does not supersede any more protective designed to accommodate a single study program for just one student, one state child labor requirement and program—the Cristo Rey Network. group of students, or, as in the case of employers must normally comply with Although the Cristo Rey Network work- the Cristo Rey Network, the entire the more stringent standard. study model was reviewed by the student body. Under § 570.37 (new), the Department, the proposed work-study The Department wishes to emphasize participating school district and program differs considerably from that that the development of this student- employers share the burden of ensuring model. The Department’s proposed work program was never intended to that the employment of work-study WSP, unlike the Cristo Rey model, advantage any single, private school program participants is in compliance requires annual classroom instruction in system, but was proposed for the benefit with the FLSA. When the Department workplace safety and state and federal of all academically motivated students conducts an investigation of a work- child labor provisions and rules (see enrolled in college preparatory curricula study program participating employer, it § 570.37(b)(3)(ii)), the oversight of a that can avail themselves of such a will follow its normal investigation designated teacher-coordinator required program of employment that clearly procedures to determine if the employer to make visits to the students’ facilitates, rather than interferes with, complied with child labor requirements. workplaces (see § 570.37(b)(3)(iii)), the their schooling. The Department, for The employer will be held responsible completion of a detailed written this very reason, did not specifically for any violations of the FLSA or the participation agreement (see identify the Cristo Rey Network in the child labor regulations. But the § 570.37(b)(3)(iv)), and a rigorous NPRM. It did not want the public Department considers it appropriate that certification process. The Department mistakenly to believe that participation the school district sponsoring the work- believes that these additional in the proposed work-study program study assist the employer in the both requirements, many of which would be limited to private schools, achieving and monitoring the correspond to the criteria established for public schools, or any particular compliance of the work-study program. operating a WECEP under § 570.36 religious or nonreligious sect. For Therefore, the Department has revised (new), will provide adequate protections similar reasons, the Department did not the proposed regulatory language at to all students who participate in an identify the municipalities that inquired § 570.37(b)(3)(iii) to emphasize the role approved work-study program under the about the employment of youth by state of the teacher-coordinator in confirming provisions of § 570.37 (new). The and local governments and as that the employment of the work-study Department also believes that the lifeguards, which led to the program participant complies with the certification process as proposed by the Department’s enforcement positions on child labor and minimum wage Department, which again is similar to those topics. Since publication of the requirements of the FLSA. In addition, that required of WECEP applicants, NPRM, the Department has received when a school system files a letter of provides sufficient transparency inquiries from public schools and application to renew an existing work- without requiring publication in the private schools (not part of the Cristo study program, it will be required to Federal Register or public comment. In Rey Network) about establishing work- note that the teacher-coordinator has addition, pursuant to the President’s study programs under § 570.37 (new). confirmed that the employment of commitment to openness and The Department also wishes to assure students in the work-study program has transparency,1 the Department intends both the YWN and CLC that employers been in compliance with the child labor participating in the work-study program and minimum wage provisions of the to publish the list of schools authorized authorized by § 570.37 (new) would FLSA. to operate a work-study program on the indeed be the employer of the youth The Department believes that the WHD Web site. teacher-coordinator occupies an ideal The Department also notes that the under the FLSA and held to all the Act’s position to both help the employer proposed work-study program provides minimum wage, overtime, record attain and maintain compliance with considerable flexibility to those schools keeping, and child labor provisions— the all the requirements of work-study that choose to participate. The unless subject to a specific exemption or program and assist the Department’s limitations on the number of hours that exception—as would any other employer. In fact, depending upon the enforcement efforts by confirming that participating students may be employed facts of each situation and the degree of compliance. In addition to the regularly (see § 570.37(c) (new)), though in line control the school exercises over the scheduled visits to the workplaces the with those established by the Cristo Rey employment of the participating teacher-coordinator is required to make, Network, constitute the absolute student, it is possible that the student the Department suggests that such maximum number of hours that would be considered to be jointly things as frequent interactions with the participants may be employed. employed by the host-employer and the work-study program students, program Participating schools and employers youth’s school under the FLSA (see 29 assessments and evaluations completed may choose to adopt some other CFR part 791). The FLSA would require by the students and the employers, and schedule of work hours that comport that students participating in the work- surprise or unscheduled visits to the with the established maxima—such as study program, if covered by the Act workplaces can all contribute to the one four-hour day or one six-hour day and not exempt from the minimum operation of a safe, compliant, and each workweek; or two eight-hour days wage requirements of section 6, receive positive work-study program. The each weekend; or three hours a day at the applicable minimum wage for all suggested methods of confirmation are the end of each of three school days, as hours worked. Such students may, in purely discretionary; no work-study long as those hours comply with end-of- accordance with 29 CFR 531.40, make a participating school district will be day hours standards established by voluntary assignment of their wages to penalized for not adopting them. The § 570.35(a)(6). In addition, a school a third party. The employment of Department notes that it is not imposing could apply and receive authorization students participating in the work-study any recordkeeping burdens on the program would also most likely be employers or the school districts beyond 1 January 21, 2009 Memorandum for the Heads of Executive Departments and Agencies, available at: subject to state wage requirements and those proposed in the 2007 NPRM, http://edocket.access.gpo.gov/2009/pdf/E9- child labor provisions. When state and therefore no additional estimates of 1777.pdf. federal requirements differ, the FLSA costs or burdens will be incurred that

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must be accounted for pursuant to the lines, or acting as fire lookouts or fire forestry economics and marketing, as Paperwork Reduction Act and patrolman away from the actual logging well as other forestry services not Regulatory Flexibility Act. operations—but only if such tasks do contained in another SIC such as timber The Department appreciates the not involve the felling or bucking of cruising, forest fire fighting, and concerns of both the YWN and the CLC timber, the collecting or transporting of reforestation. Establishments that that the proposed work-study program, logs, the operation of power-driven perform timber estimation and valuation unlike the WECEP, does not prohibit machinery, the handling or use of and forest fire prevention and pest participating employers from displacing explosives, and working on trestles. control are also included in SIC 085. a worker already employed in the HO 4 also provides exemptions at The Report states: ‘‘The logging employer’s establishment with a student § 570.54(a) (old and new), permitting industry * * * had the highest lifetime (see § 570.36(e) (new)). The 16- and 17-year-olds to be employed in risk of fatal injury of any industry, at 47 Department’s experience with the pilot certain sawmill, lath mill, shingle mill, deaths per 1,000 workers based on an work-study program indicates that most or cooperage stock mill occupations. analysis of National Traumatic of the jobs occupied by the students These exemptions, which do not apply Occupational Fatality Surveillance were entry-level positions created to work performed in a portable sawmill System data for 1990 and 1991. especially for the work-study program. or that entails the young worker Sawmills, planing mills, and millwork In addition, the pilot program reduced entering the sawmill building, permit * * * had the 14th highest lifetime risk the number of jobs being occupied by 16- and 17-year-olds employed in of 5.8 deaths per 1,000 workers’’ (see student participants by requiring that occupations in the operation of NIOSH Report, page 28). The Report four students share a single full-time sawmills, lath mills, shingle mills, or also documents that the forestry position. The Department expects that cooperage stock mills to work in offices industry has a high fatality rate as well, its experiences under the new work- or in repair or maintenance shops; to and workers face injury risks similar to study program will be similar. It straighten, mark, or tally lumber on the those of logging workers. Citing data believes that encouraging employers to dry chain or the dry drop sorter; pull from the Census of Fatal Occupational create such multiple employment lumber from the dry chain; to clean up Injuries (CFOI), the Report identified 82 opportunities for youth who qualify for the lumberyard; to pile, handle, or ship fatalities of workers between 1992 and participation in the work-study program cooperage stock in yards or storage 1997 employed in the forestry industry warrants this flexibility. sheds other than operating of or as a whole, which includes assisting in the operation of power- establishments primarily engaged in the E. Logging Occupations and driven equipment; to perform clerical operation of timber tracts, tree farms, Occupations in the Operation of Any work in the yards or shipping sheds, forest nurseries and those providing Sawmill, Lath Mill, Shingle Mill, or such as done by ordermen, tally-men, related forest service activities such as Cooperage Stock Mill (Order 4) (29 CFR and shipping clerks; to perform clean- cruising and estimating timber, 570.54) up work outside shake and shingle reforestation, fire prevention and fire HO 4 generally prohibits minors 16 mills, except when the mill is in fighting, pest control, timber valuation, and 17 years of age from being operation; to split shakes manually from and the gathering of forest products. employed in most occupations in precut and split blocks with a froe and Transportation incidents were the most logging and in the operation of a mallet, except inside the mill building common fatal event among forestry sawmill, lath mill, shingle mill or or cover; to pack shakes into bundles workers, accounting for 43 of the 82 cooperage stock mill. The HO was when done in conjunction with splitting deaths (see NIOSH Report, page 30). created because of the extremely high shakes manually with a froe and mallet, Although the Report notes that there numbers of occupational fatalities and except inside the mill building or cover; was almost no data specific to workers injuries that were experienced by and to manually load bundles of 16 and 17 years of age, the CFOI workers of all ages in these industries. shingles or shakes into trucks or railroad identifies 35 deaths in timber tract HO 4 currently provides exemptions cars, provided that the employer has on operations for all age groups between that allow 16- and 17-year-olds to file a statement from a licensed doctor 1992 and 1997 and 39 deaths in forestry perform some occupations within the of medicine or osteopathy certifying the service operations for all age groups logging industries. Such minors may minor capable of performing this work during the same period. Forestry perform work in offices or repair or without injury to himself. workers also experienced fatal injuries maintenance shops. They may work in The NIOSH Report recommends that such as those typically associated with the construction, operation, repair, or the Department not only retain HO 4, the logging industry; in 26 of the 82 maintenance of living and but expand its coverage to include work fatalities the worker was struck by a administrative quarters of logging in the operation of timber tracts falling object (a tree in all but one camps. They may work in the peeling of (Standard Industrial Classification (SIC) instance). In addition, NIOSH also was fence posts, pulpwood, chemical wood, 081) and forestry services (SIC 085) able to identify 16 additional deaths of excelsior wood, cordwood, or similar because of the high number of fatalities workers of all ages that were attributable products when not done in conjunction occurring in such operations (see to forest fire fighting activities (see with and at the same time and place as NIOSH Report, page 27). The SIC NIOSH Report, page 30). other logging occupations declared industry group of timber tracts NIOSH notes that work in SIC 083, hazardous by HO 4. They may work in encompasses establishments primarily forest nurseries and gathering of forest the feeding and care of animals. Finally, engaged in the operation of timber tracts products, is associated with very small they may work in timber cruising, or tree farms for the purpose of selling numbers of fatalities and should not be surveying, or logging engineering standing timber, including those prohibited by HO 4. SIC 083 parties; in the repair or maintenance of establishments that grow Christmas encompasses those establishments roads, railroads, or flumes; and in forest trees. The SIC industry group of forestry primarily engaged in growing trees for protection, such as clearing fire trails or services encompasses establishments purposes of reforestation or in gathering roads, piling and burning slash, primarily engaged in performing, on a forest products. The concentration or maintaining fire-fighting equipment, contract or fee basis, services related to distillation of these products, when constructing and maintaining telephone timber production, wood technology, carried out in the forest, is also included

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in this industry. Examples of industries information that would help it identify the provisions of section 13(c)(7) in the or activities included in SIC 083 are the which occupations or tasks within the same manner, and using the same gathering of balsam needles, ginseng, timber tract, tree farm, and forestry definitions and interpretations, as it huckleberry greens, maple sap, moss, services industries are not particularly proposed when discussing revisions to Spanish moss, sphagnum moss, hazardous to youth. Reg. 3, above. teaberries, and tree seeds; the The Department proposed to revise The term all occupations in the distillation of gum, turpentine, and HO 4 to add a prohibition on the operation of any sawmill, lath mill, rosin if carried on at the gum farm; and employment of youth 16 and 17 years of shingle mill, or cooperage stock mill, as the extraction of pine gum. It should age in forest fire fighting and forest fire defined by HO 4, specifically excludes also be noted that section 13(d) of the prevention occupations to the current work performed in the planing-mill FLSA already provides an exemption prohibitions on logging occupations, department or other remanufacturing from the Act’s minimum wage, and occupations in the operation of any departments of any sawmill, or in any overtime, and child labor provisions to sawmill, lath mill, shingle mill, or planing mill or remanufacturing plant any homeworker engaged in the making cooperage stock mill. The Department not a part of a sawmill. Although not of wreaths composed principally of proposed to revise the title of HO 4 to defined in the regulations, the natural holly, pine, cedar, or other reflect these changes. Department has, since at least 1942, evergreens (including the harvesting of Under the proposal, all occupations in considered the term remanufacturing the evergreens or other forest products forest fire fighting and forest fire departments to mean those departments used in making such wreaths). prevention would include the of a sawmill where lumber products The Report also recommends that the controlling and extinguishing of fires, such as boxes, lawn furniture, and the Department remove the current the wetting down of areas or like are remanufactured from previously exemption that permits 16- and 17-year- extinguishing of spot fires, and the cut lumber. The kind of work performed olds to work in the construction of patrolling of burned areas to ensure the in such departments is similar to that living and administrative quarters of fire has been extinguished. The term done in planing mill departments in logging camps. The Report states: would also include the following tasks that rough lumber is surfaced or made ‘‘Construction work has high risks for when performed in conjunction with, or into other finished products. The term fatal and nonfatal injuries and should in support of, efforts to extinguish a fire: is not intended to denote those not be exempted in the construction of The piling and burning of slash; the operations in sawmills where rough living or administrative quarters at clearing of fire trails or roads; the lumber is cut to dimensions. Because logging sites or mills’’ (see NIOSH construction, maintenance, and the Department has, over the years, Report, page 27). The Department patrolling of fire lines; acting as a fire received requests for clarification as to sought public comments about this lookout or fire patrolman; and tasks the meaning of remanufacturing issue in the ANPRM that was published associated with the operation of a departments, it proposed to add the concurrently with the NPRM on April temporary fire fighting base camp. The above definition to HO 4. 17, 2007 (72 FR 19328). proposed prohibition concerning the The Department also proposed to As mentioned earlier, the employment of youth in forest fire revise HO 4 to include all the Consolidated Appropriations Act, 2004 fighting and forest fire prevention definitions necessitated by the (Pub. L. 108–199), amended the FLSA would apply to all forest locations and incorporation of the provisions of FLSA by creating a limited exemption from buildings located within the forest, not section 13(c)(7) as discussed earlier in the child labor provisions for minors 14 just where logging or sawmilling takes this document. In addition, the to 18 years of age who are excused from place. The Department notes that, Department proposed to restructure all compulsory school attendance beyond because the FLSA does not cover the definitions in HO 4 in an the eighth grade. The exemption, individuals who volunteer to perform alphabetical sequence to comport with contained in section 13(c)(7) of the services for state or local government guidance provided by the Federal FLSA, allows eligible youth, under agencies when the provisions in section Register. specific conditions, to be employed by 3(e)(4) are met, this proposal would not The Department decided not to businesses that use machinery to prohibit 16- and 17-year-old volunteers address, in the NPRM, the NIOSH process wood products, but does not from donating their forest fire fighting Report recommendation to remove the allow such youth to operate or assist in services to state and local governments. HO 4 exemption that permits 16- and operating power-driven woodworking The Department also proposed to 17-year-olds to work in the construction machines. This exemption necessitates incorporate into HO 4 the provisions of of living and administrative quarters of that the Department revise both Reg. 3 the Consolidated Appropriations Act, logging camps. This is because the and HO 4. 2004 (Pub. L. 108–199), which amended Report also recommended the creation The Department agreed with the the FLSA by creating a limited of a new HO that would prohibit all NIOSH Report recommendation that HO exemption from the child labor work in construction occupations 4 should be expanded to cover work in provisions for certain minors 14 through which, if adopted, would impact the forest fire fighting and forest fire 17 years of age who are excused from provisions of not only HO 4 but several prevention because of the risks inherent compulsory school attendance beyond other HOs. The Department believes in those occupations. The Department the eighth grade. The exemption, additional information is needed before also considered adopting NIOSH’s contained at section 13(c)(7) of the it can address such a broad recommendation that the employment FLSA, overrides the HO 4 prohibition recommendation that would impact all of 16- and 17-year-olds be prohibited in against 16- and 17-year-olds performing construction occupations. In an attempt the operation of timber tracts, tree any work in the sawmill industry that to obtain such additional information, farms, and forestry services, but was entails entering the sawmill building by the Department requested public concerned that such youth may be able permitting certain youth to be employed comment on this subject in the 2007 to be safely employed in certain facets inside and outside of places of business ANPRM. or occupations within those industries. where machinery is used to process The Department received five Therefore, the Department requested in wood products. The Department comments addressing this proposal. The the NPRM that the public provide proposed to revise HO 4 to incorporate DOLWD stated it was in agreement with

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the NIOSH recommendations, except pruning shears * * * These workers note that such work is prohibited not that it believed that 16- and 17-year- also cut the trees with a chainsaw and only in all forest and timber tract olds, after completion of the ten-hour drag them from the cutting area and locations, but also in logging operations, construction safety and health course then load them on to a truck. The CLC and sawmill operations, including all certified by OSHA, could safely be strongly urges DOL not to permit buildings located within such areas. employed to work in the construction of children under 18 to do any of this The revisions the Department living and administrative quarters of work, much of which is already proposed to § 570.54(a)(1) (old) that logging camps. The DOLWD also prohibited.’’ removed paragraph (iii) of that recommended that an exception be Finally, the YWN, AFL–CIO, and the subsection evidenced the Department’s granted allowing such youth ‘‘to be CLC all encouraged the Department to intention to prohibit 16- and 17-year- employed in logging camp support revise its proposal and accept the olds from employment in most timber positions such as cook, janitor, etc.’’ NIOSH recommendation to prohibit the tract and forestry service occupations. The Director of Human Capital employment of 16- and 17-year-olds in The previous § 570.54(a)(1)(iii) Management of the U.S. Department of the constructing and repairing of living specifically excluded from the list of Agriculture’s Forest Service stated that or administrative quarters of logging logging tasks deemed to be particularly the Forest Service applauded the camps. The CLC also argued that hazardous to young workers who work Department of Labor’s proposal that language in the proposed HO 4 is in timber cruising, surveying or logging- would prohibit 16- and 17-year-olds changed from the current rule and engineering parties; work in the repair from performing fire fighting duties. The contradicts itself in that § 570.54(a) or maintenance of roads, railroads, or Forest Service did, however, declares all occupations in logging to be flumes; and work in forest protection, recommend that the proposal be revised particularly hazardous; that the such as clearing fire trails or roads, to permit such youth to work in forest definition of all occupations in logging piling and burning slash, maintaining protection-type activities, which it sees contained in § 570.54(b) includes the fire-fighting equipment, constructing as non-hazardous, such as clearing fire constructing, repairing, and maintaining and maintaining telephone lines, or trails or roads, maintaining fire fighting of camps used in connection with acting as fire look-out or fire patrolman equipment, and acting as a fire lookout logging; and § 570.54(a)(1)(ii) permits away from the actual logging operation. or fire patrolman. The Forest Service youth to perform such work. By removing this subsection, the also noted that it ‘‘currently uses 16- and The Department has carefully Department removes the exception for 17-year-old Job Corps employees and reviewed all the comments and has timber tract and forestry service private contractors in our fire camps to decided to adopt the proposal with occupations. perform such tasks as building certain modifications that will clarify The Department, in its 2007 NPRM, platforms for tents, stocking commissary the Final Rule. First, the Department has specifically requested public comments items, performing timekeeping activities been persuaded by the comments of the as to which occupations or tasks within and providing food services.’’ Forest Service and the DOLWD that 16- the timber tract, tree farm, and forestry The AFL–CIO, YWN, and CLC all and 17-year-olds can safely be employed service industries, if any, are not supported the proposed changes to in certain capacities in forest protection particularly hazardous or detrimental to prohibit the employment of young and in the operation of fire fighting base the health and well-being of youth (see workers in forest fire fighting and forest camps. The Department now concurs 72 FR 19351). It was the Department’s fire prevention occupations. All three that employment at such camps, which intention to qualify in the Final Rule also expressed their disappointment are purposely located considerable which occupations, if any, would be that although the Department distances from forest fires, when in permitted for 16- and 17-year-olds after considered adopting NIOSH’s compliance with all other Hazardous the comments were reviewed. No recommendation that the employment Occupations Orders, is not particularly comments were received that identified of 16- and 17-year-olds be prohibited in hazardous or detrimental to the health any tasks in these industries as being the operation of timber tracts, tree or well-being of 16- and 17-year-olds. safe for minors to perform. farms, and forestry services, it did not Such employment is very similar to that The Department believes that despite do so. All three commenters provided involved with the operation of logging the lack of comments, 16- and 17-year- rationales for adopting this NIOSH camps, occupations that 16- and 17- olds can safely perform certain tasks recommendation, which included year-olds have been permitted to within the timber tract, tree farm, and examples of tasks and exposures perform for many years. Accordingly, forestry service industries. Such youth commonly associated with such the Department has revised the should be permitted to perform many of industries that they consider to be regulatory language in § 570.54(a)(2). the tasks that HO 4 has long permitted hazardous. For example, the AFL–CIO The Final Rule also provides that 16- youth employed in logging to perform: noted that ‘‘[w]orking in the forest and 17-year-olds may perform such fire Working in offices and in repair or industry can involve working at heights prevention tasks as the clearing of fire maintenance shops; work in the * * * These workers also cut the trees trails or roads; the construction, construction, operation, repair, or with a chainsaw and drag them from the maintenance, and patrolling of fire maintenance of living and cutting area to a truck and then load lines; the maintaining of fire fighting administrative quarters, constructing them on to a truck. The AFL–CIO equipment; acting as a fire lookout or and maintaining telephone lines; and strongly urges DOL not to permit fire patrolman; and the piling and work in the feeding or care of animals. children under 18 to do any of this burning of slash. However, such tasks In addition, youth employed in timber work. Other forestry workers gather are permitted only when not performed tract, tree farm, and forestry service products which requires them to climb in conjunction with extinguishing a industries should be permitted to trees * * * children under 18 should forest fire. The Department believes the perform tasks related to forest marketing not be able to work at heights in timber hazards associated with the activities of and forest economics that are not tracts or tree farms.’’ The CLC extinguishing a forest fire warrant this performed in a forest. Finally, as commented that ‘‘[w]orking in the prohibition and has clarified the mentioned above, such youth should forestry industry can involve working at definition of all occupations in forest also be permitted to perform certain heights * * * using machetes and fire fighting and forest fire prevention to tasks related to forest fire fighting and

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forest fire prevention, when not include work in forest nurseries, materials that may not be included in performed in conjunction with the establishments primarily engaged in the current definition of power-driven extinguishing of a fire, such as the growing trees for purposes of woodworking machines contained in clearing of trails or roads; the reforestation. The term shall not include HO 5, such as trees, logs, and lumber. construction, maintenance, and the gathering of forest products such as Accordingly, the Department proposed patrolling of fire lines; acting as a fire balsam needles, ginseng, huckleberry to amend the definition of power-driven lookout or fire patrolman; and tasks greens, maple sap, moss, Spanish moss, woodworking machines to include those associated with the operation of a fire sphagnum moss, teaberries, and tree machines that process trees, logs, and fighting base camp. seeds; the distillation of gum, lumber. To ensure consistency, the The Department has revised the turpentine, and rosin if carried on at the Department proposed that this single regulatory language proposed in the gum farm; and the extraction of pine definition of power-driven NPRM for HO 4 at § 570.54(a) to make gum. woodworking machines be included in it clear that the employment of 16- and All occupations in timber tracts § 570.34(m) (Reg. 3), § 570.54 (HO 4), 17-year-olds to perform most jobs in means all work performed in or about and § 570.55 (HO 5). timber tract, forestry service, and tree establishments that cultivate, manage or The Department also proposed to farm operations are prohibited. The sell standing timber. The term includes restructure the two definitions in this revisions also simplify the section by work performed in timber culture, section to reflect an alphabetical combining, clarifying, and condensing timber tracts, timber-stand sequence in accordance with guidance previous subsections. The Department improvement, and forest fire fighting provided by the Federal Register. notes that the use of Standard Industrial and fire prevention. It would also The Department received three Codes by the NIOSH Report was helpful include work on tree farms, except those comments on this proposal. The in identifying the different occupations tree farm establishments that meet the AFL–CIO and YWN agreed with the and industries that could be impacted definition of agriculture contained in 29 Department’s proposal to amend the by the Department’s HO. But because U.S.C. 203(f). definition of power-driven many of the occupations and tasks F. Occupations Involved in the woodworking machines to include those addressed by the Final Rule either Operation of Power-Driven Wood machines that process trees, logs, and appear in more than one code or are not Working Machines (Order 5) (29 CFR lumber. The YWN also recommended included in the codes listed in the 570.55) that the proposed definition of power- Report, the Department did not use driven woodworking machines be those codes in formulating the HO 5 generally prohibits the revised to permit 16- and 17-year-olds to definitions used in the Final Rule. The employment of 16- and 17-year-olds in use small hand-held battery-operated Department has added language to occupations involving the operating, drills that accommodate bits no larger § 570.54(a) to make it clear that the setting up, adjusting, repairing, oiling, than 3⁄8″ and hand-held oscillating- or limited exceptions to HO 4 listed in that or cleaning of power-driven vibrating-type sanders. paragraph do not include any work that woodworking machines. It also would be prohibited by any other HO prohibits the occupations of off-bearing The CLC, YWN, and AFL–CIO contained in subpart E. The Department from circular saws and from guillotine- expressed disappointment that the also added clarifying statements to action veneer clippers. As previously Department did not adopt NIOSH’s § 570.54(a)(8) regarding the types of mentioned, FLSA section 13(c)(7) now alternative recommendation that the work that 14-year-olds employed under permits certain minors who are at least Department rewrite HOs 5, 8, and 12, the provisions of FLSA section 13(c)(7) 14 years of age and under the age of 18 which respectively address machines may perform inside a sawmill. As years to be employed inside and outside that work with wood, metal, and paper, discussed earlier, similar clarifying of places of business where machinery by merging them into a single or language was added to § 570.34(m)(2). is used to process wood products, but multiple HOs which address the The Department has also moved the does not allow such youth to operate or function of the machines rather than the definition of portable sawmill contained assist in operating power-driven material processed (see NIOSH Report, within § 570.54(a)(2) (old) to the woodworking machines. page 31). Definitions section (§ 570.54(b) (new)). The term power-driven woodworking After carefully reviewing the In addition to changing the title of HO machines has long been defined in comments, the Department has decided 4 to accommodate this revision, the § 570.55(b) to mean all fixed or portable to adopt the proposal as written. The Department has also added definitions machines or tools driven by power and Department did not request, nor does it of the terms all occupations in forestry used or designed for cutting, shaping, possess, data regarding whether 16- and services and all occupations in timber forming, surfacing, nailing, stapling, 17-year-olds can safely operate portable tracts to § 570.54(b). The Department wire stitching, fastening, or otherwise drills or sanders, or what requirements has also replaced the words firefighting assembling, pressing, or printing wood should be imposed to ensure their safe and firelines in the Final Rule with the or veneer. Although FLSA section operation by young workers. words fire fighting and fire lines. 13(c)(7) does not impact the Accordingly, it cannot adopt the All occupations in forestry services prohibitions of HO 5 because eligible recommendation of the YWN at this shall mean all work involved in the youth are still prevented from operating time. The Department notes that it is support of timber production, wood power-driven woodworking machinery, exploring the feasibility of adopting technology, forestry economics and it does expand the types of workplaces NIOSH’s alternative recommendation marketing, and forest protection. The where certain youth may be employed that certain power-driven equipment be term includes such services as timber to include sawmills, lath mills, shingle prohibited based on function rather than cruising, surveying, or logging- mills, and cooperage stock mills as well on the material being processed. engineering parties; estimating timber; as other workplaces the Department’s Because of the complexity of the issue timber valuation; forest pest control; Final Rule includes under Reg. 3 and and in the hopes of obtaining additional forest fire fighting and forest fire HO 4. Employees at these newly information, the Department requested prevention as defined in this section; permitted work sites routinely use public comment on this and reforestation. The term shall not power-driven equipment that process recommendation in the ANPRM that

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was published in conjunction with, and long interpreted tending to include less than one ton has the potential to on the same day as, the NPRM. riding upon the power-driven cause injury or death as a result of equipment. HO 7, however, prohibits falling, or being improperly rigged or G. Occupations Involved in the older youth only from operating high- handled. Hoist-related fatalities of Operation of Power-Driven Hoisting lift trucks such as forklifts. Since 1999, young workers have been reported, Apparatus (Order 7) (29 CFR 570.58) the WHD has investigated at least three including a recent case in which a youth HO 7 generally prohibits 16- and 17- incidents where youth under 18 years of was killed while operating a half-ton year-olds from employment in age were seriously injured while riding capacity hoist’’ (see NIOSH Report, page occupations that involve the work of: (1) on forklifts being operated by other 36). Operating an elevator, crane, derrick, employees. One 16-year-old who was The Department proposed to hoist, or high-lift truck except such riding on the tines of a forklift suffered implement all five of the Report youth may operate unattended especially serious injuries to his liver recommendations concerning HO 7. automatic operation passenger elevators and pancreas as a result of being pinned Sections 570.58(a)(1) and (a)(2) would and electric or air operated hoists not against a wall when the driver was be revised to reflect that in addition to exceeding one ton capacity; (2) riding unable to stop the forklift. work involved with operating the on a manlift or on a freight elevator, The Report also recommends that HO named equipment, the work of tending, except a freight elevator operated by an 7 be expanded to prohibit work from riding upon, working from, servicing, assigned operator; and (3) assisting in truck-mounted bucket or basket hoists repairing or disassembling such the operation of a crane, derrick or hoist commonly termed ‘‘bucket trucks’’ or equipment would also be prohibited. performed by crane hookers, crane ‘‘cherry pickers’’ because worker Section 570.58(a)(3) would be chasers, hookers-on, riggers, rigger fatalities are associated with work from eliminated because its provisions would helpers, and like occupations. such equipment (see NIOSH Report, now be contained in the revised The NIOSH Report recommended that page 36). The Report specifically notes § 570.58(a)(1). The work of assisting in the Department expand HO 7 to prohibit the risk of falls and electrocution being the operation of a crane, derrick, or the repairing, servicing, and linked with such equipment. The hoist would be prohibited because such disassembling of the machines and Report, citing CFOI data, reflects that tasks fall within the scope of tending of assisting in tasks being performed by the there were 99 worker deaths associated equipment. The exemption contained in machines named in the HO. Assisting in with truck mounted bucket or basket § 570.58(a)(1) permitting youth to tasks being performed by the machines hoists between 1992 and 1997 (see operate and ride inside passenger would be tending the machines. The NIOSH Report, page 37). elevators would be retained, but the Report shows that a substantial number In addition, the Report recommends exemption that currently allows 16- and of deaths and injuries are associated that HO 7 be expanded to prohibit 16- 17-year-olds to operate an electric or air- with operating and assisting in tasks and 17-year-olds from employment operated hoist not exceeding one ton performed by power-driven hoisting involving certain commonly used capacity would be eliminated as per the apparatus, including deaths of youth manlifts—especially aerial platforms— Report recommendation. (see NIOSH Report, page 36). that do not meet the current definition The Department also proposed to Additionally, a considerable number of of manlift contained in the HO. The reformat the definitions section deaths were associated with activities Report contends that such manlifts contained in HO 7 to reflect an not directly related to operation of the appear to pose more significant injury alphabetical sequence in accordance hoisting apparatus, notably servicing, risk than those traditionally prohibited with guidance provided by the Federal repairing, and disassembling. Currently, by HO 7 (see NIOSH Report, page 36). Register. In addition, the Department the work of repairing, servicing, HO 7 defines a manlift as a device proposed to revise the definition of disassembling, and tending the intended for the conveyance of persons manlift so that, as recommended by the machines covered by HO 7 is prohibited that consists of platforms or brackets Report, it incorporates those pieces of to 14- and 15-year-olds under Reg. 3 at mounted on, or attached to, an endless equipment that perform the same § 570.33(b) (old) and § 570.33(c) (new). belt, cable, chain or similar method of functions as manlifts but that do not Under HO 7, 16- and 17-year-olds may suspension; such belt, cable or chain currently fall within the prohibitions of currently perform such work, except operating in a substantially vertical the HO. The proposed definition they may not assist in the operation of direction and being supported by and included a statement that the term a crane, derrick, or hoist as defined by driven through pulleys, sheaves or manlift shall also include truck- or the HO. sprockets at the top and bottom. The equipment-mounted aerial platforms The Report also recommends that HO Report is correct that this current commonly referred to as scissor lifts, 7 be expanded to prohibit youth from definition of manlift does not include, boom-type mobile elevating work riding on any part of a forklift as a and therefore does not prohibit, 16- and platforms, work assist vehicles, cherry passenger (including the forks) and from 17-year-olds from operating or tending pickers, basket hoists, and bucket working from forks, platforms, buckets, aerial platforms and other manlifts such trucks. or cages attached to a moving or as scissor lifts, boom-type mobile The Department also proposed to stationary forklift. The Report notes that elevating work platforms, work assist revise the definition of high-lift truck to substantial numbers of fatalities occur vehicles, cherry pickers, basket hoists, incorporate a long-standing enforcement among workers who are passengers on and bucket trucks. position that industrial trucks such as forklifts, riding on the forks, or working The Report also recommends that HO skid loaders, skid-steer loaders, and from the raised forklift attachments (see 7 be revised to eliminate the exemption Bobcat loaders are high-lift trucks as NIOSH Report, page 36). Currently, 14- that permits 16- and 17-year-olds to defined by HO 7. Although not and 15-year-olds are prohibited from operate an electric or air-operated hoist specifically named as high-lift trucks in riding on forklifts because Reg. 3 not exceeding one-ton capacity. The the current HO 7, such equipment meets prohibits such youth from operating or Report states that current injury and the definition of high-lift trucks because tending hoisting apparatus and any fatality surveillance systems do not each is ‘‘a power-driven industrial type power-driven machines other than provide sufficient detail to justify this of truck * * * equipped with a power- office equipment. The Department has exemption. ‘‘A hoisted load weighing operated lifting device * * * capable of

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tiering loaded pallets or skids one above was serving as a ‘‘spotter’’ and assisting processed for serving to customers using the other.’’ The Department has opined the operator of the forklift. machines prohibited by the HO. on this matter, in writing, since at least The Department appreciates the Included on the list of prohibited 1993. By adding skid loaders, skid-steer comments of the YWN, AFL–CIO, and power-driven meat processing machines loaders, and Bobcat loaders to the CLC and has decided to adopt the are meat patty forming machines, meat definition of high-lift trucks, the proposal with slight modifications and bone cutting saws, meat slicers, Department believes it will clarify the designed for clarification. The knives (except bacon-slicing machines), requirements for compliance with HO 7. Department will add backhoes and headsplitters, and guillotine cutters; The Department has successfully front-end loaders to the examples of snoutpullers and jawpullers; skinning defended this enforcement position, high-lift trucks contained in § 570.58(b) machines; horizontal rotary washing most recently in a case where minors as recommended by the YWN. The machines; casing-cleaning machines were employed to operate a skid-steer Department will also clarify in such as crushing, stripping, and loader to clean trailers used to haul § 570.58(a)(1) and (2) that the term finishing machines; grinding, mixing, livestock. In addition to affirming the tending includes assisting in the chopping, and hashing machines; and Department’s position that a skid loader hoisting tasks being performed by the presses (except belly-rolling machines). was a ‘‘high-lift truck’’ within the equipment, to add clarity as The term operation includes setting-up, meaning of HO 7, the court also found recommended by the CLC. adjusting, repairing, oiling, or cleaning that the youths’ operation of the The Department believes additional such machines, regardless of the equipment violated the HO even though information is needed before it can product being processed by the the youth did not operate or utilize the determine whether 16- and 17-year-olds machine. For example, HO 10 prohibits loader’s hoisting device but used the who operate hydraulic grease racks are a minor from operating a meat slicer in skid-steer loader as a ‘‘scraper’’ (see at risk and notes it requested public a restaurant to cut cheese or vegetables. Lynnville Transport, Inc. v. Chao, 316 F. comment on this issue in 2007. In addition, the Department has, as early Supp. 2d 790 (S.D. Iowa 2004)). Accordingly, adoption of the as 1991, interpreted the prohibition on recommendations of the YWN and The Department received three cleaning such machines as precluding AFL–CIO that HO 7 also prohibit the comments on this proposal. The YWN, 16- and 17-year-olds from performing operation of such equipment would be AFL–CIO, and CLC supported all the hand or machine washing of parts of premature. elements of the proposal, with and attachments to power-driven meat additional recommendations. The YWN H. Occupations in the Operation of processing machines, even when the and AFL–CIO suggested that HO 7 be Power-Driven Meat-Processing Machines machine was disassembled and expanded to prohibit 16- and 17-year- and Occupations Involving reassembled by an adult. This provision olds from working with hydraulic grease Slaughtering, Meat Packing or is designed to prevent such youth from racks, though the YWN recommended Processing, or Rendering (Order 10) (29 being injured by contact with the that an exception be made to permit CFR 570.61) machines’ sharp blades and cutting automotive repair students in HO 10 generally prohibits 16- and 17- surfaces. HO 10 provides a limited cooperative education programs who year-olds from being employed in all exemption that permits the employment have been properly trained and receive occupations in or about slaughtering, of apprentices and student-learners appropriate supervision to ‘‘work meat packing or processing under the conditions prescribed in around these racks’’ but not to operate establishments, and rendering plants. § 570.50(b) and (c). them. The YWN also noted that ‘‘back The HO also prevents such minors from The NIOSH Report recommends that hoes’’ and ‘‘front-end-loaders’’ would fall performing all occupations involved in HO 10 be expanded to prohibit work in within the definition of high-lift trucks the operation or feeding of several all meat products manufacturing and recommended, for the sake of power-driven meat processing machines industries including those engaged in clarity, that the Department specifically when performed in slaughtering and the processing of sausages and/or other name them in the revised § 570.58(b). meat packing establishments, as well as prepared meat products and those The CLC noted that the NIOSH Report in wholesale, retail, or service engaged in poultry slaughtering and/or recommended that HO 7 prohibit 16- establishments. The term slaughtering processing (see NIOSH Report, page 41). and 17-year-olds from employment that, and meat packing establishments is The rationale for this recommendation among other things, included ‘‘assisting defined in HO 10 to mean places in is that although injury fatality rates in in tasks being performed’’ by the power- which cattle, calves, hogs, sheep, lambs, meat products manufacturing industries driven hoisting equipment. The CLC goats, or horses are killed, butchered, or are relatively low, rates of disorders due took issue with the Department’s processed. The term also includes to repeated trauma are extremely high. statement that assisting in tasks being establishments that manufacture or This is also true for poultry processing performed by the machines would process meat products or sausage casing which is not encompassed in the constitute tending—an activity from such animals. Under the existing existing HO. In addition, there are a prohibited by the proposal. The CLC regulation, the term does not include number of diverse and serious health recommended that the Department establishments that process only hazards associated with the slaughtering clarify the proposal by specifically poultry, rabbits, or small game. The of animals and manufacturing of meat adding ‘‘assisting in tasks being term retail/wholesale or service products, including exposure to performed by the equipment’’ to the establishments, as defined in HO 10, infectious agents and respiratory language of the Final Rule. The includes establishments where meat or hazards. The Report notes that in 1997 importance of this recommendation was meat products are processed or handled, there were an estimated 13,646 poignantly demonstrated by the August such as butcher shops, grocery stores, occupational injuries and illnesses 2008 death of a 17-year-old in Georgia restaurants, quick service resulting in days away from work who was crushed to death when a one- establishments, hotels, delicatessens, among employees in the meat products ton electrical inverter box fell from a and meat locker (freezer-locker) manufacturing industry. Although the fork lift. The minor was not operating companies, and establishments where greatest number of these injuries and the forklift at the time of his death but any food product is prepared or illnesses occurred in meat packing

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plants (5,526), establishments that buffalo and deer to the lists of animals The Department also decided not to produce sausages and prepared meats contained in the definitions of the terms propose implementation at this time of experienced 4,147 injuries and illnesses, killing floor and slaughtering and meat the Report recommendation concerning and poultry slaughtering and processing packing establishments and to note that limiting the current apprenticeship and establishments experienced 3,937 that these lists are not exhaustive. The student-learner exemption contained in same year (see NIOSH Report, page 43). Department also proposed to revise the HO 10 to retail, wholesale and service In 1999, the Department investigated the title of HO 10 to reflect its expansion to industries. The apprenticeship and death of a young poultry processing the slaughtering of poultry, and the student learner exemptions contained in worker in Arkansas and the serious processing, packing, and rendering of certain HOs were developed relatively injury of a similarly employed minor in poultry and poultry products. The independently of each other as each HO Missouri who injured both of his legs current HO 10 exemption permitting the was adopted. The issue of allowing when he slipped and fell into an auger. killing and processing of rabbits or certain training exemptions from the The minor also suffered severe nerve small game in areas physically HOs first arose in the early 1940s, after damage and second degree burns. separated from the killing floor would the enactment of the first six HOs. HO The Report also recommends that HO not be changed. 5 was amended to permit the 10 be revised to allow 16- and 17-year- The Department also proposed to employment of student learners and olds to operate and feed power-driven revise § 570.61(a)(4) to incorporate its apprentices, but HOs 1 through 4 were meat and food slicers in retail, interpretation that the prohibition not. Each committee convened wholesale and service industry against 16- and 17-year-olds cleaning thereafter to study, draft, and implement establishments. This is one of the few power-driven meat processing machines a new HO developed its own criteria for recommendations the Report makes that extends to washing the machine’s parts determining the appropriateness of would relax current prohibitions, and it and attachments, even if the machine is including apprentice and student- is made with the rationale that disassembled and reassembled by an learner exemptions and was not ‘‘although data show high numbers of adult. This proposal, however, would restricted by the determinations made injuries associated with power-driven not prevent a 16- or 17-year-old from by previous committees. The Report slicers, the injuries appear to be operating a commercial dishwasher to makes several recommendations relatively minor.’’ NIOSH includes the run a self-contained rack containing concerning the establishment, revision, caveat that if this recommendation is parts of or attachments to a power- and elimination of apprenticeship and implemented ‘‘it should be accompanied driven meat processing machine student-learner exemptions, but the by a mandatory reporting period in through the dishwasher so long as the rationale for each recommendation which all serious youth injuries and youth does not actually handle or touch either is vague or is not provided. The deaths resulting from previously the machine parts or attachments. Department believes that before any prohibited activities are promptly The Department also proposed to changes to the existing exemptions are reported to the U.S. Department of reformat, in an alphabetical sequence, made, it is important to consider and Labor.’’ Such a reporting plan would all the definitions found in § 570.61(b) develop criteria for determining when allow an assessment as to whether the to comport with guidance provided by apprenticeship and student-learner revision should be rescinded or further the Federal Register. exemptions are appropriate. Such refined to best protect working youth The Department decided not to criteria, which must be consistent with (see NIOSH Report, page 48). propose implementation of the Report the established national policy of Finally, the Report recommends that recommendation that would allow 16- balancing the benefits of employment the apprenticeship and student-learner and 17-year-olds to operate and feed opportunities for youth with the exemption contained in HO 10 be power-driven meat and food slicers in necessary and most effective safety restricted to apply only to 16- and 17- retail, wholesale and service industry protections, will also be of value as the year-olds employed in retail, wholesale, establishments. Both the Report and the Department considers creating new and service industries. The Report Department’s enforcement experience HOs. Accordingly, the Department recommends that this exemption no reflect that meat slicers are responsible issued an ANPRM, in conjunction with longer be applicable to the employment for many occupational injuries. The and on the same day as the NPRM, to of such minors in meat products Report notes that the Survey of solicit public comment on this manufacturing industries. Occupational Injuries and Illnesses important issue. The Department proposed to reports that in 1997, food and beverage The Department received six implement the Report recommendation processing machinery were responsible comments in response to this proposal. to expand the application of HO 10 to for 11,737 nonfatal injuries and illness The AFL–CIO, YWN, and CLC prohibit the employment of 16- and 17- that resulted in days away from work. supported the proposal to expand the year-olds in all meat products Over sixty percent of that number, 7,280 scope of HO 10 to prohibit the manufacturing industries, including injuries and illnesses, were caused by employment of 16- and 17-year-olds in those engaged in the processing of food slicers. The median number of or about places where such animals as sausages and/or other prepared meat days away from work for workers who cattle, calves, hogs, poultry, sheep, products and those engaged in poultry suffered food slicer related injuries or lambs, goats, buffalo, deer, or horses are slaughtering and/or processing. The illnesses was four days, not an killed, butchered, or processed and Department proposed to revise the term insignificant number (see NIOSH where sausage and sausage casings are slaughtering and meat packing Report, page 47). Since October 1999, manufactured or processed. The establishments contained in § 570.61(b) the Department has investigated at least Department received no comments so that the term also includes places 36 injuries of young workers that were opposing adoption of this portion of the where poultry are killed, butchered, or caused by operating or cleaning power- proposal. The YWN also recommended processed. This term would also include driven meat slicers. Although none of that HO 10 be expanded to cover establishments that manufacture or these injuries were life threatening, seafood processing occupations. process meat products, including most were considered to be serious and The AFL–CIO, YWN, CLC and Six poultry, sausage, or sausage casings. The many caused the partial loss of digits Flags all supported the Department’s Department also proposed to add and will leave some permanent scarring. decision not to accept the NIOSH

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Report’s recommendation to allow 16- The Department appreciates the enforcement position in 1990 that it and 17-year-olds to operate and feed concerns of the FMI and the Council, would not assert a violation of HO 11 power-driven meat and food slicers in but must reiterate that the number and when a 16- or 17-year-old employee retail, wholesale and service industry severity of occupational injuries operated a pizza-dough roller, a type of establishments. These four commenters suffered by youth who operate or clean dough sheeter, when the machine: (1) Is also supported the Department’s power-driven meat slicers do not justify constructed with safeguards contained proposal regarding the cleaning of such allowing youth to operate or clean such in the basic design so as to prevent equipment. The FMI and the Council equipment. The Department notes that, fingers, hands, or clothing from being both recommended that the Department since publishing the NPRM, it has caught in the in-running point of the reconsider and adopt the NIOSH investigated the serious injuries of at rollers; (2) has gears that are completely recommendation that would allow 16- least ten more young workers who enclosed; and (3) has microswitches that and 17-year-olds to operate and feed operated or cleaned such equipment. disengage the machinery if the backs or power-driven meat and food slicers. The The Department also recognizes the sides of the rollers are removed. This Council stated ‘‘[t]he NIOSH concerns of the YWN and CLC over the enforcement position applies only when recommendation appears well- Department’s decision not to limit the all the safeguards detailed above are supported’’ while the FMI believed the student-learner and apprentice present on the machine, are operational, Department’s position to be ‘‘surprising exemption contained in HO 10 at this and have not been overridden. In as the NIOSH recommendations are time. As noted in the NPRM, the addition, this enforcement position based on the hard data and analysis that Department believes that before any applies only to the operation of the DOL asked NIOSH to provide.’’ Neither changes to the existing student-learner machine. HO 11 still prohibits 16- and the Council nor the FMI commented on and apprentice exemptions are made, it 17-year-olds from being employed in the Department’s proposal regarding the is important to consider and develop occupations involving the setting up, cleaning of power-driven meat criteria for determining when student- adjusting, repairing, oiling, or cleaning processing equipment. learner and apprentice exemptions are of such pizza-dough rollers. The Both the YWN and the CLC disagreed appropriate. As mentioned, the Department has restated this position with the Department’s decision not to Department issued an ANPRM, in numerous times in response to written implement at this time the NIOSH conjunction with and on the same day requests and has included this position Report recommendation to limit the as the NPRM, to solicit public comment in its Field Operations Handbook since student-learner and apprentice on this important issue. at least 1992. exemption contained in HO 10 to retail, The Department appreciates the The Report recommends that HO 11 wholesale, and service industries. YWN’s recommendation that HO 10 be relaxed to allow the operation of After carefully reviewing the should be expanded to cover seafood counter-top models of power-driven comments, the Department has decided processing occupations, but notes that bakery machines, comparable to those to implement the proposal as written no data was submitted regarding the intended for household use. The with the following modifications. The level of youth employment in that Report’s rationale for this Department is adding poultry scissors industry or the injury rates experienced recommendation is that available data and shears to the list of prohibited by that industry. suggest that there were no fatalities power-driven meat processing machines I. Occupations Involved in the involving such counter-top power- listed in § 570.61(a)(4) in recognition Operation of Bakery Machines (Order driven machines, and nonfatal injuries that the HO now covers poultry 11) (29 CFR 570.62) requiring time away from work are of processing. The Department is also moderate severity (see NIOSH Report, revising § 570.61(a)(7), which for many HO 11 generally prohibits the page 48). Although, as noted, the HO years has prohibited 16- and 17-year- employment of 16- and 17-year-olds in prohibits the use of several different olds from handlifting or handcarrying occupations involved in the operation of power-driven bakery machines, the any carcass or half carcass of beef, pork power-driven bakery machines. thrust of the Report’s recommendation or horse, to include carcasses or half Prohibited activities include operating, involves food mixers. The Report notes carcasses of buffalo and deer. This assisting to operate, setting up, that there were 712 non-fatal injuries revision would also expand the current adjusting, repairing, oiling, or cleaning and illnesses in 1997, with a median of prohibitions involving quarter carcasses any horizontal or vertical dough mixer; 11 days away from work, associated of beef and horse to include buffalo. batter mixer; bread dividing, rounding, with work with mixers, blenders, and These revisions are necessitated by the or molding machine; dough brake; whippers (see NIOSH Report, page 49). expansion of the prohibitions of HO 10 dough sheeter; combination bread The Department’s enforcement to include the processing of such slicing and wrapping machine; or cake experience includes situations where animals. Finally, the Department is cutting band saw. The HO also prohibits employers have questioned why 16- and adding a statement to § 570.61(a)(4) to the employment of such youth in the 17-year-olds were not permitted to use clarify that the limited exemption to HO occupation of setting up or adjusting a small mixers to process such things as 11 which permits 16- and 17-year-olds ‘‘cooky’’ or cracker machine. The cheese dip and batter for seafood when to operate certain lightweight, small prohibitions of the HO do not such machines generally appeared to capacity, portable counter-top power- differentiate between portable and non- present no risks to such minors. driven food mixers (see § 570.62(b)(1)) portable equipment, and models Recently, the Department adopted an would not apply when the equipment is designed for use in the home versus enforcement policy that it would not adapted—through the use of various those solely designed for industrial assert violations of HO 11 when 16- and attachments—to perform functions other applications. Therefore, the prohibitions 17-year-olds operate, assist to operate, than mixing, or to process meat or of HO 11 include the employment of 16- setup, adjust, repair, oil, or clean certain poultry products because of the and 17-year-olds to operate even the small, lightweight, counter-top mixers. prohibitions of HO 10. This smallest of counter-top vertical mixers. The Department proposed to modification is discussed in more detail In response to information presented implement the Report’s further in the section of this preamble by several restaurants and employer recommendation by creating a new that addresses HO 11. associations, the Department adopted an § 570.62(b)(1) that would include an

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exemption allowing the employment of The Department also proposed to discussed in § 570.62(b)(1) would 16- and 17-year-olds to operate— change the word cooky in § 570.62(a)(2) become a ‘‘grinder’’ prohibited by HO 10 including setting-up, adjusting, to cookie to reflect the more common (see § 570.61(a)(4)) when the grinding repairing, oiling, and cleaning— spelling of that word. attachment is in use. As per the lightweight, small capacity, portable The Department received five provisions of § 570.61(a)(4), it would not counter-top power-driven food mixers comments regarding this proposal. The matter if products other than meat— that are, or are comparable to, those FMI, Council, AFL–CIO, and YWN all such as vegetables or cheese—were models intended for household use. supported adoption of the Department’s being processed. The Department is The Department, during its meetings enforcement position allowing 16- and including this information in both held after the release of the Report with 17-year-olds to operate—including § 570.62(b)(1) and § 570.61(a)(4)) to various stakeholders, including setting-up, adjusting, repairing, oiling, avoid confusion and facilitate representatives of the full-service and and cleaning—lightweight, small compliance. quick-service restaurant industries, capacity, portable counter-top power- The Department appreciates the sought to identify which types of mixers driven food mixers that are, or are concerns of the YWN and CLC regarding could be operated safely in the comparable to, those models intended the use of certain power-driven pizza workplace by 16- and 17-year-olds. The for household use. No comments were dough rollers, but again notes that its information provided, which also received opposing this proposal. enforcement experience indicates that echoed the Department’s enforcement The FMI, Council, and AFL–CIO also when employers properly apply all the experiences, indicated that such factors supported the proposal to adopt the provisions of the enforcement as bowl capacity, the horsepower of the Department’s long-standing enforcement position—which have been included in motor, the portability of the machine position permitting 16- and 17-year-olds the proposed limited exemption—16- to operate—but not set-up, adjust, (light weight and not permanently wired and 17-year-olds can safely operate such repair, oil, or clean—certain power- or ‘‘hardwired’’ into the establishment’s equipment. The Department also notes, driven pizza dough rollers. The YWN electrical power source), and similarity as it has stated previously in this Final opposed this proposal, stating ‘‘[a]bsent to equipment designed exclusively for Rule, that its limited and public exercise any concrete information on injury data, home use were all important criteria. of its prosecutorial discretion is an and on the specific size, make, or For purposes of this exemption, the efficient and permissible tool available models under consideration as possible Department proposed that a lightweight, to the Secretary in the administration of examples, we disagree with this the child labor provisions of the FLSA. small capacity mixer is one that is not proposal at this time.’’ The YWN also hardwired into the establishment’s endorsed the NIOSH Report J. Occupations Involved in the power source, is equipped with a motor Operation of Paper-Products Machines, 1 recommendation that more intensive that operates at no more than ⁄2 surveillance of pertinent injuries and Scrap Paper Balers, and Paper Box horsepower, and whose bowl capacity deaths resulting from the operation of Compactors (Order 12) (29 CFR 570.63) does not exceed five quarts. Minors 14- power-driven bakery machines be Hazardous Occupations Order No. 12 and 15-years of age would still be conducted should the Department adopt generally prohibits minors under 18 prohibited from operating or assisting in these proposals. years of age from working in the operation of such mixers under the The CLC opposed this proposal and occupations involving the operation of provisions of Reg. 3 (see § 570.33(e) reiterated its concerns about the paper-products machines. The HO (new)). Department’s use of its prosecutorial prohibits, with certain exceptions The Department also proposed to discretion to establish enforcement discussed below, the loading, operating, incorporate into § 570.62 its long- positions in the administration and and unloading of scrap paper balers, standing enforcement position regarding enforcement of the child labor including paper box balers and the operation of certain pizza-dough provisions of the FLSA. compacting machines, and other power- rollers by 16- and 17-year-old workers. The Department carefully considered driven machines used in the The Department’s enforcement all the comments and has decided to remanufacture or conversion of paper or experience indicates that when adopt the proposal with one clarifying pulp into a finished product. When HO employers properly apply this limited modification. The Department wishes to 12 was promulgated in 1954, the enforcement position, 16- and 17-year- make it clear that the exemption dangers specifically associated with the olds can safely operate pizza-dough contained in § 570.62(b)(1) (new) that operation of scrap paper balers involved rollers. Accordingly, the Department permits 16- and 17-year-olds to operate being caught in the plungers during the proposed to create a new § 570.62(b)(2) certain lightweight, small capacity, compression process and suffering that will permit such youth to operate— portable counter-top power-driven food strains and other injuries while moving but not set-up, adjust, repair, oil, or mixers would not apply when the the compressed bales. clean—those power-driven pizza-dough equipment is adapted—through the use The Compactor and Baler Act was rollers that: (1) Are constructed with of various attachments—to perform enacted on August 6, 1996 (Pub. L. 104– safeguards contained in the basic design functions other than mixing, or to 174). This legislation amended the so as to prevent fingers, hands, or process meat or poultry products FLSA by adding subsection 13(c)(5), clothing from being caught in the in- because of the prohibitions of HO 10 which permits 16- and 17-year-olds to running point of the rollers; (2) have (Occupations in the operation of power- load, but not operate or unload, certain gears that are completely enclosed; and driven meat-processing machines and scrap paper balers and paper box (3) have microswitches that disengage occupations involving slaughtering, compactors only when certain the machinery if the backs or sides of meat and poultry packing, processing, conditions are met. One such condition the rollers are removed. The exception or rendering) (see § 570.61, old and is that the equipment must meet specific in § 570.62(b)(2) would apply only new). It is important to note that the standards issued for balers or for when all the safeguards detailed above functions of such mixers, as well as how compactors by the American National are present on the machines, are they are addressed by HO 10 and HO 11, Standard Institute (ANSI). ANSI is a operational, and have not been change when different ‘‘attachments’’ are national organization that coordinates overridden. used. For example, a ‘‘mixer’’ as the development of voluntary,

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consensus standards in a wide range of number for the Occupational Safety and specialized metal balers and areas, including product and worker Health Administration’s Docket Office is compactors, which process such items safety. (202) 693–2350 and its Web site is as cars, radiators, and siding, may share When enacting the Compactor and located at http://dockets.osha.gov. similar designs and operating Baler Act, Congress explicitly applied The Department issued a Final Rule procedures with those compactors and certain industry standards for the on December 16, 2004 (69 FR 75382), balers that process only paper products determination of which balers and/or which revised HO 12 to incorporate the or process other materials in addition to compactors are safe for minors to load: provisions of the Compactor and Baler paper products. However, these ANSI Standard ANSI Z245.5–1990 for Act. The Final Rule became effective on specialized metal balers also include scrap paper balers or Standard ANSI February 14, 2005. As supported by the large industrial machines that feature Z245.2–1992 for paper box compactors. provisions of the Compactor and Baler shear blades that are not normally Congress has used ANSI standards in Act, the Final Rule expanded the present on lighter-duty type balers. The other contexts as expressions of the best coverage of HO 12 to include those Report notes that while these large available technology in the safety area. balers and paper box compactors that specialized balers are generally found in For example, the Occupational Safety process other materials in addition to facilities that specialize in processing and Health Act of 1970 directed the paper products. Prohibited machines scrap and waste materials, smaller Department of Labor to adopt the then- include those indoor-types of power- general-purpose portable machines that existing ANSI standards, rather than driven trash compactors equipped with serve the same functions are marketed delay any activity until the agency built-in carts that detach from the for use in businesses such as grocery promulgated particular occupational compactor to facilitate disposal of the stores, hotels, restaurants, and hospitals. safety and health standards (see section compacted waste. With this type of These smaller general-purpose 6(a) of the Occupational Safety and machine, an attendant wheels the cart to machines operate in essentially the Health Act, 29 U.S.C. 655(a)). The ANSI the dumpster, empties the cart into the same manner as the larger machines and standards for scrap paper balers and dumpster, and then wheels the cart back present similar risks of injury. paper box compactors govern the to the compactor where it is reattached. In addition, the Report recommends manufacture and modification of the Also included would be ‘‘public use’’ that the Department continue to equipment, the operation and waste receptacles—often found at emphasize enforcement of portions of maintenance of the equipment, and airports and other large complexes—that the Compactor and Baler Act requiring employee training. The Compactor and include compaction equipment that that balers and compactors conform to Baler Act also provides that any new allow the public to dispose of refuse and construction and operations standards standard(s) adopted by ANSI would also then automatically processed the waste that greatly reduce exposure to be sufficient for the safety of the scrap at predetermined intervals. hazardous energy. The Report notes that paper balers and paper box compactors, The Final Rule also included the investigations of baler-related incidents if the Secretary of Labor certifies the Secretary’s certification, as permitted by show that failure to maintain machinery new standard(s) to be at least as the Compactor and Baler Act, that the in safe operating condition contributes protective of the safety of minors as the new Standard ANSI Z245.5–1997 is as to fatalities and serious injuries and that two standards specified in the Act. In protective of the safety of minors as neither adult supervisors nor young the Final Rule issued in 2004, the Standard ANSI–S245.5–1990, and that workers may fully appreciate the risks Department stated that it would publish the new Standard ANSI Z245.2–1997 is posed by uncontrolled hazardous a Notice in the Federal Register when as protective of the safety of minors as energy. The Report also recommends the Secretary made any such Standard ANSI Z245.2–1992. that the Department retain the limited certifications. Accordingly, these newer standards exemption contained in § 570.63(c)(2) Because these ANSI standards are were incorporated into HO 12. that permits apprentices and student- copyright-protected, the Department The Department, when issuing the learners to perform, under specific cannot include them in the regulations 2004 Final Rule, noted that there still guidelines, tasks that would otherwise or reproduce them for distribution to the remained one class of balers and be prohibited by HO 12. public. Copies of these standards are compactors that falls outside of the The Department agreed with the available for purchase from the scope of HO 12—those machines that NIOSH Report recommendation American National Standards Institute are designed or used exclusively to regarding the scope of the HO and (ANSI), 25 West 43rd St., Fourth Floor, process materials other than paper. The proposed to revise HO 12 to prohibit 16- New York, NY 10036. The telephone Report, in recognition of this gap in and 17-year-olds from operating, number for ANSI is (212) 642–4900 and coverage, recommends that HO 12 be loading, and unloading, with limited its Web site is located at http:// revised to include such machines exceptions, all balers and compactors, www.ansi.org. In addition, these because ‘‘balers and compactors used to regardless of the materials being standards are available for inspection at process other scrap materials such as processed. Both NIOSH occupational the National Archives and Records plastic and aluminum cans pose similar injury data and the Department’s Administration (NARA). For risk of injury from crushing or enforcement experience reflect that information on the availability of this amputation’’ (see NIOSH Report, page injuries occur when youth operate material at NARA, call (202) 741–6030, 50). balers and compactors that are designed or go to: http://www.archives.gov/ The Report notes that baler and and used to process materials other than federal_register/code_of_federal_ compactor related deaths are not limited paper. For example, the Department regulations/ibr_locations.html. These to those in which paper or cardboard is investigated the employment of a 17- standards are also available for being processed. Many machines are year-old who had both legs amputated inspection at the Occupational Safety adaptable for the baling and compacting in a large industrial baler machine at a and Health Administration’s Docket of a wide variety of materials, including recycling center. The machine was the Office, Room N–2625, U.S. Department paper, aluminum cans, plastic milk jugs, only baler at the center and, therefore, of Labor, 200 Constitution Avenue, and general refuse. Other machines are was used to process a wide variety of NW., Washington, DC 20210, or any of intended specifically for processing a items. In a different investigation, its regional offices. The telephone single product, such as metals. These another 17-year-old lost his right index

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finger while putting recyclables into an the Act. In the 2004 Final Rule, the equipment, and employee training as industrial waste compactor by hand. Secretary certified that Standard ANSI well. During enforcement actions The limited exemption provided by Z245.5–1997 is as protective of the involving employers who avail FLSA section 13(c)(5) and contained in safety of minors as Standard ANSI– themselves of the limited exemption § 570.63(c)(1), which allows 16- and 17- S245.5–1990 and that Standard ANSI contained in § 570.63(c)(1), the year-old workers, under specific Z245.2–1997 is as protective of the Department routinely confirms whether conditions, to load but not operate or safety of minors as Standard ANSI the scrap paper baler or paper box unload certain scrap paper balers and Z245.2–1992. Accordingly, the newer compactor being loaded by 16- or 17- paper box compactors, would remain. standards were incorporated into HO year-olds meets the requirements of the This exemption, as detailed in the 12. applicable ANSI Standard, as Compactor and Baler Act, would apply In 2004 ANSI adopted Standard ANSI determined and declared by the only to certain scrap paper balers and Z245.2–2004 (Stationary Compactors— employer. If the equipment does not paper box compactors, as currently Safety Requirements for Installation, meet the requirements of an applicable defined in § 570.63(b). The exemption Maintenance, and Operations) and ANSI Standard, or if the employer failed would not apply to balers and Standard ANSI Z245.5–2004 (Baling to make such a determination, or if any compactors that are not designed or Equipment—Safety Requirements for other requirement of the limited used to process paper or cardboard as Installation, Maintenance, and exemption contained in FLSA section such equipment may not be considered Operations). The Department’s 13(c)(5) was not met, a violation of HO scrap paper balers or paper box preliminary review of these new 12 has most likely occurred. The compactors as required by the Standards, which included input from Department will carry on these efforts Compactor and Baler Act. NIOSH, indicated that the Standards are and will continue to work with both The proposed revision would be as protective as those cited in the NIOSH and OSHA to better educate accomplished by adding new Compactor and Baler Act and should be employers, employees, and enforcement subsections to § 570.63 that would included in HO 12 along with the older personnel about the requirements of the prohibit 16- and 17-year-olds from Standards. ANSI Standards. Such efforts impact the performing the occupations of operating The Department appreciates the safety of all workers, not just those or assisting to operate any baler or Report’s recommendation to continue under the age of 18. compactor that is designed or used to emphasizing enforcement of portions of Finally, the Department proposed to process materials other than paper. A the Compactor and Baler Act requiring take no action concerning the NIOSH baler that is designed or used to process that balers and compactors conform to Report recommendation concerning the materials other than paper would be construction and operations standards apprenticeship and student-learner defined in § 570.63(b) to mean a that greatly reduce exposure to exemption to HO 12 at this time. As powered machine designed or used to hazardous energy. The Report notes that previously discussed, the Department compress materials other than paper or investigations of baler-related incidents issued an ANPRM, in conjunction with cardboard boxes, with or without show that failure to maintain machinery and on the same day as the NPRM, that binding, to a density or form that will in safe operating condition contributes requested information from the public support handling and transportation as to fatalities and serious injuries and that on this issue. a material unit without requiring a neither adult supervisors nor young The Department received three disposable or reusable container. A workers may fully appreciate the risks comments on this proposal. The brief compactor that is designed or used to posed by uncontrolled hazardous energy comments of the AFL–CIO stated that it process materials other than paper (see NIOSH Report, page 50). The ‘‘strongly supports the DOL’s proposal to would be defined in § 570.63(b) to mean Department’s enforcement experience extend prohibitions to include a powered machine that remains supports these findings. Most recently, operating, loading and unloading balers stationary during operation, designed or the Department investigated the death of and compactors designed or used to used to compact refuse other than paper a 16-year-old grocery store worker in process materials other than paper.’’ The or cardboard boxes, into a detachable or New York who was crushed to death by YWN was equally brief, stating ‘‘[t]he integral container or into a transfer a baler that had been jerry-rigged to Network strongly agrees with this vehicle. The occasional processing of operate while the door to the loading proposed change.’’ paper or a cardboard box by a machine chamber was open. This over-riding of The CLC ‘‘welcomed’’ the expansion designed to process other materials an important safety device required by of the prohibitions of HO 12 to include would not bring the loading of such each of the ANSI Standards was done to balers and compactors designed or used machines within the limited exemption speed up the loading process. As to process materials other than paper. It provided by section 13(c)(5). discussed previously, in order for an states that the Department did not The prohibition against such youth employer to avail itself of the limited address the NIOSH Report’s third setting up, adjusting, repairing, oiling, exemption contained in § 570.63(c)(1) recommendation dealing with HO 12 or cleaning any of the machines that permits 16- and 17-year-olds under regarding the importance of enforcing currently listed in HO 12 would be certain conditions to load, but not the requirements of FLSA section extended to include compactors and operate or unload, certain scrap paper 13(c)(5) that balers and compactors balers that are designed to process balers and paper box compactors, the being loaded by 16- and 17-year-olds materials other than paper. employer must determine that the meet the designated ANSI standards. As previously noted, the Compactor equipment meets an appropriate ANSI The CLC also cited additional ANSI and Baler Act provides that any new Standard listed in HO 12. The employer standards that touch upon equipment standard(s) adopted by ANSI would also must also post a notice on the machine used in the waste disposal and recycling be sufficient for the determination of the that states, among other things, which industries and questioned why these are safety of the scrap paper balers and applicable ANSI Standard the machine not incorporated into HO 12. The CLC paper box compactors, if the Secretary meets. The appropriate ANSI Standards also was concerned that the ANSI of Labor certifies the new standard(s) to govern not only the manufacture and standards are copyright-protected and be at least as protective of the safety of modification of the equipment, but the that employers must either purchase minors as the two standards specified in operation and maintenance of the them from the American National

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Standards Institute or visit a designated confirms that employers have many 2008 ANSI Standards are also as OSHA office to view them. It also ways of ensuring that, should they wish protective as those cited in the expressed concerns that employers may to take advantage of the limited Compactor and Baler Act. Therefore, the have difficulty interpreting the ANSI exception contained in FLSA section Department has decided to also standards. Finally, the CLC disapproved 13(c)(5), their balers and compactors incorporate the 2008 ANSI standards of the Department’s decision to not comply with the appropriate ANSI into this Final Rule. The Secretary, in revisit the limited exemption currently standard. Such employers can consult promulgating this Final Rule, hereby contained in HO 12 for student-learners with the manufacturer of the equipment, certifies that Standard ANSI Z245.2– and apprentices. the supplier of the equipment, the 2004 and Standard ANSI Z245.2–2008 No comments were received regarding owner of the equipment if the are as protective of the safety of minors whether Standard ANSI Z245.5–2004 is equipment is leased, industry and/or as Standard ANSI Z245.2–1992 and that as protective of the safety of minors as employer associations, OSHA, and Standard ANSI Z245.5–2004 and Standard ANSI Z245.5–1990 and safety engineering consultants. No Standard ANSI Z245.5–2008 are as whether Standard ANSI Z245.2–2004 is employer or employer association, when protective of the safety of minors as as protective of the safety of minors as commenting on the 1999 or the 2007 Standard ANSI Z245.5–1990. Standard ANSI Z245.2–1992. NPRM, reported that it was difficult or Accordingly, these four newer standards The Department has carefully expensive to determine that their balers are included in the Final Rule. The reviewed the comments and has and/or compactors met or failed to meet Department has also decided to provide decided to adopt the proposal, but with the appropriate ANSI standards. a table listing all the applicable ANSI one modification concerning recently Congress also provided the Secretary Standards in § 570.63(c)(1)(iv)(A). issued ANSI Standards and a revision to of Labor with flexibility when The Department has decided to revise the section heading. The Department administering FLSA section 13(c)(5) by the title of HO 12 to reflect that, under disagrees with the CLC’s comment that allowing balers and compactors to meet the Final Rule, it will prohibit it failed to address NIOSH’s third any additional standards adopted by occupations involved in the operation of recommendation and notes that the ANSI if certified by the Secretary to be all balers and compactors, including recommendation clearly reads that the at least as protective of the safety of those that do not process any paper Department should ‘‘continue to minors as the standards contained in the products. Accordingly, the title has been emphasize enforcement positions of the Compactor and Baler Act. The revised as follows: Occupations Compactor and Baler Act requiring Department interprets this provision as involved in the operation of balers, balers to conform to construction and permitting it to incorporate only more compactors, and paper-products operational standards that greatly recent versions of Standard ANSI machines (Order 12). reduce exposure to hazardous energy.’’ Z245.5–1990 and Standard ANSI As noted earlier, FLSA section As noted in the NPRM and again in this Z245.2–1992—the two standards 13(c)(5) and § 570.63(c)(1)(iv) require Final Rule, the Department considers contained in the original legislation. that before a 16- or 17-year-old this statement to be an endorsement of The Department followed this employee may load a baler or compactor its administration and enforcement of interpretation when it amended HO 12 subject to HO 12, his or her employer HO 12 and agreed to continue this and added Standards ANSI Z245.5– must first post a notice on the important activity. 1997 and ANSI Z245.2–1997 in 2004 equipment stating that: (1) The baler or The Department notes that when the (see 69 FR 75396) and again when compactor meets the named applicable Compactor and Baler Act was enacted, promulgating this Final Rule. ANSI standard; (2) sixteen- and 17-year- Congress took considerable pains to The Department’s review of Standard old employees may only load the baler ensure that the legislation contained ANSI Z245.2–2004 has found it to be as or compactor; and (3) any employee appropriate safeguards that would protective of the safety of minors as under the age of 18 may not operate or provide young workers with necessary Standard ANSI Z245.2–1992, and the unload the baler or compactor. The protections while ensuring that the Department’s review of Standard ANSI Department recognizes the importance employers of such youth could achieve Z245.5–2004 has found it be as of these posting requirements in the and maintain compliance. During this protective of the safety of minors as administration of section 13(c)(5) and process, Congress solicited input from Standard ANSI Z245.5–1990. addressed this issue in detail in the the Department, NIOSH, employers, The NPRM notified the public that the preamble to the Final Rule published in employer associations, and employee Department intended to update HO 12 the Federal Register on December 16, associations. The result was, as to include the 2004 ANSI standards for 2004 (69 FR 75382). discussed earlier, that the Compactor compactors and balers, and no Since publication of the 2007 NPRM, and Baler Act required that before 16- comments were received as to whether the Department has received several and 17-year-olds could load such the standards identified in the NPRM inquiries regarding how these posting equipment, the scrap paper baler had to were as protective of minors as the requirements impact employers of youth meet Standard ANSI Z245.5–1990 and standards listed in the Compactor and who do not own or control the baler or the paper box compactor had to meet Baler Act. After the 2007 NPRM was compactor that is available for use by Standard ANSI Z245.2–1992. Congress published, ANSI adopted two new their employees. In certain situations, could have chosen to include other standards related to balers and such as at shopping malls, industrial standards—earlier versions of those compactors: Standard ANSI Z245.2– parks, office buildings, or military bases, ANSI standards the CLC now suggests 2008 (Stationary Compactors—Safety multiple employers may have access to the Department should include in HO Requirements for Installation, and use ‘‘community’’ balers and 12—but it did not. Maintenance, and Operations) and compactors that the facilities manager or The Department believes Congress Standard ANSI Z245.5–2008 (Baling owner has made available to the tenants was aware that such standards are Equipment—Safety Requirements for or contractors. In these situations, the copyright protected and available to the Installation, Maintenance, and Department has determined that it is not public only at a cost or for reviewing at Operations). The Department’s review of necessary for every employer (tenant) an appropriate library. The these new Standards, which included that wishes to take advantage of the Department’s enforcement experience input from NIOSH, concluded that the loading exemption to post a notice on

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the communal equipment as required by shear materials. The term does not learners to perform work that would be FLSA section 13(c)(5). The facilities include other types of shearing otherwise prohibited by the HO. manager or owner, or the owner of the machines, using a different form of The Department has long taken the equipment, may make the necessary shearing action, such as alligator shears position that HO 4 (Logging occupations postings and satisfy each employer’s or circular shears. HO 14 also prohibits and occupations in the operation of any (tenant’s) posting obligations under the such minors from setting-up, adjusting, sawmill, lath mill, shingle mill, or exemption. But the employer (tenant) repairing, oiling, or cleaning circular cooperage stock mill) prohibits 16- and must exercise due vigilance, for should saws, band saws, and guillotine shears. 17-year-olds from operating chain saws the notice be inaccurate or incomplete— The original report that led to the in logging operations because the HO i.e., the baler or compactor fails to meet issuance of HO 14 in 1960 noted that prohibits all work ‘‘in connection with the appropriate ANSI standard, or the these machines had already been found the felling of timber.’’ Likewise, the notice fails to fully identify the and declared to be particularly Department has consistently taken the appropriate ANSI standard—the burden hazardous for 16- and 17-year-old position, starting as early as 1959, that of compliance remains with the employees when used to process certain HO 5 (Occupations involved in the employer (tenant) of any youth who materials. Circular saws and band saws operation of power-driven woodworking loaded the equipment. An incomplete or were already covered under HO 5 when machines) prohibits these same minors inaccurate posting by the facilities used on wood, HO 10 when used on from using chain saws to cut wood and manager or owner will not relieve an meat, and HO 12 when used on paper wood products, including trees and employer from being charged with a products. Band saws were also covered branches. Over the last ten years, the violation of HO 12 or assessed a child under HO 11 when used to cut sheet Department has investigated the serious labor civil money penalty. Employers cakes to desired sizes and shapes. injuries of several youth that resulted that avail themselves of the provisions Guillotine shears are covered under HOs from the use of chain saws to cut of the loading exemption contained in 5, 8, 10 and 12 when used on wood, branches and trees, charged violations FLSA section 13(c)(5) and rely on the metal, meat, and paper products, under HO 5, and assessed and collected accuracy of notices posted by others respectively. Reports showing that civil money penalties because of those cannot delegate their compliance minors were being injured when violations. However, as the Report obligations imposed by that exemption. operating these machines on materials implies, the use of chain saws by 16- Finally, the Department notes that the not covered by an existing HO led the and 17-year-olds would not be prohibited when cutting other materials CLC takes exception to the Department Department to issue the all- not taking any action on the NIOSH such as metal, concrete, stone, and ice. encompassing HO 14. Report recommendation regarding the The Department has also long taken limited exemption contained in HO 12 The NIOSH Report recommends that the position that HO 5 prohibits the for student-learners and apprentices. As HO 14 be expanded to cover other employment of 16- and 17-year-olds to the Report recommends that the limited machines, such as chain saws, that operate wood chippers to grind tree exception contained in HO 12 for perform cutting and sawing functions limbs, branches, and trunks into chips, apprentices and student-learners be through direct contact between the mulch, or debris. Some questions have retained, the Department’s decision not cutting surfaces and the materials. The recently been raised concerning the to address that issue is in full agreement Report also recommends, alternatively, appropriateness of this position, but the with that recommendation. that the Department consider Department has been consistent in its developing a new HO that would application when the equipment is used K. Occupations Involved in the prohibit all sawing machinery that to process wood and trees. Young Operation of Circular Saws, Band Saws, performs cutting and sawing functions workers have been killed or seriously and Guillotine Shears (Order 14) (29 through direct contact of the cutting injured while operating wood chippers. CFR 570.65) surface and the material being In 2000, the Department investigated the HO 14 generally prohibits the processed. The Report states: death of a 14-year-old member of a tree- employment of 16- and 17-year-olds in ‘‘Stationary saws and hand-held saws, trimming crew who was dismembered the occupations of operator or helper on including chain saws, continue to be the when he became entangled in branches power-driven circular saws, band saws, source of substantial numbers of he was feeding into a drum-type wood and guillotine shears, except those that fatalities as well as nonfatal injuries chipper. In 2001, the Department are properly guarded and equipped with which may be unusually severe’’ (see investigated the serious injury of a 17- devices for full automatic feeding and NIOSH Report, page 56). The Report year-old who suffered a fractured skull ejection. The prohibitions of HO 14 are observes that not all machines that when the wood chipper he was feeding based on the equipment and apply perform cutting and sawing functions fit ‘‘spit out’’ a 12-inch long, 4-inch regardless of the materials being into HO 14’s definitions of circular saw, diameter, piece of a tree branch. Three processed. Section 570.65(b)(4) defines band saw, or guillotine shears; for titanium plates were permanently the term circular saw to mean a machine example, abrasive cutting disks do not implanted into the minor’s skull. The equipped with a thin steel disc having have visible notches or teeth, but they Department charged the employer of a continuous series of notches or teeth perform the same function. The Report this youth with a violation of HO 5, and on the periphery, mounted on shafting, notes that available data demonstrate assessed and collected a civil money and used for sawing materials. The term that chainsaws specifically contributed penalty because of the violation. band saw is defined in § 570.65(b)(5) to to 70 worker deaths between 1992 and Just like in 1960 when HO 14 was first mean a machine equipped with an 1997 and over 1,600 lost workday issued, the Department is receiving endless steel band having a continuous injuries. Some of these fatalities reports of injuries and deaths, such as series of notches or teeth, running over involved workers under 18 years of age the ones described in the preceding wheels or pulleys, and used for sawing (see NIOSH Report, page 57). The paragraphs, of youth operating power- materials. Section 570.65(b)(6) defines Report also recommends that the driven machines that may be prohibited the term guillotine shear to mean a Department retain the exemption when used to process certain types of machine equipped with a moveable contained in HO 14 that permits 16- and materials and not prohibited when blade operated vertically and used to 17-year-old apprentices and student processing other types of materials.

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Reciprocating saws constitute another occupations involving the setting-up, cutting equipment that falls outside the example of such a machine. HO 5 adjusting, repairing, oiling, or cleaning prohibitions of HO 14. The CLC stated prohibits the employment of 16- and 17- of any of the equipment covered by the that it ‘‘welcomes’’ the proposed year-olds to operate reciprocating saws HO. The Department also proposed to inclusion of chain saws, wood chippers, that are used or designed for cutting revise the title of HO 14 to reflect its and reciprocating saws but also ‘‘sees no wood, but the same piece of equipment application to the additional pieces of reason for DOL’s failure to include is permitted when used or designed machinery and to change the word abrasive cutting discs as well.’’ The CLC exclusively to cut materials other than operations to operation. Finally, the also disagreed with the Department’s wood, such as metal. The Department Department proposed to restructure the decision not to address the issue of has learned of occupational injuries to definitions section contained at student-learners and apprentices in this workers operating reciprocating saws to § 570.65(b) in an alphabetical sequence Final Rule. cut materials other than wood. The to comport with guidance provided by The Department has carefully Department is aware of the death of an the Federal Register and to include reviewed the comments and has adult plumber in Minnesota in 2002 definitions of the terms chain saw, decided to adopt the proposal with one who was killed when the blade of the wood chipper, and reciprocating saw. modification. The Department reciprocating saw he was using to The term chain saw would mean a appreciates the comments of the AFL– rough-in plumbing entered his head machine that has teeth linked together CIO and the CLC concerning the near his eye. The U.S. Department of to form an endless chain used for omission of abrasive cutting discs from Energy has also reported that in 2002 an cutting materials. The term wood the list of prohibited equipment adult worker injured his larynx when chipper would mean a machine contained in HO 14. The Department the reciprocating saw he was operating equipped with a feed mechanism, notes that although NIOSH did not kicked back and cut him in his lower knives mounted on a rotating chipper include injury data specific to the throat. The American Journal of disc or drum, and a power plant used operation of abrasive cutting discs, Forensic Medicine and Pathology to reduce to chips or shred such NIOSH did report that the potential (Volume 28, No. 4, December 2001) materials as tree branches, trunk contact with the moving disk of an reports on the death of a 32-year-old segments, landscape waste, and other abrasive cutting tool does put operators male who lost his balance and fell on materials. The term reciprocating saw at risk. The Department has decided to the blade of an electric reciprocating would mean a machine equipped with add abrasive cutting discs to the list of saw he was using to trim branches. The a moving blade that alternately changes machines prohibited by HO 14 because blade perforated his anterior chest wall, direction on a linear cutting axis used it would be in keeping with the NIOSH right lung, heart, and aorta. The Journal for sawing materials. recommendation and will provide noted that the victim had been drinking The Department is evaluating the important protections to working youth. beer while trimming the branches. alternative recommendation made by The Department has defined abrasive Finally, in 2004, the Department the Report that it consider developing a cutting disc to mean a machine investigated the death of a 17-year-old new HO that combines the sawing equipped with a disc embedded with worker who was employed to operate a machinery covered under HO 14 with abrasive materials used for cutting reciprocating saw to salvage automobile other specialized machinery that materials. The Department once again notes that catalytic converters for recycling. While performs cutting and sawing functions through direct contact of the cutting it has requested public comment on the operating the saw, the vehicle upon surface and the material. Similar issue of exemptions for student-learners which he was using the saw fell on him alternative recommendations were made and apprentices in the ANPRM that was and crushed him to death. regarding HO 5 (Occupations involved published in conjunction with, and on The Department proposed to revise in the operation of power-driven the same day as, the NPRM. the prohibitions of HO 14 to include woodworking machines) and HO 8 chain saws, wood chippers, and L. Additional Recommendations of the (Occupations involved in the operation Report reciprocating saws. The prohibition of power-driven metal forming, would not depend on the material or punching, and shearing machines). The The NIOSH Report recommends that materials being processed and would Department will continue to study these the Department retain, as currently encompass the occupations of setting- recommendations. issued, HO 3 (Coal mining occupations), up, adjusting, repairing, oiling, or Finally, the Report also recommended HO 13 (Occupations involved in the cleaning such machines. This revision that the Department retain the limited manufacture of brick, tile, and kindred would be accomplished by revising exemption contained in § 570.65(c) that products), HO 15 (Occupations involved § 570.65(a)(2) to prohibit the permits apprentices and student- in wrecking, demolition, and employment of minors in the learners to perform, under specific shipbreaking occupations), and HO 17 occupations of operator of or helper on guidelines, tasks that would otherwise (Occupations in excavation operations). power-driven chain saws, wood be prohibited by HO 14. As discussed The Department accepted those chippers, and reciprocating saws, previously in the sections dealing with recommendations and proposed no whether the machines are fixed or HOs 10 and 12, the Department revisions to these HOs. The Report also portable. Unlike the machines currently proposed to take no action concerning recommends that the Department listed in § 570.65(a)(1), the prohibition the apprenticeship and student-learner remove the limited exemption for would not be lifted if the chain saws, exemptions to certain HOs at this time. apprentices and student-learners wood chippers, or reciprocating saws The Department received three contained in HO 16 (Occupations in were equipped with full automatic feed comments on this proposal. The YWN roofing operations and on or about a and ejection-devices—devices that are stated that it ‘‘strongly agrees with this roof) and HO 17, and retain the same almost never found on such equipment. change.’’ The AFL–CIO supported the exemption as it applies to HO 5 The current § 570.65(a)(2) would be proposal and suggested that ‘‘abrasive (Occupations involved in the operation redesignated as § 570.65(a)(3) and cutting discs’’ be added to the list of of power-driven woodworking revised to reflect that 16- and 17-year- prohibited equipment. Such discs were machines) and HO 8 (Occupations olds could not be employed in mentioned in the NIOSH Report as involved in the operation of power-

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driven metal forming, punching, and compactors by 16- and 17-year-olds; the 4. Section 570.120 describes the shearing machines). As discussed limited driving of certain automobiles authority and process by which HOs are previously in the sections dealing with and trucks by 17-year-olds; and the adopted, and lists those occupations the HOs 10, 12, and 14 of this preamble, the employment of certain youth between Secretary has found and declared to be Department proposed to take no action the ages of 14 and 18 years inside and particularly hazardous or detrimental to concerning the apprenticeship and outside of places of business that use the health or well-being of minors 16 student-learner exemptions to any of the power-driven machinery to process and 17 years of age. Since subpart G was HOs at this time. The Department wood products). The exemption last revised, not only have several HOs believes that before any changes to the concerning the employment of been amended, but the process for existing exemptions are made, it is homeworkers who make wreaths, promulgating and revising the HOs has important to first consider and develop contained in FLSA section 13(d), is an also changed. Before 1995, the process criteria for determining when exemption from the minimum wage and for promulgating and amending HOs apprenticeship and student-learners overtime provisions of the Act as well included public hearings and advice exemptions are appropriate. as its child labor provisions. The from committees composed of Accordingly, the Department issued an Department proposed to revise representatives of employers and ANPRM, in conjunction with and on the § 570.103(c) to reflect that the FLSA employees of the impacted industry and same day as the NPRM, that sought now contains eight exemptions from the the public, in accordance with the information from the public on this and child labor provisions and that two of procedures established by subpart D of other issues. these exemptions are also exemptions this part. The Department issued a Final Only the CLC commented on this from the Act’s minimum wage and Rule on April 17, 1995 (60 FR 19336) proposal, expressing its disappointment overtime requirements. that deleted subpart D and placed the that the Department has decided not to This same subsection cites FLSA process of promulgating and revising address recommendations regarding the section 3(d), which defines the term HOs solely under the provisions of the limited exemptions provided for employer and then, in footnote 4, Administrative Procedure Act (APA), 5 student-learner and apprentices at this discusses that definition. FLSA section U.S.C. 551 et seq., which governs time. 3(d) was amended in 1966, and the Departmental rulemaking. The Department proposed to revise M. Subpart G—General Statements of provisions of that amendment are not § 570.120 to reflect the 1995 change in Interpretation of the Child Labor reflected in subpart G. The Department the process for issuing and revising Provisions of the Fair Labor Standards proposed to revise footnote 4 of HOs. The Department also proposed, for Act of 1938, as Amended (29 CFR § 570.101(c) to include the more recent the sake of brevity and clarity, not to 570.101–570.129) definition of the term employer and to repeat the list of individual HOs as they Subpart G discusses the meaning and correct an erroneous reference to FLSA section 13(d). are already listed in subpart E of 29 CFR scope of the child labor provisions of part 570. the FLSA. The interpretations of the 2. Section 570.118 notes that the 5. Section 570.122 lists the four Secretary of Labor contained in subpart FLSA sets a minimum age of 16 years exemptions from the FLSA child labor G indicate the construction of the law for employment in manufacturing or provisions that existed when subpart G that guides the Secretary in mining, but does not take into account was last revised. As discussed earlier, administrating and enforcing the Act. the effects of the 2004 enactment of Congress has added four more Since the last revision of subpart G in FLSA section 13(c)(7). Section 13(c)(7) exemptions that are not included in the 1971, Congress has passed several allows the employment of certain 14- current subpart G. amendments to the FLSA and the and 15-year-olds inside and outside of The Department proposed to revise Department has revised other subparts places of business that use power-driven § 570.122 by creating new subsections of 29 CFR part 570 that are not currently machinery to process wood products as (e), (f), (g), and (h), which will list the reflected in subpart G. The Department discussed above. The Department exemptions from the child labor proposed to revise subpart G to proposed to revise § 570.118 to provisions contained in FLSA sections accommodate not only the statutory and incorporate the provisions of FLSA 13(d), 13(c)(5), 13(c)(6), and 13(c)(7), regulatory changes that have occurred, section 13(c)(7). respectively. A more thorough but to reflect the proposed revisions to 3. Section 570.119 discusses those discussion of each of these exemptions part 570 made by the NPRM and occupations in which 14- and 15-year- was proposed to be included in discussed earlier in this document. The old minors may and may not be §§ 570.127-.130. proposed revisions to subpart G were as employed under Reg. 3. The Department 6. The Department proposed to revise follows: proposed to revise this section to §§ 570.127, .128, and .129, and create a 1. Section 570.103(c) states that there incorporate the changes necessitated by new § 570.130 to present detailed are only four specific child labor the adoption of FLSA section 13(c)(7) discussions of the exemptions from the exemptions contained in the FLSA, and and to reflect the proposed revisions to child labor provisions contained in only one of them, concerning the §§ 570.33 and 570.34 as discussed FLSA sections 13(d), 13(c)(5), 13(c)(6), delivery of newspapers to the consumer, above. For the sake of both brevity and and 13(c)(7). These proposed provisions applies to the minimum wage and clarity, the Department proposed not to were structured similarly to those overtime requirements of the Act as repeat in § 570.119 the lists of all the already contained in subpart G that well. Congress has created four occupations contained in §§ 570.33 and address the earlier FLSA exemptions additional exemptions to the 570.34, but rather to refer readers to concerning employment of youth in nonagricultural child labor provisions of those sections. agriculture (§ 570.123), in the delivery the FLSA that are not currently reflected The proposed revision to § 570.119 of newspapers (§ 570.124), as actors and in subpart G (the making of wreaths would contain the general prohibition performers (§ 570.125), and by one’s composed principally of natural holly, against the employment of minors under parents (§ 570.126). The Department pine, cedar, or other evergreens by 14 years of age under any circumstances also proposed to revise and redesignate homeworkers; the loading of certain that is currently included at the end of the sections of subpart G currently scrap paper balers and paper box § 570.119. dealing with general enforcement

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(§ 570.127), good faith defense things, amends section 16(e) of the Fair 570.37 and redesignating existing (§ 570.128), and the relation of the child Labor Standards Act by increasing the §§ 570.36 and 570.37 as §§ 570.38 and labor provisions to other laws maximum permissible civil money 570.39, respectively. (§ 570.129). These sections would be penalty an employer may be assessed O. Civil Money Penalties; 29 CFR Part redesignated as § 570.140, § 570.141, for child labor violations that cause the 579 and § 570.142, respectively. The death or serious injury of a young Department proposed to reserve worker. FLSA Section 16(e) now states Section 16(e) of the FLSA subjects any §§ 570.131 through 570.139 to that any person who violates the person who violates the child labor accommodate any additional statutory provisions of FLSA sections 12 or 13(c), provisions of the Act to civil money amendments to the FLSA child labor relating to child labor, or any regulation penalties. On May 21, 2008, the Genetic provisions that may be enacted. issued pursuant to such sections, shall Information Nondiscrimination Act of 7. Section 570.127 contains a general be subject to a civil penalty not to 2008 (GINA) (Pub. L. 110–233) was discussion of the enforcement of the exceed $11,000 for each employee who enacted into law. GINA, among other FLSA child labor provisions. Since that was the subject of such a violation. This things, amended FLSA section 16(e) so last revision of subpart G, Congress in same section also permits the that any person who violates the 1996 amended the FLSA at section 16(e) assessment of a penalty not to exceed provisions of sections 12 or 13(c) of the so that any person who violates the $50,000 with regard to each violation FLSA, relating to child labor, or any provisions of section 12 or section that causes the death or serious injury regulation issued pursuant to such 13(c)(5) relating to child labor, or any of any employee under 18 years of age. sections, shall be subject to a civil regulation issued under section 12 or That penalty may be doubled up to money penalty not to exceed $11,000 for section 13(c)(5), shall be subject to a $100,000 if the violation is determined each employee who was the subject of civil money penalty, currently not to to be a repeated or willful violation. such a violation. In addition, GINA also exceed $11,000, for each employee who Accordingly, the Department is revising permits the assessment of a civil money was the subject of such a violation. The the proposed § 570.140 (as redesignated penalty not to exceed $50,000 with Department, as discussed above, as discussed in paragraph 7 above) to regard to each violation that caused the proposed to redesignate this section as incorporate the provisions of GINA. The death or serious injury of any employee § 570.140 and to revise it to include the provisions of GINA and the impact they under the age of 18 years. That penalty Department’s authority to assess civil have on this rulemaking are more fully may be doubled, up to $100,000, when money penalties against persons who discussed later in Section O of this such violation is determined by the violate the child labor provisions of the preamble. Department to be a repeated or willful Act. violation. These changes in the law 8. Section 570.128 deals with a N. Miscellaneous Matters, 29 CFR Part became effective May 21, 2008. provision of FLSA section 12(a) that 570 As mentioned above, the NPRM relieves from liability a purchaser who The Department proposed to change proposed to revise § 570.127 and ships or delivers for shipment in the name of HO 8 from Occupations redesignate it as § 570.140. In addition commerce goods acquired in good faith involved in the operations of power- to taking these steps, the Final Rule will in reliance on written assurance from driven metal forming, punching, and incorporate the provisions of GINA into the producer, manufacturer, or dealer shearing machines (Order 8) to (new) § 570.140. The Final Rule will that the goods were produced in Occupations involved in the operation also revise those provisions of 29 CFR compliance with section 12 and that of power-driven metal forming, part 579 relevant to civil monetary were acquired for value without notice punching, and shearing machines penalties in order to incorporate the of any violation. The Department (Order 8). provisions of this recent statutory proposed to redesignate this section as The Department has decided to adopt amendment into the regulations. § 570.141. this proposal as written. Only the CLC The Department is incorporating the 9. Section 570.129 discusses the commented on this proposal, incorrectly child labor civil money penalty relationship of the child labor referring to it as ‘‘correcting a provisions of the GINA amendments provisions of the FLSA to other laws. typographical error.’’ The word into this Final Rule without prior notice The Department proposed to redesignate ‘‘operations’’ was the word used by the and opportunity for public comment this section as § 570.142. Department when HO 8 was first because it has for good cause found, No comments were received on these enacted in 1950 and its use was pursuant to the Administrative proposals to amend Subpart G. The appropriate for the time. The Procedure Act, 5 U.S.C. 553(b)(B), that Department has decided to adopt the Department’s replacing of that word these procedural requirements are above proposals as written, with three with ‘‘operation’’ reflects the current unnecessary with respect to these exceptions. The Department is slightly usage of the word. particular regulatory changes. The modifying the proposed revisions to The Department has made minor, regulatory changes in (new) § 570.140 § 570.122 so as to incorporate guidance nonsubstantive changes to the proposed and Part 579 implement the recent provided by the Federal Register. This § 570.119 to better explain the purpose legislation that revised the civil modification does not change the of § 570.33. In addition, the Department monetary penalties that may be assessed content of the Department’s original has updated references made in under section 16(e) of the FLSA. In proposal. In addition, the Department § 570.102 and in Footnote 21, which is bringing the regulations into conformity will not implement its proposal to cited in § 570.111. These changes were with the statutory amendments, the reserve §§ 570.131 through 570.139, necessitated by the other revisions made Department is not exercising any again at the direction of the Federal in subpart G. Typographical and interpretative authority. Accordingly, Register. grammatical errors in the proposed the Department is incorporating the Finally, on May 21, 2008, after regulatory text were also corrected. provisions of the statutory amendments publication of the NPRM, the Genetic Finally, pursuant to guidance into the Final Rule without notice and Information Nondiscrimination Act of provided by the Federal Register, the comment. 2008 (GINA), Public Law 110–233, was Department is issuing the proposed Specifically, the Department is signed into law. This Act, among other §§ 570.35a and 570.35b as §§ 570.36 and revising § 579.1(a) to incorporate the

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provisions of section 16(e) of the FLSA shall be taken into account in Circumstances Necessitating as revised by GINA. The Department is determining whether a violation was Collection: The Department has created also revising the definitions section in willful. In addition, for purposes of this a new 29 CFR 570.37 that describes the § 579.2 to include the terms serious section, an employer’s conduct shall be conditions that allow the employment injury, repeated violations, and willful deemed knowing, among other of 14- and 15-year-olds—pursuant to a violations. situations, if the employer received school-supervised and school- GINA amended FLSA section 16(e) to advice from a responsible official of the administered Work-Study Program define serious injury as (1) permanent Wage and Hour Division to the effect (WSP)—under conditions Reg. 3 loss or substantial impairment of one of that the conduct in question is not otherwise prohibits. The new regulation the senses (sight, hearing, taste, smell, lawful. For purposes of this section, an requires the implementation of a new tactile sensation); (2) permanent loss or employer’s conduct shall be deemed to paperwork burden with regard to a substantial impairment of the function be in reckless disregard of the WSP. of a bodily member, organ, or mental requirements of the Act, among other FLSA section 3(l) establishes a faculty, including the loss of all or part situations, if the employer should have minimum age of 16 years for most of an arm, leg, foot, hand or other body inquired further into whether its nonagricultural employment but allows part; or (3) permanent paralysis or conduct was in compliance with the the employment of 14- and 15-year-olds substantial impairment that causes loss Act, and failed to make adequate further in occupations other than of movement or mobility of an arm, leg, inquiry. manufacturing and mining, if the foot, hand or other body part. Finally, the Department is also Secretary of Labor determines such Although GINA does not define the revising § 579.5, sections (a) and (e), to employment is confined to periods that terms repeated violations and willful note that FLSA section 16(e) references will not interfere with the minor’s violations, those terms already have both sections 12 and 13(c) when schooling and conditions that will not been defined by the Wage and Hour discussing the types of child labor interfere with the minor’s health and Division (see 29 CFR 578.3(b) and (c)), violations that are subject to the well-being. and are currently applied, pursuant to assessment of civil money penalties. FLSA section 11(c) requires all section 16(e) of the Act, in the employers covered by the FLSA to assessment of civil money penalties for IV. Paperwork Reduction Act make, keep, and preserve records of repeated and willful violations of In accordance with requirements of their employees’ wages, hours, and sections 6 and 7 of the FLSA. Applying the Paperwork Reduction Act (PRA), 44 other conditions and practices of those definitions to civil money U.S.C. 3501 et seq., and its attendant employment. Section 11(c) also penalties under 29 CFR part 579, an regulations, 5 CFR part 1320, the authorizes the Secretary of Labor to employer’s violation of section 12 or Department seeks to minimize the prescribe the recordkeeping and section 13(c) of the Act relating to child paperwork burden for individuals, small reporting requirements for these labor or any regulation issued pursuant businesses, educational and nonprofit to such sections shall be deemed to be institutions, Federal contractors, State, records. Reg. 3 sets forth the repeated: (1) Where the employer has local and tribal governments, and other employment standards for 14- and 15- previously violated section 12 or section persons resulting from the collection of year-olds. 13(c) of the Act relating to child labor information by or for the agency. The Reporting Requirements: WSP or any regulation issued pursuant to PRA typically requires an agency to Application: In order to utilize the Reg. such sections, provided the employer provide notice and seek public 3 WSP provisions, § 570.37(b)(2) has previously received notice, through comments on any proposed collection of requires a local public or private school a responsible official of the Wage and information contained in a proposed system to file with the Administrator of Hour Division or otherwise rule (see 44 U.S.C. 3506(c)(2)(B); 5 CFR the Wage and Hour Division an authoritatively, that the employer 1320.8). The NPRM published in the application for approval of a WSP as allegedly was in violation of the Federal Register on April 17, 2007 (72 one that does not interfere with the provisions of the Act; or (2) where a FR 19337) invited comments on the schooling or health and well-being of court or other tribunal has made a information collection burdens imposed the minors involved. finding that an employer has previously by these regulations. No comments were Written Participation Agreement: The violated section 12 or section 13(c) of received regarding the information regulations require preparation of a the Act relating to child labor or any paperwork burden estimates. written participation agreement for each regulation issued pursuant to such An agency may not conduct or student participating in a WSP and that sections, unless an appeal therefrom sponsor, and a person is not required to the teacher-coordinator, employer, and which has been timely filed is pending respond to, a collection of information student each sign that agreement (see before a court or other tribunal with unless it displays a currently valid OMB § 570.37(b)(3)(iv)). The regulation also jurisdiction to hear the appeal, or unless control number (see 5 CFR 1320.6). The requires that the student’s parent or the finding has been set aside or Department submitted the information guardian sign the training agreement, or reversed by such appellate tribunal. collections contained in § 570.37 otherwise give consent to the agreement, For purposes of the assessment of (previously proposed as § 570.35b) of in order for it to be valid. civil money penalties under 29 CFR part this rule to the OMB for approval, and Recordkeeping Requirements: The 579, an employer’s violation of section OMB approved them under OMB regulation requires a school system 12 or section 13(c) of the Act relating to Control Number 1215–0208. The operating a WSP to keep a copy of the child labor or any regulation issued approval expires on May 31, 2013, written participation agreement for each pursuant to such sections shall be unless extended by OMB. A copy of the student enrolled in the WSP at the deemed to be willful where the information collection request can be student’s school. Employers of WSP employer knew that its conduct was obtained at http://www.RegInfo.gov or participants are also required to keep a prohibited by the Act or showed by contacting the Wage and Hour copy of the written participation reckless disregard for the requirements Division as shown in the FOR FURTHER agreement for each student employed. of the Act. All of the facts and INFORMATION CONTACT section of this These agreements shall be maintained circumstances surrounding the violation preamble. for 3 years from the date of the student’s

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enrollment in the WSP (see V. Executive Order 12866; Regulatory economic and social costs associated § 570.37(b)(4)(ii)). Flexibility with the deaths and serious injuries of Purpose and Use: WSP Application: This Final Rule is being treated as a young workers are substantial. Under the regulations, a local school ‘‘significant regulatory action’’ within The Department considers the system shall file a letter of application the meaning of E.O. 12866 because of its issuance of this rule to be an important requesting the Administrator of the importance to the public and the and necessary step in its ongoing review Wage and Hour Division to approve a Department’s priorities. Therefore, the of the criteria for permissible child labor WSP that permits the employment of Office of Management and Budget has employment, a review which strives to 14- and 15-year-olds under conditions reviewed this rule. However, because balance the potential benefits of that Reg. 3 would otherwise prohibit. this rule is not ‘‘economically transitional, staged employment opportunities for youth with the The Department will evaluate the significant’’ as defined in section 3(f)(1) necessary protections for their information to determine if the program of E.O. 12866, it does not require a full education, health and safety. Because meets the requirements specified in the economic impact analysis under section youth often overcome the effects of regulation, in order to respond to the 6(a)(3)(C) of the Order. The new those characteristics that initially place request. information collection, recordkeeping, them at increased risk of injury and and reporting requirements subject to Written Participation Agreement: The death in the workplace only through the the PRA being imposed with the school system administering the WSP maturation process, it is believed that enactment of the new work-study and each applicable employer shall requiring older workers to perform those program are discussed above. separately maintain a copy of the tasks that present greater risks to It is well established that several written participation agreement for each younger workers actually eliminates characteristics of youth place adolescent student. The written agreement shall be injuries and deaths—rather than workers at increased risk of injury and signed by the teacher-coordinator, the delaying them or transferring them to death. Lack of experience in the work employer, and the student. In addition, the older workers. the student’s parent or guardian shall place and in assessing risks, and Additionally, this document revises either sign or otherwise provide consent developmental factors—physical, the child labor regulations in response for the participation agreement to be cognitive, and psychological—all to a statutory amendment enacted by the valid. The written participation contribute to the higher rates of Congress that permits certain youth agreement shall be structured to ensure occupational injuries and deaths between 14 and 18 years of age who are that the quality of the student’s experienced by young workers. CFOI excused from compulsory school education, as well as his or her safety data reflect that during the period of attendance beyond the eighth grade to and well-being, are not compromised. 1994–2004, 15-year-olds experienced an be employed under specific conditions School systems, employers, and the occupational fatality rate of 4.7 fatalities inside and outside places of business Department will use these records to per 100,000 workers—a rate that was that use machinery to process wood document the validity of the WSP and greater than that experienced by all products. Affecting the Reg. 3 that the 14- and 15-year-old students workers aged 15 and older. Older occupations standards and both HOs 4 were employed in accordance with the working youth share similar risks. The and 5, this statutory provision would be special WSP rules. NIOSH Report notes that the fatality rate available to a very small number of for adolescents aged 16 and 17 was 5.1 Information Collection Burdens minors and therefore is expected to have per 100,000 full-time equivalent little or no economic impact. The Total Number of Respondents: 1530 workers for the 10-year period 1980–89 Department believes that only a few (30 school districts and 1500 [Castillo et al. 1994], while the rate for minors have obtained employment in employers). adults aged 18 and older was 6.1. As such occupations since the amendment NIOSH stated, ‘‘[t]his relatively small Total Number of Responses: 3030 (30 was enacted and doubts that the number difference in rates is cause for concern WSP applications, 1500 school district will increase. Moreover, the because youth under age 18 are written participation agreements, 1500 amendment’s strong safety-affecting employed less frequently in especially employer written participation requirements that such youth not hazardous jobs.’’ NIOSH reports on its agreements). operate or assist in the operation of Web site (see http://www.cdc.gov/niosh/ power-driven woodworking machines, Total Reporting and Recordkeeping topics/youth) that in 2007, an estimated use personal protective equipment to Burden Hours: 1586. 48,600 work-related injuries and prevent exposure to excessive levels of Total Dollar Cost Burden: $14. illnesses among youth 15 to 17 years of noise and sawdust, and be protected The DOL has slightly increased the age were treated in hospital emergency from wood particles and other flying total burden hour estimate from 1585 departments. As an estimated one-third debris within the workplace, should hours to 1586 to align the data with of work-related injuries are seen in significantly reduce potential costs what appears in the General Services emergency departments, it is likely that resulting from accidents and injuries to Administration, Regulatory Information approximately 146,000 youth sustain minors on the job. Service Center and the OMB, Office of work-related injuries and illnesses each The implementation of revised Information and Regulatory Affairs year. The NIOSH statistics show that, subpart G of the child labor regulations, Combined Information System (ROCIS) despite the fact that workers aged 15 General Statements of Interpretation of used to track the burdens imposed by through 17 are generally restricted from the Child Labor Provisions of the Fair Federal government information employment in hazardous occupations Labor Standards Act of 1938, as collections. This difference is due to such as mining, motor-vehicle driving, Amended, to incorporate all the changes differences in how initial Departmental logging, sawmilling, and construction, made by the agency since this subpart efforts and ROCIS dealt with rounding they have a higher rate of injuries was last revised in 1971, will simply issues. The Department has also requiring emergency room treatment provide compliance guidance on the increased the dollar cost from $13 to than any other age group except 18- and child labor provisions detailed in earlier $14 to account for increased postage 19-year-olds (who are not restricted subparts of 570 and therefore imposes costs since publication of the NPRM. from performing such work). The no economic costs.

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The additional changes being employment of minors to operate wood detrimental to their education, as implemented are also expected to have chippers and reciprocating saws. required by the statute, produces many little or no direct cost impact. The The Department has incorporated positive benefits in addition to fewer changes affecting the types of certain provisions of the Genetic occupational injuries and deaths, occupations and industries in which 14- Information Nondiscrimination Act of including reduced health and and 15-year-olds may or may not be 2008 (GINA) into 29 CFR parts 570 and productivity costs that employers may employed, as well as the periods and 579 to implement the legislation, which otherwise incur because of higher conditions of such employment (Reg. 3 revised the civil monetary penalties that accident and injury rates to young and occupations and hours standards), are may be assessed under section 16(e) of inexperienced workers. In any event, largely clarifications of existing the FLSA. The regulatory changes that the direct, incremental costs that would provisions or enforcement positions, implement these statutory changes do be imposed by this rule are expected to though new occupations involving work no more than conform the previously- be minimal. Collectively, they would of an intellectual or creative nature, existing regulations to the recent not have an annual effect on the lifeguarding, and the loading of personal statutory amendments and do not economy of $100 million or more or hand tools onto motor vehicles, are impose any economic costs on adversely affect in a material way the being added to the list of permitted employers that are required to comply economy or its individual sectors, occupations. The revision of several of with the provisions of sections 12 and productivity, jobs, the environment, the nonagricultural HOs—implementing 13(c) of the FLSA. GINA, effective May public health or safety, or state, local, or specific recommendations made by 21, 2008, increased the maximum civil tribal governments or communities. NIOSH or that arise from the money penalty that may be assessed for Therefore, this rule is not ‘‘economically Department’s enforcement experience— violations that cause the death or significant’’ and no regulatory impact will, in all but one instance involving serious injury of a minor from $11,000 analysis has been prepared. the use of certain counter-top mixers to $50,000. GINA also permits a The Department has similarly (HO 11), require employers to assign doubling of the civil money penalty up concluded for the same reasons noted older workers to perform tasks that to $100,000 when such violations are above that this rule is not a ‘‘major rule’’ previously may have been performed by determined to be willful or repeated. under the Small Business Regulatory 16- and 17-year-olds. The Department believes that Enforcement Fairness Act of 1996 (5 implementation of the Final Rule would U.S.C. 801 et seq.). It would not likely Revisions resulting from the NIOSH not reduce the overall number of safe, result in: (1) An annual effect on the recommendations include the positive, and legal employment economy of $100 million or more; (2) a expansion of HO 4 to prohibit the opportunities available to young major increase in costs or prices for employment of minors in forest fire workers. In fact, employment consumers, individual industries, fighting and fire prevention activities opportunities for 14- and 15-year-olds federal, state, or local government and in timber tract and forestry service would increase with creation, for agencies, or geographic regions; or (3) occupations; the revision of HO 7 to example, of a limited exemption for significant adverse effects on prohibit the employment of minors in certain work-study programs, allowing competition, employment, investment, the tending, servicing, and repairing of youth to be employed in work of an productivity, innovation, or on the hoisting equipment and the addition of intellectual or creative nature, and ability of U.S.-based enterprises to such equipment as cherry pickers, allowing youth to be employed in those compete with foreign-based enterprises scissor lifts, bucket trucks, aerial permitted occupations listed in in domestic or export markets. platforms, and hoists of less than one § 570.34(a) to be performed in While the impact that these regulatory ton capacity to the list of prohibited additional industries, rather than just in changes will have on most affected equipment; and the expansion of HO 10 retail, food service, and gasoline service entities has already been discussed, to prohibit the employment of minors in establishments. even those entities that are most heavily poultry slaughtering and processing Although, as mentioned above, some impacted should each spend an average occupations. Revisions to HO 12 to employers would need to replace of less than $1500 to comply with the prohibit the employment of minors in younger workers with older workers, the new requirements of this rule. the operation of balers and compactors impact would be minimal as relatively Specifically, the Department believes not currently covered by the HO, and few minors are currently employed to school districts sponsoring a WSP will the expansion of HO 14 to add perform these occupations. But the incur the greatest additional costs. An additional power-driven equipment to Department believes that these changes analysis of the time it will take to the list of equipment minors may not are important as they are essential to prepare the application and written operate, are also the result of NIOSH fulfilling its charge of keeping working training agreements for a WSP and the Report recommendations. The youth safe by prohibiting occupations associated recordkeeping suggests these Department’s enforcement experience that are particularly hazardous or educational institutions will each spend led it to incorporate into the regulations detrimental to their health or well- an average of about 52.5 hours more to certain long-standing enforcement being. Any costs that might result from comply with this Final Rule than might positions involving the definitions of using older employees to perform the otherwise be spent to establish a similar remanufacturing departments of previously permitted tasks would be work-study program. The Department sawmills (HO 4), high-lift trucks (HO 7), more than offset by reduced health and associates no additional costs for the and the cleaning of power-driven meat productivity costs resulting from workplace observation requirement to processing equipment (HO 10). The accidents and injuries to minors on the ensure compliance with the FLSA child Department is also, based on its job. Rules that limit permissible job labor provisions, because such enforcement experience, amending HO activities for working youth to those that monitoring will normally be conducted 11 to incorporate the Department’s long- are safe do not, by themselves, impose when school staff visit the workplace to standing position permitting 16- and 17- significant added costs on employers, in see whether educational objectives are year-olds, under certain conditions, to our view. In fact, ensuring that being met. Absent any specific data on operate certain pizza-dough rollers, and permissible job opportunities for compensation of the persons who will expanding HO 14 to prohibit the working youth are safe, healthy, and not actually perform the work to ensure

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compliance, the DOL has estimated VIII. Executive Order 13175, Indian XIII. Executive Order 12630, hourly costs this rule will impose on Tribal Governments Constitutionally Protected Property WSP sponsor schools by increasing the Rights October 2009 average annual hourly rate This rule was reviewed under the This rule is not subject to E.O. 12630, for production or nonsupervisory terms of E.O. 13175 and determined not because it does not involve workers on educational and health to have ‘‘tribal implications.’’ The rule implementation of a policy ‘‘that has services payrolls of $19.59 by 40 percent does not have ‘‘substantial direct effects takings implications’’ or that could to account for the value of fringe on one or more Indian tribes, on the relationship between the federal impose limitations on private property benefits (see The Employment Situation: use. December 2009, DOL, Bureau of Labor government and Indian tribes, or on the Statistics, January 2010, Table B–3, distribution of power and XIV. Executive Order 12988, Civil http://www.bls.gov/news.release/ responsibilities between the federal Justice Reform Analysis _ government and Indian tribes.’’ As a archives/empsit 01082010.pdf). The This rule was drafted and reviewed in Department then multiplied this rate, result, no tribal summary impact statement has been prepared. accordance with E.O. 12988 and will which includes fringe benefits, by 52.5 not unduly burden the federal court hours. Accordingly, the DOL estimates IX. Effects on Families system. The rule was: (1) Reviewed to WSP sponsor school districts will incur eliminate drafting errors and an average of $1440 (rounded) in The undersigned hereby certifies that ambiguities; (2) written to minimize additional compliance costs. (52.5 hours this rule will not adversely affect the litigation; and (3) written to provide a x $19.59 hourly rate x 1.4 fringe benefits well-being of families, as discussed clear legal standard for affected conduct factor.) As previously noted, the under section 654 of the Treasury and and to promote burden reduction. Department expects 30 school districts General Government Appropriations will have a WSP. Act, 1999. List of Subjects in 29 CFR Part 570 The costs imposed by this rule should X. Executive Order 13045, Protection of Child labor, Child Labor occupations, not be significant for any single entity, Children Employment, Government, and they do not affect a substantial Incorporation by reference, number of small entities in a way that E.O. 13045, dated April 23, 1997 (62 Intergovernmental relations, would require an analysis under the FR 19885), applies to any rule that (1) Investigations, Labor, Law enforcement, Regulatory Flexibility Act. At the time is determined to be ‘‘economically Minimum age. significant’’ as defined in E.O. 12866, the NPRM was published, the List of Subjects in 29 CFR Part 579 Department certified to this effect to the and (2) concerns an environmental Chief Counsel for Advocacy of the U.S. health or safety risk that the Child labor, Law enforcement, Small Business Administration (SBA). promulgating agency has reason to Penalties. Therefore, no Initial Regulatory believe may have a disproportionate Signed at Washington, DC, this 10th day of Flexibility Analysis was required. The effect on children. This rule is not May, 2010. Department received no comments subject to E.O. 13045 because it is not Nancy J. Leppink, raising concerns about the initial economically significant as defined in Deputy Administrator, Wage and Hour certification. For the reasons discussed E.O. 12866. In addition, although this Division. in this preamble, the Department has rule impacts the child labor provisions similarly concluded and certified to the of the FLSA and the employment of ■ For the reasons set out in the SBA Office of Advocacy Chief Counsel adolescents and young adults, it does preamble, the Department amends Title that this Final Rule is not expected to not impact the environmental health or 29, parts 570 and 579, of the Code of have a significant economic impact on safety risks of children. Federal Regulations as follows: a substantial number of small entities in XI. Environmental Impact Assessment PART 570—CHILD LABOR a manner that would require a Final REGULATIONS, ORDERS AND Regulatory Flexibility Analysis. A review of this rule in accordance STATEMENTS OF INTERPRETATION VI. Unfunded Mandates Reform Act with the requirements of the National Environmental Policy Act of 1969 ■ 1. The authority citation for part 570 For purposes of the Unfunded (NEPA), 42 U.S.C. 4321 et seq.; the subpart C is revised to read as follows: Mandates Reform Act of 1995, 2 U.S.C. regulations of the Council on Authority: 29 U.S.C. 203(l), 212, 213(c). 1532, this rule does not include any Environmental Quality, 40 CFR 1500 et federal mandate that may result in seq.; and the Departmental NEPA ■ 2. Sections 570.31 through 570.35 are excess of $100 million in expenditures procedures, 29 CFR part 11, indicates revised to read as follows: by state, local and tribal governments in that the rule will not have a significant the aggregate or by the private sector. impact on the quality of the human Subpart C—Employment of Minors environment. There is, thus, no Between 14 and 16 Years of Age (Child VII. Executive Order 13132; Federalism corresponding environmental Labor Reg. 3) This rule does not have federalism assessment or an environmental impact Sec. implications as outlined in E.O. 13132 statement. § 570.31 Secretary’s determinations regarding federalism. The rule does not concerning the employment of minors 14 XII. Executive Order 13211, Energy and 15 years of age. have substantial direct effects on the Supply states, on the relationship between the § 570.32 Effect of this subpart. § 570.33 Occupations that are prohibited to national government and the states, or This rule is not subject to E.O. 13211. minors 14 and 15 years of age. on the distribution of power and It will not have a significant adverse § 570.34 Occupations that may be responsibilities among the various effect on the supply, distribution or use performed by minors 14 and 15 years of levels of government. of energy. age.

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§ 570.35 Hours of work and conditions of limited to lawn mowers, golf carts, all- establishment. Youth may conduct sales employment permitted for minors 14 and terrain vehicles, trimmers, cutters, in such employer exterior facilities, 15 years of age. weed-eaters, edgers, food slicers, food whether temporary or permanent, as * * * * * grinders, food choppers, food garden centers, sidewalk sales, and § 570.31 Secretary’s determinations processors, food cutters, and food parking lot sales, when employed by concerning the employment of minors 14 mixers. Youth 14 and 15 years of age that establishment. Youth peddling does and 15 years of age. may, however, operate office equipment not include the activities of persons The employment of minors between pursuant to § 570.34(a) and vacuum who, as volunteers and without 14 and 16 years of age in the cleaners and floor waxers pursuant to compensation, sell goods or services on occupations, for the periods, and under § 570.34(h). behalf of eleemosynary organizations or (f) The operation of motor vehicles; the conditions specified in § 570.34 and public agencies. the service as helpers on such vehicles § 570.35, does not interfere with their (k) Loading and unloading of goods or except those tasks permitted by schooling or with their health and well- property onto or from motor vehicles, § 570.34(k); and the riding on a motor being and shall not be deemed to be railroad cars, or conveyors, except the vehicle, inside or outside of an enclosed oppressive child labor. loading and unloading of personal non- passenger compartment, except as power-driven hand tools, personal § 570.32 Effect of this subpart. permitted by § 570.34(o). protective equipment, and personal This subpart concerns the (g) Outside window washing that items to and from motor vehicles as employment of youth between 14 and involves working from window sills, permitted by § 570.34(k). 16 years of age in nonagricultural and all work requiring the use of (l) Catching and cooping of poultry in occupations; standards for the ladders, scaffolds, or their substitutes. preparation for transport or for market. employment of minors in agricultural (h) All baking and cooking activities (m) Public messenger service. occupations are detailed in subpart E– except that cooking which is permitted (n) Occupations in connection with: 1. The employment (including suffering by § 570.34(c). (1) Transportation of persons or (i) Work in freezers and meat coolers or permitting to work) by an employer property by rail, highway, air, water, and all work in the preparation of meats of minors 14 and 15 years of age in pipeline, or other means; for sale except as permitted by (2) Warehousing and storage; occupations detailed in § 570.34, for the § 570.34(j). This section, however, does periods and under the conditions (3) Communications and public not prohibit the employment of 14- and utilities; specified in § 570.35, shall not be 15-year-olds whose duties require them deemed to be oppressive child labor (4) Construction (including to occasionally enter freezers only demolition and repair); except such within the meaning of the Fair Labor momentarily to retrieve items as Standards Act of 1938, as amended. office work (including ticket office) or permitted by § 570.34(i). sales work in connection with Employment that is not specifically (j) Youth peddling, which entails the permitted is prohibited. paragraphs (n)(1), (2), (3), and (4) of this selling of goods or services to customers section, as does not involve the § 570.33 Occupations that are prohibited at locations other than the youth- performance of any duties on trains, to minors 14 and 15 years of age. employer’s establishment, such as the motor vehicles, aircraft, vessels, or other The following occupations, which is customers’ residences or places of media of transportation or at the actual not an exhaustive list, constitute business, or public places such as street site of construction operations. oppressive child labor within the corners and public transportation meaning of the Fair Labor Standards Act stations. Prohibited activities associated § 570.34 Occupations that may be when performed by minors who are 14 with youth peddling not only include performed by minors 14 and 15 years of age. and 15 years of age: the attempt to make a sale or the actual (a) Manufacturing, mining, or consummation of a sale, but also the This subpart authorizes only the processing occupations, including preparatory and concluding tasks following occupations in which the occupations requiring the performance normally performed by a youth peddler employment of minors 14 and 15 years of any duties in work rooms or work in conjunction with his or her sales of age is permitted when performed for places where goods are manufactured, such as the loading and unloading of periods and under conditions mined or otherwise processed, except as vans or other motor vehicles, the authorized by § 570.35 and not permitted in § 570.34 of this subpart. stocking and restocking of sales kits and involving occupations prohibited by (b) Occupations that the Secretary of trays, the exchanging of cash and checks § 570.33 or performed in areas or Labor may, pursuant to section 3(l) of with the employer, and the industries prohibited by § 570.33. the Fair Labor Standards Act, find and transportation of minors to and from the (a) Office and clerical work, including declare to be hazardous for the various sales areas by the employer. the operation of office machines. employment of minors between 16 and Prohibited youth peddling also includes (b) Work of an intellectual or 18 years of age or detrimental to their such promotion activities as the artistically creative nature such as, but health or well-being. holding, wearing, or waving of signs, not limited to, computer programming, (c) Occupations that involve merchandise, costumes, sandwich the writing of software, teaching or operating, tending, setting up, adjusting, boards, or placards in order to attract performing as a tutor, serving as a peer cleaning, oiling, or repairing hoisting potential customers, except when counselor or teacher’s assistant, singing, apparatus. performed inside of, or directly in front the playing of a musical instrument, and (d) Work performed in or about boiler of, the employer’s establishment drawing, as long as such employment or engine rooms or in connection with providing the product, service, or event complies with all the other provisions the maintenance or repair of the being advertised. This provision does contained in §§ 570.33, 570.34, and establishment, machines, or equipment. not prohibit a young salesperson from 570.35. Artistically creative work is (e) Occupations that involve conducting sales for his or her employer limited to work in a recognized field of operating, tending, setting up, adjusting, on property controlled by the employer artistic or creative endeavor. cleaning, oiling, or repairing any power- that is out of doors but may properly be (c) Cooking with electric or gas grills driven machinery, including but not considered part of the employer’s which does not involve cooking over an

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open flame (Note: This provision does her employment at the work site; and operation or tending of power-driven not authorize cooking with equipment the loading onto motor vehicles and the equipment including power-driven such as rotisseries, broilers, pressurized unloading from motor vehicles of elevated water slides often found at equipment including fryolators, and personal items such as a back pack, a water amusement parks and some cooking devices that operate at lunch box, or a coat that the minor is swimming pools. Minors under 16 years extremely high temperatures such as permitted to take to the work site. Such of age may not be employed as ‘‘Neico broilers’’). Cooking is also light tools would include, but are not dispatchers or attendants at the top of permitted with deep fryers that are limited to, rakes, hand-held clippers, elevated water slides performing such equipped with and utilize a device shovels, and brooms. Such light tools tasks as maintaining order, directing which automatically lowers the baskets would not include items like trash, sales patrons as to when to depart the top of into the hot oil or grease and kits, promotion items or items for sale, the slide, and ensuring that patrons automatically raises the baskets from the lawn mowers, or other power-driven have begun their ‘‘ride’’ safely. Properly hot oil or grease. lawn maintenance equipment. Such certified 15-year-old lifeguards may, (d) Cashiering, selling, modeling, art minors would not be permitted to load however, be stationed at the work, work in advertising departments, or unload safety equipment such as ‘‘splashdown pools’’ located at the window trimming, and comparative barriers, cones, or signage. bottom of the elevated water slides to shopping. (l)(1) Lifeguard. The employment of perform those permitted duties listed in (e) Price marking and tagging by hand 15-year-olds (but not 14-year-olds) to this subsection. or machine, assembling orders, packing, perform permitted lifeguard duties at Traditional swimming pool means a and shelving. traditional swimming pools and water water tight structure of concrete, (f) Bagging and carrying out amusement parks (including such water masonry, or other approved materials customers’ orders. park facilities as wave pools, lazy rivers, located either indoors or outdoors, used (g) Errand and delivery work by foot, specialized activity areas that may for bathing or swimming and filled with bicycle, and public transportation. include water falls and sprinkler areas, a filtered and disinfected water supply, (h) Clean up work, including the use and baby pools; but not including the together with buildings, appurtenances of vacuum cleaners and floor waxers, elevated areas of power-driven water and equipment used in connection and the maintenance of grounds, but not slides) when such youth have been therewith, excluding elevated ‘‘water including the use of power-driven trained and certified by the American slides.’’ Not included in the definition of mowers, cutters, trimmers, edgers, or Red Cross, or a similar certifying a traditional swimming pool would be similar equipment. organization, in aquatics and water such natural environment swimming (i) Kitchen work and other work safety. facilities as rivers, streams, lakes, ponds, involved in preparing and serving food (2) Definitions. As used in this quarries, reservoirs, wharfs, piers, and beverages, including operating paragraph (l): canals, or oceanside beaches. machines and devices used in Permitted lifeguard duties include the Water amusement park means an performing such work. Examples of rescuing of swimmers in danger of establishment that not only permitted machines and devices drowning, the monitoring of activities at encompasses the features of a traditional include, but are not limited to, poolside to prevent accidents, the swimming pool, but may also include dishwashers, toasters, dumbwaiters, teaching of water safety, and providing such additional attractions as wave popcorn poppers, milk shake blenders, assistance to patrons. Lifeguards may pools; lazy rivers; specialized activities coffee grinders, automatic coffee also help to maintain order and areas such as baby pools, water falls, machines, devices used to maintain the cleanliness in the pool and pool areas, and sprinklers; and elevated water temperature of prepared foods (such as give swimming instructions (if, in slides. Not included in the definition of warmers, steam tables, and heat lamps), addition to being certified as a lifeguard, a water amusement park would be such and microwave ovens that are used only the 15-year-old is also properly certified natural environment swimming to warm prepared food and do not have as a swimming instructor by the facilities as rivers, streams, lakes, the capacity to warm above 140 °F. American Red Cross or some other reservoirs, wharfs, piers, canals, or Minors are permitted to clean kitchen recognized certifying organization), oceanside beaches. equipment (not otherwise prohibited), conduct or officiate at swimming meets, (m)(1) Employment inside and outside remove oil or grease filters, pour oil or and administer first aid. Additional of places of business where machinery grease through filters, and move lifeguard duties may include checking is used to process wood products. The receptacles containing hot grease or hot in and out items such as towels and employment of a 14- or 15-year-old who oil, but only when the equipment, personal items such as rings, watches by statute or judicial order is exempt surfaces, containers and liquids do not and apparel. Permitted duties for 15- from compulsory school attendance exceed a temperature of 100 °F. Minors year-olds include the use of a ladder to beyond the eighth grade inside or are also permitted to occasionally enter access and descend from the lifeguard outside places of business where freezers momentarily to retrieve items in chair; the use of hand tools to clean the machinery is used to process wood conjunction with restocking or food pool and pool area; and the testing and products if: preparation. recording of water quality for (i) The youth is supervised by an (j) Cleaning vegetables and fruits, and temperature and/or pH levels, using all adult relative of the youth or is the wrapping, sealing, labeling, of the tools of the testing process supervised by an adult member of the weighing, pricing, and stocking of items, including adding chemicals to the test same religious sect or division as the including vegetables, fruits, and meats, water sample. Fifteen-year-olds youth; when performed in areas physically employed as lifeguards are, however, (ii) The youth does not operate or separate from a freezer or meat cooler. prohibited from entering or working in assist in the operation of power-driven (k) The loading onto motor vehicles any mechanical room or chemical woodworking machines; and the unloading from motor vehicles storage areas, including any areas where (iii) The youth is protected from wood of the light, non-power-driven, hand the filtration and chlorinating systems particles or other flying debris within tools and personal protective equipment are housed. The term permitted the workplace by a barrier appropriate that the minor will use as part of his or lifeguard duties does not include the to the potential hazard of such wood

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particles or flying debris or by Supervised by an adult relative or is (2) Not more than 40 hours in any 1 maintaining a sufficient distance from supervised by an adult member of the week when school is not in session; machinery in operation; and same religious sect or division as the (3) Not more than 18 hours in any 1 (iv) The youth is required to use, and youth has several components. week when school is in session; uses, personal protective equipment to Supervised means that the youth’s on- (4) Not more than 8 hours in any 1 prevent exposure to excessive levels of the-job activities must be directed, day when school is not in session; noise and saw dust. monitored, overseen, and controlled by (5) Not more than 3 hours in any 1 (2) Compliance. Compliance with the certain named adults. Such supervision day when school is in session, including provisions of paragraphs (m)(1)(iii) and must be close, direct, constant, and Fridays; (m)(1)(iv) of this section will be uninterrupted. An adult shall mean an (6) Between 7 a.m. and 7 p.m. in any accomplished when the employer is in individual who is at least eighteen years 1 day, except during the summer (June compliance with the requirements of the of age. A relative shall mean the parent 1 through Labor Day) when the evening applicable governing standards issued (or someone standing in the place of a hour will be 9 p.m. by the U.S. Department of Labor’s parent), grandparent, sibling, uncle, or (b) Definitions. As used in this Occupational Safety and Health aunt of the young worker. A member of section: Administration (OSHA) or, in those the same religious sect or division as the Outside school hours means such areas where OSHA has authorized the youth refers to an individual who periods as before and after school hours, state to operate its own Occupational professes membership in the same holidays, summer vacations, weekends, Safety and Health Plan, the applicable religious sect or division to which the and any other day or part of a day when standards issued by the Office charged youth professes membership. school is not in session as determined with administering the State (n) Work in connection with cars and by the local public school district in Occupational Safety and Health Plan. trucks if confined to the following: which the minor resides when The employment of youth under this dispensing gasoline and oil; courtesy employed. Summer school sessions, section must comply with the other service; car cleaning, washing and held in addition to the regularly sections of this subpart, including the polishing by hand; and other scheduled school year, are considered to hours and time of day standards occupations permitted by this section, be outside of school hours. established by § 570.35. but not including work involving the School hours refers to the hours that (3) Definitions. As used in this use of pits, racks, or lifting apparatus, or paragraph (m): the local public school district where involving the inflation of any tire the minor resides while employed is in Inside or outside places of business mounted on a rim equipped with a shall mean the actual physical location session during the regularly scheduled removable retaining ring. school year. of the establishment employing the (o) Work in connection with riding youth, including the buildings and Week means a fixed and regularly inside passenger compartments of motor recurring period of 168 hours—seven surrounding land necessary to the vehicles except as prohibited by business operations of that consecutive 24-hour periods—that is § 570.33(f) or § 570.33(j), or when a identical to the workweek the employer establishment. significant reason for the minor being a Operate or assist in the operation of establishes for the employee under passenger in the vehicle is for the § 778.105 of this title. power-driven woodworking machines purpose of performing work in shall mean the operating of such Week when school is in session refers connection with the transporting—or to any week the local public school machines, including supervising or assisting in the transporting of—other controlling the operation of such district where the minor resides while persons or property. The transportation employed is in session and students are machines, feeding material into such of the persons or property does not have machines, helping the operator feed required to attend for at least one day to be the primary reason for the trip for or partial day. material into such machines, unloading this exception to apply. Each minor materials from such machines, and (c) Exceptions. (1) School is not riding as a passenger in a motor vehicle considered to be in session, and helping the operator unload materials must have his or her own seat in the from such machines. The term also exceptions from the hours limitations passenger compartment; each seat must standards listed in paragraphs (a)(1), (3), includes the occupations of setting-up, be equipped with a seat belt or similar adjusting, repairing, oiling, or cleaning and (5) of this section are provided, for restraining device; and the employer any youth 14 or 15 years of age who: such machines. must instruct the minors that such belts Places of business where machinery is (i) Has graduated from high school; or other devices must be used. In used to process wood products shall (ii) Has been excused from addition, each driver transporting the mean such permanent workplaces as compulsory school attendance by the young workers must hold a State sawmills, lath mills, shingle mills, state or other jurisdiction once he or she driver’s license valid for the type of cooperage stock mills, furniture and has completed the eighth grade and his driving involved and, if the driver is cabinet making shops, gazebo and shed or her employment complies with all under the age of 18, his or her making shops, toy manufacturing shops, the requirements of the state school employment must comply with the and pallet shops. The term shall not attendance law; provisions of § 570.52. include construction sites, portable (iii) Has a child to support and sawmills, areas where logging is being § 570.35 Hours of work and conditions of appropriate state officers, pursuant to performed, or mining operations. employment permitted for minors 14 and 15 state law, have waived school Power-driven woodworking machines years of age. attendance requirements for this minor; shall mean all fixed or portable (a) Hours standards. Except as (iv) Is subject to an order of a state or machines or tools driven by power and provided in paragraph (c) of this federal court prohibiting him or her used or designed for cutting, shaping, section, employment in any of the from attending school; or forming, surfacing, nailing, stapling, permissible occupations to which this (v) Has been permanently expelled wire stitching, fastening or otherwise subpart is applicable shall be confined from the local public school he or she assembling, pressing, or printing wood, to the following periods: would normally attend, unless the veneer, trees, logs, or lumber. (1) Outside of school hours; youth is required, by state or local law

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or ordinance, or by court order, to § 570.36 Work experience and career Division shall approve the application, attend another school. exploration program. or give prompt notice of any denial and (2) In the case of minors 14 and 15 * * * * * the reasons therefor. years of age who are employed to (c) * * * (3) The criteria to be used in consideration of applications under this perform sports-attending services at (3) Occupations other than those section are the following: professional sporting events, i.e., permitted under § 570.34, except upon approval of a variation by the (i) Eligibility. Any student 14 or 15 baseball, basketball, football, soccer, years of age, enrolled in a college tennis, etc., the requirements of Administrator of the Wage and Hour Division in acting on the program preparatory curriculum, whom paragraphs (a)(2) through (a)(6) of this authoritative personnel from the school section shall not apply, provided that application of the State Educational Agency. The Administrator shall have attended by the youth identify as being the duties of the sports-attendant able to benefit from the program shall be occupation consist of pre- and post- discretion to grant requests for special variations if the applicant demonstrates able to participate. game or practice setup of balls, items (ii) Instructional schedule. Every and equipment; supplying and that the activity will be performed under adequate supervision and training youth shall receive, every school year he retrieving balls, items and equipment or she participates in the work-study during a sporting event; clearing the (including safety precautions) and that the terms and conditions of the program, at least the minimum number field or court of debris, moisture, etc., of hours of classroom instruction, as during play; providing ice, drinks, proposed employment will not interfere with the health or well-being or required by the State Educational towels, etc., to players during play; Agency responsible for establishing running errands for trainers, managers, schooling of the minor enrolled in an approved program. The granting of a such standards, to complete a fully- coaches, and players before, during, and accredited college preparatory after a sporting event; and returning special variation is determined on a case-by-case basis. curriculum. Such classroom instruction and/or storing balls, items and shall include, every year the youth equipment in club house or locker room * * * * * participates in the work-study program, after a sporting event. For purposes of ■ 6. Add a new § 570.37 to read as training in workplace safety and state this exception, impermissible duties follows: and federal child labor provisions and include grounds or field maintenance rules. § 570.37 Work-study program. such as grass mowing, spreading or (iii) Teacher-coordinator. Each school rolling tarpaulins used to cover playing (a) This section varies the provisions participating in a work-study program areas, etc.; cleaning and repairing contained in § 570.35(a)(1) and (a)(5) for shall designate a teacher-coordinator equipment; cleaning locker rooms, the employment of minors 14 and 15 under whose supervision the program showers, lavatories, rest rooms, team years of age who are enrolled in and will operate. The teacher-coordinator vehicles, club houses, dugouts or employed pursuant to a school- shall generally supervise and coordinate similar facilities; loading and unloading supervised and school-administered the work and educational aspects of the balls, items and equipment from team work-study program that meets the program and make regularly scheduled vehicles before and after a sporting requirements of paragraph (b) of this visits to the workplaces of the event; doing laundry; and working in section, in the occupations permitted by participating students to confirm that concession stands or other selling and § 570.34, and for the periods and under minors participating in the work-study promotional activities. the conditions specified in paragraph (c) program are employed in compliance of this section. With these safeguards, (3) Exceptions from certain of the with all applicable provisions of this such employment is found not to hours standards contained in part and section 6 of the Fair Labor interfere with the schooling of the paragraphs (a)(1) and (a)(3) of this Standards Act. Such confirmation shall minors or with their health and well- section are provided for the be noted in any letters of application being and therefore is not deemed to be employment of minors who are enrolled filed by the superintendent of the public oppressive child labor. in and employed pursuant to a school- or private school system in accordance (b)(1) A school-supervised and supervised work-experience and career with paragraph (b)(2) of this section school-administered work-study exploration program as detailed in when seeking continuance of its work- program shall meet the educational § 570.36. study program. standards established and approved by (iv) Written participation agreement. (4) Exceptions from certain of the the State Educational Agency in the No student shall participate in the work- hours standards contained in respective state. study program until there has been paragraphs (a)(1) and (a)(5) of this (2) The superintendent of the public made a written agreement signed by the section are provided for the or private school system supervising teacher-coordinator, the employer, and employment of minors who are and administering the work-study the student. The agreement shall also be participating in a work-study program program shall file with the signed or otherwise consented to by the designed as described in § 570.37. Administrator of the Wage and Hour student’s parent or guardian. The §§ 570.36 and 570.37 [Redesignated as Division a letter of application for agreement shall detail the objectives of §§ 570.38 and 570.39] approval of the work-study program as the work-study program; describe the one not interfering with schooling or specific job duties to be performed by ■ 3. Redesignate §§ 570.36 and 570.37 with the health and well-being of the the participating minor as well as the as §§ 570.38 and 570.39, respectively. minors involved and therefore not number of hours and times of day that constituting oppressive child labor. The the minor will be employed each week; § 570.35a [Redesignated as § 570.36] application shall be filed at least sixty affirm that the participant will receive days before the start of the school year the minimum number of hours of class- ■ 4. Redesignate § 570.35a as § 570.36. and must include information room instruction as required by the ■ 5. Revise paragraph (c)(3) introductory concerning the criteria listed in State Educational Agency for the text of newly redesignated § 570.36 to paragraph (b)(3) of this section. The completion of a fully-accredited college read as follows: Administrator of the Wage and Hour preparatory curriculum; and affirm that

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the employment of the minor will be in (d) Programs shall be in force and and patrolling of fire lines; the piling compliance with the child labor effect for a period to be determined by and burning of slash; the maintaining of provisions of both this part and the laws the Administrator of the Wage and Hour fire fighting equipment; and acting as a of the state where the work will be Division, but in no case shall be in effect fire lookout or fire patrolman. performed, and the applicable minimum for longer than two school years from (5) Work related to forest marketing wage provisions contained in section 6 the date of their approval by the and forest economics when performed of the FLSA. Administrator of the Wage and Hour away from the forest. (v) Other provisions. Any other Division. A new application for (6) Work in the feeding or care of provisions of the program providing approval must be filed at the end of that animals. safeguards ensuring that the period. Failure to meet the requirements (7) Peeling of fence posts, pulpwood, employment permitted under this of this section may result in withdrawal chemical wood, excelsior wood, section will not interfere with the of the approval. cordwood, or similar products, when schooling of the minors or with their (The information collection not done in conjunction with and at the health and well-being may also be requirements contained in § 570.37 were same time and place as other logging submitted for use in considering the approved by the OMB under Control occupations declared hazardous by this application. No. 1215–0208.) section. (4) Every public or private school (8) The following additional district having students in a work-study Subpart E—Occupations Particularly exceptions apply to the operation of a program approved pursuant to these Hazardous for the Employment of permanent sawmill or the operation of requirements, and every employer Minors Between 16 and 18 Years of any lath mill, shingle mill, or cooperage employing students in a work-study Age or Detrimental to Their Health or stock mill, but not to a portable sawmill. program approved pursuant to these Well-Being In addition, the following exceptions do requirements, shall comply with the not apply to work which entails ■ 7. The authority citation for subpart E following: entering the sawmill building, except continues to read as follows: (i) Permissible occupations. No for those minors whose employment student shall be assigned to work in any Authority: 29 U.S.C. 203(l), 212, 213(c). meets the requirements of the limited exemptions discussed in §§ 570.34(m) occupation other than one permitted ■ 8. Section 570.54 is revised to read as under § 570.34. and 570.54(c): follows: (i) Straightening, marking, or tallying (ii) Records and reports. A copy of the lumber on the dry chain or the dry drop written agreement for each student § 570.54 Forest fire fighting and forest fire sorter. participating in the work-study program prevention occupations, timber tract (ii) Pulling lumber from the dry chain, shall be kept by both the employer and occupations, forestry service occupations, logging occupations, and occupations in except minors under 16 years of age the school supervising and the operation of any sawmill, lath mill, may not pull lumber from the dry chain administering the program for a period shingle mill, or cooperage stock mill (Order as such youth are prohibited from of three years from the date of the 4). operating or tending power-driven student’s enrollment in the program. (a) Finding and declarations of fact. machinery by § 570.33(e) of this part. Such agreements shall be made All occupations in forest fire fighting (iii) Clean-up in the lumberyard. available upon request to the and forest fire prevention, in timber (iv) Piling, handling, or shipping of representatives of the Administrator of tracts, in forestry services, logging, and cooperage stock in yards or storage the Wage and Hour Division for the operation of any sawmill, lath mill, sheds other than operating or assisting inspection, transcription, and/or shingle mill, or cooperage stock mill are in the operation of power-driven photocopying. particularly hazardous for the equipment; except minors under 16 (c) Employment of minors enrolled in employment of minors between 16 and years of age may not perform shipping a program approved pursuant to the 18 years of age, except the following duties as they are prohibited from requirements of this section shall be when not prohibited by any other employment in occupations in confined to not more than 18 hours in section of this subpart: connection with the transportation of any one week when school is in session, (1) Work in offices or in repair or property by rail, highway, air, water, a portion of which may be during school maintenance shops. pipeline, or other means by hours, in accordance with the following (2) Work in the construction, § 570.33(n)(1) of this part. formula that is based upon a continuous operation, repair, or maintenance of (v) Clerical work in yards or shipping four-week cycle. In three of the four living and administrative quarters, sheds, such as done by ordermen, tally- weeks, the participant is permitted to including logging camps and fire men, and shipping clerks. work during school hours on only one fighting base camps. (vi) Clean-up work outside shake and day per week, and for no more than for (3) Work in the repair or maintenance shingle mills, except when the mill is in eight hours on that day. During the of roads, railroads or flumes and work operation. remaining week of the four-week cycle, in construction and maintenance of (vii) Splitting shakes manually from such minor is permitted to work during telephone lines, but only if the minors precut and split blocks with a froe and school hours on no more than two days, are not engaged in the operation of mallet, except inside the mill building and for no more than for eight hours on power-driven machinery, the handling or cover. each of those two days. The or use of explosives, the felling or (viii) Packing shakes into bundles employment of such minors would still bucking of timber, the collecting or when done in conjunction with splitting be subject to the time of day and transporting of logs, or work on trestles. shakes manually with a froe and mallet, number of hours standards contained in (4) The following tasks in forest fire except inside the mill building or cover. §§ 570.35(a)(2), (a)(3), (a)(4), and (a)(6). prevention provided none of these tasks (ix) Manual loading of bundles of To the extent that these provisions are may be performed in conjunction with shingles or shakes into trucks or railroad inconsistent with the provisions of or in support of efforts to extinguish a cars, provided that the employer has on § 570.35, this section shall be forest fire: the clearing of fire trails or file a statement from a licensed doctor controlling. roads; the construction, maintenance, of medicine or osteopathy certifying the

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minor capable of performing this work of roads, railroads, flumes, or camps Portable sawmill shall mean a without injury to himself, except minors used in connection with logging; the sawmilling operation where no office or under 16 years of age may not load moving, installing, rigging, and repair or maintenance shop is ordinarily bundles of shingles or shakes into trucks maintenance of machinery or equipment maintained, and any lumberyard or railroad cars as they are prohibited used in logging; and other work operated in conjunction with the from loading and unloading goods or performed in connection with logging. sawmill is used only for the temporary property onto or from motor vehicles, All occupations in the operation of storage of green lumber. railroad cars, or conveyors by any sawmill, lath mill, shingle mill, or Power-driven woodworking machines § 570.33(k) of this part. cooperage-stock mill shall mean all shall mean all fixed or portable (b) Definitions. As used in this work performed in or about any such machines or tools driven by power and section: mill in connection with storing of logs used or designed for cutting, shaping, All occupations in forest fire fighting and bolts; converting logs or bolts into forming, surfacing, nailing, stapling, and forest fire prevention shall include sawn lumber, lathers, shingles, or wire stitching, fastening or otherwise the controlling and extinguishing of cooperage stock; storing drying, and assembling, pressing or printing wood, fires, the wetting down of areas or shipping lumber, laths, shingles, veneer, trees, logs, or lumber. extinguishing of spot fires, and the cooperage stock, or other products of Remanufacturing department shall patrolling of burned areas to assure the such mills; and other work performed in mean those departments of a sawmill fire has been extinguished. The term connection with the operation of any where lumber products such as boxes, shall also include the following tasks sawmill, lath mill, shingle mill, or lawn furniture, and the like are when performed in conjunction with, or cooperage-stock mill. The term shall not remanufactured from previously cut in support of, efforts to extinguish a include work performed in the planing- lumber. The kind of work performed in forest fire: the piling and burning of mill department or other such departments is similar to that done slash; the clearing of fire trails or roads; remanufacturing departments of any in planing mill departments in that the construction, maintenance, and sawmill or remanufacturing plant not a rough lumber is surfaced or made into patrolling of fire lines; acting as a fire part of a sawmill. other finished products. The term is not lookout or fire patrolman; and the All occupations in timber tracts intended to denote those operations in maintaining of fire fighting equipment. means all work performed in or about sawmills where rough lumber is cut to The prohibition concerning the establishments that cultivate, manage or dimensions. employment of youth in forest fire sell standing timber. The term includes Supervised by an adult relative or is fighting and fire prevention applies to work performed in timber culture, supervised by an adult member of the all forest and timber tract locations, timber tracts, timber-stand same religious sect or division as the logging operations, and sawmill improvement, and forest fire fighting youth, as a term, has several operations, including all buildings and fire prevention. It includes work on components. Supervised refers to the located within such areas. tree farms, except those tree farm requirement that the youth’s on-the-job All occupations in forestry services establishments that meet the definition activities be directed, monitored, and shall mean all work involved in the of agriculture contained in 29 U.S.C. controlled by certain named adults. support of timber production, wood 203(f). Such supervision must be close, direct, technology, forestry economics and Inside or outside places of business constant and uninterrupted. An adult marketing, and forest protection. The shall mean the actual physical location shall mean an individual who is at least term includes such services as timber of the establishment employing the eighteen years of age. A relative shall cruising, surveying, or logging- youth, including the buildings and mean the parent (or someone standing engineering parties; estimating timber; surrounding land necessary to the in place of a parent), grandparent, timber valuation; forest pest control; business operations of that sibling, uncle, or aunt of the young forest fire fighting and forest fire establishment. worker. A member of the same religious prevention as defined in this section; Operate or assist in the operation of sect or division as the youth refers to an and reforestation. The term shall not power-driven woodworking machines individual who professes membership include work in forest nurseries, includes operating such machines, in the same religious sect or division to establishments primarily engaged in including supervising or controlling the which the youth professes membership. growing trees for purposes of operation of such machines, feeding (c) Exemptions. (1) The provisions reforestation. The term shall not include material into such machines, helping contained in paragraph (a)(8) of this the gathering of forest products such as the operator feed material into such section that prohibit youth between 16 balsam needles, ginseng, huckleberry machines, unloading materials from and 18 years of age from performing any greens, maple sap, moss, Spanish moss, such machines, and helping the work that entails entering the sawmill sphagnum moss, teaberries, and tree operator unload materials from such building do not apply to the seeds; the distillation of gum, machines. The term also includes the employment of a youth who is at least turpentine, and rosin if carried on at the occupations of setting-up, adjusting, 14 years of age and less than 18 years gum farm; and the extraction of pine repairing, oiling, or cleaning such of age and who by statute or judicial gum. machines. order is exempt from compulsory school All occupations in logging shall mean Places of business where machinery is attendance beyond the eighth grade, if: all work performed in connection with used to process wood products shall (i) The youth is supervised by an the felling of timber; the bucking or mean such permanent workplaces as adult relative or by an adult member of converting of timber into logs, poles, sawmills, lath mills, shingle mills, the same religious sect or division as the piles, ties, bolts, pulpwood, chemical cooperage stock mills, furniture and youth; wood, excelsior wood, cordwood, fence cabinet making shops, gazebo and shed (ii) The youth does not operate or posts, or similar products; the making shops, toy manufacturing shops, assist in the operation of power-driven collecting, skidding, yarding, loading, and pallet shops. The term shall not woodworking machines; transporting and unloading of such include construction sites, portable (iii) The youth is protected from wood products in connection with logging; the sawmills, areas where logging is being particles or other flying debris within constructing, repairing and maintaining performed, or mining operations. the workplace by a barrier appropriate

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to the potential hazard of such wood § 570.58 Occupations involved in the handling specific loads. The term shall particles or flying debris or by operation of power-driven hoisting mean and include highlift trucks known maintaining a sufficient distance from apparatus (Order 7). under such names as fork lifts, fork machinery in operation; and (a) Findings and declaration of fact. trucks, fork lift trucks, tiering trucks, (iv) The youth is required to use, and The following occupations involved in backhoes, front-end loaders, skid uses, personal protective equipment to the operation of power-driven hoisting loaders, skid-steer loaders, Bobcat prevent exposure to excessive levels of apparatus are particularly hazardous for loaders, or stacking trucks, but shall not noise and saw dust. minors between 16 and 18 years of age: mean low-lift trucks or low-lift platform (1) Work of operating, tending, riding (2) Compliance with the provisions of trucks that are designed for the upon, working from, repairing, paragraphs (c)(1)(iii) and (iv) of this transportation of but not the tiering of servicing, or disassembling an elevator, section will be accomplished when the materials. crane, derrick, hoist, or high-lift truck, employer is in compliance with the Hoist shall mean a power-driven except operating or riding inside an requirements of the applicable apparatus for raising or lowering a load unattended automatic operation governing standards issued by the U.S. by the application of a pulling force that passenger elevator. Tending such Department of Labor’s Occupational does not include a car or platform equipment includes assisting in the Safety and Health Administration running in guides. The term shall hoisting tasks being performed by the (OSHA) or, in those areas where OSHA include all types of hoists, such as base equipment. mounted electric, clevis suspension, has authorized the state to operate its (2) Work of operating, tending, riding own Occupational Safety and Health hook suspension, monorail, overhead upon, working from, repairing, electric, simple drum, and trolley Plan, the applicable standards issued by servicing, or disassembling a manlift or the Office charged with administering suspension hoists. freight elevator, except 16- and 17-year- Manlift shall mean a device intended the State Occupational Safety and olds may ride upon a freight elevator Health Plan. for the conveyance of persons that operated by an assigned operator. consists of platforms or brackets ■ 9. In § 570.55, paragraph (b) is revised Tending such equipment includes mounted on, or attached to, an endless to read as follows: assisting in the hoisting tasks being belt, cable, chain or similar method of performed by the equipment. suspension; with such belt, cable or § 570.55 Occupations involved in the (b) Definitions. As used in this operation of power-driven woodworking chain operating in a substantially machines (Order 5). section: vertical direction and being supported Crane shall mean a power-driven * * * * * by and driven through pulleys, sheaves machine for lifting and lowering a load or sprockets at the top and bottom. The (b) Definitions. As used in this and moving it horizontally, in which the section: term shall also include truck- or hoisting mechanism is an integral part equipment-mounted aerial platforms Off-bearing shall mean the removal of of the machine. The term shall include commonly referred to as scissor lifts, material or refuse directly from a saw all types of cranes, such as cantilever boom-type mobile elevating work table or from the point of operation. gantry, crawler, gantry, hammerhead, platforms, work assist vehicles, cherry Operations not considered as off-bearing ingot pouring, jib, locomotive, motor- pickers, basket hoists, and bucket within the intent of this section include: truck, overhead traveling, pillar jib, trucks. (i) The removal of material or refuse pintle, portal, semi-gantry, semi-portal, from a circular saw or guillotine-action storage bridge, tower, walking jib, and * * * * * veneer clipper where the material or wall cranes. ■ 11. In § 570.59, the section heading is refuse has been conveyed away from the Derrick shall mean a power-driven revised to read as follows: saw table or point of operation by a apparatus consisting of a mast or § 570.59 Occupations involved in the gravity chute or by some mechanical equivalent members held at the top by operation of power-driven metal forming, means such as a moving belt or guys or braces, with or without a boom, punching, and shearing machines (Order 8). expulsion roller; and for use with a hoisting mechanism or * * * * * operating ropes. The term shall include (ii) The following operations when ■ 12. In § 570.61, the section heading they do not involve the removal of all types of derricks, such as A-frame, breast, Chicago boom, gin-pole, guy, and and paragraphs (a)(4), (a)(7), (b), and materials or refuse directly from a saw (c)(1) are revised to read as follows: table or point of operation: The carrying, stiff-leg derrick. moving, or transporting of materials Elevator shall mean any power-driven § 570.61 Occupations in the operation of from one machine to another or from hoisting or lowering mechanism power-driven meat-processing machines one part of a plant to another; the piling, equipped with a car or platform which and occupations involving slaughtering, stacking, or arranging of materials for moves in guides in a substantially meat and poultry packing, processing, or rendering (Order 10). feeding into a machine by another vertical direction. The term shall person; and the sorting, tying, bundling, include both passenger and freight (a) * * * or loading of materials. elevators (including portable elevators (4) All occupations involved in the operation or feeding of the following Power-driven woodworking machines or tiering machines), but shall not power-driven machines, including shall mean all fixed or portable include dumbwaiters. High-lift truck shall mean a power- setting-up, adjusting, repairing, or oiling machines or tools driven by power and driven industrial type of truck used for such machines or the cleaning of such used or designed for cutting, shaping, lateral transportation that is equipped machines or the individual parts or forming, surfacing, nailing, stapling, with a power-operated lifting device attachments of such machines, wire stitching, fastening or otherwise usually in the form of a fork or platform regardless of the product being assembling, pressing or printing wood, capable of tiering loaded pallets or skids processed by these machines (including, veneer, trees, logs, or lumber. one above the other. Instead of a fork or for example, the slicing in a retail * * * * * a platform, the lifting device may delicatessen of meat, poultry, seafood, ■ 10. In § 570.58, paragraphs (a) and (b) consist of a ram, scoop, shovel, crane, bread, vegetables, or cheese, etc.): meat are revised to read as follows: revolving fork, or other attachments for patty forming machines, meat and bone

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cutting saws, poultry scissors or shears; Slaughtering and meat packing § 570.63 Occupations involved in the meat slicers, knives (except bacon- establishments means places in or about operation of balers, compactors, and paper- slicing machines), headsplitters, and which such animals as cattle, calves, products machines (Order 12). guillotine cutters; snoutpullers and hogs, poultry, sheep, lambs, goats, (a) * * * jawpullers; skinning machines; buffalo, deer, or horses are killed, (2) The occupations of operation or horizontal rotary washing machines; butchered, or processed. The term also assisting to operate any baler that is casing-cleaning machines such as includes establishments which designed or used to process materials crushing, stripping, and finishing manufacture or process meat or poultry other than paper. machines; grinding, mixing, chopping, products, including sausage or sausage (3) The occupations of operation or and hashing machines; and presses casings from such animals. assisting to operate any compactor that is designed or used to process materials (except belly-rolling machines). Except, (c) * * * the provisions of this subsection shall other than paper. (1) The killing and processing of (4) The occupations of setting up, not apply to the operation of those rabbits or small game in areas physically adjusting, repairing, oiling, or cleaning lightweight, small capacity, portable, separated from the killing floor. any of the machines listed in paragraphs countertop mixers discussed in * * * * * (a)(1), (2), and (3) of this section. § 570.62(b)(1) of this chapter when used (b) Definitions. As used in this as a mixer to process materials other ■ 13. In § 570.62, paragraph (a)(2) is section: than meat or poultry. revised, and a new paragraph (b) is Applicable ANSI Standard means the * * * * * added, to read as follows: American National Standard Institute’s (7) All occupations involving the § 570.62 Occupations involved in the Standard ANSI Z245.5–1990 American handlifting or handcarrying any carcass operation of bakery machines (Order 11). National Standard for Refuse Collection, or half carcass of beef, pork, horse, deer, Processing, and Disposal—Baling or buffalo, or any quarter carcass of beef, (a) * * * Equipment—Safety Requirements (ANSI horse, or buffalo. (2) The occupation of setting up or S245.5–1990) for scrap paper balers or (b) Definitions. As used in this adjusting a cookie or cracker machine. the American National Standard section: (b) Exceptions. (1) This section shall Institute’s Standard ANSI Z245.2–1992 Boning occupations means the not apply to the operation, including the American National Standard for Refuse removal of bones from meat cuts. It does setting up, adjusting, repairing, oiling Collection, Processing, and Disposal not include work that involves cutting, and cleaning, of lightweight, small Equipment—Stationary Compactors— scraping, or trimming meat from cuts capacity, portable counter-top power- Safety Requirements (ANSI Z245.2– containing bones. driven food mixers that are, or are 1992) for paper box compactors. Curing cellar includes a workroom or comparable to, models intended for Additional applicable standards are the workplace which is primarily devoted household use. For purposes of this American National Standard Institute’s to the preservation and flavoring of exemption, a lightweight, small capacity Standard ANSI Z245.5–1997 American meat, including poultry, by curing mixer is one that is not hardwired into National Standard for Equipment materials. It does not include a the establishment’s power source, is Technology and Operations for Wastes workroom or workplace solely where equipped with a motor that operates at and Recyclable Materials—Baling meats are smoked. Equipment—Safety Requirements (ANSI no more than 1⁄2 horsepower, and is Hide cellar includes a workroom or equipped with a bowl with a capacity of Z245.5–1997), the American National workplace where hides are graded, no more than five quarts. Except, this Standard Institute’s Standard ANSI trimmed, salted, and otherwise cured. exception shall not apply when the Z245.5–2004 American National Killing floor includes a workroom, mixer is used, with or without Standard for Equipment Technology workplace where such animals as cattle, attachments, to process meat or poultry and Operations for Wastes and calves, hogs, poultry, sheep, lambs, products as prohibited by § 570.61(a)(4). Recyclable Materials—Baling goats, buffalo, deer, or horses are Equipment—Safety Requirements for immobilized, shackled, or killed, and (2) This section shall not apply to the Installation, Maintenance and the carcasses are dressed prior to operation of pizza-dough rollers, a type Operation (ANSI Z245.5–2004), and the chilling. of dough sheeter, that: have been American National Standard Institute’s Retail/wholesale or service constructed with safeguards contained Standard ANSI Z245.5–2008 American establishments include establishments in the basic design so as to prevent National Standard for Equipment where meat or meat products, including fingers, hands, or clothing from being Technology and Operations for Wastes poultry, are processed or handled, such caught in the in-running point of the and Recyclable Materials—Baling as butcher shops, grocery stores, rollers; have gears that are completely Equipment—Safety Requirements (ANSI restaurants and quick service food enclosed; and have microswitches that Z245.5–2008) for scrap paper balers or establishments, hotels, delicatessens, disengage the machinery if the backs or the American National Standard and meat locker (freezer-locker) sides of the rollers are removed. This Institute’s Standard ANSI Z245.2–1997 companies, and establishments where exception applies only when all the American National Standard for any food product is prepared or safeguards detailed in this paragraph are Equipment Technology and Operations processed for serving to customers using present on the machine, are operational, for Wastes and Recyclable Materials— machines prohibited by paragraph (a) of and have not been overridden. This Stationary Compactors—Safety this section. exception does not apply to the setting Requirements (ANSI Z245.2–1997), the Rendering plants means up, adjusting, repairing, oiling or American National Standard Institute’s establishments engaged in the cleaning of such pizza-dough rollers. Standard ANSI Z245.2–2004 American conversion of dead animals, animal ■ 14. In § 570.63, the section heading National Standard for Equipment offal, animal fats, scrap meats, blood, and paragraphs (a)(2), (b) are revised, Technology and Operations for Wastes and bones into stock feeds, tallow, paragraphs (a)(3) and (4) are added, and and Recyclable Materials—Stationary inedible greases, fertilizer ingredients, paragraph (c)(1)(iv)(A) is revised to read Compactors—Safety Requirements for and similar products. as follows: Installation, Maintenance and

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Operation (ANSI Z245.2–2004), and the 10036. The telephone number for ANSI including clearing a machine of jammed American National Standard Institute’s is (212) 642–4900 and its Web site is materials, paper, or cardboard, or any Standard ANSI Z245.2–2008 American located at http://www.ansi.org. In other work directly involved in National Standard for Equipment addition, these standards are available operating the machine. The term does Technology and Operations for Wastes for inspection at the National Archives not include the stacking of materials by and Recyclable Materials—Stationary and Records Administration (NARA). an employee in an area nearby or Compactors—Safety Requirements for For information on the availability of adjacent to the machine where such Installation, Maintenance and this material at NARA, call (202) 741– employee does not place the materials Operation (ANSI Z245.2–2008) for 6030, or go to: http://www.archives.gov/ into the machine. paper box compactors, which the federal_register/code_of_federal_ Paper box compactor means a Secretary has certified to be at least as regulations/ibr_locations.html. These powered machine that remains protective of the safety of minors as standards are also available for stationary during operation, used to Standard ANSI Z245.5–1990 for scrap inspection at the Occupational Safety compact refuse, including paper boxes, paper balers or Standard ANSI Z245.2– and Health Administration’s Docket into a detachable or integral container or 1992 for paper box compactors. The Office, Room N–2625, U.S. Department into a transfer vehicle. ANSI standards for scrap paper balers of Labor, 200 Constitution Avenue, Paper products machine means all and paper box compactors govern the NW., Washington, DC 20210, or any of power-driven machines used in manufacture and modification of the its regional offices. The telephone remanufacturing or converting paper or equipment, the operation and number for the Occupational Safety and pulp into a finished product, including maintenance of the equipment, and Health Administration’s Docket Office is preparing such materials for recycling; employee training. These ANSI (202) 693–2350 and its Web site is or preparing such materials for disposal. standards are incorporated by reference located at http://dockets.osha.gov. The term applies to such machines in this paragraph and have the same Baler that is designed or used to whether they are used in establishments force and effect as other standards in process materials other than paper that manufacture converted paper or this part. Only the mandatory means a powered machine designed or pulp products, or in any other type of provisions (i.e., provisions containing used to compress materials other than manufacturing or nonmanufacturing the word ‘‘shall’’ or other mandatory paper and cardboard boxes, with or establishment. The term also applies to language) of these standards are adopted without binding, to a density or form those machines which, in addition to as standards under this part. These that will support handling and paper products, process other material standards are incorporated by reference transportation as a material unit without for disposal. as they exist on the date of the approval; requiring a disposable or reusable Scrap paper baler means a powered if any changes are made in these container. machine used to compress paper and standards which the Secretary finds to Compactor that is designed or used to possibly other solid waste, with or be as protective of the safety of minors process materials other than paper without binding, to a density or form as the current standards, the Secretary means a powered machine that remains that will support handling and will publish a Notice of the change of stationary during operation, designed or transportation as a material unit without standards in the Federal Register. These used to compact refuse other than paper requiring a disposable or reusable incorporations by reference were or cardboard boxes into a detachable or container. approved by the Director of the Federal integral container or into a transfer (c)(1) * * * Register in accordance with 5 U.S.C. vehicle. (iv) * * * 552(a) and 1 CFR part 51. Copies of Operating or assisting to operate (A)(1) That the scrap paper baler or these standards are available for means all work that involves starting or compactor meets the industry safety purchase from the American National stopping a machine covered by this standard applicable to the machine, as Standards Institute (ANSI), 25 West section, placing materials into or specified in paragraph (b) of this section 43rd St., Fourth Floor, New York, NY removing materials from a machine, and displayed in the following table.

In order for employers to take advantage of the limited excep- In order for employers to take advantage of the limited exception discussed in this section, the scrap paper tion discussed in this section, the baler must meet one of the following ANSI Standards: paper box compactor must meet one of the following ANSI Stand- ards:

ANSI Standard Z245.5–1990 ...... ANSI Standard Z245.2–1992. ANSI Standard Z245.5–1997 ...... ANSI Standard Z245.2–1997. ANSI Standard Z245.5–2004 ...... ANSI Standard Z245.2–2004. ANSI Standard Z245.5–2008 ...... ANSI Standard Z245.2–2008.

(2) The notice shall completely § 570.65 Occupations involving the (iii) Wood chippers. identify the appropriate ANSI standard. operation of circular saws, band saws, (iv) Abrasive cutting discs. guillotine shears, chain saws, reciprocating * * * * * saws, wood chippers, and abrasive cutting (3) The occupations of setting-up, ■ 15. In § 570.65, the section heading discs (Order 14). adjusting, repairing, oiling, or cleaning circular saws, band saws, guillotine and paragraph (a)(2) are revised, (a) * * * shears, chain saws, reciprocating saws, paragraph (a)(3) is added, and paragraph (2) The occupations of operator of or wood chippers, and abrasive cutting (b) is revised to read as follows: helper on the following power-driven fixed or portable machines: discs. (i) Chain saws. (b) Definitions. As used in this (ii) Reciprocating saws. section:

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Abrasive cutting disc shall mean a 12(a) provides that no producer, a provision relieving innocent machine equipped with a disc manufacturer, or dealer shall ship or purchasers from liability thereunder embedded with abrasive materials used deliver for shipment in interstate or provided certain conditions are met. For for cutting materials. foreign commerce any goods produced a discussion of this provision, see Band saw shall mean a machine in an establishment in or about which § 570.141.’’ equipped with an endless steel band oppressive child labor was employed ■ having a continuous series of notches or within 30 days before removal of the 20. Sections 570.118 through 570.120 teeth, running over wheels or pulleys, goods. The full text of this subsection is are revised to read as follows: and used for sawing materials. set forth in § 570.104 and its terms are * * * * * Chain saw shall mean a machine that discussed in §§ 570.105 to 570.111, has teeth linked together to form an inclusive. Section 12(c) prohibits any § 570.118 Sixteen-year minimum. endless chain used for cutting materials. employer from employing oppressive § 570.119 Fourteen-year minimum. Circular saw shall mean a machine child labor in interstate or foreign equipped with a thin steel disc having commerce or in the production of goods § 570.120 Eighteen-year minimum. a continuous series of notches or teeth for such commerce. The text and * * * * * on the periphery, mounted on shafting, discussion of this provision appear in and used for sawing materials. §§ 570.112 and 570.113. Section 3(l) of § 570.118 Sixteen-year minimum. Guillotine shear shall mean a machine the Act, which defines the term equipped with a moveable blade ‘‘oppressive child labor,’’ is set forth in The Act sets a 16-year-age minimum operated vertically and used to shear § 570.117 and its provisions are for employment in manufacturing or materials. The term shall not include discussed in §§ 570.118 to 570.121, mining occupations, although under other types of shearing machines, using inclusive. It will further be noted that FLSA section 13(c)(7), certain youth a different form of shearing action, such the Act provides various specific between the ages of 14 and 18 may, as alligator shears or circular shears. exemptions from the foregoing under specific conditions, be employed Helper shall mean a person who provisions which are set forth and inside and outside of places of business assists in the operation of a machine discussed in §§ 570.122 to 570.130, that use power-driven machinery to covered by this section by helping place inclusive. process wood products. Furthermore, materials into or remove them from the ■ 18. In § 570.103, paragraph (c) is the 16-year-age minimum for machine. revised to read as follows: employment is applicable to Operator shall mean a person who employment in all other occupations operates a machine covered by this § 570.103 Comparison with wage and hour unless otherwise provided by regulation section by performing such functions as provisions. or order issued by the Secretary. starting or stopping the machine, * * * * * placing materials into or removing them (c) Another distinction is that the § 570.119 Fourteen-year minimum. exemptions provided by the Act from from the machine, or any other With respect to employment in the minimum wage and/or overtime functions directly involved in operation occupations other than manufacturing provisions are more numerous and of the machine. and mining and in accordance with the Reciprocating saw shall mean a differ from the exemptions granted from provisions of FLSA section 13(c)(7), the machine equipped with a moving blade the child labor provisions. There are Secretary is authorized to issue that alternately changes direction on a only eight specific child labor regulations or orders lowering the age linear cutting axis used for sawing exemptions of which only two apply to minimum to 14 years where he or she materials. the minimum wage and overtime pay Wood chipper shall mean a machine requirements as well. These are the finds that such employment is confined equipped with a feed mechanism, exemptions for employees engaged in to periods that will not interfere with knives mounted on a rotating chipper the delivery of newspapers to the the minors’ schooling and to conditions disc or drum, and a power plant used consumer and homeworkers engaged in that will not interfere with their health to reduce to chips or shred such the making of wreaths composed and well-being. Pursuant to this materials as tree branches, trunk principally of evergreens.3 Apart from authority, the Secretary has detailed in segments, landscape waste, and other these two exceptions, none of the § 570.34 all those occupations in which materials. specific exemptions from the minimum 14- and 15-year-olds may be employed when the work is performed outside * * * * * wage and/or overtime pay requirements applies to the child labor provisions. school hours and is confined to other Subpart G—General Statements of However, it should be noted that the specified limits. The Secretary, in order Interpretation of the Child Labor exclusion of certain employers by to provide clarity and assist employers Provisions of the Fair Labor Standards section 3(d) 4 of the Act applies to the in attaining compliance, has listed in Act of 1938, as Amended child labor provisions as well as the § 570.33 certain prohibited occupations wage and hours provisions. that, over the years, have been the ■ 16. The authority citation for subpart frequent subject of questions or G continues to read as follows: § 570.111 [Amended] violations. The list of occupations in ■ 19. In § 570.111, footnote 21 is revised Authority: 52 Stat. 1060–1069 as amended; § 570.33 is not exhaustive. The 29 U.S.C. 201–219. to read ‘‘However, section 12(a) contains Secretary has also set forth, in § 570.35, additional conditions that limit the ■ 17. Section 570.102 is revised to read 3 Both of these exemptions are contained in periods during which 14- and 15-year- as follows: section 13(d) of the FLSA. 4 Section 3(d) defines ‘employer’ as including olds may be employed. The § 570.102. General scope of statutory ‘‘any person acting directly or indirectly in the employment of minors under 14 years of provisions. interest of an employer in relation to an employee age is not permissible under any The most important of the child labor and includes a public agency, but does not include circumstances if the employment is any labor organization (other than when acting as provisions are contained in sections an employer) or anyone acting in the capacity of covered by the child labor provisions 12(a), 12(c), and 3(l) of the Act. Section officer or agent of such labor organization.’’ and not specifically exempt.

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§ 570.120 Eighteen-year minimum. beyond the eighth grade, under reference by the Federal Register as To protect young workers from specified conditions, in places of discussed in § 570.63. In addition, the hazardous employment, the FLSA business that use power-driven scrap paper baler or paper box provides for a minimum age of 18 years machinery to process wood products. compactor must include an on-off in occupations found and declared by (b) When interpreting these switch incorporating a key-lock or other the Secretary to be particularly provisions, the Secretary will be guided system and the control of the system hazardous or detrimental to the health by the principle that such exemptions must be maintained in the custody of or well-being for minors 16 and 17 years should be narrowly construed and their employees who are at least 18 years of of age. Hazardous occupations orders application limited to those employees age. The on-off switch of the scrap paper are the means through which who are plainly and unmistakably baler or paper box compactor must be occupations are declared to be within their terms. Thus, the fact that a maintained in an off position when the particularly hazardous for minors. Since child’s occupation involves the machine is not in operation. 1995, the promulgation and amendment performance of work which is Furthermore, the employer must also of the hazardous occupations orders considered exempt from the child labor post a notice on the scrap paper baler or have been effectuated under the provisions will not relieve his employer paper box compactor that conveys Administrative Procedure Act (APA), 5 from the requirements of section 12(c) certain information, including the U.S.C. 551 et seq. The effect of these or the producer, manufacturer, or dealer identification of the applicable ANSI orders is to raise the minimum age for from the requirements of section 12(a) standard that the equipment meets, that employment to 18 years in the if, during the course of his employment, 16- and 17-year-old employees may only occupations covered. Seventeen orders, the child spends any part of his time load the scrap paper baler or paper box published in subpart E of this part, have doing work which is covered but not so compactor, and that no employee under thus far been issued under the FLSA exempt. the age of 18 may operate or unload the and are now in effect. ■ 22. The undesignated center heading scrap paper baler or paper box ■ 21. Section 570.122 is revised to read preceding § 570.127 is removed. compactor. ■ as follows: 23. Section 570.127 is revised to read § 570.129 [Redesignated as § 570.142] as follows: § 570.122 General. ■ 25. Section 570.129 is redesignated as (a) Specific exemptions from the child § 570.127 Homeworkers engaged in the § 570.142 making of evergreen wreaths. labor requirements of the Act are ■ provided for: FLSA section 13(d) provides an 26. A new § 570.129 is added to read (1) Employment of children in exemption from the child labor as follows: agriculture outside of school hours for provisions, as well as the minimum § 570.129 Limited driving of automobiles the school district where they live while wage and overtime provisions, for and trucks by 17-year-olds. so employed; homeworkers engaged in the making of Section 13(c)(6) of the FLSA provides (2) Employment of employees wreaths composed principally of natural an exemption for 17-year-olds, but not engaged in the delivery of newspapers holly, pine, cedar, or other evergreens 16-year-olds, who, as part of their to the consumer; (including the harvesting of the (3) Employment of children as actors employment, perform the occasional evergreens or other forest products used and incidental driving of automobiles or performers in motion pictures or in in making such wreaths). theatrical, radio, or television and trucks on public highways under productions; § 570.128 [Redesignated as § 570.141] specified conditions. These specific conditions, which are contained in HO (4) Employment by a parent or a ■ 24. Section 570.128 is redesignated as 2 (§ 570.52), include that the automobile person standing in a parent’s place of § 570.141 and a new § 570.128 is added or truck may not exceed 6,000 pounds his own child or a child in his custody to read as follows: under the age of sixteen years in any gross vehicle weight, the driving must occupation other than manufacturing, § 570.128 Loading of certain scrap paper be restricted to daylight hours, the mining, or an occupation found by the balers and paper box compactors. vehicle must be equipped with a seat Secretary to be particularly hazardous (a) Section 13(c)(5) of the FLSA belt or similar restraining device for the for the employment of children between provides for an exemption from the driver and for any passengers, and the the ages of sixteen and eighteen years or child labor provisions for the employer must instruct the employee detrimental to their health or well- employment of 16- and 17-year-olds to that such belts or other devices must be being. load, but not operate or unload, certain used. In addition, the 17-year-old must (5) Employment of homeworkers power-driven scrap paper balers and hold a State license valid for the type of engaged in the making of evergreen paper box compactors under certain driving involved in the job, have wreaths, including the harvesting of the conditions. The provisions of this successfully completed a State- evergreens or other forest products used exemption, which are contained in HO approved driver education course, and in making such wreaths. 12 (§ 570.63) include that the scrap have no records of any moving (6) Employment of 16- and 17-year- paper baler or compactor meet an violations at the time of his or her hire. olds to load, but not operate or unload, applicable standard established by the The exemption also prohibits the minor certain scrap paper balers and paper box American National Standards Institute from performing any driving involving compactors under specified conditions. (ANSI) and identified in the statute, or the towing of vehicles; route deliveries (7) Employment of 17-year-olds to a more recent ANSI standard that the or route sales; the transportation for hire perform limited driving of cars and Secretary of Labor has found, of property, goods, or passengers; trucks during daylight hours under incorporated by reference (see § 570.63), urgent, time-sensitive deliveries; or the specified conditions. and declared to be as protective of the transporting of more than three (8) Employment of youths between safety of young workers as the ANSI passengers at any one time. The the ages of 14 and 18 years who, by standard named in the statute. exemption also places limitations on the statute or judicial order, are excused (b) These standards have been number of trips the 17-year-old may from compulsory school attendance incorporated into these regulations by make each day and restricts the driving

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to a 30-mile radius of the minor’s place imprisoned under this subsection ■ 30. In § 579.1, paragraph (a) is revised of employment. except for an offense committed after to read as follows: ■ 27. A new § 570.130 is added to read the conviction of such person for a prior (a) Section 16(e), added to the Fair as follows: offense under this subsection. Labor Standards Act of 1938, as (b) In addition, FLSA section 16(e) amended, by the Fair Labor Standards § 570.130 Employment of certain youth states that any person who violates the Amendments of 1974, and as further inside and outside of places of business provisions of FLSA sections 12 or 13(c), amended by the Fair Labor Standards that use power-driven machinery to process relating to child labor, or any Amendments of 1989, the Omnibus wood products. regulations issued under those sections, Budget Reconciliation Act of 1990, the Section 13(c)(7) of the FLSA provides shall be subject to a civil penalty, not to Compactor and Balers Safety Standards a limited exemption from the child exceed: Modernization Act of 1996, and the labor provisions for certain youths (1) $11,000, for each employee who Genetic Information Nondiscrimination between the ages of 14 and 18 years was the subject of such a violation; or Act of 2008, provides for the imposition who, by statute or judicial order, are (2) $50,000 with regard to each such of civil money penalties in the following excused from compulsory school violation that causes the death or manner: attendance beyond the eighth grade, that serious injury of any employee under (1)(i) Any person who violates the permits their employment inside and the age of 18 years, which penalty may provisions of sections 212 or 213(c) of outside of places of business that use be doubled where the violation is the FLSA, relating to child labor, or any power-driven machinery to process repeated or willful. regulation issued pursuant to such wood products. The provisions of this (c) Part 579 of this chapter, Child sections, shall be subject to a civil exemption are contained in subpart C of Labor Violations—Civil Money penalty not to exceed: this part (§ 570.34(m)) and HO 4 Penalties, provides for the issuance of (A) $11,000 for each employee who (§ 570.54). Although the exemption the notice of civil money penalties for was the subject of such a violation; or allows certain youths between the ages any violation of FLSA sections 12 or (B) $50,000 with regard to each such of 14 and 18 years to be employed 13(c) relating to child labor. Part 580 of violation that causes the death or inside and outside of places of business this chapter, Civil Money Penalties— serious injury of any employee under that use power-driven machines to Procedures for Assessing and Contesting the age of 18 years, which penalty may process wood products, it does so only Penalties, describes the administrative be doubled where the violation is a if such youths do not operate or assist process for assessment and resolution of repeated or willful violation. in the operation of power-driven the civil money penalties. When a civil (ii) For purposes of paragraph woodworking machines. The exemption money penalty is assessed against an (a)(1)(i)(B) of this section, the term also requires that the youth be employer for a child labor violation, the ‘‘serious injury’’ means: supervised by an adult relative or by an employer has the right, within 15 days (A) Permanent loss or substantial adult member of the same religious sect after receipt of the notice of such impairment of one of the senses (sight, as the youth. The youth must also be penalty, to file an exception to the hearing, taste, smell, tactile sensation); protected from wood particles or other determination that the violation or (B) Permanent loss or substantial flying debris within the workplace by a violations occurred. When such an impairment of the function of a bodily barrier appropriate to the potential exception is filed with the office making member, organ, or mental faculty, hazard of such wood particles or flying the assessment, the matter is referred to including the loss of all or part of an debris or by maintaining a sufficient the Chief Administrative Law Judge, arm, leg, foot, hand or other body part; distance from machinery in operation. and a formal hearing is scheduled. At or For the exemption to apply, the youth such a hearing, the employer or an (C) Permanent paralysis or substantial must also be required to use personal attorney retained by the employer may impairment that causes loss of protective equipment to prevent present such witnesses, introduce such movement or mobility of an arm, leg, exposure to excessive levels of noise evidence and establish such facts as the foot, hand or other body part. and sawdust. employer believes will support the (2) Any person who repeatedly or willfully violates section 206 or 207 of ■ 28. A new center heading and a new exception. The determination of the the FLSA, relating to wages, shall be § 570.140 are added to read as follows: amount of any civil money penalty becomes final if no exception is taken to subject to a civil penalty not to exceed Enforcement the administrative assessment thereof, $1,100 for each such violation. or if no exception is filed to the decision (3) In determining the amount of any § 570.140 General. and order of the administrative law penalty under section 216(e) of the (a) Section 15(a)(4) of the Act makes judge. FLSA, the appropriateness of such any violation of the provisions of penalty to the size of the business of the sections 12(a) or 12(c) unlawful. Any PART 579—CHILD LABOR person charged and the gravity of the such unlawful act or practice may be VIOLATIONS—CIVIL MONEY violation shall be considered. The enjoined by the United States District PENALTIES amount of any penalty under section Courts under section 17 upon court 216(e) of the FLSA, when finally ■ action, filed by the Secretary pursuant 29. The authority citation for part 579 determined, may be: to section 12(b) and, if willful will is revised to read as follows: (i) Deducted from any sums owing by subject the offender to the criminal Authority: 29 U.S.C. 203(l), 211, 212, the United States to the person charged; penalties provided in section 16(a) of 213(c), 216; Reorg. Plan No. 6 of 1950, 64 (ii) Recovered in a civil action brought the Act. Section 16(a) provides that any Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. by the Secretary in any court of person who willfully violates any of the 72, 76; Secretary of Labor’s Order No. 09– competent jurisdiction, in which provisions of section 15 shall upon 2009 (Nov. 16, 2009): Delegation of Authorities and Assignment of litigation the Secretary shall be conviction thereof be subject to a fine of Responsibilities to the Administrator, Wage represented by the Solicitor of Labor; or not more than $10,000, or to and Hour Division, 74 FR 58836; 104 Stat. (iii) Ordered by the court, in an action imprisonment for not more than six 890 (28 U.S.C. 2461 note), as amended by 110 brought for a violation of section months, or both. No person shall be Stat. 1321–373 and 112 Stat. 3293. 215(a)(4) or a repeated or willful

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violation of section 215(a)(2) of the Department means the U.S. reckless disregard for the requirements FLSA, to be paid to the Secretary. Department of Labor. of the Act. All of the facts and (4) Any administrative determination Person includes any individual, circumstances surrounding the violation by the Secretary of the amount of any partnership, corporation, association, shall be taken into account in penalty under section 216(e) of the business trust, legal representative, or determining whether a violation was FLSA shall be final, unless within 15 organized group of persons. willful. In addition, for purposes of this days after receipt of notice thereof by Repeated violations has two section, an employer’s conduct shall be certified mail the person charged with components. An employer’s violation of deemed knowing, among other the violation takes exception to the section 12 or section 13(c) of the Act situations, if the employer received determination that the violations for relating to child labor or any regulation advice from a responsible official of the which the penalty is imposed occurred, issued pursuant to such sections shall Wage and Hour Division to the effect in which event final determination of be deemed to be repeated for purposes that the conduct in question is not the penalty shall be made in an of this section: lawful. For purposes of this section, an administrative proceeding after (1) Where the employer has employer’s conduct shall be deemed to opportunity for hearing in accordance previously violated section 12 or section be in reckless disregard of the with section 554 of title 5, United States 13(c) of the Act relating to child labor requirements of the Act, among other Code, and regulations to be promulgated or any regulation issued pursuant to situations, if the employer should have by the Secretary. such sections, provided the employer inquired further into whether its (5) Except for civil penalties collected has previously received notice, through conduct was in compliance with the for violations of section 212 of the a responsible official of the Wage and Act, and failed to make adequate further FLSA, sums collected as penalties Hour Division or otherwise inquiry. pursuant to section 216(e) of the FLSA authoritatively, that the employer ■ shall be applied toward reimbursement allegedly was in violation of the 32. In § 579.5, paragraphs (a) and (e) of the costs of determining the provisions of the Act; or, are revised to read as follows: violations and assessing and collecting (2) Where a court or other tribunal has § 579.5 Determining the amount of the such penalties, in accordance with the made a finding that an employer has penalty and assessing the penalty. provision of section 202 of the Act previously violated section 12 or section entitled ‘‘An Act to authorize the 13(c) of the Act relating to child labor (a) The administrative determination Department of Labor to make special or any regulation issued pursuant to of the amount of the civil penalty for statistical studies upon payment of the such sections, unless an appeal each employee who was the subject of cost thereof and for other purposes’’ (29 therefrom which has been timely filed is a violation of section 12 or section 13(c) U.S.C. 9a). Civil penalties collected for pending before a court or other tribunal of the Act relating to child labor or of violations of section 212 shall be with jurisdiction to hear the appeal, or any regulation under those sections will deposited in the general fund of the unless the finding has been set aside or be based on the available evidence of Treasury. reversed by such appellate tribunal. the violation or violations and will take * * * * * Secretary means the Secretary of into consideration the size of the ■ Labor, U.S. Department of Labor, or an business of the person charged and the 31. Section 579.2 is revised to read as gravity of the violations as provided in follows: authorized representative of the Secretary. paragraphs (b) through (d) of this § 579.2 Definitions. Serious injury means: section. The provisions of section As used in this part and part 580 of (1) Permanent loss or substantial 16(e)(1)(A)(ii) of the Fair Labor this chapter: impairment of one of the senses (sight, Standards Act, regarding the assessment Act means the Fair Labor Standards hearing, taste, smell, tactile sensation); of civil penalties not to exceed $50,000 Act of 1938, as amended (52 Stat. 1060, (2) Permanent loss or substantial with regard to each violation that causes as amended; 29 U.S.C. 201, et seq.). impairment of the function of a bodily the death or serious injury of any Administrative law judge means a member, organ, or mental faculty, employee under the age of 18 years, person appointed as provided in 5 including the loss of all or part of an apply only to those violations that occur U.S.C. 3105 and subpart B of part 930 arm, leg, foot, hand or other body part; on or after May 21, 2008. of title 5 of the CFR, and qualified to or, * * * * * preside at hearings under 5 U.S.C. 554– (3) Permanent paralysis or substantial (e) An administrative determination 557. impairment that causes loss of of the amount of the civil money Administrator means the movement or mobility of an arm, leg, penalty for a particular violation or Administrator of the Wage and Hour foot, hand or other body part. particular violations of section 12 or Division, U.S. Department of Labor, and Solicitor of Labor means the Solicitor, section 13(c) relating to child labor or includes an authorized representative U.S. Department of Labor, and includes any regulation issued under those designated by the Administrator to attorneys designated by the Solicitor to sections shall become final 15 days after perform any of the functions of the perform functions of the Solicitor under receipt of the notice of penalty by Administrator under this part and part this part and part 780 of this chapter. certified mail by the person so charged 580 of this chapter. Willful violations under this section Agency has the meaning given it by 5 has several components. An employer’s unless such person has, pursuant to U.S.C. 551. violation of section 12 or section 13(c) § 580.6 filed with the Secretary an Chief Administrative Law Judge of the Act relating to child labor or any exception to the determination that the means the Chief Administrative Law regulation issued pursuant to such violation or violations for which the Judge, Office of Administrative Law sections, shall be deemed to be willful penalty is imposed occurred. Judges, U.S. Department of Labor, 800 K for purposes of this section where the * * * * * Street, NW., Suite 400, Washington, DC employer knew that its conduct was [FR Doc. 2010–11434 Filed 5–19–10; 8:45 am] 20001–8002. prohibited by the Act or showed BILLING CODE 4510–27–P

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 2 CFR 360...... 23151 741–6000 361...... 23151 Executive orders and proclamations Ch. XX ...... 27923 The United States Government Manual 741–6000 760...... 25103 Proposed Rules: 783...... 25103 Other Services Ch. 58 ...... 24494 985...... 27631 Electronic and on-line services (voice) 741–6020 3 CFR 1205...... 24373 Privacy Act Compilation 741–6064 1410...... 27165 Public Laws Update Service (numbers, dates, etc.) 741–6043 Proclamations: 1416...... 25103 8505...... 23557 TTY for the deaf-and-hard-of-hearing 741–6086 Proposed Rules: 8506...... 23559 319...... 27225 ELECTRONIC RESEARCH 8507...... 23561 1530...... 23631 8508...... 24363 1980...... 27949 World Wide Web 8509...... 24365 Full text of the daily Federal Register, CFR and other publications 8510...... 24367 9 CFR is located at: http://www.gpoaccess.gov/nara/index.html 8511...... 24369 381...... 27925 Federal Register information and research tools, including Public 8512...... 24371 Inspection List, indexes, and links to GPO Access are located at: 8513...... 25099 10 CFR http://www.archives.gov/federallregister 8514...... 25101 72...... 24786, 27401 E-mail 8515...... 26055 430 ...... 27170, 27182, 27926 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8516...... 26873 8517...... 26875 Proposed Rules: an open e-mail service that provides subscribers with a digital 50...... 24324 form of the Federal Register Table of Contents. The digital form 8518...... 26877 8519...... 27919 72...... 25120, 27463 of the Federal Register Table of Contents includes HTML and 430...... 23191, 25121 PDF links to the full text of each document. 8520...... 28181 8521...... 28183 431 ...... 24824, 25121, 27227 To join or leave, go to http://listserv.access.gpo.gov and select 8522...... 28185 1703...... 27228 Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. Executive Orders: 11 CFR 13541...... 26879 PENS (Public Law Electronic Notification Service) is an e-mail 13542...... 27921 300...... 24375 service that notifies subscribers of recently enacted laws. Administrative Orders: Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Presidential 7...... 27456 and select Join or leave the list (or change settings); then follow Determinations: the instructions. 12 CFR No. 2010-07 of May 4, FEDREGTOC-L and PENS are mailing lists only. We cannot 2010 ...... 27161 204...... 24384 respond to specific inquiries. No. 2010-08 of May 535...... 23565 Reference questions. Send questions and comments about the 11, 2010 ...... 27163 985...... 23152 Federal Register system to: [email protected] Memorandums: 989...... 23152 The Federal Register staff cannot interpret specific documents or Memorandum of April 1273...... 23152 regulations. 27, 2010 ...... 23563 1274...... 23152 Reminders. Effective January 1, 2009, the Reminders, including Memorandum of May Proposed Rules: Rules Going Into Effect and Comments Due Next Week, no longer 3, 2010 ...... 24781 327...... 23516, 26681 appear in the Reader Aids section of the Federal Register. This Memorandum of May 360...... 27464, 27471 information can be found online at http://www.regulations.gov. 4, 2010 ...... 27155 614...... 27660 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Memorandum of May 652...... 27951 longer appears in the Federal Register. This information can be 11, 2010 ...... 27157 701...... 24497 found online at http://bookstore.gpo.gov/. Notices: 956...... 23631 Notice of May 3, 1267...... 23631 2010 ...... 24779 FEDERAL REGISTER PAGES AND DATE, MAY 14 CFR Notice of May 12, 23151–23556...... 3 2010 ...... 27399 25...... 26643, 27926 23557–24362...... 4 Notice of May 13, 39 ...... 23568, 23571, 23572, 24363–24780...... 5 2010 ...... 27629 23574, 23577, 23579, 24389, 24781–25098...... 6 26881, 26883, 26885, 27401, 25099–25758...... 7 5 CFR 27403, 27406, 27409, 27411, 25759–26054...... 10 1600...... 24785 27414, 27416, 27419, 27422, 26055–26642...... 11 1650...... 24785 27424, 28188 26643–26880...... 12 Proposed Rules: 71 ...... 23580, 23581, 24789, 26881–27154...... 13 Ch. XXXVII ...... 27456 27427, 27637 27155–27398...... 14 95...... 24790 27399–27630...... 17 7 CFR 97...... 25759, 25760 27631–27922...... 18 272...... 23565 119...... 26645 27923–28180...... 19 273...... 23565 Proposed Rules: 28181–28462...... 20 319...... 28187 25...... 27662

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27...... 24501, 24502 Proposed Rules: 52 ...... 23167, 24404, 24406, 146...... 27122 29...... 24502 2...... 28221 24408, 25770, 25772, 25775, 147...... 27122 39 ...... 23194, 24824, 25124, 25778, 26102, 26113, 26118, 149...... 24450 25785, 25788, 25791, 26148, 29 CFR 26653, 27191, 27643, 27644, 159...... 24470 26681, 26888, 26889, 27487, 471...... 28368 27647, 27938, 27944 Proposed Rules: 27489, 27491, 27665, 27668, 570...... 28404 80...... 26026, 26121 160...... 23214 27956, 27959, 27961, 27964, 579...... 28404 81 ...... 24409, 26113, 26118, 164...... 23214 27966, 27969, 27972, 27973 1202...... 26062 27944 71 ...... 23636, 24504, 26148, 1206...... 26062 82...... 23167, 25781 46 CFR 26150, 26151, 26891, 27229, 1910...... 27188 85...... 25324 388...... 28205 27493, 27494, 27495, 27496, 1915...... 27188 86...... 25324 Proposed Rules: 27670 1926...... 27188, 27428 180 ...... 24421, 24428, 26652, 520...... 25150, 26906 110...... 25127 2590...... 27122 26668, 26673, 27434, 27443 532...... 25150, 26906 119...... 25127 4022...... 27189 300...... 26131, 27192 121...... 25127 Proposed Rules: 600...... 25324 47 CFR 745...... 24802 129...... 25127 1904...... 24505 0...... 28206 135...... 25127 1910 ...... 23677, 24509, 24835, Proposed Rules: 54...... 25113, 26137 27237, 27239 9...... 28227 15 CFR 73...... 25119, 27199 1915...... 27239 51...... 28227 97...... 27200 748...... 25763, 27185 52 ...... 23640, 24542, 24544, 1926...... 27239 Proposed Rules: 24844, 25797, 25798, 26685, 2700...... 28223 Ch. I...... 26171, 26180 16 CFR 26892, 27510, 27512, 27514, 15...... 27256 30 CFR 27975, 28227 Proposed Rules: 54...... 25156, 26906 60...... 27249 1107...... 28336 250...... 23582 64...... 26701 63...... 28227 1109...... 28208 73...... 27977 31 CFR 80...... 26049, 26165 1120...... 27497, 27504 76...... 27256, 27264 81 ...... 26685, 26898, 27514 363...... 26089 97...... 27272 17 CFR 551...... 24394 82...... 25799 Proposed Rules: Proposed Rules: 98...... 26904 48 CFR 180...... 28156 200...... 23328 210...... 27239 212...... 27946 300...... 26166, 27255 229...... 23328 222...... 27946 32 CFR 745...... 24848, 25038 230...... 23328 252...... 25119, 27946 232...... 23328 551...... 24394 41 CFR Proposed Rules: 239...... 23328 706...... 25111, 27429 24...... 26916 240...... 23328 102-39...... 24820 49...... 28228 243...... 23328 33 CFR 300-3...... 24434 Ch. 301 ...... 24434 207...... 25159 249...... 23328 100 ...... 23587, 24400, 24799, 301-10...... 24434 211...... 25160 26091, 27430 18 CFR 301-51...... 24434 212...... 25161 117 ...... 23588, 24400, 25765 301-52...... 24434 215...... 25165 1b...... 24392 147...... 26091 301-70...... 24434 225...... 25167 40...... 26057 165 ...... 23589, 23592, 24402, 301-75...... 24434 227...... 25161 157...... 24392 24799, 25111, 25766, 26094, 302-6...... 24434 234...... 25165 Proposed Rules: 26098, 26648, 26650, 27432, 302-9...... 24434 242...... 25165 37...... 24828 27638, 27641, 28194, 28200, 252 ...... 25160, 25161, 25165 28202 42 CFR 9904...... 25982 19 CFR 334...... 26100 410...... 26350 101...... 24392 49 CFR Proposed Rules: 411...... 26350 100...... 26152 21 CFR 414...... 26350 105...... 27205 165 ...... 23202, 23209, 23212, 415...... 26350 107...... 27205 520...... 26646 25794, 26155, 26157, 27507 424...... 24437 171...... 27205 522...... 26647 173...... 25137 431...... 24437 173...... 27205 524...... 26647 174...... 25137 485...... 26350 174...... 27205 556...... 24394 181...... 25137 498...... 26350 176...... 27205 558...... 24394 187...... 25137 Proposed Rules: 177...... 27205 Proposed Rules: 5...... 26167 179...... 27205 1140...... 27672 36 CFR 412...... 23852 531...... 25324 251...... 24801 533...... 25324 22 CFR 413...... 23852 536...... 25324 37 CFR 440...... 23852 22...... 28188 441...... 23852 537...... 25324 Proposed Rules: Proposed Rules: 482...... 23852 538...... 25324 62...... 23196 201...... 27248 485...... 23852 Proposed Rules: 26...... 25815 24 CFR 38 CFR 489...... 23852 40...... 26183 202...... 23582 Proposed Rules: 43 CFR 171...... 27273 1...... 24510, 26160 8360...... 27452 173...... 27273 26 CFR 17...... 26683 213...... 25928 1 ...... 26061, 27927, 27934 62...... 24514 44 CFR 220...... 27672 54...... 27122 64...... 24820 238...... 25928 39 CFR 602...... 27122 65...... 23593 594...... 25169 Proposed Rules: 232...... 28204 67 ...... 23595, 23600, 23608 54...... 27141 Proposed Rules: Proposed Rules: 50 CFR 111...... 24534 67...... 23615, 23620 222...... 27649 28 CFR 300...... 27216 20...... 24796 40 CFR 45 CFR 622 ...... 23186, 24822, 26679, 540...... 25110 51...... 27191, 27643 144...... 27122 27217, 27658

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635...... 26679, 27217 660...... 24482 Proposed Rules: 224...... 25174 640...... 27217 679...... 23189 17 ...... 23654, 24545, 27690 253...... 24549 648...... 27219, 27221 660...... 23615, 23620 20...... 27144 660...... 26702 654...... 26679, 27217 83...... 24862 697...... 26703

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The text of laws is not H.R. 3714/P.L. 111–166 enacted public laws. To published in the Federal Daniel Pearl Freedom of the subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Press Act of 2009 (May 17, listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 2010; 124 Stat. 1186) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List May 19, 2010 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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