9–9–09 Vol. 74 No. 173 Wednesday Sept. 9, 2009 Pages 46301–46488

9–9–09 Wednesday Vol. 74 No. 173 Sept. 9, 2009

Pages 46301–46488

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Contents Federal Register Vol. 74, No. 173

Wednesday, September 9, 2009

Actuaries, Joint Board for Enrollment See International Trade Administration See Joint Board for Enrollment of Actuaries Copyright Royalty Board Agency for International Development NOTICES NOTICES Distribution of the 2007 Cable Royalty Funds, 46468–46469 National Environmental Policy Act: Categorical Exclusions for Certain Internal, Domestic Defense Department USAID Activities Funded from the USAID Operating NOTICES Expense Account, 46413–46415 Privacy Act; Systems of Records, 46418–46420 Agricultural Marketing Service Drug Enforcement Administration RULES PROPOSED RULES Dried Prunes Produced in California; Decreased Assessment Identification of Institution-based Individual Practitioners, Rate, 46310–46312 46396–46399 Kiwifruit Grown in California; Change in Reporting Requirements, 46306–46310 Education Department Oranges, Grapefruit, Tangerines, and Tangelos Grown in PROPOSED RULES Florida; Order Amending Marketing Order (No. 905), Office of Postsecondary Education: 46303–46306 Negotiated Rulemaking for Programs; Establishment of NOTICES Negotiated Rulemaking Committees, 46399–46401 Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals, 46408–46409 Meetings: See Federal Energy Regulatory Commission National Organic Standards Board, 46411–46413 Environmental Protection Agency Agriculture Department RULES See Agricultural Marketing Service Pesticide Tolerance Nomenclature Changes; Technical See Animal and Plant Health Inspection Service Amendment, 46369–46377 See Rural Utilities Service Pesticide Tolerances: NOTICES Pendimethalin, 46377–46382 PROPOSED RULES Agency Information Collection Activities; Proposals, Revisions to Test Method for Determining Stack Gas Submissions, and Approvals, 46407–46408 Velocity, etc.; Correction, 46401 Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46422–46425 Submissions, and Approvals, 46465–46468 Meetings: Board of Scientific Counselors, Computational Toxicology Animal and Plant Health Inspection Service Subcommittee, 46425–46426 NOTICES Mobile Sources Technical Review Subcommittee, 46425 Environmental Impact Statements; Availability, etc.: Executive Office of the President Citrus Greening and Asian Citrus Psyllid, 46409–46411 See Presidential Documents Arts and Humanities, National Foundation Federal Aviation Administration See National Foundation on the Arts and the Humanities RULES Centers for Medicare & Medicaid Services Airworthiness Directives: NOTICES 328 Support Services GmbH Dornier Model 328–100 and Agency Information Collection Activities; Proposals, 300 Airplanes, 46339–46342 Submissions, and Approvals, 46432–46433 Airbus Model A300 B2 1C, B2–203, B2K–3C, B4–103, B4 203, and B4–2C Airplanes, 46327–46329 Coast Guard Airbus Model A310–203, –204, –221, –222, –304, –322, RULES –324, and –325 Airplanes, 46342–46345 Financial Responsibility for Water Pollution (Vessels) and Airbus Model A330–200 and –300 Series Airplanes and OPA 90 Limits of Liability (Vessels and Deepwater Model A340–200 and –300 Series Airplanes, 46322– Ports), 46367 46324 Security Zones: Airbus Model A330–300, A340–200, and A340 300 Series Calcasieu River, Hackberry, LA, 46367–46369 Airplanes, 46313–46317 Special Local Regulations for Marine Events: ATR Model ATR42 and ATR72 Airplanes, 46336–46339 Choptank River, Cambridge, MD, 46364–46367 Boeing Model 707 Airplanes, and Model 720 and 720B Series Airplanes, 46331–46334 Commerce Department Boeing Model 737–600, –700, –700C, –800, –900 and See Industry and Security Bureau –900ER Series Airplanes, 46324–46327

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Bombardier Model DHC–8–400 Series Airplanes, 46317– Food and Drug Administration 46319 NOTICES Fokker Model F.28 Mark 0070 and 0100 Airplanes, Agency Information Collection Activities; Proposals, 46319–46322 Submissions, and Approvals, 46430–46432 Fokker Model F.28 Mark 0070 and 0100 Series Airplanes, Draft Guidance for Industry and Food and Drug 46334–46336 Administration Staff: Rolls–Royce plc. (RR) RB211 Trent 900 Series Turbofan Establishing the Performance Characteristics of In Vitro Engines, 46329–46331 Diagnostic Devices for the Detection or Detection and PROPOSED RULES Differentiation of Human Papillomaviruses, 46433– Airworthiness Directives: 46434 General Electric Company (GE) CJ610 Series Turbojet Guidance for Industry: Engines and CF700 Series Turbofan Engines, 46395– Questions and Answers Regarding the Reportable Food 46396 Registry, etc., 46434–46435 Meetings: Federal Communications Commission Cellular, Tissue and Gene Therapies Advisory RULES Committee, 46435–46436 Amendment of Service and Eligibility Rules for FM Oncologic Drugs Advisory Committee, 46435 Broadcast Translator Stations, 46382–46384 Selection Process for a Pool of Nonvoting Industry Representatives for the Risk Communication Advisory Federal Deposit Insurance Corporation Committee, etc.: NOTICES Request for Notification From Industry Organizations Agency Information Collection Activities; Proposals, Interested in Participating, 46440–46441 Submissions, and Approvals, 46426–46427 Selection Process for Nonvoting Industry Representatives on Medical Device Advisory Committee Panels, etc.: Federal Energy Regulatory Commission Request for Notification from Industry Organizations NOTICES Interested in Participating, 46441–46442 Authorization for Continued Project Operation: Voting and Nonvoting Consumer Representative Members Boulder, CO, 46420–46421 on Public Advisory Committees and Panels; Request for Combined Notice of Filings, 46421 Nominations, 46442–46445 Environmental Impact Statements; Availability, etc.: Pacific Gas and Electric Co., 46421 Foreign Assets Control Office RULES Federal Maritime Commission Sudanese Sanctions Regulations, 46361–46364 NOTICES Agreements Filed, 46428–46429 Health and Human Services Department Ocean Transportation Intermediary License: See Centers for Medicare & Medicaid Services Applicants, 46429 See Food and Drug Administration Reissuances, 46429 See Indian Health Service Rescission of Order of Revocation, 46430 Homeland Security Department Revocations, 46429 See Coast Guard

Federal Railroad Administration Housing and Urban Development Department RULES NOTICES Excess Risk Estimate for Highway-Rail Grade Crossings Agency Information Collection Activities; Proposals, Along the Florida East Coast Railway Line, 46384– Submissions, and Approvals, 46445–46448 46394 Indian Health Service Federal Reserve System NOTICES NOTICES Privacy Act; Systems of Records, 46436–46440 Change in Bank Control Notices, Acquisition of Shares of Bank or Bank Holding Companies; Correction, 46427 Industry and Security Bureau Formations of, Acquisitions by, and Mergers of Bank NOTICES Holding Companies, 46427–46428 Action Affecting Export Privileges: Proposals to Engage in Permissible Nonbanking Activities Andrew Ward Freyer, 46415–46416 or to Acquire Companies that are Engaged in Bertrand Lalsingh, 46416–46417 Permissible Nonbanking Activities, 46428 Information Security Oversight Office Fish and Wildlife Service NOTICES PROPOSED RULES Meetings: Endangered and Threatened Wildlife and Plants: National Industrial Security Program Policy Advisory 90-Day Finding on a Petition to List the Eastern Committee, 46470 Population of the Gopher Tortoise as Threatened, 46401–46406 Interior Department NOTICES See Fish and Wildlife Service Environmental Impact Statements; Availability, etc.: See Land Management Bureau Eastern Neck National Wildlife Refuge, Kent County, MD; See Minerals Management Service Comprehensive Conservation Plan, 46456–46458 See National Park Service

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See Reclamation Bureau National Foundation on the Arts and the Humanities NOTICES Internal Revenue Service Meetings: RULES Arts Advisory Panel, 46470 Declaratory Judgments – Gift Tax Determinations, 46347– 46350 National Park Service Treatment of Services Under Section 482; Allocation of NOTICES Income and Deductions From Intangible Property, etc.; Meetings: Correction, 46345–46347 Concessions Management Advisory Board, 46459

International Trade Administration National Transportation Safety Board NOTICES NOTICES Antidumping: Meetings; Sunshine Act, 46470 Honey from Argentina, 46418 Nuclear Regulatory Commission International Trade Commission NOTICES NOTICES Applications: Investigations: Exelon Generation Co., LLC; Braidwood Station, Units 1 Kitchen Appliance Shelving and Racks From China, and 2, et al.; Withdrawal, 46470–46471 46464 Meetings; Sunshine Act, 46471–46472 Withdrawal of Proposed Regulatory Issue Summary; Joint Board for Enrollment of Actuaries Implementation of New Final Rule, Protection of NOTICES Safeguards Information, 46472 Meetings: Advisory Committee, 46464–46465 Occupational Safety and Health Administration RULES Justice Department Updating OSHA Standards Based on National Consensus See Alcohol, Tobacco, Firearms, and Explosives Bureau Standards; Personal Protective Equipment, 46350– See Drug Enforcement Administration 46361

Labor Department Presidential Documents See Occupational Safety and Health Administration PROCLAMATIONS Special Observances: Land Management Bureau National Days of Prayer and Remembrance (Proc. 8410), NOTICES 46301–46302 Alaska Native Claims Selection, 46451–46452 Reclamation Bureau Competitive Coal Lease Sale: NOTICES North Dakota, 46452 Environmental Impact Statements; Availability, etc.: Environmental Impact Statements; Availability, etc.: B.F. Sisk Dam Corrective Action Project, Merced County, Greater Chapita Wells Natural Gas Infill Project, Uintah CA; Public Scoping Meeting, 46452–46453 County, UT, 46458–46459 Reach 4B, Eastside Bypass and Mariposa Bypass Low Meetings: Flow Channel and Structural Improvements Project, Resource Advisory Council to the Boise District, 46459– Merced County, CA, 46453–46454 46460 Proposed Supplementary Rules for Public Lands in Rural Utilities Service Colorado: NOTICES Gunnison Gorge National Conservation Area and Agency Information Collection Activities; Proposals, Adjacent Public Lands, Montrose and Delta Counties, Submissions, and Approvals, 46409 CO, 46460–46464 Securities and Exchange Commission Library of Congress NOTICES See Copyright Royalty Board Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange LLC, 46472–46476 Minerals Management Service NOTICES Sentencing Commission, United States Agency Information Collection Activities; Proposals, See United States Sentencing Commission Submissions, and Approvals, 46448–46451 Environmental Impact Statements; Availability, etc.: Small Business Administration Proposed Outer Continental Shelf Oil and Gas Lease Sale RULES 215 in the Western Gulf of Mexico Planning Area Small Business Size Regulations: (2010), 46455–46456 Rules of Procedure Governing Cases Before the Office of Hearings and Appeals; Correction, 46312–46313 National Aeronautics and Space Administration NOTICES State Department Intent to Grant Partially Exclusive License, 46469 NOTICES Meetings: National Archives and Records Administration Advisory Panel to the U.S. Section of the North Pacific See Information Security Oversight Office Anadromous Fish Commission, 46477

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Shipping Coordinating Committee, 46476–46477 United States Sentencing Commission NOTICES Surface Transportation Board Sentencing Guidelines for United States Courts, 46478– NOTICES 46481 Acquisition Exemptions: Regional Transportation District; Union Pacific Railroad Co.; Adams, Boulder, Broomfield, and Weld, CO, Veterans Affairs Department 46477–46478 NOTICES Intent to Renew Charter: Agency Information Collection Activities; Proposals, Renewal of Rail Energy Transportation Advisory Submissions, and Approvals, 46481–46487 Committee, 46478 Meetings: Advisory Committee on Disability Compensation, 46487 Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Reader Aids Consult the Reader Aids section at the end of this page for Treasury Department phone numbers, online resources, finding aids, reminders, See Foreign Assets Control Office and notice of recently enacted public laws. See Internal Revenue Service To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Appointment of Members of the Legal Division to the listserv.access.gpo.gov and select Online mailing list Performance Review Board; Internal Revenue Service, archives, FEDREGTOC-L, Join or leave the list (or change 46478 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: 8410...... 46301 7 CFR 905...... 46303 920...... 46306 993...... 46310 13 CFR 121...... 46312 14 CFR 39 (12 documents) ...... 46313, 46317, 46319, 46322, 46324, 46327, 46329, 46331, 46334, 46336, 46339, 46342 Proposed Rules: 39...... 46395 21 CFR Proposed Rules: 1301...... 46396 26 CFR 1 (2 documents) ...... 46345, 46346 301...... 46347 29 CFR 1910...... 46350 1915...... 46350 1917...... 46350 1918...... 46350 31 CFR 538...... 46361 33 CFR 100...... 46364 138...... 46367 165...... 46367 34 CFR Proposed Rules: Ch.VI...... 46399 40 CFR 180 (2 documents) ...... 46369, 46377 Proposed Rules: 60...... 46401 47 CFR 74...... 46382 49 CFR 222...... 46384 50 CFR Proposed Rules: 17...... 46401

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Federal Register Presidential Documents Vol. 74, No. 173

Wednesday, September 9, 2009

Title 3— Proclamation 8410 of September 3, 2009

The President National Days of Prayer And Remembrance, 2009

By the President of the United States of America

A Proclamation They were daughters and sons, sisters and brothers, mothers and fathers, spouses and partners, family and friends, colleagues and strangers. They hailed from cities and towns across our Nation and world. On September 11, 2001, thousands of innocent women and men were taken from us, and their loss leaves an emptiness in our hearts. Hundreds perished as planes struck the skyline of New York City, the structure of the Pentagon, and the grass of Pennsylvania. In the immediate aftermath of these tragedies, many victims died as they sought safety. Self- lessly placing themselves in danger, first responders, members of the Armed Forces, and private citizens made the ultimate sacrifice working to assist others. During the National Days of Prayer and Remembrance, Americans across the country cherish the memory of all those who passed and honor and pray for their families and friends. Americans also remember and pray for the safety and success of the members of the United States Armed Forces, who work every day to keep our Nation safe from terrorism and other threats to our security. Military members assisted those in need on September 11, 2001, and serve now in Iraq, Afghanistan, and around the world. They have left the safety of home so that our Nation might be more secure. They have endured great sacrifice so that we might enjoy the blessings of liberty. Our servicemembers represent the best of America, and they deserve our deepest respect and gratitude. The threat of terrorism has denied too many men, women, and children their right to live in peace and security. As the United States works to defeat terrorists and build a more hopeful future for our children and young people across the world, we seek humility and strength. We reflect upon the lessons drawn from our national tragedy, seek God’s guidance and wis- dom, and, never forgetting the lost, commit to working in common cause with our friends and allies to create a safer and brighter world for current and future generations. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim Friday, September 4, through Sunday, September 6, as National Days of Prayer and Remembrance. I ask that the people of the United States, each in their own way, honor the victims of September 11, 2001, and their families through prayer, memorial services, the ringing of bells, and evening candlelight remembrance vigils. I invite the people of the world to share in this solemn commemora- tion.

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IN WITNESS WHEREOF, I have hereunto set my hand this third day of September, in the year of our Lord two thousand nine, and of the Independ- ence of the United States of America the two hundred and thirty-fourth.

[FR Doc. E9–21852 Filed 9–8–09; 8:45 am] Billing code 3195–W9–P

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Rules and Regulations Federal Register Vol. 74, No. 173

Wednesday, September 9, 2009

This section of the FEDERAL REGISTER Vegetable Programs, AMS, USDA, 1400 Agriculture, a Recommended Decision contains regulatory documents having general Independence Avenue, SW., Stop 0237, and Opportunity to File Written applicability and legal effect, most of which Washington, DC 20250–0237; Exceptions thereto by January 23, 2009. are keyed to and codified in the Code of Telephone: (202) 720–2491, Fax: (202) No exceptions were filed. Federal Regulations, which is published under 720–8938, or E-mail: A Secretary’s Decision and 50 titles pursuant to 44 U.S.C. 1510. [email protected]. Referendum Order was issued on April The Code of Federal Regulations is sold by Small businesses may request 6, 2009, directing that a referendum be the Superintendent of Documents. Prices of information on this proceeding by conducted during the period May 4 new books are listed in the first FEDERAL contacting Jay Guerber, Marketing Order through May 18, 2009, among growers REGISTER issue of each week. Administration Branch, Fruit and of fresh oranges, grapefruit, tangerines, Vegetable Programs, AMS, USDA, 1400 and tangelos to determine whether they Independence Avenue, SW., Stop 0237, favored the proposed amendments to DEPARTMENT OF AGRICULTURE Washington, DC 20250–0237; the order. To become effective, the Telephone: (202) 720–2491, Fax: (202) amendments had to be approved by at Agricultural Marketing Service 720–8938, or E-mail: least two-thirds of those producers [email protected]. voting or by voters representing at least 7 CFR Part 905 two-thirds of the volume of citrus SUPPLEMENTARY INFORMATION: Prior represented by voters in the referendum. [Doc. No. AO–85–A10; AMS–FV–07–0132; documents in this proceeding: Notice of Three of the proposed amendments FV08–905–1] Hearing issued on January 24, 2008, and were favored by 95 percent of the voters, published in the January 29, 2008, issue Oranges, Grapefruit, Tangerines, and representing 99 percent of the volume. of the Federal Register (73 FR 5130); a Tangelos Grown in Florida; Order One amendment was favored by 88 Recommended Decision issued on Amending Marketing Order No. 905 percent of voters, who represented 49 December 19, 2008, and published in AGENCY: Agricultural Marketing Service, percent of the volume. the December 24, 2008, issue of the The amendments approved by voters USDA. Federal Register (73 FR 79028); and a and included in this order will: ACTION: Final rule. Secretary’s Decision and Referendum 1. Modify committee representation Order issued on April 6, 2009, and SUMMARY: This final rule amends the by cooperative committees; published in the April 13, 2009, issue of 2. Allow substitute alternates to marketing order for oranges, grapefruit, the Federal Register (74 FR 16798). tangerines, and tangelos grown in temporarily represent absent members This action is governed by the at committee meetings; Florida. The amendments were provisions of sections 556 and 557 of proposed by the Citrus Administrative 3. Authorize the committee to Title 5 of the United States Code and is conduct meetings by telephone or other Committee (committee), which is therefore excluded from the responsible for local administration of means of communication; and requirements of Executive Order 12866. 4. Add authority for research and the order. The amendments will modify promotion programs, including paid committee representation by Preliminary Statement advertising, for fresh Florida citrus. cooperative entities; allow substitute This final rule was formulated on the The Agricultural Marketing Service alternates to temporarily represent record of a public hearing held on (AMS) also proposed to make such absent members at committee meetings; February 12, 2008, in Winter Haven, changes to the order as might be authorize the committee to conduct Florida. Notice of this hearing was necessary to ensure that all of the meetings by telephone or other means of issued on January 24, 2008, and order’s provisions conform to the communication; and authorize the published in the January 29, 2008, issue effectuated amendments. AMS proposed committee to conduct research and of the Federal Register (73 FR 5130). replacing the word ‘‘he’’ in the second promotion programs, including paid The hearing was held to consider the sentence of § 905.22(a)(2) with the advertising, for fresh Florida citrus. The proposed amendment of Marketing words ‘‘he or she’’ to conform to other amendments are intended to improve Order No. 905, hereinafter referred to as proposed changes to § 905.22. the operation and administration of the the ‘‘order’’. An amended marketing agreement order and provide the industry with The hearing was held pursuant to the was subsequently provided to all fresh additional tools for the marketing of provisions of the Agricultural Marketing orange, grapefruit, tangerine, and fresh citrus. Agreement Act of 1937, as amended (7 tangelo handlers in the production area DATES: This rule is effective October 9, U.S.C. 601–674), hereinafter referred to for their approval. The marketing 2009. as the ‘‘Act,’’ and the applicable rules of agreement was not approved by FOR FURTHER INFORMATION CONTACT: practice and procedure governing the handlers representing at least 50 percent Melissa Schmaedick, Marketing Order formulation of marketing agreements of the volume of fresh oranges, Administration Branch, Fruit and and marketing orders (7 CFR part 900). grapefruit, tangerines, and tangelos Vegetable Programs, AMS, USDA, 1220 The Notice of Hearing contained four handled by all handlers during the SW. Third Avenue, Room 385, Portland, amendment proposals submitted by representative period of August 1, 2007 OR 97204; Telephone: (503) 326–2724, committee. Upon the basis of evidence through July 31, 2008. Fax: (503) 326–7440, or E-mail: introduced at the hearing and the record [email protected]; or thereof, the Administrator of AMS on Small Business Considerations Laurel May, Marketing Order December 19, 2008, filed with the Pursuant to the requirements set forth Administration Branch, Fruit and Hearing Clerk, U.S. Department of in the Regulatory Flexibility Act (RFA)

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(5 U.S.C. 601–612), AMS has considered recommendations and other decisions cooperatives, are represented the economic impact of this action on are made are open to the public. All appropriately during committee small entities. Accordingly, AMS has members are able to participate in deliberations. prepared this final regulatory flexibility committee deliberations, and each Allowing substitute alternates to analysis. committee member has an equal vote. represent absent members at committee The purpose of the RFA is to fit Others in attendance at meetings are meetings, will have no adverse regulatory actions to the scale of also allowed to express their views. economic impact on producers or business subject to such actions so that After discussions within the citrus handlers of any size. Members who are small businesses will not be unduly or industry, the committee considered unable to attend committee meetings disproportionately burdened. Marketing developing its own research and will be allowed to designate available orders and amendments thereto are marketing promotion programs focusing alternates to represent them if their own unique in that they are normally on fresh Florida citrus. An amendment alternates are also unavailable in order brought about through group action of study subcommittee was formed to to achieve a quorum. If members are essentially small entities for their own explore this idea and other possible unable to designate substitute alternates, benefit. order revisions. The subcommittee the committee can designate substitutes Small agricultural service firms, developed a list of proposed at the meeting, if necessary to secure a which include handlers regulated under amendments to the order, which was quorum. Substitute alternates will be the order, have been defined by the then presented to the committee and required to represent the same group Small Business Administration (SBA) shared with other industry affiliation (producer or handler) as the (13 CFR 121.201) as those having annual organizations. The proposed absent members and alternates. The receipts of less than $7,000,000. Small amendments were also posted on the amendment will allow alternates not agricultural producers have been committee’s Web site for review by the otherwise representing absent members defined as those with annual receipts of Florida citrus industry at large. to represent other members at less than $750,000. The committee met to review and committee meetings in order to secure a There are approximately 48 handlers discuss the subcommittee’s proposals at quorum. This will help ensure that of fresh citrus subject to regulation its meeting on May 29, 2007. At that quorum requirements are met and that under the order and approximately time, the committee voted unanimously committee business is addressed in a 7,700 producers of fresh citrus in the to support the four proposed timely manner. regulated area. Information provided at amendments that were forwarded to Adding authority to conduct the hearing indicates that over 90 AMS. committee meetings by telephone or percent of the handlers would be In addition, the hearing to receive other means of communication is considered small agricultural service evidence on the proposed changes was expected to benefit producers and firms. Hearing testimony also suggests open to the public and all interested handlers of all sizes by improving that the majority of producers would parties were invited and encouraged to committee efficiencies and encouraging also be considered small entities participate and provide their views. greater participation in industry according to the SBA’s definition. The amendments are intended to deliberations. It is not expected to result The order regulates the handling of provide the committee and the industry in any significant increased costs to fresh citrus grown in the state of with additional flexibility in producers or handlers. Using modern Florida. Total bearing citrus acreage has administering the order and producing communication technology will allow declined from a peak of approximately and marketing fresh Florida citrus. the committee to respond more quickly 800,000 acres in 1996–97 to about Record evidence indicates that the to urgent industry needs and will 550,000 acres in 2006–07, largely due to amendments are intended to benefit all provide greater access to meetings by hurricane damage and the removal of producers and handlers under the order, members and other industry diseased citrus trees. Approximately regardless of size. All producer and participants. Greater meeting flexibility 7.236 million tons of citrus were handler witnesses supported the will make it easier for the committee to produced in Florida during the 2006–07 amendments at the hearing. Some hold additional meetings where there is season—a decline of approximately 6 witnesses commented on the a need for lengthier discussion and million tons compared to the 1996–97 implications of implementing specific consensus building. These changes are season. According to evidence provided marketing, research, and development consistent with current practices in at the hearing, approximately 10 percent programs. In that context, witnesses other citrus industry settings. of Florida citrus is used in the fresh stated that they expected the benefits to Adding authority to establish research market, while the remainder is used in producers and handlers to outweigh any and promotion programs will enable the the production of processed juice potential costs. committee to address the specific needs products. Generally, 40 percent of The amendment reducing the of the Florida fresh citrus industry by Florida’s fresh citrus is shipped to required number of cooperative recommending, conducting, and export markets, including the Pacific producer and cooperative handler seats funding research projects and Rim countries, Europe, and Canada. on the committee from three each to two promotional programs, including paid Under the order, outgoing quality each will have no economic impact on advertising, that focus on the regulations are established for fresh producers or handlers of any size. The production, handling, and marketing of citrus shipments, and statistical number of cooperative entities in the fresh citrus. information is collected. Program industry has diminished considerably Hearing witnesses testified that the activities administered by the since the order’s promulgation. committee’s assessment rate could committee are designed to support large Reducing the number of cooperative increase to cover the costs of any newly and small citrus producers and seats on the committee at this time will authorized research and promotion handlers. The 18-member committee is reflect the current composition of the projects, but that there may be an offset comprised of both producer and handler industry. The reduction will help by decreases in payments by the representatives from the production ensure that the interests of all large and industry to fund projects through other area, as well as a public member. small producers and handlers, whether entities. Any increased assessment costs Committee meetings where regulatory independent or members of would be based on the volume of fresh

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citrus shipped by each handler and AMS is committed to complying with (1) The marketing order, as amended, would, therefore, be applied the E-Government Act, to promote the and as hereby further amended, and all proportionately to all handlers. use of the Internet and other of the terms and conditions thereof, will The benefits expected to accrue to information technologies to provide tend to effectuate the declared policy of producers and handlers following increased opportunities for citizen the Act; implementation of this amendment access to Government information and (2) The marketing order, as amended, should outweigh the costs. Witnesses services, and for other purposes. and as hereby further amended, advocated the establishment of Civil Justice Reform regulates the handling of oranges, production research programs that grapefruit, tangerines, and tangelos would assist with the development of The amendments to Marketing Order grown in the production area in the new varieties and post-harvest handling 905 as stated herein have been reviewed same manner as, and is applicable only methods to improve the marketability of under Executive Order 12988, Civil to persons in the respective classes of fresh Florida citrus. Marketing programs Justice Reform. They are not intended to commercial and industrial activity specific to fresh citrus are expected to have retroactive effect. specified in the marketing order upon increase consumer demand and sales, The Act provides that administrative which hearings have been held; which should in turn increase returns to proceedings must be exhausted before (3) The marketing order, as amended, parties may file suit in court. Under producers and handlers. Improved and as hereby further amended, is section 608c(15)(A) of the Act, any production and marketing strategies limited in application to the smallest handler subject to an order may file developed under the authorized regional production area which is with USDA a petition stating that the programs are expected to outweigh any practicable, consistent with carrying out order, any provision of the order, or any additional costs to the Florida fresh the declared policy of the Act, and the obligation imposed in connection with citrus industry. In addition, any issuance of several orders applicable to the order is not in accordance with law increased costs would be proportional subdivision of the production area and request a modification of the order to a handler’s size and would not would not effectively carry out the or to be exempted therefrom. A handler unduly or disproportionately impact declared policy of the Act; is afforded the opportunity for a hearing (4) The marketing order, as amended, small entities. Witness support for this on the petition. After the hearing, USDA and as hereby further amended, amendment was unanimous at the would rule on the petition. The Act prescribes, insofar as practicable, such hearing. provides that the district court of the different terms applicable to different Interested persons were invited to United States in any district in which parts of the production area as are present evidence at the hearing on the the handler is an inhabitant, or has his necessary to give due recognition to the probable regulatory and informational or her principal place of business, has impact of the proposed amendments to jurisdiction to review USDA’s ruling on differences in the production and the order on small entities. The record the petition, provided an action is filed marketing of oranges, grapefruit, evidence is that implementation of the no later than 20 days after the date of tangerines, and tangelos grown in the amendments will have little or no the entry of the ruling. production area; and impact on producers and handlers. (5) All handling of oranges, grapefruit, USDA has not identified any relevant Order Amending the Order Regulating tangerines, and tangelos grown in the Federal rules that duplicate, overlap or the Handling of Oranges, Grapefruit, production area is in the current of conflict with this proposed rule. These Tangerines, and Tangelos Grown in interstate or foreign commerce or amendments are intended to improve Florida directly burdens, obstructs, or affects the operation and administration of the Findings and Determinations such commerce. order and to assist in the marketing of (b) Determinations. It is hereby The findings and determinations set fresh Florida citrus. determined that: forth hereinafter are supplementary and (1) Handlers (excluding cooperative Paperwork Reduction Act in addition to the findings and determinations previously made in associations of producers who are not Information collection requirements connection with the issuance of the engaged in processing, distributing, or for Part 905 are currently approved by order; and all of said previous findings shipping oranges, grapefruit, tangerines, the Office of Management and Budget and determinations are hereby ratified and tangelos covered by the order as (OMB), under OMB Number 0581– and affirmed, except insofar as such hereby amended) who, during the 0189—‘‘Generic OMB Fruit Crops.’’ No findings and determinations may be in period August 1, 2007 through July 31, changes in these requirements are conflict with the findings and 2008, handled 50 percent or more of the anticipated as a result of these determinations set forth herein. volume of such oranges, grapefruit, amendments. Should any such changes (a) Findings and Determinations Upon tangerines, and tangelos covered by said become necessary, they will be the Basis of the Hearing Record. order, as hereby amended, have not submitted to OMB for approval. Pursuant to the provisions of the signed an amended marketing As with all Federal marketing order Agricultural Marketing Agreement Act agreement; and, programs, reports and forms are of 1937, as amended (7 U.S.C. 601–674) (2) The issuance of this amendatory periodically reviewed to reduce and the applicable rules of practice and order, further amending the aforesaid information requirements and procedure effective thereunder (7 CFR order, is favored or approved by at least duplication by industry and public part 900), a public hearing was held two-thirds of the producers who sector agencies. upon the proposed amendments to participated in a referendum on the AMS is committed to complying with Marketing Order No. 905 (7 CFR part question of approval and who, during the Government Paperwork Elimination 905), regulating the handling of oranges, the period of August 1, 2007 through Act, which requires Government grapefruit, tangerines, and tangelos July 31, 2008 (which has been deemed agencies in general to provide the public grown in Florida. to be a representative period), have been the option of submitting information or Upon the basis of the evidence engaged within the production area in transacting business electronically to introduced at such hearing and the the production of such oranges, the maximum extent possible. record thereof, it is found that: grapefruit, tangerines, and tangelos; and

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(3) In the absence of a signed than six members and their alternates § 905.54 Marketing, research and marketing agreement, the issuance of shall be made by handlers who are not development. this amendatory order is the only so affiliated. In voting for nominees, The committee may, with the practical means pursuant to the each handler or his or her authorized approval of the Secretary, establish, or declared policy of the Act of advancing representative shall be entitled to cast provide for the establishment of, the interests of producers of oranges, one vote, which shall be weighted by projects including production research, grapefruit, tangerines, and tangelos in the volume of fruit by such handler marketing research and development the production area. during the then current fiscal period. projects, and marketing promotion ■ including paid advertising, designed to Order Relative to Handling of Oranges, 3. Revise § 905.23 to read as follows: assist, improve, or promote the Grapefruit, Tangerines, and Tangelos § 905.23 Selection. marketing, distribution, and Grown in Florida (a) From the nominations made consumption or efficient production of It is therefore ordered, That on and pursuant to § 905.22(a) or from other fruit. The expenses of such projects after the effective date hereof, all qualified persons, the Secretary shall shall be paid by funds collected handling of oranges, grapefruit, select one member and one alternate pursuant to § 905.41. Upon conclusion tangerines, and tangelos grown in member to represent District 2 and two of each project, but at least annually, the Florida shall be in conformity to, and in members and two alternate members committee shall summarize the program compliance with, the terms and each to represent Districts 1, 3, 4, and status and accomplishments to its conditions of the said order as hereby 5 or such other number of members and members and the Secretary. A similar amended as follows: alternate members from each district as report to the committee shall be The provisions of the proposed order may be prescribed pursuant to § 905.14. required of any contracting party on any further amending the order contained in At least two such members and their project carried out under this section. the Secretary’s Decision issued by the alternates shall be affiliated with bona Also, for each project, the contracting Administrator on April 6, 2009, and fide cooperative marketing party shall be required to maintain published in the Federal Register on organizations. records of money received and April 13, 2009 (74 FR 16798), shall be (b) From the nominations made expenditures, and such shall be and are the terms and provisions of this pursuant to § 905.22(b) or from other available to the committee and the order amending the order and set forth qualified persons, the Secretary shall Secretary. select at least two members and their in full herein. Dated: September 2, 2009. alternates to represent bona fide List of Subjects in 7 CFR Part 905 Rayne Pegg, cooperative marketing organizations Grapefruit, Marketing agreements, which are handlers, and the remaining Administrator, Agricultural Marketing Oranges, Reporting and recordkeeping members and their alternates to Service. requirements, Tangelos, Tangerines. represent handlers who are not so [FR Doc. E9–21656 Filed 9–8–09; 8:45 am] BILLING CODE 3410–02–P ■ For the reasons set forth in the affiliated. preamble, Title 7, Chapter IX of the ■ 4. In § 905.29, redesignate paragraph Code of Federal Regulations is amended (b) as paragraph (c), and add a new DEPARTMENT OF AGRICULTURE by amending part 905 to read as follows: paragraph (b) to read as follows: Agricultural Marketing Service PART 905—ORANGES, GRAPEFRUIT, § 905.29 Inability of members to serve. TANGERINES, AND TANGELOS * * * * * 7 CFR Part 920 GROWN IN FLORIDA (b) If both a member and his or her respective alternate are unable to attend [Doc. No. AMS–FV–08–0017; FV08–920–2 ■ 1. The authority citation for 7 CFR a committee meeting, such member may FR] part 905 continues to read as follows: designate another alternate to act in his Authority: 7 U.S.C. 601–674. or her place in order to obtain a quorum: Kiwifruit Grown in California; Change Provided, That such alternate member in Reporting Requirements ■ 2. Amend § 905.22 by revising represents the same group affiliation as AGENCY: Agricultural Marketing Service, paragraphs (a)(2) and (b)(2) to read as the absent member. If the member is USDA. follows: unable to designate such an alternate, ACTION: Final rule. § 905.22 Nominations. the committee members present may designate such alternate. (a) * * * SUMMARY: This rule changes the (2) Each nominee shall be a producer * * * * * reporting requirements currently in the district from which he or she is ■ 5. Revise paragraph (c) of § 905.34 to prescribed under the marketing order nominated. In voting for nominees, each read as follows: that regulates the handling of kiwifruit producer shall be entitled to cast one grown in California. The order is § 905.34 Procedure of committees. vote for each nominee in each of the administered locally by the Kiwifruit districts in which he or she is a * * * * * Administrative Committee (Committee). producer. At least two of the nominees (c) The committee may provide for This rule requires handlers who ship and their alternates so nominated shall meeting by telephone, telegraph, or 100,000 or more trays per season to file be affiliated with a bona fide other means of communication, and any weekly shipment and price information cooperative marketing organization. vote cast at such a meeting shall be with the Committee. Shipments of (b) * * * promptly confirmed in writing: organic kiwifruit are exempt from this (2) Nomination of at least two Provided, That if any assembled meeting requirement. The Committee will use members and their alternates shall be is held, all votes shall be cast in person. this information to prepare its marketing made by bona fide cooperative * * * * * policy statements and annual reports marketing organizations which are ■ 6. Add a new § 905.54 to read as and to provide timely information to the handlers. Nominations for not more follows: industry to assist them in making

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marketing decisions throughout the allow the Committee to collect weekly Kiwifruit shipments generally begin season. shipment and price information from in September and continue through DATES: Effective Date: September 10, kiwifruit handlers who ship 100,000 or July. The Committee requires handlers 2009. more trays per season. Under this who ship 10,000 trays or more to file regulation, handlers will not be required their initial shipment reports by the fifth FOR FURTHER INFORMATION CONTACT: to provide weekly shipment and price day of the month following the month Debbie Wray, Marketing Specialist, or information on shipments of organic in which their first shipments are made. Kurt J. Kimmel, Regional Manager, kiwifruit. The information collected will This report is used to track shipments California Marketing Field Office, be used by the Committee to prepare its by type, weight, and destination. Marketing Order Administration marketing policy statement as required The Committee has established Branch, Fruit and Vegetable Programs, under the order. The information will November 5 as the deadline for filing AMS, USDA; Telephone: (559) 487– also be used to generate timely reports the initial KISS reports. Subsequent 5901, Fax: (559) 487–5906, or e-mail: for the industry as a whole to use in reports are to be filed on the fifth day [email protected] or Kurt. making marketing decisions throughout of each month throughout the season, [email protected]. the season. This rule was recommended with biweekly reports required for the Small businesses may request by the Committee at its meetings on months of December, January, and information on complying with this September 6, 2007; January 30, 2008; February. The KISS/Shipment report is regulation by contacting Jay Guerber, and April 22, 2008. used to report shipments by fruit size Marketing Order Administration Section 920.34 of the order requires and pack type. The KISS/Add Inventory Branch, Fruit and Vegetable Programs, the Committee to prepare an annual and KISS/Deduct Inventory reports are AMS, USDA, 1400 Independence report for presentation to the Secretary used to report changes in inventory. Avenue, SW., STOP 0237, Washington, and the industry. The annual report This final rule revises § 920.160 by DC 20250–0237; Telephone: (202) 720– provides a cumulative review of adding a new reporting requirement and 2491, Fax: (202) 720–8938, or e-mail: industry statistics as well as information form. Under the new regulation, [email protected]. about program activities and handlers who ship 100,000 tray SUPPLEMENTARY INFORMATION: This final expenditures. Section 920.50 of the equivalents or more per season will be rule is issued under Marketing Order order requires the Committee to prepare required to submit weekly shipment and No. 920 as amended (7 CFR part 920), an annual marketing policy report for price data on the new KISS Price/ regulating the handling of kiwifruit submission to the Secretary. The Shipment report form. The information grown in California, hereinafter referred marketing policy describes expected collected on the KISS Price/Shipment to as the ‘‘order.’’ The order is effective kiwifruit production, quality, and report will include data on gross f.o.b. under the Agricultural Marketing marketing conditions. Along with other sales and the total number of containers Agreement Act of 1937, as amended pertinent information, the marketing shipped by pack, fruit size, grade, and (7 U.S.C. 601–674), hereinafter referred policy provides the basis for the market destination. Handlers submitting to as the ‘‘Act.’’ recommendation of appropriate the KISS Price/Shipment report will no The Department of Agriculture kiwifruit handling regulations for the longer be required to submit the existing (USDA) is issuing this rule in upcoming season. Section 920.60 of the shipment report or KISS/Shipment conformance with Executive Order order authorizes the Committee to report as that information will be 12866. require handlers to file reports and collected on the new KISS Price/ This final rule has been reviewed provide other information as may be Shipment report. However, handlers under Executive Order 12988, Civil necessary for the Committee to perform submitting the KISS Price/Shipment Justice Reform. This rule is not intended these duties. The provisions of report will still be responsible for filing to have retroactive effect. § 920.60(c) require that handlers the KISS/Add Inventory and KISS/ The Act provides that administrative maintain copies of all kiwifruit receipts Deduct Inventory reports. proceedings must be exhausted before and disposals for at least two The Committee recommended the parties may file suit in court. Under succeeding fiscal years to verify their 100,000 tray threshold because handlers section 608c(15)(A) of the Act, any shipping reports. shipping 100,000 trays or more account handler subject to an order may file The Committee’s current reporting for approximately 90% of the with USDA a petition stating that the requirements are specified in § 920.160 production area’s total shipments in a order, any provision of the order, or any of the order’s administrative rules and season. Committee members believe that obligation imposed in connection with regulations. This section includes information on such shipments will the order is not in accordance with law requirements that handlers submit provide a sufficiently broad picture of and request a modification of the order shipment reports and the Kiwifruit ongoing marketing conditions. or to be exempted therefrom. A handler Inventory Shipping System (KISS) form, Information about the volume of is afforded the opportunity for a hearing which consists of three reports: KISS/ kiwifruit in the current channels of on the petition. After the hearing, USDA Add Inventory, KISS/Deduct Inventory, commerce will be compiled by the would rule on the petition. The Act and KISS/Shipment. Committee and reported to the industry. provides that the district court of the Handlers who ship fewer than 10,000 The Committee believes that such United States in any district in which trays per season are only required to file information provided throughout the the handler is an inhabitant, or has his the shipment report twice per year and season will benefit the industry as a or her principal place of business, has are not required to file the KISS form. whole when making marketing jurisdiction to review USDA’s ruling on Handlers who ship 10,000 trays or more decisions. the petition, provided an action is filed per season are required to file the While information from handlers with not later than 20 days after the date of shipment report monthly and all three total shipments of fewer than 100,000 the entry of the ruling. sections of the KISS form monthly or trays each season might not be This final rule adds a new reporting semi-monthly during certain months. significant on a weekly basis, such requirement and form to those currently The Committee provides forms to assist information will continue to be specified in the order’s administrative handlers with supplying the required collected from those handlers on the rules and regulations. This change will information. other existing shipment and KISS

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reports and will be used to generate the and the existing KISS forms, including action on small entities. Accordingly, Committee’s marketing policy the KISS/Shipment reports. The AMS has prepared this final regulatory statements and annual reports. reporting requirements for handlers flexibility analysis. The previous reporting requirements shipping fewer than 10,000 tray The purpose of the RFA is to fit made no provisions for collecting equivalents will also remain the same. regulatory actions to the scale of information on kiwifruit prices. The Also, the reporting exemption for business subject to such actions in order Committee believes that the industry as minimum quantities of kiwifruit that small businesses will not be unduly a whole will benefit from receiving handled under certain conditions or disproportionately burdened. gross f.o.b. sales information that will be specified in § 920.110(b) will remain Marketing orders issued pursuant to the collected by the Committee each week unchanged. Act, and rules issued thereunder, are and used to generate timely industry For the new KISS Price/Shipment unique in that they are brought about reports. In the past, the Committee has report, the shipping week will be through group action of essentially used information from other sources to defined as Sunday through Saturday. small entities acting on their own prepare their mandatory reports and Reports for each shipping week will be behalf. provide updates to the industry, but due no later than 5:00 p.m. (the close of Small agricultural service firms are Committee members feel that business) on Tuesday of the following defined by the Small Business information from such sources no longer week to insure timely processing of Administration (SBA) (13 CFR 121.201) meets their needs. For example, one current shipment and price information. as those having annual receipts of less voluntary industry organization collects Handlers will begin reporting following than $7,000,000, and small agricultural and reports weekly price information the first week of the season in which producers are defined as those having from participating handlers. Some they have shipments. In weeks when no annual receipts of less than $750,000. industry members have found this shipments are made, each handler will Based on Committee data, there are information helpful in making still be required to file a report approximately 30 handlers of kiwifruit marketing decisions in the past. indicating that no shipments were made subject to regulation under the However, Committee members report during the reporting period. This will marketing order and approximately 220 that the number of participating continue until the handler files a final kiwifruit growers in the production handlers has declined and that the report for the season. The new reporting area. According to information provided information collected from the form will have a space for handlers to by the Committee, approximately three remaining participants may not provide indicate when they are filing their final handlers handle only organic kiwifruit, as complete a picture of ongoing reports of the season. The price data and and four handle both conventional and marketing conditions as the Committee shipping information received from all organic kiwifruit. would like. The Committee believes that affected handlers will be compiled by The National Agricultural Statistical compiling sales information from all the Committee and presented to the Service (NASS) reported total California large-volume kiwifruit handlers in the industry throughout the season in the kiwifruit production for the 2008–09 production area will be more reflective form of general reports. At the end of season at 23,000 tons with an average of—and will be of greater benefit to—the each year, the information collected will price of $888 per ton. Based on the industry as a whole. be summarized and used to prepare the average price and shipment information There can be significant differences in Committee’s annual reports and provided by the NASS and the the price of kiwifruit throughout the marketing policy statements. Committee, it could be concluded that season, including great fluctuations in This rule also makes a correction to the majority of kiwifruit handlers would prices from week to week. The § 920.160(b). A final rule published in be considered small businesses under Committee believes that having accurate the Federal Register on December 10, the SBA definition. In addition, based and timely sales information will help 1996 [61 FR 64959], made changes to on kiwifruit production and price to reduce these price fluctuations and § 920.160(b) and inadvertently removed information, as well as the total number promote orderly marketing, resulting in part of the section. Specifically, the last of California kiwifruit growers, the increased grower returns. sentence of § 920.160(b), which average annual grower revenue is less Under the change, handlers will not specifies the frequency with which the than $750,000. Thus, the majority of be required to report shipments of KISS reports shall be filed as well as California kiwifruit producers may also organically-produced (organic) kiwifruit what information shall be included, was be classified as small entities. on the new KISS Price/Shipment report. removed. This rule restores the language This final rule changes the reporting There are only a small number of that was inadvertently removed. requirements currently prescribed under handlers who handle organic kiwifruit, Section 8e of the Act provides that the order. This rule adds a new representing a small percentage of total when certain domestically produced reporting requirement and form to the shipments. Organic kiwifruit has its commodities, including kiwifruit, are reporting requirements, which will own unique marketing conditions with regulated under a Federal marketing allow the Committee to collect weekly a pricing structure that differs from that order, imports of that commodity must shipment and price information from of conventionally-produced meet the same or comparable grade, kiwifruit handlers who ship 100,000 or (conventional) kiwifruit. Therefore, the size, quality, and maturity requirements. more trays per season. Handlers will not Committee recommended that This rule only changes the reporting be required to report information on shipments of organic kiwifruit should requirements under the domestic shipments of organic kiwifruit on this be exempt from the new reporting handling regulations. No changes to the new form but will continue to report requirements. However, organic import regulations will be made. shipments of organic kiwifruit on kiwifruit shipments will continue to be existing Committee forms. This change reported as required on the appropriate Final Regulatory Flexibility Analysis will help the Committee develop its existing Committee forms. Pursuant to requirements set forth in annual reports and marketing policy Kiwifruit handlers who ship between the Regulatory Flexibility Act (5 U.S.C. statements as required under the order 10,000 and 100,000 trays or tray 601–612) (RFA), the Agricultural and will enable the Committee to equivalents will continue to report by Marketing Service (AMS) has provide timely information to the submitting monthly shipping reports considered the economic impact of this industry as a whole to assist with

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marketing decisions. This rule revises As with all Federal marketing order handler report packets, which should § 920.160, which specifies the reporting programs, reports and forms are include the new KISS Price/Shipment requirements. In addition to the new periodically reviewed to reduce Report form, prior to the beginning of shipping and price information information requirements and shipments for the 2009–10 crop year. In collection, this rule restores a portion of duplication by industry and public addition, handlers are aware of this rule, § 920.160(b) that was inadvertently sector agencies. USDA has not which was recommended at Committee removed from the regulation during a identified any relevant Federal rules meetings on September 6, 2007; January previous rulemaking action. Authority that duplicate, overlap or conflict with 30, 2008; and April 22, 2008. Also, a 60- for the collection of shipment and other this rule. day comment period was provided in information is provided in § 920.60 of AMS is committed to complying with the proposed rule. the order. the E-Government Act, to promote the Requiring shipment and price reports use of the Internet and other List of Subjects in 7 CFR Part 920 on a weekly basis will impose an information technologies to provide Kiwifruit, Marketing agreements, additional reporting burden on handlers increased opportunities for citizen Reporting and recordkeeping who handle 100,000 or more tray access to Government information and requirements. equivalents of kiwifruit. However, this services, and for other purposes. ■ For the reasons set forth in the data is already being recorded and Further, the Committee’s meetings preamble, 7 CFR part 920 is amended as maintained by most handlers as a were widely publicized throughout the follows: routine part of their business. kiwifruit industry and all interested Consequently, any additional costs persons were invited to attend the PART 920—KIWIFRUIT GROWN IN associated with this change are expected meetings and participate in Committee CALIFORNIA to be minimal. Also, the benefits of deliberations on all issues. Like all having timely information regarding Committee meetings, the September 6, ■ 1. The authority citation for 7 CFR shipments and price are expected to 2007; January 30, 2008; and April 22, part 920 continues to read as follows: outweigh any costs associated with the 2008; meetings were public meetings Authority: 7 U.S.C. 601–674. increase in reporting burden. While this and all entities, both large and small, change will impose an additional were able to express views on this issue. § 920.160 [Amended] reporting burden on those handlers A proposed rule concerning this ■ 2. § 920.160 is amended by revising required to submit the KISS Price/ action was published in the Federal the first sentence of paragraph (a), Shipment report, those handlers will no Register on June 4, 2009 (74 FR 26806). revising paragraph (b), and adding longer be required to submit the A notice of the rule was published in paragraphs (d) and (e) to read as follows: shipment report or the KISS/Shipment the Committee’s electronic newsletter § 920.160 Reports. report, which will offset somewhat the that is distributed to all kiwifruit increase in burden. Further, the benefits handlers. Also, the rule was made (a) When requested by the Kiwifruit of this rule are expected to be equally available through the Internet by USDA Administrative Committee, each shipper available to all industry members, and the Office of the Federal Register. A who ships kiwifruit, except as provided regardless of their size. 60-day comment period, ending August in paragraph (e) of this section, shall The Committee discussed alternatives 3, 2009, was provided for interested furnish a report of shipment and to this action, including making no persons to submit comments on this inventory data to the committee no later changes to the reporting requirements. proposed rule, including the regulatory than the fifth day of the month However, the Committee believes that and informational impacts of this action following such shipment, or such other collecting weekly shipment and price on small businesses. No comments were later time established by the committee: data will provide valuable information received. Provided, That each shipper who ships to the industry. The Committee also A small business guide on complying less than 10,000 trays, or the equivalent considered using weekly sales with fruit, vegetable, and specialty crop thereof, per fiscal year and has qualified information collected by other entities. marketing agreements and orders may with the committee shall furnish such However, the Committee believes be viewed at: http://www.ams.usda.gov report of shipment and inventory data to including the information collection /AMSv1/ams.fetchTemplateData.do? the committee twice per fiscal year. under the order’s rules and regulations template=TemplateN&page=Marketing *** will make the reports they generate OrdersSmallBusinessGuide. Any (b) Kiwifruit Inventory Shipping more accurate and more reflective of the questions about the compliance guide System (KISS) form. Each handler, marketing conditions throughout the should be sent to Jay Guerber at the except such handlers that ship less than industry. Therefore, both alternatives previously mentioned address in the 10,000 trays, or the equivalent thereof, were rejected. FOR FURTHER INFORMATION CONTACT per season and have qualified with the This final rule establishes a new section. committee, shall file with the committee reporting requirement. This action also After consideration of all relevant the initial Kiwifruit Inventory Shipment requires a new Committee form, the matters presented, including the System (KISS) form, which consists of KISS Price/Shipment report. Therefore, information and recommendation three sections ‘‘KISS/Add Inventory,’’ this final rule will impose an additional submitted by the Committee and other ‘‘KISS/Deduct Inventory,’’ and ‘‘KISS/ reporting burden on handlers who available information, it is hereby found Shipment,’’ on or before November 5th, handle 100,000 tray equivalents or more that this rule, as hereinafter set forth, or such other later time as the of kiwifruit. The new form has been will tend to effectuate the declared committee may establish. Subsequent submitted to the Office of Management policy of the act. KISS forms, including all three sections, and Budget (OMB) under OMB No. It is further found that good cause shall be filed with the committee by the 0581–NEW. Upon approval of this new exists for not postponing the effective fifth day and again by the twentieth day form by OMB, it will be merged with the date of this rule until 30 days after of each calendar month, or such other forms currently approved for use under publication in the Federal Register (5 later time as the committee may OMB No. 0581–0189, Generic OMB U.S.C. 553) because the Committee establish, and will contain the following Fruit Crops. requires time to prepare and mail information:

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(1) The beginning inventory of the DEPARTMENT OF AGRICULTURE 5901, Fax: (559) 487–5906, or e-mail: handler by size and container type; [email protected], or Agricultural Marketing Service (2) The quantity of fruit the handler [email protected]. lost in repack and repacked into other Small businesses may request 7 CFR Part 993 container types; information on complying with this regulation by contacting Jay Guerber, (3) The total domestic and export [Doc. No. AMS–FV–09–0048; FV09–993–1 IFR] Marketing Order Administration shipments of the handler by size and Branch, Fruit and Vegetable Programs, container type; and Dried Prunes Produced in California; AMS, USDA, 1400 Independence (4) Any other adjustments which Decreased Assessment Rate Avenue, SW., STOP 0237, Washington, increase or decrease posted handler DC 20250–0237; Telephone: (202) 720– AGENCY: Agricultural Marketing Service, 2491, Fax: (202) 720–8938, or E-mail: inventory. USDA. [email protected]. * * * * * ACTION: Interim final rule with request (d) KISS Price/Shipment report. Each for comments. SUPPLEMENTARY INFORMATION: This rule handler who ships 100,000 or more is issued under Marketing Agreement trays, or the equivalent thereof, per SUMMARY: This rule decreases the No. 110 and Marketing Order No. 993, season, shall file the KISS Price/ assessment rate established for the both as amended (7 CFR part 993), Shipment report with the committee. Prune Marketing Committee regulating the handling of dried prunes Handlers are not required to report (Committee) for the 2009–10 and grown in California, hereinafter referred subsequent crop years from $0.30 to organic kiwifruit shipments on this to as the ‘‘order.’’ The marketing $0.16 per ton of salable dried prunes. report. The handler shall file the report agreement and order are effective under The Committee locally administers the the Agricultural Marketing Agreement weekly following the first week he or marketing order that regulates the Act of 1937, as amended (7 U.S.C. 601– she makes shipments and shall continue handling of dried prunes in California. 674), hereinafter referred to as the filing reports until he or she submits a Assessments upon dried prune handlers ‘‘Act.’’ final report for the season. Each such are used by the Committee to fund The Department of Agriculture report shall be filed with the committee reasonable and necessary expenses of (USDA) is issuing this rule in no later than 5:00 p.m. (the close of the program. The crop year begins conformance with Executive Order business) on the Tuesday immediately August 1 and ends July 31. The 12866. following the shipping week. For the assessment rate will remain in effect This rule has been reviewed under purpose of this subsection, the shipping indefinitely unless modified, Executive Order 12988, Civil Justice week is defined as Sunday through suspended, or terminated. Reform. Under the marketing order now Saturday. The report shall show: DATES: Effective September 10, 2009. in effect, California dried prune (1) The company name, contact Comments received by November 9, handlers are subject to assessments. person, and phone number of the 2009, will be considered prior to Funds to administer the order are handler; issuance of a final rule. derived from such assessments. It is (2) Weekly period covered by the ADDRESSES: Interested persons are intended that the assessment rate as report; invited to submit written comments issued herein will be applicable to all concerning this rule. Comments must be assessable dried prunes beginning on (3) Total fresh market shipments and sent to the Docket Clerk, Marketing August 1, 2009, and continue until gross f.o.b. sales of kiwifruit by pack Order Administration Branch, Fruit and amended, suspended, or terminated. style and size; and Vegetable Programs, AMS, USDA, 1400 The Act provides that administrative (4) Total fresh market shipments and Independence Avenue, SW., STOP proceedings must be exhausted before gross f.o.b. sales to export markets by 0237, Washington, DC 20250–0237; Fax: parties may file suit in court. Under pack style and size. (202) 720–8938; or Internet: http:// section 608c(15)(A) of the Act, any (e) Handlers who file the KISS Price/ www.regulations.gov. Comments should handler subject to an order may file reference the docket number and the Shipment report specified in paragraph with USDA a petition stating that the date and page number of this issue of order, any provision of the order, or any (d) of this section are exempt from filing the Federal Register and will be obligation imposed in connection with the shipping report specified in available for public inspection in the the order is not in accordance with law paragraph (a) of this section and the Office of the Docket Clerk during regular and request a modification of the order KISS/Shipment report specified in business hours, or can be viewed at: or to be exempted therefrom. Such paragraph (b) of this section. http://www.regulations.gov. All handler is afforded the opportunity for Dated: September 2, 2009. comments should reference the docket a hearing on the petition. After the Rayne Pegg, number and the date and page number hearing, USDA would rule on the Administrator, Agricultural Marketing of this issue of the Federal Register and petition. The Act provides that the Service. will be available for public inspection in district court of the United States in any the Office of the Docket Clerk during [FR Doc. E9–21657 Filed 9–8–09; 8:45 am] district in which the handler is an regular business hours, or can be viewed inhabitant, or has his or her principal BILLING CODE 3410–02–P at the Web site referenced above. place of business, has jurisdiction to FOR FURTHER INFORMATION CONTACT: review USDA’s ruling on the petition, Debbie Wray, Marketing Specialist, or provided an action is filed not later than Kurt J. Kimmel, Regional Manager, 20 days after the date of the entry of the California Marketing Field Office, ruling. Marketing Order Administration This rule decreases the assessment Branch, Fruit and Vegetable Programs, rate established for the Committee for AMS, USDA; Telephone: (559) 487– the 2009–10 and subsequent crop years

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from $0.30 to $0.16 per ton of salable year, the Committee’s budgeted The purpose of the RFA is to fit dried prunes handled. expenses were $26,248 for salaries and regulatory actions to the scale of The California dried prune marketing benefits, $12,893 for operating expenses, business subject to such actions in order order provides authority for the and $26,459 for contingencies. that small businesses will not be unduly Committee, with the approval of USDA, The assessment rate recommended by or disproportionately burdened. to formulate an annual budget of the Committee was derived by Marketing orders issued pursuant to the expenses and collect assessments from considering the handler assessment Act, and the rules issued thereunder, are handlers to administer the program. The revenue needed to meet anticipated unique in that they are brought about members of the Committee are expenses, the estimated salable tons of through group action of essentially producers of California dried prunes. California dried prunes, excess funds small entities acting on their own They are familiar with the Committee’s carried forward into the 2009–10 crop behalf. needs and with the costs for goods and year, and estimated interest income. There are approximately 900 services in their local area and are thus Dried prune production for the year is producers of dried prunes in the in a position to formulate an appropriate estimated to be 160,000 salable tons, production area and approximately 20 budget and assessment rate. The which should provide $25,600 in handlers subject to regulation under the assessment rate is formulated and assessment income at $0.16 per ton of marketing order. The Small Business discussed at a public meeting. Thus, all salable dried prunes. Income derived Administration (13 CFR 121.201) directly affected persons have an from handler assessments, plus excess defines small agricultural producers as opportunity to participate and provide funds from the 2008–09 crop year those whose annual receipts are less input. should be adequate to cover budgeted than $750,000, and small agricultural For the 2008–09 and subsequent crop expenses. service firms are defined as those whose years, the Committee recommended, The Committee is authorized under annual receipts are less than $7,000,000. and USDA approved, an assessment rate § 993.81(c) of the order to use excess Committee data indicates that about that would continue in effect from crop assessment funds from the 2008–09 crop 64 percent of the handlers ship under year to crop year unless modified, year (currently estimated at $28,533) for $7,000,000 worth of dried prunes. suspended, or terminated by USDA up to 5 months beyond the end of the Dividing the average prune crop value upon recommendation and information crop year to meet 2009–10 crop year for 2008–09 reported by the National submitted by the Committee or other expenses, which are estimated to be Agricultural Statistics Service (NASS) of information available to USDA. $54,138. At the end of the 5 months, the $196,080,000 by the number of The Committee met on June 25, 2009, Committee either refunds or credits producers (900) yields an average and unanimously recommended an excess funds to handlers. annual producer revenue estimate of assessment rate of $0.16 per ton of The assessment rate established in about $217,867. Based on the foregoing, salable dried prunes and expenditures this rule is effective indefinitely unless the majority of handlers and dried totaling $54,138 for the 2009–10 crop modified, suspended, or terminated by prune producers may be classified as year. In comparison, last year’s USDA upon recommendation and small entities. approved expenses were $65,600. The information submitted by the This rule decreases the assessment assessment rate of $0.16 per ton of Committee or other available rate established for the Committee and salable dried prunes is $0.14 lower than information. collected from handlers for the 2009–10 the rate currently in effect. Although this assessment rate will be and subsequent crop years from $0.30 to The Committee recommended a lower in effect for an indefinite period, the $0.16 per ton of salable dried prunes. assessment rate because the 2009–10 Committee will continue to meet prior The Committee met on June 25, 2009, crop is estimated at 160,000 tons, which to or during each crop year to and unanimously recommended is over 34,000 tons larger than the 2008– recommend a budget of expenses and estimated expenses for 2009–10 of 09 crop. Income generated from the consider recommendations for $54,138 and a decreased assessment rate lower assessment rate combined with modification of the assessment rate. The of $0.16 per ton of salable dried prunes. excess assessment income carried into dates and times of Committee meetings The Committee’s budget of expenses of the new crop year should be adequate are available from the Committee or $54,138 includes a slight increase in to cover the Committee’s 2009–10 USDA. Committee meetings are open to personnel expenses and decreases in expenses. the public and interested persons may operating expenses and for The Committee’s budget of expenses express their views at these meetings. contingencies. Most of the Committee’s of $54,138 includes a slight increase in USDA will evaluate the Committee’s expenses reflect its portion of the joint personnel expenses and decreases in recommendations and other available administrative costs of the Committee operating expenses and for information to determine whether and the CDPB. The Committee believes contingencies. Most of the Committee’s modification of the assessment rate is that extra assessment income carried in expenses reflect its portion of the joint needed. Further rulemaking will be from the 2008 crop year, plus interest administrative costs of the Committee undertaken as necessary. The income and 2009 assessment income, is and the California Dried Plum Board Committee’s 2009–10 budget and those adequate to cover its estimated expenses (CDPB). The Committee believes that for subsequent crop years will be of $54,138. extra assessment income carried in from reviewed and, as appropriate, approved The assessment rate of $0.16 per ton the 2008 crop year, plus interest income by USDA. of salable dried prunes is $0.14 per ton and 2009 assessment income, is of salable dried prunes lower than the adequate to cover its estimated expenses Initial Regulatory Flexibility Analysis rate currently in effect. The quantity of of $54,138. Pursuant to requirements set forth in salable dried prunes for the 2009–10 The major expenditures the Regulatory Flexibility Act (RFA), the crop year is currently estimated at recommended by the Committee for the Agricultural Marketing Service (AMS) 160,000 tons, compared to 125,373 tons 2009–10 crop year include $26,450 for has considered the economic impact of of salable dried prunes for the 2008–09 salaries and benefits, $11,780 for this rule on small entities. Accordingly, crop year. operating expenses, and $15,908 for AMS has prepared this initial regulatory The major expenditures contingencies. For the 2008–09 crop flexibility analysis. recommended by the Committee for the

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2009–10 crop year include $26,450 for the burden on handlers, and may reduce action which was unanimously salaries and benefits, $11,780 for the burden on producers. In addition, recommended at a public meeting and operating expenses, and $15,908 for the Committee’s meeting was widely is similar to actions recommended by contingencies. Budgeted expenses for publicized throughout the California the Committee in past years, and (4) this these items in 2008–09 were $26,248 for dried prune industry and all interested interim final rule provides for a 60-day salaries and benefits, $12,893 for persons were invited to attend the comment period, and all comments operating expenses, and $26,459 for meeting and participate in Committee timely received will be considered prior contingencies. deliberations on all issues. Like all to finalization of this rule. The 2009–10 assessment rate was Committee meetings, the June 25, 2009, derived by considering the handler meeting was a public meeting and all List of Subjects in 7 CFR Part 993 assessment revenue needed to meet entities, both large and small, were able Marketing agreements, Plums, Prunes, anticipated expenses, the estimated to express views on this issue. Finally, Reporting and recordkeeping salable tons of California dried prunes, interested persons are invited to submit requirements. excess funds carried forward into the comments on this interim final rule, ■ For the reasons set forth in the 2009–10 crop year, and estimated including the regulatory and preamble, 7 CFR part 993 is amended as interest income. Therefore, the informational impacts of this action on follows: Committee recommended an assessment small businesses. rate of $0.16 per ton of salable dried This action imposes no additional PART 993—DRIED PRUNES prunes. reporting or recordkeeping requirements PRODUCED IN CALIFORNIA Prior to arriving at its budget of on either small or large California dried $54,138, the Committee considered prune handlers. As with all Federal ■ 1. The authority citation for 7 CFR information from various sources, marketing order programs, reports and part 993 continues to read as follows: including the Committee’s Executive forms are periodically reviewed to Authority: 7 U.S.C. 601–674. Subcommittee. The Executive reduce information requirements and ■ 2. Section 993.347 is revised to read Subcommittee reviewed the duplication by industry and public as follows: administrative expenses shared between sector agencies. the Committee and the CDPB in recent AMS is committed to complying with years. The Executive Subcommittee the E-Government Act, to promote the § 993.347 Assessment rate. then recommended the $54,138 budget use of the Internet and other On and after August 1, 2009, an and $0.16 per ton assessment rate to the information technologies to provide assessment rate of $0.16 per ton of Committee. The Committee increased opportunities for citizen salable dried prunes is established for recommended the same budget and access to Government information and California dried prunes. assessment rate to USDA. services, and for other purposes. Dated: September 2, 2009. Section 993.81(c) of the order USDA has not identified any relevant Rayne Pegg, provides the Committee the authority to Federal rules that duplicate, overlap, or Administrator, Agricultural Marketing use excess assessment funds from the conflict with this rule. Service. 2008–09 crop year (estimated at A small business guide on complying [FR Doc. E9–21658 Filed 9–8–09; 8:45 am] $28,533) for up to 5 months beyond the with fruit, vegetable, and specialty crop end of the crop year to meet 2009–10 marketing agreements and orders may BILLING CODE 3410–02–P crop year expenses, which are estimated be viewed at: http://www.ams.usda.gov/ to be $54,138. At the end of the 5 AMSv1.0/ams.fetchTemplateData.do? months, the Committee either refunds or template=TemplateN&page=Marketing SMALL BUSINESS ADMINISTRATION credits excess funds to handlers. OrdersSmallBusinessGuide. Any To calculate the percentage of grower questions about the compliance guide 13 CFR Part 121 revenue represented by the assessment should be sent to Jay Guerber at the RIN 3245–AE92 rate for 2008, the assessment rate of previously mentioned address in the $0.30 per ton is divided by the FOR FURTHER INFORMATION CONTACT Small Business Size Regulations; estimated average grower price section. Rules of Procedure Governing Cases (according to the NASS). This results in After consideration of all relevant Before the Office of Hearings and estimated assessment revenue for the material presented, including the Appeals; Correction 2008–09 crop year as a percentage of information and recommendation AGENCY: grower revenue of .02 percent ($0.30 submitted by the Committee and other U.S. Small Business divided by $1,520 per ton). NASS data available information, it is hereby found Administration. for 2009 is not yet available. However, that this rule, as hereinafter set forth, ACTION: Correcting amendments. applying the same calculations above will tend to effectuate the declared SUMMARY: The U.S. Small Business using the average grower price for 2006– policy of the Act. Administration (SBA) is correcting 08 would result in estimated assessment Pursuant to 5 U.S.C. 553, it also found several of its Small Business Size revenue as a percentage of total grower and determined that good cause exists Regulations, published in the Federal revenue of .01 percent for the 2009–10 for not postponing the effective date of Register on May 21, 2004. SBA is crop year ($0.16 divided by $1,453 per this rule until 30 days after publication correcting a reference to an incorrect ton). Thus, the assessment revenue in the Federal Register because: (1) The North American Industry Classification should be well below 1 percent of 2009–10 crop year begins on August 1, System (NAICS) code, and updating two estimated grower revenue in 2009. 2009, and the marketing order requires This action decreases the assessment that the rate of assessment for each year Internet Web addresses that appear in obligation imposed on handlers. apply to all assessable prunes handled part 121 of the Code of Federal Assessments are applied uniformly on during the year; (2) this action decreases Regulations (CFR), chapter 13. all handlers, and some of the costs may the assessment rate for assessable DATES: Effective September 9, 2009. be passed on to producers. However, prunes beginning with the 2009–10 crop FOR FURTHER INFORMATION CONTACT: Carl decreasing the assessment rate reduces year; (3) handlers are aware of this J. Jordan, Program Analyst, Office of

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Size Standards, (202) 205–6618 or published on May 21, 2004 (69 FR § 121.410 What are the size standards for [email protected]. 29192–29209) did not correct this error, SBA’s Section 8(d) Subcontracting Program? SUPPLEMENTARY INFORMATION: SBA is thereby leaving NAICS code 541213 to * * * However, subcontracts for correcting language and references in its refer incorrectly to Engineering engineering services awarded under the Small Business Size Regulations Services. National Energy Policy Act of 1992 have contained in part 121 of the Code of The text of 13 CFR 121.410 plainly the same size standard as Military and Federal Regulations (CFR), chapter 13. refers to subcontracting activities that Aerospace Equipment and Military These are administrative corrections are included within NAICS code Weapons under NAICS code 541330. only. Specifically, SBA is correcting 13 541330, Engineering Services. ■ 4. Amend § 121.1205 by revising the CFR 121.101, 121.410 and 121.1205. Furthermore, NAICS code 541330 in SBA’s ‘‘Small Business Size Standards first sentence to read as follows: 1. 13 CFR 121.101, ‘‘What are SBA size by NAICS Industry’’ (13 CFR 121.201) § 121.1205 How is a list of previously standards?’’ clearly includes the same types of granted class waivers obtained? contracting activities described in 13 The text of 13 CFR § 121.101(b) A list of classes of products for which CFR 121.410. The purpose of this provides the Internet Web address waivers for the Nonmanufacturer Rule correction is to replace NAICS code where the public can obtain the North have been granted is maintained in SBA 541213 in § 121.410 with NAICS code American Industry Classification Web site at: http://www.sba.gov/ 541330. System Manual–United States from the aboutsba/sbaprograms/gc/programs/gc_ National Technical Information Service 3. 13 CFR 121.1205, ‘‘How is a list of waivers_nonmanufacturer.html. *** (NTIS), part of the U.S. Department of previously granted class waivers Dean R. Koppel, Commerce. The Internet Web address obtained?’’ provided in the text is http:// Acting Director, Office of Government www.ntis.gov/yellowbk/1nty205.htm. The text of 13 CFR 121.1205 provides Contracting. The NTIS has established a new the Internet Web address where SBA [FR Doc. E9–21505 Filed 9–8–09; 8:45 am] address, specifically http:// maintains for the public a list of waivers BILLING CODE 8025–01–P www.ntis.gov/products/naics.aspx. of the Nonmanufacturer Rule that it has Although the existing Web address in granted. SBA has updated that Internet § 121.101 will take a user to the updated Web address, and this action will DEPARTMENT OF TRANSPORTATION site, SBA believes it should update its similarly update § 121.1205. regulations as well to reflect the correct List of Subjects in 13 CFR Part 121 Federal Aviation Administration Internet Web address. Administrative practice and 14 CFR Part 39 2. 13 CFR 121.410, ‘‘What are the size procedure, Government procurement, standards for SBA’s Section 8(d) Government property, Grant programs— [Docket No. FAA–2009–0264; Directorate Subcontracting Program?’’ business, Individuals with disabilities, Identifier 2008–NM–174–AD; Amendment 39–16017; AD 2009–18–20] SBA published in the May 15, 2000, Loan programs—business, Reporting Federal Register (65 FR 30836–30863) a and recordkeeping requirements, Small RIN 2120–AA64 businesses. new table of small business size Airworthiness Directives; Airbus Model standards effective October 1, 2000 for ■ For the reasons set forth in the A330–300, A340–200, and A340–300 industries as defined under NAICS. preamble, SBA amends part 13 CFR part Series Airplanes Until October 1, 2000, the Standard 121 by making the following correcting Industrial Classification (SIC) System amendments. AGENCY: Federal Aviation was the basis for SBA’s table of small Administration (FAA), Department of business size standards. The May 15, PART 121—SMALL BUSINESS SIZE Transportation (DOT). 2000 final rule amended 13 CFR REGULATIONS ACTION: Final rule. 121.410 by replacing ‘‘SIC code 8711’’ ■ 1. The authority citation for part 121 with ‘‘NAICS code 541330.’’ SUMMARY: We are adopting a new continues to read as follows: However, an error was made when airworthiness directive (AD) for the SBA issued a proposed rule on Authority: 15 U.S.C. 632, 634(b)(6), 636(b), products listed above. This AD results November 22, 2002, (67 FR 70339– 637(a), 644, and 662(5); and Pub. L. 105–135, from mandatory continuing 70352) to amend its small business size sec. 401 et seq., 111 Stat. 2592. airworthiness information (MCAI) regulations and the regulations that ■ 2. Amend § 121.101 by revising the originated by an aviation authority of apply to appeals of size determinations. first sentence of paragraph (b) to read as another country to identify and correct That rule proposed amending 13 CFR follows: an unsafe condition on an aviation 121.410, which relates to size standards product. The MCAI describes the unsafe under SBA’s Section 8(d) § 121.101 What are SBA size standards? condition as: Subcontracting Program. The proposed * * * * * One Long Range operator experienced a amendment correctly preserved the (b) NAICS is described in the North failure of one spoiler servo-control, language of the May 15, 2000 final rule American Industry Classification associated with surface deflection in flight that described Engineering Services. Manual–United States, which is and hydraulic leak. On ground, this servo- However, the proposed rule wrongly available from the National Technical control Part Number (P/N) MZ4306000–02X referenced NAICS code 541213, which Information Service, 5285 Port Royal was found with the maintenance cover is the code for Tax Preparation Services. Road, Springfield, VA 22161; by calling broken. Investigations showed that the rupture of the maintenance cover was due to The proposed rule should have 1(800) 553–6847 or 1(703) 605–6000; or pressure pulse fatigue. referenced NAICS code 541330, because via the Internet at http://www.ntis.gov/ * * * The rupture of the maintenance it is the correct code for Engineering products/naics.aspx. *** cover in flight may result in the deflection of Services, described in 13 CFR 121.410. ■ 3. Amend § 121.410 by revising the the associated spoiler surface up to the null- The corresponding final rule that SBA second sentence to read as follows: hinge position (loss of the hydraulic locking).

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It may also result in the loss of the associated requires the identification and the category; as identified in paragraphs hydraulic system (external leakage). In the modification of all standard MZ spoiler (c)(1) and (c)(2) of this AD.’’ worst case, the three hydraulic systems may servo-controls with initial maintenance cover be affected, which constitutes an unsafe (P/N MZ4339390–01X, –02X, –10X for Request To Clarify Paragraphs (f)(1), condition. position 1 and P/N MZ4306000–01X, –02X, (f)(2)(i), and (f)(2)(ii) of the NPRM * * * * * –10X for positions 2 to 6) into standard MZ Airbus also asks that the words ‘‘of Loss of the three hydraulic systems servo-controls with reinforced maintenance cover (P/N MZ4339390–12 for position 1 and the aircraft’’ be added to the applicable could result in reduced controllability P/N MZ4306000–12 for positions 2 to 6). paragraphs after the words ‘‘since first of the airplane. We are issuing this AD flight’’ for clarification. Airbus notes to require actions to correct the unsafe Loss of the three hydraulic systems that the missing text is confusing to condition on these products. could result in reduced controllability operators, who are asking Airbus if DATES: This AD becomes effective of the airplane. You may obtain further ‘‘since first flight’’ refers to flight hours October 14, 2009. information by examining the MCAI in on the equipment or flight hours on the The Director of the Federal Register the AD docket. airplane. approved the incorporation by reference Revised Service Information We agree with Airbus. It was our of certain publications listed in this AD intent that the phrase ‘‘since first flight’’ We have reviewed Airbus Service as of October 14, 2009. apply to the subject airplanes, not Bulletin A330–27–3110, Revision 03, ADDRESSES: You may examine the AD equipment. Therefore, we have changed dated September 3, 2008. We referred to all applicable references in paragraphs docket on the Internet at http:// Airbus Service Bulletin A330–27–3110, www.regulations.gov or in person at the (f)(1) through (f)(6) of this AD to specify Revision 02, dated March 2, 2007, as the ‘‘since first flight of the airplane.’’ U.S. Department of Transportation, appropriate source of service Docket Operations, M–30, West information for accomplishing certain Conclusion Building Ground Floor, Room W12–140, actions specified in the NPRM. We have We reviewed the available data, 1200 New Jersey Avenue, SE., determined that the actions specified in Washington, DC. including the comments received, and Airbus Service Bulletin A330–27–3110, determined that air safety and the FOR FURTHER INFORMATION CONTACT: Revision 03, dated September 3, 2008, public interest require adopting the AD Vladimir Ulyanov, Aerospace Engineer, are essentially the same as the actions with the changes described previously. International Branch, ANM–116, specified in Airbus Service Bulletin We determined that these changes will Transport Airplane Directorate, FAA, A330–27–3110, Revision 02, dated not increase the economic burden on 1601 Lind Avenue, SW., Renton, March 2, 2007. Therefore, we find that any operator or increase the scope of the Washington 98057–3356; telephone no additional work will be required for AD. (425) 227–1138; fax (425) 227–1149. airplanes that have done the SUPPLEMENTARY INFORMATION: requirements of this AD in accordance Differences Between This AD and the with Airbus Service Bulletin A330–27– MCAI or Service Information Discussion 3110, Revision 02, dated March 2, 2007. We have reviewed the MCAI and We issued a notice of proposed We have changed paragraphs (f)(2) related service information and, in rulemaking (NPRM) to amend 14 CFR through (f)(6) of this AD to refer to general, agree with their substance. But part 39 to include an AD that would Revision 03, dated September 3, 2008, we might have found it necessary to use apply to the specified products. That of Airbus Service Bulletin A330–27– different words from those in the MCAI NPRM was published in the Federal 3110. We have also changed paragraph to ensure the AD is clear for U.S. Register on March 26, 2009 (74 FR (f)(7) of this AD to give credit to operators and is enforceable. In making 13148). That NPRM proposed to correct operators who have accomplished the these changes, we do not intend to differ an unsafe condition for the specified actions in accordance with Airbus substantively from the information products. The MCAI states: Service Bulletin A330–27–3110, provided in the MCAI and related One Long Range operator experienced a Revision 02, dated March 2, 2007, as service information. failure of one spoiler servo-control, well as the earlier versions of the service We might also have required different associated with surface deflection in flight bulletin. actions in this AD from those in the and hydraulic leak. On ground, this servo- Comments MCAI in order to follow our FAA control Part Number (P/N) MZ4306000–02X policies. Any such differences are was found with the maintenance cover We gave the public the opportunity to highlighted in a note within the AD. broken. Investigations showed that the participate in developing this AD. We rupture of the maintenance cover was due to considered the comments received. Costs of Compliance pressure pulse fatigue. Based on the service information, we The maintenance cover allows switching Request To Clarify Proposed estimate that this AD affects 16 products the servo-control from ‘‘Operational’’ to Applicability ‘‘Maintenance’’ modes. The same cover is of U.S. registry. We also estimate that it installed on all standard MZ spoiler servo- Airbus asks that the applicability takes 1 work-hour per product to controls except on P/N MZ4339390–12 and specified in paragraph (c) of the NPRM comply with the basic requirements of MZ4306000–12, which have a reinforced be clarified. Airbus notes that the this AD. The average labor rate is $80 maintenance cover. The rupture of the language ‘‘* * * except those identified per work-hour. Based on these figures, maintenance cover in flight may result in the in paragraphs (c)(1) and (c)(2) of this we estimate the cost of the AD on U.S. deflection of the associated spoiler surface up AD’’ is misleading, because the operators to be $1,280, or $80 per to the null-hinge position (loss of the exceptions are already included in product. hydraulic locking). It may also result in the paragraphs (c)(1) and (c)(2) of the AD. loss of the associated hydraulic system Authority for This Rulemaking (external leakage). In the worst case, the three We agree with Airbus. We have hydraulic systems may be affected, which changed paragraph (c) of this AD as Title 49 of the United States Code constitutes an unsafe condition. follows: ‘‘This AD applies to Airbus specifies the FAA’s authority to issue For the reasons described above, this EASA Model A330–300, A340–200, and A340– rules on aviation safety. Subtitle I, (European Aviation Safety Agency) AD 300 series airplanes; certificated in any section 106, describes the authority of

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the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as requires the identification and the Aviation Programs,’’ describes in more follows: modification of all standard MZ spoiler detail the scope of the Agency’s servo-controls with initial maintenance cover authority. PART 39—AIRWORTHINESS (P/N MZ4339390–01X, –02X, –10X for DIRECTIVES position 1 and We are issuing this rulemaking under P/N MZ4306000–01X, 02X, –10X for the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39 positions 2 to 6) into standard MZ servo- Part A, Subpart III, Section 44701: continues to read as follows: controls with reinforced maintenance cover General requirements.’’ Under that (P/N MZ4339390–12 for position 1 and P/N section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. MZ4306000–12 for positions 2 to 6). promoting safe flight of civil aircraft in § 39.13 [Amended] Loss of the three hydraulic systems could result in reduced controllability of the air commerce by prescribing regulations ■ for practices, methods, and procedures 2. The FAA amends § 39.13 by adding airplane. the following new AD: the Administrator finds necessary for Actions and Compliance safety in air commerce. This regulation 2009–18–20 Airbus: Amendment 39–16017. (f) Unless already done, do the following is within the scope of that authority Docket No. FAA–2009–0264; Directorate actions. because it addresses an unsafe condition Identifier 2008–NM–174–AD. (1) For airplanes that have accumulated that is likely to exist or develop on Effective Date more than 8,500 total flight cycles since first flight of the airplane as of the effective date products identified in this rulemaking (a) This airworthiness directive (AD) action. of this AD: Do the actions required by becomes effective October 14, 2009. paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, as Regulatory Findings Affected ADs applicable. (i) Within 3 months after the effective date (b) None. We determined that this AD will not of this AD: Identify the part number of have federalism implications under Applicability spoiler servo-controls installed on the Executive Order 13132. This AD will (c) This AD applies to Airbus Model A330– airplane at all positions in order to determine not have a substantial direct effect on 300, A340–200, and A340–300 series the number of affected hydraulic circuits in the States, on the relationship between airplanes; certificated in any category; as accordance with the Accomplishment the national government and the States, identified in paragraphs (c)(1) and (c)(2) of Instructions of Airbus Mandatory Service or on the distribution of power and this AD. Bulletin A330–27A3154, Revision 01; or Airbus Mandatory Service Bulletin A340– responsibilities among the various (1) Airbus Model A330–301, –302, –303, 27A4154, Revision 01; both dated July 25, –321, –322, –323, –341, –342, and –343 levels of government. 2008; as applicable. If there is no spoiler airplanes, manufacturer serial numbers For the reasons discussed above, I servo-control installed with a part number (MSNs) up to and including MSN 588, except certify this AD: identified in Table 1 of this AD, no further those on which Airbus Service Bulletin 1. Is not a ‘‘significant regulatory action is required by this paragraph. A330–27–3110 has been embodied in service. action’’ under Executive Order 12866; (ii) If there is any spoiler servo-control (2) Airbus Model A340–211, –212, –213, 2. Is not a ‘‘significant rule’’ under the installed with a part number identified in –311, –312, and –313 airplanes, MSNs up to Table 1 of this AD, do all applicable actions DOT Regulatory Policies and Procedures and including MSN 598, except those on (44 FR 11034, February 26, 1979); and required by paragraph (f)(2), (f)(3), or (f)(4) of which Airbus Service Bulletin A340–27– this AD, as applicable. 3. Will not have a significant 4115 has been embodied in service. economic impact, positive or negative, on a substantial number of small entities Subject TABLE 1—SPOILER SERVO-CONTROL under the criteria of the Regulatory (d) Air Transport Association (ATA) of PART NUMBERS Flexibility Act. America Code 27: Flight controls. Position 1 Positions 2 through 6 We prepared a regulatory evaluation Reason of the estimated costs to comply with (e) The mandatory continuing MZ4339390–01X ...... MZ4306000–01X this AD and placed it in the AD docket. airworthiness information (MCAI) states: MZ4339390–02X ...... MZ4306000–02X Examining the AD Docket One Long Range operator experienced a MZ4339390–10X ...... MZ4306000–10X failure of one spoiler servo-control, You may examine the AD docket on associated with surface deflection in flight (2) If three affected hydraulic circuits are the Internet at http:// and hydraulic leak. On ground, this servo- identified during the inspection required by www.regulations.gov; or in person at the control Part Number (P/N) MZ4306000–02X paragraph (f)(1) of this AD, do the actions Docket Operations office between 9 a.m. was found with the maintenance cover required by paragraphs (f)(2)(i), (f)(2)(ii), and and 5 p.m., Monday through Friday, broken. Investigations showed that the (f)(2)(iii) of this AD, at the time specified. except Federal holidays. The AD docket rupture of the maintenance cover was due to (i) Before the accumulation of 10,400 total contains the NPRM, the regulatory pressure pulse fatigue. flight cycles since first flight of the airplane, The maintenance cover allows switching or within 3 months after accomplishing the evaluation, any comments received, and the servo-control from ‘‘Operational’’ to requirements of paragraph (f)(1)(i) of this AD, other information. The street address for ‘‘Maintenance’’ modes. The same cover is whichever occurs later: Modify the affected the Docket Operations office (telephone installed on all standard MZ spoiler servo- spoiler servo-controls on one hydraulic (800) 647–5527) is in the ADDRESSES controls except on P/N MZ4339390–12 and circuit in accordance with the section. Comments will be available in MZ4306000–12, which have a reinforced Accomplishment Instructions of Airbus the AD docket shortly after receipt. maintenance cover. The rupture of the Service Bulletin A330–27–3110, Revision 03, maintenance cover in flight may result in the dated September 3, 2008; or Airbus Service List of Subjects in 14 CFR Part 39 deflection of the associated spoiler surface up Bulletin A340–27–4115, Revision 01, dated Air transportation, Aircraft, Aviation to the null-hinge position (loss of the March 2, 2007; as applicable. safety, Incorporation by reference, hydraulic locking). It may also result in the (ii) Before the accumulation of 10,800 total flight cycles since first flight of the airplane, Safety. loss of the associated hydraulic system (external leakage). In the worst case, the three or within 6 months after accomplishing the Adoption of the Amendment hydraulic systems may be affected, which requirements in paragraph (f)(1)(i) of this AD, constitutes an unsafe condition. whichever occurs later: Modify the affected ■ Accordingly, under the authority For the reasons described above, this EASA spoiler servo-controls on the second delegated to me by the Administrator, (European Aviation Safety Agency) AD hydraulic circuit in accordance with the

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Accomplishment Instructions of Airbus (ii) Within 18 months after the effective number identified in Table 1 of this AD, no Service Bulletin A330–27–3110, Revision 03, date of this AD: Modify the remaining further action is required by this paragraph. dated September 3, 2008; or Airbus Service affected spoiler servo-controls in accordance (ii) If there is any spoiler servo-control Bulletin A340–27–4115, Revision 01, dated with the Accomplishment Instructions of installed with a part number identified in March 2, 2007; as applicable. Airbus Service Bulletin A330–27–3110, Table 1 of this AD: Within 18 months after (iii) Within 18 months after the effective Revision 03, dated September 3, 2008; or the effective date of this AD, modify all the date of this AD: Modify the remaining Airbus Service Bulletin A340–27–4115, affected spoiler servo-controls in accordance affected spoiler servo-controls in accordance Revision 01, dated March 2, 2007; as with the Accomplishment Instructions of with the Accomplishment Instructions of applicable. Airbus Service Bulletin A330–27–3110, Airbus Service Bulletin A330–27–3110, (4) If one affected hydraulic circuit is Revision 03, dated September 3, 2008; or Revision 03, dated September 3, 2008; or identified during the inspection required by Airbus Service Bulletin A340–27–4115, Airbus Service Bulletin A340–27–4115, paragraph (f)(1) of this AD: Within 18 months Revision 01, dated March 2, 2007; as Revision 01, dated March 2, 2007; as after the effective date of this AD, modify the applicable. applicable. affected spoiler servo-controls in accordance (6) As of the effective date of this AD, no (3) If two affected hydraulic circuits are with the Accomplishment Instructions of person may install any spoiler servo-control identified during the inspection required by paragraph (f)(1) of this AD, do the actions Airbus Service Bulletin A330–27–3110, with a part number identified in Table 1 of required by paragraphs (f)(3)(i) and (f)(3)(ii) Revision 03, dated September 3, 2008; or this AD on any airplane as a replacement of this AD, at the time specified. Airbus Service Bulletin A340–27–4115, part, unless the part has been modified in (i) Before the accumulation of 10,800 total Revision 01, dated March 2, 2007; as accordance with the Accomplishment flight cycles since first flight of the airplane, applicable. Instructions of Airbus Service Bulletin A330– or within 6 months after accomplishing the (5) For airplanes that have accumulated 27–3110, Revision 03, dated September 3, requirements specified in paragraph (f)(1)(i) less than or equal to 8,500 total flight cycles 2008; or Airbus Service Bulletin A340–27– of this AD, whichever occurs later: Modify since first flight of the airplane as of the 4115, Revision 01, dated March 2, 2007; as the affected spoiler servo-controls on one effective date of this AD: Do the actions applicable. hydraulic circuit in accordance with the required by paragraphs (f)(5)(i) and (f)(5)(ii) (7) Actions accomplished before the Accomplishment Instructions of Airbus of this AD, as applicable. effective date of this AD in accordance with Service Bulletin A330–27–3110, Revision 03, (i) Within 9 months after the effective date the service bulletins specified in Table 2 of dated September 3, 2008; or Airbus Service of this AD: Do the actions specified in this AD are considered acceptable for Bulletin A340–27–4115, Revision 01, dated paragraph (f)(1)(i) of this AD. If there is no compliance with the corresponding March 2, 2007; as applicable. spoiler servo-control installed with a part requirements of this AD.

TABLE 2—CREDIT SERVICE INFORMATION

Service Bulletin Revision level Date

Airbus Service Bulletin A330–27–3110 ...... Original ...... November 28, 2003. Airbus Service Bulletin A330–27–3110 ...... 01 ...... March 26, 2004. Airbus Service Bulletin A330–27–3110 ...... 02 ...... March 2, 2007. Airbus Service Bulletin A340–27–4115 ...... Original ...... November 28, 2003.

FAA AD Differences Branch, ANM–116, Transport Airplane (or their delegated agent). You are required Directorate, FAA, 1601 Lind Avenue, SW., to assure the product is airworthy before it Note 1: This AD differs from the MCAI Renton, Washington 98057–3356; telephone and/or service information as follows: No is returned to service. differences. (425) 227–1138; fax (425) 227–1149. Before (3) Reporting Requirements: For any using any approved AMOC on any airplane reporting requirement in this AD, under the Other FAA AD Provisions to which the AMOC applies, notify your provisions of the Paperwork Reduction Act, (g) The following provisions also apply to principal maintenance inspector (PMI) or the Office of Management and Budget (OMB) this AD: principal avionics inspector (PAI), as has approved the information collection (1) Alternative Methods of Compliance appropriate, or lacking a principal inspector, requirements and has assigned OMB Control (AMOCs): The Manager, International your local Flight Standards District Office. Number 2120–0056. Branch, ANM–116, Transport Airplane (2) Airworthy Product: For any requirement Related Information Directorate, FAA, has the authority to in this AD to obtain corrective actions from approve AMOCs for this AD, if requested a manufacturer or other source, use these (h) Refer to EASA Airworthiness Directive using the procedures found in 14 CFR 39.19. actions if they are FAA-approved. Corrective 2008–0160, dated August 22, 2008, and the Send information to ATTN: Vladimir actions are considered FAA-approved if they service bulletins specified in Table 3 of this Ulyanov, Aerospace Engineer, International are approved by the State of Design Authority AD, for related information.

TABLE 3—RELATED SERVICE INFORMATION

Service Bulletin Revision level Date

Airbus Mandatory Service Bulletin A330–27A3154 ...... 01 July 25, 2008. Airbus Mandatory Service Bulletin A340–27A4154 ...... 01 July 25, 2008. Airbus Service Bulletin A330–27–3110 ...... 03 September 3, 2008. Airbus Service Bulletin A340–27–4115 ...... 01 March 2, 2007.

Material Incorporated by Reference (1) The Director of the Federal Register (2) For service information identified in (i) You must use the service information approved the incorporation by reference of this AD, contact Airbus SAS—Airworthiness contained in Table 4 of this AD to do the this service information under 5 U.S.C. Office—EAL, 1 Rond Point Maurice Bellonte, actions required by this AD, as applicable, 552(a) and 1 CFR part 51. 31707 Blagnac Cedex, France; telephone +33 unless the AD specifies otherwise. 5 61 93 36 96; fax +33 5 61 93 45 80, e-mail

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[email protected]; availability of this material at the FAA, call information on the availability of this Internet http://www.airbus.com. 425–227–1221 or 425–227–1152. material at NARA, call 202–741–6030, or go (3) You may review copies of the service (4) You may also review copies of the to: http://www.archives.gov/federal_register/ information at the FAA, Transport Airplane service information that is incorporated by code_of_federal_regulations/ibr Directorate, 1601 Lind Avenue, SW., Renton, reference at the National Archives and _locations.html. Washington. For information on the Records Administration (NARA). For

TABLE 4—MATERIAL INCORPORATED BY REFERENCE

Service Bulletin Revision level Date

Airbus Mandatory Service Bulletin A330–27A3154, excluding Appendix 1 ...... 01 July 25, 2008. Airbus Mandatory Service Bulletin A340–27A4154, excluding Appendix 1 ...... 01 July 25, 2008. Airbus Service Bulletin A330–27–3110 ...... 03 September 3, 2008. Airbus Service Bulletin A340–27–4115 ...... 01 March 2, 2007.

Issued in Renton, Washington, on August require actions to correct the unsafe a failure of No. 1 and No. 2 AC generators 26, 2009. condition on these products. with propeller de-ice on. Additionally, in order to prevent similar dual AC generator Ali Bahrami, DATES: This AD becomes effective shutdowns, it mandates the application of Manager, Transport Airplane Directorate, October 14, 2009. sealant as insulation between the propeller Aircraft Certification Service. The Director of the Federal Register de-ice bus bars and the backplate assembly. [FR Doc. E9–21408 Filed 9–8–09; 8:45 am] approved the incorporation by reference BILLING CODE 4910–13–P of certain publications listed in this AD Reduced controllability of the as of October 14, 2009. airplane in certain operating conditions ADDRESSES: You may examine the AD affects continued safe flight and DEPARTMENT OF TRANSPORTATION docket on the Internet at http:// landing. You may obtain further www.regulations.gov or in person at the information by examining the MCAI in Federal Aviation Administration U.S. Department of Transportation, the AD docket. Docket Operations, M–30, West 14 CFR Part 39 Comments Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., We gave the public the opportunity to [Docket No. FAA–2009–0526; Directorate Washington, DC. participate in developing this AD. We Identifier 2009–NM–029–AD; Amendment received no comments on the NPRM or FOR FURTHER INFORMATION CONTACT: 39–16008; AD 2009–18–12] on the determination of the cost to the Wing Chan, Aerospace Engineer, public. RIN 2120–AA64 Aerospace Engineer, Systems and Flight Test Branch, ANE–172, FAA, New York Conclusion Airworthiness Directives; Bombardier Aircraft Certification Office, 1600 Model DHC–8–400 Series Airplanes We reviewed the available data and Stewart Avenue, Suite 410, Westbury, determined that air safety and the New York 11590; telephone (516) 228– AGENCY: Federal Aviation public interest require adopting the AD Administration (FAA), Department of 7311; fax (516) 794–5531. as proposed. SUPPLEMENTARY INFORMATION: Transportation (DOT). Differences Between This AD and the ACTION: Final rule. Discussion MCAI or Service Information We issued a notice of proposed SUMMARY: We are adopting a new We have reviewed the MCAI and airworthiness directive (AD) for the rulemaking (NPRM) to amend 14 CFR related service information and, in products listed above. This AD results part 39 to include an AD that would general, agree with their substance. But from mandatory continuing apply to the specified products. That we might have found it necessary to use airworthiness information (MCAI) NPRM was published in the Federal different words from those in the MCAI originated by an aviation authority of Register on June 10, 2009 (74 FR 27476). to ensure the AD is clear for U.S. another country to identify and correct That NPRM proposed to correct an operators and is enforceable. In making an unsafe condition on an aviation unsafe condition for the specified these changes, we do not intend to differ product. The MCAI describes the unsafe products. The MCAI states: substantively from the information condition as: Four aircraft have experienced a dual AC provided in the MCAI and related [alternating current] generator shutdown, service information. Four aircraft have experienced a dual AC caused by a broken propeller de-ice bus bar [alternating current] generator shutdown, We might also have required different which short-circuited with the backplate actions in this AD from those in the caused by a broken propeller de-ice bus bar assembly. which short-circuited with the backplate It was subsequently determined that any MCAI in order to follow our FAA assembly. friction or contact between a propeller de-ice policies. Any such differences are ***A short circuit can cause a dual AC bus bar and the backplate assembly can cause highlighted in a Note within the AD. generator shutdown that, particularly in an intermittent short circuit. Such a short conjunction with an engine failure in icing circuit can cause a dual AC generator Costs of Compliance conditions, could result in reduced shutdown that, particularly in conjunction We estimate that this AD will affect controllability of the aircraft. with an engine failure in icing conditions, 62 products of U.S. registry. We also * * * * * could result in reduced controllability of the estimate that it will take about 6 work- aircraft. Reduced controllability of the This [Transport Canada Civil Aviation] hours per product to comply with the airplane in certain operating conditions directive mandates revision of the Airplane basic requirements of this AD. The affects continued safe flight and Flight Manual (AFM) to introduce a average labor rate is $80 per work-hour. landing. We are issuing this AD to procedure that restores AC power following Based on these figures, we estimate the

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cost of this AD to the U.S. operators to List of Subjects in 14 CFR Part 39 Actions and Compliance be $29,760, or $480 per product. Air transportation, Aircraft, Aviation (f) Unless already done, do the following Authority for This Rulemaking safety, Incorporation by reference, actions. Safety. (1) Within 30 days after the effective date Title 49 of the United States Code of this AD, revise the Limitations Section of specifies the FAA’s authority to issue Adoption of the Amendment the Bombardier Dash 8 Q400 AFM, PSM 1– 84–1A, by inserting a copy of Bombardier rules on aviation safety. Subtitle I, ■ Accordingly, under the authority Dash 8 Q400 Temporary Amendment (TA) section 106, describes the authority of delegated to me by the Administrator, the FAA Administrator. ‘‘Subtitle VII: 14, Issue 1, dated May 10, 2006. When the the FAA amends 14 CFR part 39 as information in Bombardier TA 14, Issue 1, Aviation Programs,’’ describes in more follows: dated May 10, 2006, is included in the detail the scope of the Agency’s general revisions of the AFM, the general authority. PART 39—AIRWORTHINESS revisions may be inserted in the AFM and the We are issuing this rulemaking under DIRECTIVES TA may be removed. the authority described in ‘‘Subtitle VII, (2) Within 5,000 flight hours after the ■ Part A, Subpart III, Section 44701: 1. The authority citation for part 39 effective date of this AD: Apply sealant General Requirements.’’ Under that continues to read as follows: between the bus bar assemblies and the section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. backplate assembly by incorporating promoting safe flight of civil aircraft in Bombardier DHC–8–400 Modification § 39.13 [Amended] air commerce by prescribing regulations Summary 4–163047, Revision B, dated for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding August 22, 2008, in accordance with the the following new AD: Accomplishment Instructions of Bombardier the Administrator finds necessary for Service Bulletin 84–61–03, Revision ‘A,’ safety in air commerce. This regulation 2009–18–12 Bombardier, Inc. (Formerly de dated September 18, 2008. is within the scope of that authority Havilland, Inc.): Amendment 39–16008. (3) Incorporating Bombardier DHC–8–400 because it addresses an unsafe condition Docket No. FAA–2009–0526; Directorate Modification Summary Package 4–163047 that is likely to exist or develop on Identifier 2009–NM–029–AD. before the effective date of this AD in products identified in this rulemaking Effective Date accordance with Bombardier Service Bulletin 84–61–03, dated April 27, 2007, is action. (a) This airworthiness directive (AD) becomes effective October 14, 2009. considered acceptable for compliance with Regulatory Findings the requirements of paragraph (f)(2) of this We determined that this AD will not Affected ADs AD. have federalism implications under (b) None. FAA AD Differences Executive Order 13132. This AD will Applicability not have a substantial direct effect on Note 1: This AD differs from the MCAI (c) This AD applies to Bombardier Model and/or service information as follows: No the States, on the relationship between DHC–8–400, DHC–8–401, and DHC–8–402 differences. the national government and the States, series airplanes, certificated in any category, or on the distribution of power and serial numbers 4001, 4003, 4004, 4006, and Other FAA AD Provisions responsibilities among the various 4008 through 4154 inclusive. (g) The following provisions also apply to levels of government. Subject this AD: For the reasons discussed above, I (1) Alternative Methods of Compliance (d) Air Transport Association (ATA) of (AMOCs): The Manager, New York Aircraft certify this AD: America Code 61: Propellers/Propulsors. 1. Is not a ‘‘significant regulatory Certification Office (ACO), FAA, has the action’’ under Executive Order 12866; Reason authority to approve AMOCs for this AD, if 2. Is not a ‘‘significant rule’’ under the (e) The mandatory continuing requested using the procedures found in 14 airworthiness information (MCAI) states: CFR 39.19. Send information to ATTN: Wing DOT Regulatory Policies and Procedures Chan, Aerospace Engineer, Systems and (44 FR 11034, February 26, 1979); and Four aircraft have experienced a dual AC [alternating current] generator shutdown, Flight Test Branch, ANE–172, FAA, New 3. Will not have a significant caused by a broken propeller de-ice bus bar York ACO, 1600 Stewart Avenue, Suite 410, economic impact, positive or negative, which short-circuited with the backplate Westbury, New York 11590; telephone (516) on a substantial number of small entities assembly. 228–7311; fax (516) 794–5531. Before using under the criteria of the Regulatory It was subsequently determined that any any approved AMOC on any airplane to Flexibility Act. friction or contact between a propeller de-ice which the AMOC applies, notify your We prepared a regulatory evaluation bus bar and the backplate assembly can cause principal maintenance inspector (PMI) or of the estimated costs to comply with an intermittent short circuit. Such a short principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, this AD and placed it in the AD docket. circuit can cause a dual AC generator shutdown that, particularly in conjunction your local Flight Standards District Office. Examining the AD Docket with an engine failure in icing conditions, (2) Airworthy Product: For any could result in reduced controllability of the requirement in this AD to obtain corrective You may examine the AD docket on aircraft. actions from a manufacturer or other source, the Internet at http:// This [Transport Canada Civil Aviation] use these actions if they are FAA-approved. www.regulations.gov; or in person at the directive mandates revision of the Airplane Corrective actions are considered FAA- Docket Operations office between 9 a.m. Flight Manual (AFM) to introduce a approved if they are approved by the State and 5 p.m., Monday through Friday, procedure that restores AC power following of Design Authority (or their delegated except Federal holidays. The AD docket a failure of No. 1 and No. 2 AC generators agent). You are required to assure the product contains the NPRM, the regulatory with propeller de-ice on. Additionally, in is airworthy before it is returned to service. evaluation, any comments received, and order to prevent similar dual AC generator (3) Reporting Requirements: For any shutdowns, it mandates the application of reporting requirement in this AD, under the other information. The street address for sealant as insulation between the propeller provisions of the Paperwork Reduction Act, the Docket Operations office (telephone de-ice bus bars and the backplate assembly. the Office of Management and Budget (OMB) (800) 647–5527) is in the ADDRESSES Reduced controllability of the airplane in has approved the information collection section. Comments will be available in certain operating conditions affects requirements and has assigned OMB Control the AD docket shortly after receipt. continued safe flight and landing. Number 2120–0056.

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Related Information the products listed above. This AD A recent design review has been carried (h) Refer to MCAI Canadian Airworthiness results from mandatory continuing out on the F28 Mark 0070/0100 fuel system Directive CF–2009–01, dated January 19, airworthiness information (MCAI) in accordance with the guidelines related to 2009; Bombardier Dash 8 Q400 TA 14, Issue originated by an aviation authority of FAA SFAR 88 [Special Federal Aviation 1, dated May 10, 2006; and Bombardier Regulation No. 88] (Fuel Tank Safety another country to identify and correct Program) and JAA [Joint Aviation Service Bulletin 84–61–03, Revision ‘A,’ an unsafe condition on an aviation dated September 18, 2008; for related Authorities] INT/POL/25/12. The review information. product. The MCAI describes the unsafe revealed that under certain failure condition as: conditions, prolonged dry running of the fuel Material Incorporated by Reference A recent design review has been carried transfer pumps may result in an ignition (i) You must use Bombardier Dash 8 Q400 out on the F28 Mark 0070/0100 fuel system source in the centre wing fuel tank. This Temporary Amendment 14, Issue 1, dated in accordance with the guidelines related to condition, if not corrected, could lead to May 10, 2006; and Bombardier Service FAA SFAR 88 [Special Federal Aviation ignition of flammable fuel vapors, resulting Bulletin 84–61–03, Revision ‘A,’ dated Regulation No. 88] (Fuel Tank Safety in fuel tank explosion and consequent loss of September 18, 2008; as applicable; to do the Program) and JAA [Joint Aviation the aircraft. actions required by this AD, unless the AD Authorities] INT/POL/25/12. The review To address and correct this unsafe specifies otherwise. revealed that under certain failure condition, new software (version V13.55) has (1) The Director of the Federal Register conditions, prolonged dry running of the fuel been developed for the Flight Warning approved the incorporation by reference of transfer pumps may result in an ignition Computer (FWC). This software update this service information under 5 U.S.C. source in the centre wing fuel tank. This introduces a decreased time delay of the 552(a) and 1 CFR part 51. condition, if not corrected, could lead to centre wing fuel tank low pressure alert from (2) For service information identified in ignition of flammable fuel vapors, resulting 15 minutes to 60 seconds, to stop prolonged ˆ this AD, contact Bombardier, Inc., 400 Cote- in fuel tank explosion and consequent loss of dry running of the fuel transfer pumps. ´ Vertu Road West, Dorval, Quebec H4S 1Y9, the aircraft. For the reasons described above, this EASA Canada; telephone 514–855–5000; fax 514– Airworthiness Directive (AD) requires the 855–7401; e-mail * * * * * replacement of the FWC with a modified [email protected]; Internet We are issuing this AD to require unit, incorporating software version V13.55. http://www.bombardier.com. actions to correct the unsafe condition (3) You may review copies of the service on these products. The corrective actions include information at the FAA, Transport Airplane revising the airplane flight manual DATES: This AD becomes effective Directorate, 1601 Lind Avenue, SW., Renton, (AFM) to change certain indications and October 14, 2009. Washington. For information on the warnings; installing new software for availability of this material at the FAA, call The Director of the Federal Register the multifunction display unit (MFDU); 425–227–1221 or 425–227–1152. approved the incorporation by reference and installing a new resistor in the (4) You may also review copies of the of certain publications listed in this AD service information that is incorporated by thrust reverser indicator and control as of October 14, 2009. system, or an improved thrust reverser reference at the National Archives and On October 27, 1999 (64 FR 51202, Records Administration (NARA). For unlock indication relay. You may obtain information on the availability of this September 22, 1999), the Director of the further information by examining the material at NARA, call 202–741–6030, or go Federal Register approved the MCAI in the AD docket. to: http://www.archives.gov/federal_register/ incorporation by reference of certain code_of_federal_regulations/ other publications listed in this AD. Comments ibr_locations.html. ADDRESSES: You may examine the AD We gave the public the opportunity to Issued in Renton, Washington, on August docket on the Internet at http:// participate in developing this AD. We 18, 2009. www.regulations.gov or in person at the received no comments on the NPRM or Stephen P. Boyd, U.S. Department of Transportation, on the determination of the cost to the Acting Manager, Transport Airplane Docket Operations, M–30, West public. Directorate, Aircraft Certification Service. Building Ground Floor, Room W12–140, [FR Doc. E9–20836 Filed 9–8–09; 8:45 am] 1200 New Jersey Avenue, SE., Conclusion BILLING CODE 4910–13–P Washington, DC. We reviewed the available data and FOR FURTHER INFORMATION CONTACT: Tom determined that air safety and the Rodriguez, Aerospace Engineer, public interest require adopting the AD DEPARTMENT OF TRANSPORTATION International Branch, ANM–116, as proposed. Transport Airplane Directorate, FAA, Federal Aviation Administration Differences Between This AD and the 1601 Lind Avenue, SW., Renton, MCAI or Service Information 14 CFR Part 39 Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. We have reviewed the MCAI and [Docket No. FAA–2009–0563; Directorate SUPPLEMENTARY INFORMATION: related service information and, in Identifier 2008–NM–180–AD; Amendment general, agree with their substance. But 39–16005; AD 2009–18–09] Discussion we might have found it necessary to use RIN 2120–AA64 We issued a notice of proposed different words from those in the MCAI rulemaking (NPRM) to amend 14 CFR to ensure the AD is clear for U.S. Airworthiness Directives; Fokker part 39 to include an AD that would operators and is enforceable. In making Model F.28 Mark 0070 and 0100 apply to the specified products. That these changes, we do not intend to differ Airplanes NPRM was published in the Federal substantively from the information AGENCY: Federal Aviation Register on June 19, 2009 (74 FR 29144), provided in the MCAI and related Administration (FAA), Department of and proposed to supersede AD 99–20– service information. Transportation (DOT). 01, Amendment 39–11329 (64 FR We might also have required different ACTION: Final rule. 51202, September 22, 1999). That NPRM actions in this AD from those in the proposed to correct an unsafe condition MCAI in order to follow our FAA SUMMARY: We are superseding an for the specified products. The MCAI policies. Any such differences are existing airworthiness directive (AD) for states: highlighted in a note within the AD.

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Costs of Compliance 2. Is not a ‘‘significant rule’’ under the through 11537 inclusive, 11545, 11547, DOT Regulatory Policies and Procedures 11553, 11557, 11561, 11562, 11566, 11567, We estimate that this AD affects about (44 FR 11034, February 26, 1979); and 11571, 11572, 11576 through 11579 4 products of U.S. registry. 3. Will not have a significant inclusive, and 11581 through 11583 inclusive. All airplanes with these serial The actions that are required by AD economic impact, positive or negative, 99–20–01 and retained in this AD take numbers are fitted with center wing fuel on a substantial number of small entities tanks. about 7 work-hours per product, at an under the criteria of the Regulatory average labor rate of $80 per work hour. Flexibility Act. Subject Required parts cost about $1,593 per We prepared a regulatory evaluation (d) Air Transport Association (ATA) of product. Based on these figures, the of the estimated costs to comply with America Codes 31 and 78: Instruments and estimated cost of the currently required this AD and placed it in the AD docket. Engine Exhaust, respectively. actions is $2,153 per product. Examining the AD Docket Reason We estimate that it takes about 7 (e) The mandatory continuing work-hours per product to comply with You may examine the AD docket on airworthiness information (MCAI) states: the new basic requirements of this AD. the Internet at http:// A recent design review has been carried The average labor rate is $80 per work- www.regulations.gov; or in person at the out on the F28 Mark 0070/0100 fuel system hour. Required parts cost about $5,350 Docket Operations office between 9 a.m. in accordance with the guidelines related to per product. Where the service and 5 p.m., Monday through Friday, FAA SFAR 88 [Special Federal Aviation information lists required parts costs except Federal holidays. The AD docket Regulation No. 88] (Fuel Tank Safety that are covered under warranty, we contains the NPRM, the regulatory Program) and JAA [Joint Aviation evaluation, any comments received, and Authorities] INT/POL/25/12. The review have assumed that there will be no revealed that under certain failure charge for these costs. As we do not other information. The street address for conditions, prolonged dry running of the fuel control warranty coverage for affected the Docket Operations office (telephone transfer pumps may result in an ignition parties, some parties may incur costs (800) 647–5527) is in the ADDRESSES source in the centre wing fuel tank. This higher than estimated here. Based on section. Comments will be available in condition, if not corrected, could lead to these figures, we estimate the cost of the AD docket shortly after receipt. ignition of flammable fuel vapors, resulting in fuel tank explosion and consequent loss of this AD to U.S. operators to be $23,640, List of Subjects in 14 CFR Part 39 or $5,910 per product. the aircraft. Air transportation, Aircraft, Aviation To address and correct this unsafe Authority for This Rulemaking safety, Incorporation by reference, condition, new software (version V13.55) has been developed for the Flight Warning Title 49 of the United States Code Safety. Computer (FWC). This software update specifies the FAA’s authority to issue Adoption of the Amendment introduces a decreased time delay of the rules on aviation safety. Subtitle I, centre wing fuel tank low pressure alert from section 106, describes the authority of ■ Accordingly, under the authority 15 minutes to 60 seconds, to stop prolonged the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, dry running of the fuel transfer pumps. Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as For the reasons described above, this EASA follows: Airworthiness Directive (AD) requires the detail the scope of the Agency’s replacement of the FWC with a modified authority. PART 39—AIRWORTHINESS unit, incorporating software version V13.55. We are issuing this rulemaking under DIRECTIVES The corrective actions include revising the the authority described in ‘‘Subtitle VII, airplane flight manual (AFM) to change Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 certain indications and warnings; installing General requirements.’’ Under that continues to read as follows: new software for the multifunction display section, Congress charges the FAA with unit (MFDU); and installing a new resistor in Authority: 49 U.S.C. 106(g), 40113, 44701. the thrust reverser indicator and control promoting safe flight of civil aircraft in system, or an improved thrust reverser § 39.13 [Amended] air commerce by prescribing regulations unlock indication relay. for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by the Administrator finds necessary for Restatement of Requirements of AD 99–20– removing Amendment 39–11329 (64 FR 01 With No Changes to the Modifications safety in air commerce. This regulation 51202, September 22, 1999) and adding (f) Unless already done, within 18 months is within the scope of that authority the following new AD: because it addresses an unsafe condition after October 27, 1999 (the effective date of that is likely to exist or develop on 2009–18–09 Fokker Services B.V.: AD 99–20–01), modify the electrical wiring Amendment 39–16005. Docket No. of the FWC in accordance with Part 1 or 2, products identified in this rulemaking FAA–2009–0563; Directorate Identifier as applicable, of the Accomplishment action. 2008–NM–180–AD. Instructions of Fokker Service Bulletin Regulatory Findings SBF100–31–047, Revision 1, dated March 21, Effective Date 1997. We determined that this AD will not (a) This airworthiness directive (AD) Note 1: It is not necessary to install have federalism implications under becomes effective October 14, 2009. computer software version V10.40 into the Executive Order 13132. This AD will Affected ADs FWC, since a later version is available and is required to be installed by AD 99–20–01. not have a substantial direct effect on (b) This AD supersedes AD 99–20–01, the States, on the relationship between Amendment 39–11329. (g) Unless already done, concurrently with the national government and the States, the accomplishment of the requirements of or on the distribution of power and Applicability paragraph (f) of this AD, install upgraded responsibilities among the various (c) This AD applies to airplanes, computer software version V11.45 into the levels of government. certificated in any category, as identified in FWC in accordance with Fokker Service paragraphs (c)(1) and (c)(2) of this AD. Bulletin SBF100–31–051, dated August 15, For the reasons discussed above, I (1) Fokker Model F.28 Mark 0100 1998. certify this AD: airplanes, all serial numbers. Note 2: AlliedSignal Grimes Aerospace has 1. Is not a ‘‘significant regulatory (2) Fokker Model F.28 Mark 0070 issued Service Bulletin 80–0610–31–0031, action’’ under Executive Order 12866; airplanes, serial numbers 11521, 11528 dated May 14, 1998, as an additional source

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of guidance for installation of the upgraded into the AFM. When the information in includes those actions. It is necessary to do computer software version into the FWC. Fokker MCNO–F100–050, dated January 31, one of those actions before installing the 2008, has been included in general revisions Note 3: Operators should note that Fokker MFDU software. of the AFM, the general revisions may be Service Bulletin SBF100–31–051, dated inserted in the AFM, provided the relevant Other FAA AD Provisions August 15, 1998, specifies prior or information in the general revisions are concurrent accomplishment of Fokker (i) The following provisions also apply to identical to that in Fokker MCNO–F100–050, Service Bulletin SBF100–78–014 (which this AD: dated January 31, 2008. specifies concurrent accomplishment of (1) Alternative Methods of Compliance Fokker Component Service Bulletin (CSB) (3) After accomplishing paragraph (h)(1) of (AMOCs): The Manager, International P41440–78–04, and prior or concurrent this AD, no person may install an FWC Branch, ANM–116, Transport Airplane accomplishment of Fokker Service Bulletin having P/N 80–0610–3–45 or P/N 80–0610– Directorate, FAA, has the authority to 3–50, unless it has been modified to P/N 80– SBF100–78–012 and CSB P41440–78–05). approve AMOCs for this AD, if requested 0610–3–55 standard in accordance with Related FAA AD 99–20–02, amendment 39– using the procedures found in 14 CFR 39.19. Honeywell Service Bulletin 80–0610–31– 11330, requires accomplishment of these four Send information to ATTN: Tom Rodriguez, other service bulletins. 0003, dated February 13, 2008. (4) Within 36 months after the effective Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, New Requirements of This AD: Actions and date of this AD, install software version V12 FAA, 1601 Lind Avenue, SW., Renton, Compliance for the MFDU in accordance with the Accomplishment Instructions of Fokker Washington 98057–3356; telephone (425) (h) Unless already done, do the following Service Bulletin SBF100–31–060, dated June 227–1137; fax (425) 227–1149. Before using actions. 1, 2002. any approved AMOC on any airplane to (1) Within 36 months after the effective (5) Within 36 months after the effective which the AMOC applies, notify your date of this AD, replace FWC units having date of this AD, modify the thrust reverser principal maintenance inspector (PMI) or part number (P/N) 80–0610–3–45 and P/N indication and control system in accordance principal avionics inspector (PAI), as 80–0610–3–50 with modified units having with the Accomplishment Instructions of appropriate, or lacking a principal inspector, P/N 80–0610–3–55, in accordance with the Fokker Service Bulletin SBF100–78–016, your local Flight Standards District Office. Accomplishment Instructions of Fokker dated October 1, 1999; or modify the thrust Service Bulletin SBF100–31–067, Revision 1, (2) Airworthy Product: For any requirement reverser unlock indication relay in in this AD to obtain corrective actions from dated April 24, 2008. accordance with the Accomplishment (2) Within 36 months after the effective a manufacturer or other source, use these Instructions of Fokker Service Bulletin actions if they are FAA-approved. Corrective date of this AD and concurrently with the SBF100–78–017, dated December 1, 1999. accomplishment of paragraph (h)(1) of this actions are considered FAA-approved if they AD, revise the Emergency and Abnormal FAA AD Differences are approved by the State of Design Authority (or their delegated agent). You are required Procedures sections of the airplane flight Note 5: This AD differs from the MCAI to assure the product is airworthy before it manual (AFM), as specified in Fokker and/or service information as follows: Manual Change Notification-Operational (1) Replacing the MFDU in accordance is returned to service. Documentation MCNO–F100–050, dated with Fokker Service Bulletin SBF100–31– (3) Reporting Requirements: For any January 31, 2008, which is included in 060, dated June 1, 2002, is not included in reporting requirement in this AD, under the Fokker Service Bulletin SBF100–31–067, the MCAI; however, this AD includes that provisions of the Paperwork Reduction Act, Revision 1, dated April 24, 2008. These AFM action. It is necessary to install a new version the Office of Management and Budget (OMB) sections provide alterations, which are of the MFDU software before installing the has approved the information collection introduced in Fokker Service Bulletin new version of the FWC software. requirements and has assigned OMB Control SBF100–31–067, Revision 1, dated April 24, (2) Modifying the thrust reverser indication Number 2120–0056. 2008. and control system in accordance with Related Information Note 4: Revisions to the Emergency Fokker Service Bulletin SBF100–78–016, Procedures and Abnormal Procedures dated October 1, 1999; or modifying the (j) Refer to MCAI European Aviation Safety sections of the AFM, as specified in Fokker thrust reverser unlock indication relay in Agency Airworthiness Directive 2008–0090, MCNO–F100–050, dated January 31, 2008, accordance with Fokker Service Bulletin dated May 13, 2008, and the service may be done by inserting copies of Fokker SBF100–78–017, dated December 1, 1999, is information identified in Table 1 of this AD, MCNO–F100–050, dated January 31, 2008, not included in the MCAI; however, this AD for related information.

TABLE 1—RELATED INFORMATION

Service information— Revision level— Dated—

Fokker Service Bulletin SBF100–31–047 ...... 1 ...... March 21, 1997. Fokker Service Bulletin SBF100–31–051 ...... Original ...... August 15, 1998. Fokker Service Bulletin SBF100–31–060 ...... Original ...... June 1, 2002. Fokker Service Bulletin SBF100–31–067, including 1 ...... April 24, 2008. Fokker Manual Change Notification-Operational Docu- mentation MCNO–F100–50, dated January 31, 2008. Fokker Service Bulletin SBF100–78–016 ...... Original ...... October 1, 1999. Fokker Service Bulletin SBF100–78–017 ...... Original ...... December 1, 1999.

Material Incorporated by Reference actions required by this AD, unless the AD (k) You must use the service information specifies otherwise. contained in Table 2 of this AD to do the

TABLE 2—ALL MATERIAL INCORPORATED BY REFERENCE

Document Revision Date

Fokker Service Bulletin SBF100–31–047 ...... 1 ...... March 21, 1997. Fokker Service Bulletin SBF100–31–051 ...... Original ...... August 15, 1998.

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TABLE 2—ALL MATERIAL INCORPORATED BY REFERENCE—Continued

Document Revision Date

Fokker Service Bulletin SBF100–31–060 ...... Original ...... June 1, 2002. Fokker Service Bulletin SBF100–31–067, including 1 ...... April 24, 2008. Fokker Manual Change Notification-Operational Docu- mentation MCNO–F100–50, dated January 31, 2008. Fokker Service Bulletin SBF100–78–016 ...... Original ...... October 1, 1999. Fokker Service Bulletin SBF100–78–017 ...... Original ...... December 1, 1999.

(1) The Director of the Federal Register of this AD under 5 U.S.C. 552(a) and 1 CFR approved the incorporation by reference of part 51. the service information contained in Table 3

TABLE 3—NEW MATERIAL INCORPORATED BY REFERENCE

Document Revision Date

(2) The Director of the Federal Register DEPARTMENT OF TRANSPORTATION increase the quantity of unusable fuel on previously approved the incorporation by aircraft possibly leading to fuel starvation reference of Fokker Service Bulletin SBF100– Federal Aviation Administration which could result in engine in-flight shut 31–047, Revision 1, dated March 21, 1997; down and would constitute an unsafe and Fokker Service Bulletin SBF100–31–051, 14 CFR Part 39 condition. dated August 15, 1998; on October 27, 1999 * * * * * (64 FR 51202, September 22, 1999). [Docket No. FAA–2009–0381; Directorate (3) For Fokker service information Identifier 2009–NM–008–AD; Amendment We are issuing this AD to require identified in this AD, contact Fokker Services 39–16016; AD 2009–18–19] actions to correct the unsafe condition B.V., Technical Services Dept., P.O. Box 231, RIN 2120–AA64 on these products. 2150 AE Nieuw-Vennep, the Netherlands; DATES: This AD becomes effective telephone +31 (0)252–627–350; fax +31 Airworthiness Directives; Airbus Model (0)252–627–211; e-mail October 14, 2009. A330–200 and –300 Series Airplanes [email protected]; The Director of the Federal Register and Model A340–200 and –300 Series Internet http://www.myfokkerfleet.com. approved the incorporation by reference Airplanes (4) For AlliedSignal Grimes Aerospace and of certain publications listed in this AD Honeywell service information identified in AGENCY: Federal Aviation as of October 14, 2009. this AD, contact Honeywell Aerospace, Technical Publications and Distribution, Administration (FAA), Department of ADDRESSES: You may examine the AD M/S 2101–201, P.O. Box 52170, Phoenix, Transportation (DOT). docket on the Internet at http:// Arizona 85072–2170; telephone 602–365– ACTION: Final rule. www.regulations.gov or in person at the 5535; fax 602–365–5577; Internet http:// U.S. Department of Transportation, SUMMARY: We are adopting a new www.honeywell.com. Docket Operations, M–30, West airworthiness directive (AD) for the (5) You may review copies of the service Building Ground Floor, Room W12–140, information at the FAA, Transport Airplane products listed above. This AD results 1200 New Jersey Avenue, SE., Directorate, 1601 Lind Avenue, SW., Renton, from mandatory continuing Washington, DC. Washington. For information on the airworthiness information (MCAI) availability of this material at the FAA, call originated by an aviation authority of FOR FURTHER INFORMATION CONTACT: 425–227–1221 or 425–227–1152. another country to identify and correct Vladimir Ulyanov, Aerospace Engineer, (6) You may also review copies of the an unsafe condition on an aviation International Branch, ANM–116, service information that is incorporated by Transport Airplane Directorate, FAA, reference at the National Archives and product. The MCAI describes the unsafe Records Administration (NARA). For condition as: 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone information on the availability of this An A340 operator has reported an material at NARA, call 202–741–6030, or go uncommanded engine N°4 shut down during (425) 227–1138; fax (425) 227–1149. _ to: http://www.archives.gov/federal register/ taxi after landing. SUPPLEMENTARY INFORMATION: code_of_federal_regulations/ The root cause of this event has been ibr_locations.html. identified as failure of the fuel pump Non Discussion Return Valve (NRV) preventing the collector Issued in Renton, Washington, on August We issued a notice of proposed 18, 2009. cell jet pump from working. This led to engine N°4 collector cell fuel level to drop rulemaking (NPRM) to amend 14 CFR Stephen P. Boyd, below the pump inlet and consequently part 39 to include an AD that would Acting Manager, Transport Airplane causing engine N°4 flame out. apply to the specified products. That Directorate, Aircraft Certification Service. * * * * * NPRM was published in the Federal [FR Doc. E9–20840 Filed 9–8–09; 8:45 am] Multiple NRV failures in combination with Register on April 29, 2009 (74 FR BILLING CODE 4910–13–P failure modes trapping fuel could potentially 19464). That NPRM proposed to correct

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an unsafe condition for the specified these changes, we do not intend to differ We prepared a regulatory evaluation products. The MCAI states: substantively from the information of the estimated costs to comply with An A340 operator has reported an provided in the MCAI and related this AD and placed it in the AD docket. ° service information. uncommanded engine N 4 shut down during Examining the AD Docket taxi after landing. We might also have required different The root cause of this event has been actions in this AD from those in the You may examine the AD docket on identified as failure of the fuel pump Non MCAI in order to follow our FAA the Internet at http:// Return Valve (NRV) preventing the collector policies. Any such differences are www.regulations.gov; or in person at the cell jet pump from working. This led to Docket Operations office between 9 a.m. ° highlighted in a NOTE within the AD. engine N 4 collector cell fuel level to drop and 5 p.m., Monday through Friday, below the pump inlet and consequently Costs of Compliance except Federal holidays. The AD docket causing engine N°4 flame out. A330 aircraft which have a similar design We estimate that this AD affects 50 contains the NPRM, the regulatory are also impacted by this issue. products of U.S. registry. We also evaluation, any comments received, and Multiple NRV failures in combination with estimate that it takes about 5 work-hours other information. The street address for failure modes trapping fuel could potentially per product to comply with the basic the Docket Operations office (telephone increase the quantity of unusable fuel on requirements of this AD. The average (800) 647–5527) is in the ADDRESSES aircraft possibly leading to fuel starvation labor rate is $80 per work-hour. Based section. Comments will be available in which could result in engine in-flight shut the AD docket shortly after receipt. down and would constitute an unsafe on these figures, we estimate the cost of condition. this AD to the U.S. operators to be List of Subjects in 14 CFR Part 39 $20,000, or $400 per product. To prevent such an event, this Air transportation, Aircraft, Aviation Airworthiness Directive (AD) requires a periodic operational test to check the correct Authority for This Rulemaking safety, Incorporation by reference, operation of NRV and to apply the associated Title 49 of the United States Code Safety. corrective actions. specifies the FAA’s authority to issue Adoption of the Amendment rules on aviation safety. Subtitle I, The corrective action includes replacing ■ any failed NRV with a new NRV. You section 106, describes the authority of Accordingly, under the authority may obtain further information by the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, examining the MCAI in the AD docket. Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as detail the scope of the Agency’s follows: Comments authority. PART 39—AIRWORTHINESS We gave the public the opportunity to We are issuing this rulemaking under DIRECTIVES participate in developing this AD. We the authority described in ‘‘Subtitle VII, considered the comment received. Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 Request To Clarify Applicability General Requirements.’’ Under that continues to read as follows: Statement and Paragraphs (f)(1) and section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. (f)(2) of the NPRM promoting safe flight of civil aircraft in air commerce by prescribing regulations § 39.13 [Amended] Airbus suggests that we revise the for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding NPRM to specify all models in the the Administrator finds necessary for the following new AD: Applicability statement and in safety in air commerce. This regulation 2009–18–19 Airbus: Amendment 39–16016. paragraphs (f)(1) and (f)(2) of the is within the scope of that authority Docket No. FAA–2009–0381; Directorate proposed AD. because it addresses an unsafe condition Identifier 2009–NM–008–AD. We agree. For clarity, we have revised that is likely to exist or develop on the applicability statement and Effective Date products identified in this rulemaking paragraphs (f)(1), (f)(2), (f)(3)(i), and (a) This airworthiness directive (AD) action. (f)(3)(ii) of this AD to identify all becomes effective October 14, 2009. affected models as specified in the Regulatory Findings Affected ADs applicable type certificate data sheet. We determined that this AD will not (b) None. Conclusion have federalism implications under Applicability We reviewed the available data, Executive Order 13132. This AD will not have a substantial direct effect on (c) This AD applies to the airplanes including the comment received, and identified in paragraphs (c)(1) and (c)(2) of determined that air safety and the the States, on the relationship between the AD, certificated in any category. public interest require adopting the AD the national government and the States, (1) Airbus Model A330–201, –202, –203, with the changes described previously. or on the distribution of power and –223, –243, –301, –302, –303, –321, –322, We determined that these changes will responsibilities among the various –323, –341, –342, and –343 series airplanes, levels of government. all serial numbers. not increase the economic burden on (2) Airbus Model A340–211, –212, –213, any operator or increase the scope of the For the reasons discussed above, I certify this AD: –311, –312, and –313 series airplanes, all AD. serial numbers. 1. Is not a ‘‘significant regulatory Differences Between This AD and the action’’ under Executive Order 12866; Subject MCAI or Service Information 2. Is not a ‘‘significant rule’’ under the (d) Air Transport Association (ATA) of We have reviewed the MCAI and DOT Regulatory Policies and Procedures America Code 28: Fuel. related service information and, in (44 FR 11034, February 26, 1979); and Reason general, agree with their substance. But 3. Will not have a significant (e) The mandatory continuing we might have found it necessary to use economic impact, positive or negative, airworthiness information (MCAI) states: different words from those in the MCAI on a substantial number of small entities An A340 operator has reported an to ensure the AD is clear for U.S. under the criteria of the Regulatory uncommanded engine N°4 shut down during operators and is enforceable. In making Flexibility Act. taxi after landing.

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The root cause of this event has been required by paragraph (f)(1) or (f)(2) of this 1, dated October 13, 2008; or Airbus identified as failure of the fuel pump Non AD to Airbus, at the time specified in Mandatory Service Bulletin A340–28–4123, Return Valve (NRV) preventing the collector paragraph (f)(4)(i) or (f)(4)(ii) of this AD, as including Appendix 1, dated October 13, cell jet pump from working. This led to applicable. The report must include the 2008; as applicable; to do the actions engine N°4 collector cell fuel level to drop information specified in Appendix 1 of required by this AD, unless the AD specifies below the pump inlet and consequently Airbus Mandatory Service Bulletin A330–28– otherwise. causing engine N°4 flame out. 3108 or A340–28–4123, both dated October (1) The Director of the Federal Register A330 aircraft which have a similar design 13, 2008, as applicable. Send the report to approved the incorporation by reference of are also impacted by this issue. Airbus Department SEEE6, Airbus Customer this service information under 5 U.S.C. Multiple NRV failures in combination with Services Directorate, 1 Rond Point Maurice 552(a) and 1 CFR part 51. failure modes trapping fuel could potentially Bellonte, 31707 Blagnac Cedex France, Attn: (2) For service information identified in increase the quantity of unusable fuel on SDC32 Technical Data and Documentation this AD, contact Airbus SAS—Airworthiness aircraft possibly leading to fuel starvation Services; fax: +33 5 61 93 28 06; e-mail: Office—EAL, 1 Rond Point Maurice Bellonte, which could result in engine in-flight shut [email protected]. 31707 Blagnac Cedex, France; fax +33 5 61 down and would constitute an unsafe (i) If the inspection was done after the 93 45 80, e-mail airworthiness.A330– condition. effective date of this AD: Submit the report [email protected]; Internet http:// To prevent such an event, this within 30 days after the inspection. www.airbus.com. Airworthiness Directive (AD) requires a (ii) If the inspection was done on or prior (3) You may review copies of the service periodic operational test to check the correct to the effective date of this AD: Submit the information at the FAA, Transport Airplane operation of NRV and to apply the associated report within 30 days after the effective date Directorate, 1601 Lind Avenue, SW., Renton, corrective actions. of this AD. Washington. For information on the The corrective action includes replacing availability of this material at the FAA, call any failed NRV with a new NRV. FAA AD Differences 425–227–1221 or 425–227–1152. Actions and Compliance Note 1: This AD differs from the MCAI (4) You may also review copies of the and/or service information as follows: No service information that is incorporated by (f) Unless already done, do the following differences. actions. reference at the National Archives and (1) For Airbus Model A330–201, –202, Other FAA AD Provisions Records Administration (NARA). For information on the availability of this –203, –223, –243, –301, –302, –303, –321, (g) The following provisions also apply to –322, –323, –341, –342, and –343 series material at NARA, call 202–741–6030, or go this AD: _ airplanes: At the later of the times in to: http://www.archives.gov/federal register/ (1) Alternative Methods of Compliance _ _ _ paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, code of federal regulations/ (AMOCs): The Manager, International ibr_locations.html. perform an operational test for correct Branch, ANM–116, FAA, has the authority to functioning of the NRV and apply all approve AMOCs for this AD, if requested Issued in Renton, Washington, on August applicable corrective actions, in accordance using the procedures found in 14 CFR 39.19. 26, 2009. with instructions defined in Airbus Send information to ATTN: Vladimir Ali Bahrami, Mandatory Service Bulletin A330–28–3108, Ulyanov, Aerospace Engineer, International including Appendix 1, dated October 13, Manager, Transport Airplane Directorate, Branch, ANM–116, Transport Airplane Aircraft Certification Service. 2008. Do all applicable corrective actions Directorate, FAA, 1601 Lind Avenue, SW., before further flight. Renton, Washington 98057–3356; telephone [FR Doc. E9–21409 Filed 9–8–09; 8:45 am] (i) Within 24 months or 8,000 flight hours (425) 227–1138; fax (425) 227–1149. Before BILLING CODE 4910–13–P after the effective date of this AD, whichever using any approved AMOC on any airplane occurs first. to which the AMOC applies, notify your (ii) Before the accumulation of 10,000 total appropriate principal maintenance inspector DEPARTMENT OF TRANSPORTATION flight hours after the first flight of the (PMI) or the principal avionics inspector airplane. (PAI), as appropriate, or lacking a principal Federal Aviation Administration (2) For Airbus Model A340–211, –212, inspector, your local Flight Standards District –213, –311, –312, and –313 series airplanes: Office. 14 CFR Part 39 At the later of the times in paragraphs (f)(2)(i) (2) Airworthy Product: For any and (f)(2)(ii) of this AD, perform an requirement in this AD to obtain corrective [Docket No. FAA–2009–0212; Directorate operational test for correct functioning of the actions from a manufacturer or other source, Identifier 2008–NM–122–AD; Amendment NRV and apply all applicable corrective use these actions if they are FAA-approved. 39–16019; AD 2009–19–02] actions, in accordance with instructions Corrective actions are considered FAA- defined in Airbus Mandatory Service approved if they are approved by the State RIN 2120–AA64 Bulletin A340–28–4123, including Appendix of Design Authority (or their delegated 1, dated October 13, 2008. Do all applicable agent). You are required to assure the product Airworthiness Directives; Boeing corrective actions before further flight. is airworthy before it is returned to service. Model 737–600, –700, –700C, –800, (i) Within 24 months or 9,000 flight hours (3) Reporting Requirements: For any –900 and –900ER Series Airplanes after the effective date of this AD, whichever reporting requirement in this AD, under the occurs first. provisions of the Paperwork Reduction Act, AGENCY: Federal Aviation (ii) Before the accumulation of 25,000 total the Office of Management and Budget (OMB) Administration (FAA), DOT. flight hours after the first flight of the has approved the information collection ACTION: Final rule. airplane. requirements and has assigned OMB Control (3) Repeat the operational test specified in Number 2120–0056. paragraph (f)(1) or (f)(2) of this AD as SUMMARY: We are adopting a new applicable, at the applicable interval in Related Information airworthiness directive (AD) for all paragraph (f)(3)(i) or (f)(3)(ii) of this AD. (h) Refer to MCAI European Aviation Boeing Model 737–600, –700, –700C, (i) For Airbus Model A330–201, –202, Safety Agency Airworthiness Directive 2008– –800, –900 and –900ER series airplanes. –203, –223, –243, –301, –302, –303, –321, 0209, dated November 27, 2008; Airbus This AD requires repetitive testing of –322, –323, –341, –342, and –343 series Mandatory Service Bulletins A330–28–3108 the rudder pedal forces or repetitive airplanes: At intervals not to exceed 10,000 and A340–28–4123, both including detailed inspections of the inner spring flight hours. Appendix 1, both dated October 13, 2008; for of the rudder feel and centering unit, (ii) For Airbus Model A340–211, –212, related information. –213, –311, –312, and –313 series airplanes: and corrective actions if necessary. This At intervals not to exceed 25,000 flight hours. Material Incorporated by Reference AD also requires replacement of the (4) Submit a report of the findings (both (i) You must use Airbus Mandatory Service spring assembly in the rudder feel and positive and negative) of the inspection Bulletin A330–28–3108, including Appendix centering unit, which terminates the

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repetitive tests or inspections. This AD inspections of the inner spring of the that rudder feel and centering units with results from reports of low rudder pedal rudder feel and centering unit, and discrepant springs can be physically forces that were caused by a broken corrective actions if necessary. That installed on any airplane identified in inner spring in the rudder feel and NPRM also proposed to require paragraph (c) of this AD. Including all centering unit; a broken inner spring in replacement of the spring assembly in 737 airplane models identified in conjunction with a broken outer spring the rudder feel and centering unit, paragraph (c) of this AD, in addition to would significantly reduce rudder pedal which terminates the repetitive tests or the requirements of paragraph (i) of this forces. We are issuing this AD to inspections. AD, prohibits future installation of discrepant springs on any affected prevent reduced rudder pedal forces, Comments which could result in increased airplanes. We have not changed the AD potential for pilot-induced oscillations We gave the public the opportunity to in this regard. and reduce the ability of the flightcrew participate in developing this AD. We considered the comments received. Request To Allow Alternative to maintain the safe flight and landing Procedures of the airplane. Request To Reduce Applicability and Continental Airlines (CAL) asks that DATES: This AD is effective October 14, Delete Parts Installation Paragraph we allow each of the following as 2009. Boeing asks that we reduce the alternative procedures for replacing a The Director of the Federal Register applicability in paragraph (c) of the approved the incorporation by reference spring assembly (inner and outer spring) NPRM to specify only those airplanes in the rudder feel and centering unit of a certain publication listed in the AD listed in Boeing Alert Service Bulletin as of October 14, 2009. having part number (P/N) 69–57900–6, 737–27A1287, dated April 16, 2008. as follows: ADDRESSES: For service information Boeing states that the ‘‘open • Replace only a suspect part having identified in this AD, contact Boeing applicability,’’ as proposed, would P/N 69–57907–3 per Chapter 27–21–85 Commercial Airplanes, Attention: Data apply to delivery of new airplanes. of the component maintenance manual & Services Management, P.O. Box 3707, Boeing adds that this will cause an (CMM). MC 2H–65, Seattle, Washington 98124– increased cost and paperwork burden by • Replace the entire rudder feel and 2207; telephone 206–544–5000, requiring that the AD be listed in the centering unit having P/N 65C25410–7 extension 1, fax 206–766–5680; e-mail airplane AD status letter and distributed per Chapter 27–21–82 of the airplane [email protected]; Internet to each customer with the production maintenance manual (AMM), either https://www.myboeingfleet.com. change incorporated that addresses the with one having a part number and Examining the AD Docket unsafe condition. Boeing notes that serial number combination that is not there was no production change listed in the Effectivity of Boeing Alert You may examine the AD docket on incorporated for Model 737–900ER Service Bulletin 737–27A1287, dated the Internet at http:// airplanes; all Model 737–900ER April 16, 2008, or with one that has www.regulations.gov; or in person at the airplanes were delivered with the been modified by replacing the inner Docket Management Facility between 9 correct inner spring of the rudder feel spring per Chapter 27–21–85 of the a.m. and 5 p.m., Monday through and centering unit. Therefore, Model CMM. Friday, except Federal holidays. The AD 737–900ER airplanes should be CAL states that five of its airplanes docket contains this AD, the regulatory removed from the applicability section. were modified by replacing the rudder evaluation, any comments received, and Boeing also asks that we delete the feel and centering units, and in each other information. The address for the requirements in paragraph (i) of this AD case the inner spring had not failed and Docket Office (telephone 800–647–5527) under ‘‘Parts Installation.’’ Boeing states did not subject the outer spring to is the Document Management Facility, that all affected airplanes with a abnormal stresses, so the outer spring U.S. Department of Transportation, discrepant inner spring installed are was not replaced. CAL adds that Docket Operations, M–30, West identified in Boeing Alert Service replacing the inner spring per the CMM Building Ground Floor, Room W12–140, Bulletin 737–27A1287, dated April 16, corrects the unsafe condition and 1200 New Jersey Avenue, SE., 2008. Boeing adds that the work provides an acceptable level of safety. Washington, DC 20590. instructions contained in the referenced We disagree with the commenter’s FOR FURTHER INFORMATION CONTACT: service bulletin describe procedures to request. According to Boeing, Kelly McGuckin, Aerospace Engineer, modify the rudder feel and centering replacement of either the feel and Systems and Equipment Branch, ANM– unit with appropriate part marking. The centering unit or the inner spring 130S, FAA, Seattle Aircraft Certification referenced service bulletin does not give involves a more complex process than Office, 1601 Lind Avenue, SW., Renton, work instructions to remove and replace replacing the spring assembly, as Washington 98057–3356; telephone the rudder feel and centering units; required by this AD. In addition, there (425) 917–6490; fax (425) 917–6590. therefore, no unmodified units will be are currently no special instructions for SUPPLEMENTARY INFORMATION: available for parts installation. part-marking a modified spring We acknowledge that the airplane assembly after removing a suspect inner Discussion effectivity identified in Boeing Alert spring. While the commenter’s proposed We issued a notice of proposed Service Bulletin 737–27A1287, dated alternative procedures may be rulemaking (NPRM) to amend 14 CFR April 16, 2008, does not include all acceptable, more information is part 39 to include an airworthiness Model 737–600, –700, –700C, –800, required. The commenter may submit a directive (AD) that would apply to all –900 and 737–900ER airplanes. request for approval of an alternative Boeing Model 737–600, –700, –700C, However, as we explained in the NPRM, method of compliance (AMOC) in –800, –900 and –900ER series airplanes. this AD does include all Model 737– accordance with the provisions of That NPRM was published in the 600, –700, –700C, –800, –900 and paragraph (k) of this AD. The request Federal Register on March 10, 2009 (74 –900ER series airplanes. We do not should address part marking and FR 10197). That NPRM proposed to agree to reduce the applicability in this configuration control of the suspect require repetitive testing of the rudder AD, or delete the requirements in inner springs, the modified spring pedal forces or repetitive detailed paragraph (i) of this AD. We determined assembly, and the feel and centering

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unit assembly. For these reasons, and Conclusion Costs of Compliance because we have confirmed that We reviewed the relevant data, adequate spring assembly spares should We estimate that this AD affects 70 considered the comments received, and airplanes of U.S. registry. The following be available, we have not changed the determined that air safety and the table provides the estimated costs for AD in this regard. public interest require adopting the AD U.S. operators to comply with this AD. as proposed.

TABLE—ESTIMATED COSTS

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

Test or Inspection ...... 1 $80 $0 $80, per test or inspection cycle ...... 70 $5,600 Replacement ...... 3 80 3,138 3,378...... 70 236,460

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Compliance Title 49 of the United States Code Air transportation, Aircraft, Aviation (f) Comply with this AD within the safety, Incorporation by reference, compliance times specified, unless already specifies the FAA’s authority to issue done. rules on aviation safety. Subtitle I, Safety. Test/Inspection section 106, describes the authority of Adoption of the Amendment the FAA Administrator. ‘‘Subtitle VII: (g) For Model 737–600, –700, –700C, –800, Aviation Programs,’’ describes in more ■ Accordingly, under the authority and –900 series airplanes identified in detail the scope of the Agency’s delegated to me by the Administrator, Boeing Alert Service Bulletin 737–27A1287, authority. the FAA amends 14 CFR part 39 as dated April 16, 2008: Within 30 days after follows: the effective date of this AD, perform a test We are issuing this rulemaking under of the rudder pedal forces or a detailed the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS inspection of the inner spring of the rudder Part A, Subpart III, Section 44701: DIRECTIVES feel and centering unit, by doing all the General requirements.’’ Under that applicable actions, including all applicable section, Congress charges the FAA with ■ 1. The authority citation for part 39 corrective actions before further flight, in promoting safe flight of civil aircraft in continues to read as follows: accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. for practices, methods, and procedures 737–27A1287, dated April 16, 2008. Repeat the test or inspection thereafter at intervals § 39.13 [Amended] the Administrator finds necessary for not to exceed 120 days. safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding is within the scope of that authority the following new AD: Terminating Action (h) For Model 737–600, –700, –700C, –800, because it addresses an unsafe condition 2009–19–02 Boeing: Amendment 39–16019. and –900 series airplanes identified in that is likely to exist or develop on Docket No. FAA–2009–0212; Directorate Boeing Alert Service Bulletin 737–27A1287, products identified in this rulemaking Identifier 2008–NM–122–AD. action. dated April 16, 2008: Within 36 months after Effective Date the effective date of this AD, replace the Regulatory Findings (a) This airworthiness directive (AD) is spring assembly in the rudder feel and effective October 14, 2009. centering unit in accordance with the This AD will not have federalism Accomplishment Instructions of Boeing Alert implications under Executive Order Affected ADs Service Bulletin 737–27A1287, dated April 13132. This AD will not have a (b) None. 16, 2008. Accomplishing the replacement substantial direct effect on the States, on ends the repetitive tests or inspections the relationship between the national Applicability required by paragraph (g) of this AD. (c) This AD applies to all Boeing Model government and the States, or on the Parts Installation distribution of power and 737–600, –700, –700C, –800, –900 and (i) For all airplanes: As of the effective date responsibilities among the various –900ER series airplanes, certificated in any category. of this AD, no person may install, on any levels of government. airplane, a rudder feel and centering unit For the reasons discussed above, I Subject having part number (P/N) 65C25410–7, serial certify that this AD: (d) Air Transport Association (ATA) of numbers 3609 through 3820 inclusive, unless (1) Is not a ‘‘significant regulatory America Code 27: Flight controls. it has been modified according to paragraph (h) of this AD. action’’ under Executive Order 12866, Unsafe Condition (2) Is not a ‘‘significant rule’’ under (e) This AD results from reports of low No Reporting Required DOT Regulatory Policies and Procedures rudder pedal forces that were caused by a (j) Boeing Alert Service Bulletin 737– (44 FR 11034, February 26, 1979), and broken inner spring in the rudder feel and 27A1287, dated April 16, 2008, specifies (3) Will not have a significant centering unit; a broken inner spring in sending a data reporting sheet to Boeing; economic impact, positive or negative, conjunction with a broken outer spring however, this AD does not require that on a substantial number of small entities would significantly reduce rudder pedal action. under the criteria of the Regulatory forces. We are issuing this AD to prevent reduced rudder pedal forces, which could Alternative Methods of Compliance Flexibility Act. result in increased potential for pilot-induced (AMOCs) You can find our regulatory oscillations and reduce the ability of the (k)(1) The Manager, Seattle Aircraft evaluation and the estimated costs of flightcrew to maintain the safe flight and Certification Office (ACO), FAA, ATTN: compliance in the AD Docket. landing of the airplane. Kelly McGuckin, Aerospace Engineer,

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Systems and Equipment Branch, ANM–130S, DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington Federal Aviation Administration Discussion 98057–3356; telephone (425) 917–6490; fax We issued a notice of proposed (425) 917–6590; has the authority to approve 14 CFR Part 39 rulemaking (NPRM) to amend 14 CFR AMOCs for this AD, if requested using the part 39 to include an AD that would [Docket No. FAA–2009–0397; Directorate procedures found in 14 CFR 39.19. Identifier 2008–NM–023–AD; Amendment apply to the specified products. That (2) To request a different method of 39–16018; AD 2009–19–01] NPRM was published in the Federal compliance or a different compliance time Register on April 30, 2009 (74 FR for this AD, follow the procedures in 14 CFR RIN 2120–AA64 19908). That NPRM proposed to correct 39.19. Before using any approved AMOC on an unsafe condition for the specified Airworthiness Directives; Airbus Model any airplane to which the AMOC applies, products. The MCAI states: notify your principal maintenance inspector A300 B2–1C, B2–203, B2K–3C, B4–103, B4–203, and B4–2C Airplanes An operator has reported the loss of a (PMI) or principal avionics inspector (PAI), centre flap inner tab on an in-service A300 as appropriate, in the FAA Flight Standards AGENCY: Federal Aviation aircraft. The centre flap inner tab detached District Office (FSDO), or lacking a principal Administration (FAA), Department of during approach to an airport. A similar inspector, your local FSDO. The AMOC Transportation (DOT). event was reported several years ago on a approval letter must specifically reference pre-mod 04770 aircraft. Previous failure at ACTION: Final rule. this AD. the aft lug of the centre brackets led to the issuance of Airbus Service Bulletin A300– Material Incorporated by Reference SUMMARY: We are adopting a new airworthiness directive (AD) for the 57–0205. (l) You must use Boeing Alert Service In the most recent case, the aircraft had products listed above. This AD results been modified in accordance with Airbus Bulletin 737–27A1287, dated April 16, 2008, from mandatory continuing to do the actions required by this AD, unless Service Bulletin A300–57–0205 (Airbus airworthiness information (MCAI) the AD specifies otherwise. modification No. 04770). Investigations led originated by an aviation authority of (1) The Director of the Federal Register by the manufacturer revealed that the centre another country to identify and correct hinge bracket developed a fatigue crack approved the incorporation by reference of an unsafe condition on an aviation causing complete failure of the bracket. The this service information under 5 U.S.C. tab rotated causing failure of the inboard link 552(a) and 1 CFR part 51. product. The MCAI describes the unsafe condition as: followed by the failure of the outboard link. (2) For service information identified in To avoid a detachment of a centre flap this AD, contact Boeing Commercial An operator has reported the loss of a inner tab, which could be a potential risk to Airplanes, Attention: Data & Services centre flap inner tab on an in-service A300 persons on [the] ground, this AD requires a Management, P.O. Box 3707, MC 2H–65, aircraft. The centre flap inner tab detached repetitive [high frequency eddy current] Seattle, Washington 98124–2207; telephone during approach to an airport. A similar inspection of the centre flap inner tab hinge 206–544–5000, extension 1, fax 206–766– event was reported several years ago on a bracket and replacement of the bracket when pre-mod 04770 aircraft. * * * 5680; e-mail [email protected]; cracks are detected * * * [and] reporting of * * * Investigations led by the Internet https://www.myboeingfleet.com. inspection results to the TC holder [and manufacturer revealed that the centre hinge provides] an optional terminating action. (3) You may review copies of the service bracket developed a fatigue crack causing *** information at the FAA, Transport Airplane complete failure of the bracket. The tab Directorate, 1601 Lind Avenue, SW., Renton, rotated causing failure of the inboard link * * * * * Washington. For information on the followed by the failure of the outboard link. You may obtain further information by availability of this material at the FAA, call [D]etachment of a centre flap inner tab examining the MCAI in the AD docket. 425–227–1221 or 425–227–1152. * * * could be a potential risk to persons on Comments (4) You may also review copies of the [the] ground * * *. We gave the public the opportunity to service information that is incorporated by * * * * * reference at the National Archives and We are issuing this AD to require participate in developing this AD. We Records Administration (NARA). For actions to correct the unsafe condition considered the comment received. information on the availability of this on these products. Request for Clarification of Reporting material at NARA, call 202–741–6030, or go DATES: This AD becomes effective Requirement to: http://www.archives.gov/federal_register/ October 14, 2009. TradeWinds Airlines points out that code_of_federal_regulations/ The Director of the Federal Register although paragraph (e), ‘‘Reason,’’ of the ibr_locations.html. approved the incorporation by reference NPRM describes reporting inspection Issued in Renton, Washington, on August of certain publications listed in this AD results to the Type Certificate holder, 31, 2009. as of October 14, 2009. the requirements in paragraphs (f)(1), Ali Bahrami, ADDRESSES: You may examine the AD (f)(2), and (f)(3) of the NPRM currently Manager, Transport Airplane Directorate, docket on the Internet at http:// have no information that describes the Aircraft Certification Service. www.regulations.gov or in person at the reporting requirement. [FR Doc. E9–21412 Filed 9–8–09; 8:45 am] U.S. Department of Transportation, We infer that TradeWinds Airlines is Docket Operations, M–30, West asking us to clarify the reporting BILLING CODE 4910–13–P Building Ground Floor, Room W12–140, requirement, and we agree that 1200 New Jersey Avenue, SE., clarification is necessary. Paragraph (e) Washington, DC. of the NPRM quotes European Aviation FOR FURTHER INFORMATION CONTACT: Dan Safety Agency (EASA) AD 2007– Rodina, Aerospace Engineer, 0299R2, dated October 28, 2008. The International Branch, ANM–116, EASA AD includes reporting; however, Transport Airplane Directorate, FAA, this AD does not require reporting. We 1601 Lind Avenue, SW., Renton, have updated Note 1 of this final rule Washington 98057–3356; telephone to clarify this difference. We also (425) 227–2125; fax (425) 227–1149. removed paragraph (g)(3) of the

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proposed AD because that paragraph because it addresses an unsafe condition 2009–19–01 Airbus: Amendment 39–16018. provides reporting requirement that is likely to exist or develop on Docket No. FAA–2009–0397; Directorate information and it is unnecessary to products identified in this rulemaking Identifier 2008–NM–023–AD. include that information in this final action. rule. Effective Date Regulatory Findings (a) This airworthiness directive (AD) Conclusion We determined that this AD will not becomes effective October 14, 2009. We reviewed the available data, have federalism implications under Affected ADs including the comment received, and Executive Order 13132. This AD will (b) None. determined that air safety and the not have a substantial direct effect on public interest require adopting the AD the States, on the relationship between Applicability with the change described previously. the national government and the States, (c) This AD applies to Airbus Model A300 We determined that this change will not or on the distribution of power and B2–1C, B2–203, B2K–3C, B4–103, B4–203, increase the economic burden on any responsibilities among the various and B4–2C airplanes, certificated in any operator or increase the scope of the AD. levels of government. category, all serial numbers, except airplanes For the reasons discussed above, I which have been modified in accordance Differences Between This AD and the certify this AD: with Airbus Mandatory Service Bulletin MCAI or Service Information 1. Is not a ‘‘significant regulatory A300–57–0252 (Airbus Modification 13400). We have reviewed the MCAI and action’’ under Executive Order 12866; Subject related service information and, in 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (d) Air Transport Association (ATA) of general, agree with their substance. But America Code 57: Wings. we might have found it necessary to use (44 FR 11034, February 26, 1979); and different words from those in the MCAI 3. Will not have a significant Reason to ensure the AD is clear for U.S. economic impact, positive or negative, (e) The mandatory continuing operators and is enforceable. In making on a substantial number of small entities airworthiness information (MCAI) states: these changes, we do not intend to differ under the criteria of the Regulatory An operator has reported the loss of a substantively from the information Flexibility Act. centre flap inner tab on an in-service A300 We prepared a regulatory evaluation provided in the MCAI and related aircraft. The centre flap inner tab detached of the estimated costs to comply with service information. during approach to an airport. A similar We might also have required different this AD and placed it in the AD docket. event was reported several years ago on a actions in this AD from those in the pre-mod 04770 aircraft. Previous failure at Examining the AD Docket the aft lug of the centre brackets led to the MCAI in order to follow our FAA You may examine the AD docket on issuance of Airbus Service Bulletin A300– policies. Any such differences are the Internet at http:// 57–0205. highlighted in a note within the AD. www.regulations.gov; or in person at the In the most recent case, the aircraft had Costs of Compliance Docket Operations office between 9 a.m. been modified in accordance with Airbus and 5 p.m., Monday through Friday, Service Bulletin A300–57–0205 (Airbus We estimate that this AD will affect except Federal holidays. The AD docket modification No. 04770). Investigations led 22 products of U.S. registry. We also contains the NPRM, the regulatory by the manufacturer revealed that the centre estimate that it will take about 55 work- hinge bracket developed a fatigue crack evaluation, any comments received, and hours per product to comply with the causing complete failure of the bracket. The other information. The street address for basic requirements of this AD. The tab rotated causing failure of the inboard link the Docket Operations office (telephone average labor rate is $80 per work-hour. followed by the failure of the outboard link. (800) 647–5527) is in the ADDRESSES Based on these figures, we estimate the To avoid a detachment of a centre flap section. Comments will be available in cost of this AD to the U.S. operators to inner tab, which could be a potential risk to the AD docket shortly after receipt. persons on [the] ground, this AD requires a be $96,800, or $4,400 per product. repetitive [high frequency eddy current] List of Subjects in 14 CFR Part 39 Authority for This Rulemaking inspection of the centre flap inner tab hinge Air transportation, Aircraft, Aviation bracket and replacement of the bracket when Title 49 of the United States Code safety, Incorporation by reference, cracks are detected * * * [and] reporting of specifies the FAA’s authority to issue Safety. inspection results to the TC holder [and rules on aviation safety. Subtitle I, provides] an optional terminating action. section 106, describes the authority of Adoption of the Amendment *** the FAA Administrator. ‘‘Subtitle VII: ■ Accordingly, under the authority * * * * * Aviation Programs,’’ describes in more delegated to me by the Administrator, detail the scope of the Agency’s Actions and Compliance the FAA amends 14 CFR part 39 as authority. (f) Unless already done, do the following follows: We are issuing this rulemaking under actions. the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS (1) At the times specified in Table 1 or Part A, Subpart III, Section 44701: DIRECTIVES Table 2 of this AD, as applicable, perform a General requirements.’’ Under that high frequency eddy current inspection to section, Congress charges the FAA with ■ 1. The authority citation for part 39 detect fatigue cracks of the center hinge promoting safe flight of civil aircraft in continues to read as follows: bracket of the center flap inner tab (on both wings), in accordance with Airbus air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. Mandatory Service Bulletin A300–57–0250, for practices, methods, and procedures § 39.13 [Amended] Revision 01, dated September 29, 2008. If no the Administrator finds necessary for cracking is found, repeat the inspection safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding thereafter at intervals not to exceed 850 flight is within the scope of that authority the following new AD: cycles.

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TABLE 1—AIRPLANES ON WHICH AIRBUS SERVICE BULLETIN A300–57–0205 HAS NOT BEEN DONE

Flight cycles accumulated since first flight as of the effective date of this AD Compliance time

Less than 6,000 flight cycles ...... Prior to accumulating 6,000 flight cycles since first flight or within 90 days after the effective date of this AD, whichever occurs later. 6,000 flight cycles or more, but less than 12,000 flight cycles ...... Within 850 flight cycles after the effective date of this AD. 12,000 flight cycles or more ...... Within 500 flight cycles after the effective date of this AD.

TABLE 2—AIRPLANES ON WHICH AIRBUS SERVICE BULLETIN A300–57–0205 HAS BEEN DONE

Flight cycles accumulated since Airbus Service Bulletin A300–57–0205 modification as of the effective date of this AD Compliance time

Less than 6,000 flight cycles ...... Prior to accumulating 6,000 flight cycles since Airbus Service Bulletin A300–57–0205 modification or within 90 days after the effective date of this AD, whichever occurs later. 6,000 flight cycles or more, but less than 12,000 flight cycles ...... Within 850 flight cycles after the effective date of this AD. 12,000 flight cycles or more ...... Within 500 flight cycles after the effective date of this AD.

(2) If any crack is detected during any principal avionics inspector (PAI), as reference at the National Archives and inspection required by this AD, before further appropriate, or lacking a principal inspector, Records Administration (NARA). For flight, replace the center hinge bracket in the your local Flight Standards District Office. information on the availability of this accordance with Airbus Mandatory Service (2) Airworthy Product: For any requirement material at NARA, call 202–741–6030, or go Bulletin A300–57–0250, Revision 01, dated in this AD to obtain corrective actions from to: http://www.archives.gov/federal_register/ September 29, 2008. Within 6,000 flight a manufacturer or other source, use these code_of_federal_regulations/ cycles after replacing the center hinge actions if they are FAA-approved. Corrective ibr_locations.html. bracket, do the inspection required by actions are considered FAA-approved if they Issued in Renton, Washington, on August paragraph (f)(1) of this AD, and if no cracking are approved by the State of Design Authority 31, 2009. is found, repeat the inspection thereafter at (or their delegated agent). You are required intervals not to exceed 850 flight cycles. to assure the product is airworthy before it Ali Bahrami, (3) Modifying the inboard tab of the center is returned to service. Manager, Transport Airplane Directorate, flaps in accordance with Airbus Mandatory Aircraft Certification Service. Related Information Service Bulletin A300–57–0252, dated [FR Doc. E9–21411 Filed 9–8–09; 8:45 am] August 27, 2008, terminates the requirements (h) Refer to MCAI Airworthiness Directive BILLING CODE 4910–13–P of this AD. 2007–0299R2, dated October 28, 2008; (4) Actions accomplished before the Airbus Mandatory Service Bulletin A300–57– effective date of this AD in accordance with 0250, Revision 01, dated September 29, 2008; Airbus Mandatory Service Bulletin A300–57– and Airbus Mandatory Service Bulletin DEPARTMENT OF TRANSPORTATION 0250, dated November 2, 2007, are A300–57–0252, dated August 27, 2008; for considered acceptable for compliance with related information. Federal Aviation Administration the corresponding actions specified in this AD. Material Incorporated by Reference 14 CFR Part 39 (i) You must use Airbus Mandatory Service FAA AD Differences [Docket No. FAA–2009–0771; Directorate Bulletin A300–57–0250, Revision 01, Identifier 2009–NE–14–AD; Amendment 39– Note 1: This AD differs from the MCAI excluding Appendix 1, dated September 29, 16009; AD 2009–18–13] and/or service information as follows: 2008, to do the actions required by this AD, Although the European Aviation Safety unless the AD specifies otherwise. If you do RIN 2120–AA64 Agency AD 2007–0299R2, dated October 28, the optional terminating modification 2008 and Airbus Mandatory Service Bulletin specified by this AD, you must use Airbus Airworthiness Directives; Rolls-Royce A300–57–0250, dated November 2, 2007, Service Bulletin A300–57–0252, dated plc. (RR) RB211 Trent 900 Series specify to submit certain information to the August 27, 2008, to perform that action, Turbofan Engines manufacturer, this AD does not include that unless the AD specifies otherwise. requirement. (1) The Director of the Federal Register AGENCY: Federal Aviation approved the incorporation by reference of Administration (FAA), DOT. Other FAA AD Provisions this service information under 5 U.S.C. ACTION: Final rule; request for (g) The following provisions also apply to 552(a) and 1 CFR part 51. this AD: (2) For service information identified in comments. this AD, contact Airbus SAS—EAW (1) Alternative Methods of Compliance SUMMARY: We are adopting a new (AMOCs): The Manager, International (Airworthiness Office), 1 Rond Point Maurice Branch, ANM–116, Transport Airplane Bellonte, 31707 Blagnac Cedex, France; airworthiness directive (AD) for the Directorate, FAA, has the authority to telephone +33 5 61 93 36 96; fax +33 5 61 products listed above. This AD results approve AMOCs for this AD, if requested 93 44 51; e-mail account.airworth- from mandatory continuing using the procedures found in 14 CFR 39.19. [email protected]; Internet http:// airworthiness information (MCAI) Send information to ATTN: Dan Rodina, www.airbus.com. issued by an aviation authority of Aerospace Engineer, International Branch, (3) You may review copies of the service another country to identify and correct ANM–116, Transport Airplane Directorate, information at the FAA, Transport Airplane an unsafe condition on an aviation FAA, 1601 Lind Avenue, SW., Renton, Directorate, 1601 Lind Avenue, SW., Renton, product. The MCAI describes the unsafe Washington 98057–3356; telephone (425) Washington. For information on the 227–2125; fax (425) 227–1149. Before using availability of this material at the FAA, call condition as: any approved AMOC on any airplane to 425–227–1221 or 425–227–1152. Evidence from development testing and which the AMOC applies, notify your (4) You may also review copies of the flight test Trent 900 engines has identified principal maintenance inspector (PMI) or service information that is incorporated by cracking on some HP Turbine Nozzle Guide

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Vane (NGV) Convex Surfaces. Analysis of test Discussion invite you to send any written relevant data and review of the manufacturing process The European Aviation Safety Agency data, views, or arguments about this AD. has revealed compounding effects that may Send your comments to an address contribute to a shortfall in component life (EASA), which is the Technical Agent for the Member States of the European listed under the ADDRESSES section. and an increased likelihood of premature Include ‘‘Docket No. FAA–2009–0771; cracking in this region. Excessive cracking on Community, has issued EASA the Convex Surface may lead to the release Airworthiness Directive 2009–0051, Directorate Identifier 2009–NE–14–AD’’ at the beginning of your comments. We of NGV material or the blockage of Turbine dated March 5, 2009 (referred to after specifically invite comments on the gas flow. This results in a risk of fracture to this as ‘‘the MCAI’’), to correct an unsafe overall regulatory, economic, the HP Turbine Blade. condition for the specified products. environmental, and energy aspects of The MCAI states: We are issuing this AD to prevent the this AD. We will consider all comments release of a high-pressure (HP) turbine Evidence from development testing and received by the closing date and may blade, which could result in an engine flight test Trent 900 engines has identified amend this AD because of those power loss or in-flight shut down of one cracking on some HP Turbine Nozzle Guide comments. or more engines, resulting in an Vane (NGV) Convex Surfaces. Analysis of test We will post all comments we inability to continue safe flight. data and review of the manufacturing process has revealed compounding effects that may receive, without change, to http:// DATES: This AD becomes effective contribute to a shortfall in component life www.regulations.gov, including any October 14, 2009. and an increased likelihood of premature personal information you provide. We We must receive comments on this cracking in this region. Excessive cracking on will also post a report summarizing each AD by October 9, 2009. the Convex Surface may lead to the release substantive verbal contact with FAA of NGV material or the blockage of Turbine personnel concerning this AD. Using the The Director of the Federal Register gas flow. This results in a risk of fracture to search function of the Web site, anyone approved the incorporation by reference the HP Turbine Blade. can find and read the comments in any of RR Alert Service Bulletin (ASB) Not all NGV assemblies are affected. It is of our dockets, including, if provided, RB.211–72–AF995, Revision 2, dated believed that the problem, if it exists, will the name of the individual who sent the manifest itself below 1000 cycles. February 9, 2009, listed in the AD as of comment (or signed the comment on September 24, 2009. You may obtain further information behalf of an association, business, labor ADDRESSES: You may send comments by by examining the MCAI in the AD union, etc.). You may review the DOT’s any of the following methods: docket. complete Privacy Act Statement in the • Federal eRulemaking Portal: Go to Relevant Service Information Federal Register published on April 11, http://www.regulations.gov and follow 2000 (65 FR 19477–78). Rolls-Royce plc. has issued Alert the instructions for sending your Authority for This Rulemaking comments electronically. Service Bulletin RB.211–72–AF995, Revision 2, dated February 9, 2009. The Title 49 of the United States Code • Mail: U.S. Department of actions described in this service specifies the FAA’s authority to issue Transportation, 1200 New Jersey information are intended to correct the rules on aviation safety. Subtitle I, Avenue, SE., West Building Ground unsafe condition identified in the section 106, describes the authority of Floor, Room W12–140, Washington, DC MCAI. the FAA Administrator. ‘‘Subtitle VII: 20590–0001. Aviation Programs,’’ describes in more • Hand Delivery: Deliver to Mail FAA’s Determination and Requirements of This AD detail the scope of the Agency’s address above between 9 a.m. and 5 authority. p.m., Monday through Friday, except This product has been approved by We are issuing this rulemaking under Federal holidays. the aviation authority of the United the authority described in ‘‘Subtitle VII, • Fax: (202) 493–2251. Kingdom, and is approved for operation Part A, Subpart III, Section 44701: in the United States. Pursuant to our Examining the AD Docket General requirements.’’ Under that bilateral agreement with the United section, Congress charges the FAA with You may examine the AD docket on Kingdom, they have notified us of the promoting safe flight of civil aircraft in the Internet at http:// unsafe condition described in the MCAI air commerce by prescribing regulations www.regulations.gov; or in person at the and service information referenced for practices, methods, and procedures Docket Operations office between 9 a.m. above. We are issuing this AD because the Administrator finds necessary for and 5 p.m., Monday through Friday, we evaluated all information provided safety in air commerce. This regulation except Federal holidays. The AD docket by EASA and determined the unsafe is within the scope of that authority contains this AD, the regulatory condition exists and is likely to exist or because it addresses an unsafe condition evaluation, any comments received, and develop on other products of the same that is likely to exist or develop on other information. The street address for type design. products identified in this rulemaking the Docket Operations office (telephone FAA’s Determination of the Effective action. (800) 647–5527) is the same as the Mail Date Regulatory Findings address provided in the ADDRESSES section. Comments will be available in Since no domestic operators use this We determined that this AD will not the AD docket shortly after receipt. product, notice and opportunity for have federalism implications under public comment before issuing this AD Executive Order 13132. This AD will FOR FURTHER INFORMATION CONTACT: Ian are unnecessary. Therefore, we are not have a substantial direct effect on Dargin, Aerospace Engineer, Engine adopting this regulation immediately. the States, on the relationship between Certification Office, FAA, Engine and the national government and the States, Comments Invited Propeller Directorate, 12 New England or on the distribution of power and Executive Park; Burlington, MA 01803; This AD is a final rule that involves responsibilities among the various e-mail: [email protected]; telephone requirements affecting flight safety, and levels of government. (781) 238–7178; fax (781) 238–7199. we did not precede it by notice and For the reasons discussed above, I SUPPLEMENTARY INFORMATION: opportunity for public comment. We certify this AD:

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1. Is not a ‘‘significant regulatory engines, resulting in an inability to continue Issued in Burlington, Massachusetts, on action’’ under Executive Order 12866; safe flight. August 20, 2009. 2. Is not a ‘‘significant rule’’ under the Actions and Compliance Peter A. White, DOT Regulatory Policies and Procedures Assistant Manager, Engine and Propeller (44 FR 11034, February 26, 1979); and First Inspection Directorate, Aircraft Certification Service. 3. Will not have a significant (e) Before accumulating 400 total cycles, [FR Doc. E9–20830 Filed 9–8–09; 8:45 am] inspect the HPT NGV Convex Surfaces, in economic impact, positive or negative, BILLING CODE 4910–13–P on a substantial number of small entities accordance with the accomplishment under the criteria of the Regulatory instructions in section 3.A of Rolls-Royce RB211–Trent 900 Alert Non Modification Flexibility Act. Service Bulletin (NMSB) RB.211–72–AF995 DEPARTMENT OF TRANSPORTATION We prepared a regulatory evaluation Revision 2, dated February 9, 2009. of the estimated costs to comply with Federal Aviation Administration this AD and placed it in the AD docket. Reinspection (f) If no damage is identified at first 14 CFR Part 39 List of Subjects in 14 CFR Part 39 inspection: Air transportation, Aircraft, Aviation (1) Repeat the inspection at intervals less [Docket No. FAA–2009–0476; Directorate safety, Incorporation by reference, than 250 Cycles apart. Identifier 2008–NM–188–AD; Amendment 39–16006; AD 2009–18–10] Safety. (2) If repeat inspections reveal no damage at 1000 cycles revert to normal inspection RIN 2120–AA64 Adoption of the Amendment maintenance as detailed in the Rolls-Royce RB211–Trent 900 Maintenance Planning ■ Airworthiness Directives; Boeing Accordingly, under the authority Document (MPD), and sign off this AD as delegated to me by the Administrator, complied with; no further inspections are Model 707 Airplanes, and Model 720 the FAA amends 14 CFR part 39 as required by this AD. and 720B Series Airplanes follows: (g) If any damage is identified, refer to the AGENCY: Federal Aviation Table 1 and Table 2 in section 3.B. of Rolls- PART 39—AIRWORTHINESS Royce RB211–Trent 900 Alert NMSB Administration (FAA), Department of DIRECTIVES RB.211–72–AF995 Revision 2, dated Transportation (DOT). February 9, 2009, for reinspection intervals ACTION: Final rule. ■ 1. The authority citation for part 39 and rejection criteria. continues to read as follows: SUMMARY: The FAA is superseding an FAA AD Differences Authority: 49 U.S.C. 106(g), 40113, 44701. existing airworthiness directive (AD), (h) None. which applies to certain Boeing Model § 39.13 [Amended] Other FAA AD Provisions 707 airplanes, and Model 720 and 720B ■ 2. The FAA amends § 39.13 by adding (i) Alternative Methods of Compliance series airplanes. The existing AD the following new AD: (AMOCs): The Manager, Engine Certification currently requires repetitive detailed 2009–18–13 Rolls-Royce plc: Amendment Office, FAA, has the authority to approve inspections to detect cracks and 39–16009.; Docket No. FAA–2009–0771; AMOCs for this AD, if requested using the corrosion on any existing repairs and at Directorate Identifier 2009–NE–14–AD. procedures found in 14 CFR 39.19. certain body stations (STA) of the Related Information visible surfaces of the wing to body Effective Date terminal fittings including the web, (j) Refer to MCAI EASA Airworthiness (a) This airworthiness directive (AD) flanges, and ribs; and applicable related becomes effective October 14, 2009. Directive 2009–0051, dated March 5, 2009. (k) Contact Ian Dargin, Aerospace Engineer, investigative and corrective actions. Affected ADs Engine Certification Office, FAA, Engine and This new AD retains the requirements of (b) None. Propeller Directorate, 12 New England the existing AD and requires repetitive Executive Park; Burlington, MA 01803; ultrasonic inspections to detect any Applicability e-mail: [email protected]; telephone (781) stress corrosion cracks within the (c) This AD applies to Rolls-Royce plc (RR) 238–7178; fax (781) 238–7199, for more outboard flange of the left and right model RB211 Trent 970–84, 970B–84, 972– information about this AD. body terminal fittings at STA 820, and 84, 972B–84, 977–84, 977B–84, and 980–84 Material Incorporated by Reference related investigative and corrective turbofan engines that do not incorporate RR modification Service Bulletin (SB) RB.211– (l) You must use RR Alert Non Mandatory actions if necessary. This AD also 72–G025. These engines are installed on, but Service Bulletin RB.211–72–AF995 Revision provides an optional terminating action not limited to, Airbus A380 airplanes. 2, dated February 9, 2009, to do the actions for the repetitive inspections. This AD required by this AD, unless the AD specifies also adds two airplanes to the Reason otherwise. applicability. This AD results from (d) Evidence from development testing and (1) The Director of the Federal Register reports of cracks found in the wing to flight test Trent 900 engines has identified approved the incorporation by reference of body terminal fittings during routine cracking on some HP Turbine Nozzle Guide this service information under 5 U.S.C. inspections. We are issuing this AD to Vane (NGV) Convex Surfaces. Analysis of test 552(a) and 1 CFR part 51. data and review of the manufacturing process (2) For service information identified in detect and correct cracks and corrosion has revealed compounding effects that may this AD, contact Rolls-Royce plc, P.O. Box in the body terminal fittings above and contribute to a shortfall in component life 31, DERBY, DE24 8BJ, UK; telephone 44 (0) below the floor, which could cause loss and an increased likelihood of premature 1332 242424; fax 44 (0) 1332 249936. of support for the wing and could cracking in this region. Excessive cracking on (3) You may review copies at the FAA, adversely affect the structural integrity the Convex Surface may lead to the release New England Region, 12 New England of the airplane. of NGV material or the blockage of Turbine Executive Park, Burlington, MA; or at the DATES: This AD becomes effective gas flow. This results in a risk of fracture to National Archives and Records the HP Turbine Blade. Administration (NARA). For information on October 14, 2009. We are issuing this AD to prevent the the availability of this material at NARA, call The Director of the Federal Register release of a high-pressure (HP) turbine blade, (202) 741–6030, or go to: http:// approved the incorporation by reference which could result in an engine power loss www.archives.gov/federal-register/cfr/ibr- of a certain publication listed in the AD or in-flight shut down of one or more locations.html. as of October 14, 2009.

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ADDRESSES: For service information Airframe Branch, ANM–120S, FAA, optional terminating action for the identified in this AD, contact Boeing Seattle Aircraft Certification Office, repetitive inspections. That NPRM also Commercial Airplanes, Attention: Data 1601 Lind Avenue, SW., Renton, proposed to add two airplanes to the & Services Management, P.O. Box 3707, Washington 98057–3356; telephone applicability. MC 2H–65, Seattle, Washington 98124– (425) 917–6577; fax (425) 917–6590. 2207; telephone 206–544–5000, SUPPLEMENTARY INFORMATION: Comments extension 1; fax 206–766–5680; e-mail We provided the public the [email protected]; Internet Discussion opportunity to participate in the https://www.myboeingfleet.com. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR development of this AD. We have Examining the AD Docket part 39 to include an AD that considered the comment that has been You may examine the AD docket on supersedes AD 2008–17–10, amendment received on the NPRM. The commenter the Internet at http:// 39–15648 (73 FR 50703, August 28, concurs with the content of the NPRM. www.regulations.gov; or in person at the 2008). The existing AD applies to Conclusion Docket Management Facility between 9 certain Boeing Model 707 airplanes, and a.m. and 5 p.m., Monday through Model 720 and 720B series airplanes. We have carefully reviewed the Friday, except Federal holidays. The AD That NPRM was published in the available data, including the comment docket contains this AD, the regulatory Federal Register on May 26, 2009 (74 that has been received, and determined evaluation, any comments received, and FR 24715). That NPRM proposed to that air safety and the public interest other information. The address for the continue to require detailed inspections require adopting the AD as proposed. Docket Office (telephone 800–647–5527) and applicable related investigative and is the Document Management Facility, corrective actions. That NPRM also Costs of Compliance U.S. Department of Transportation, proposed to require repetitive ultrasonic Docket Operations, M–30, West inspections to detect any stress There are about 128 airplanes of the Building Ground Floor, Room W12–140, corrosion cracks within the outboard affected design in the worldwide fleet. 1200 New Jersey Avenue, SE., flange of the left and right body terminal The following table provides the Washington, DC 20590. fittings at station (STA) 820, and related estimated costs for U.S. operators to FOR FURTHER INFORMATION CONTACT: investigative and corrective actions if comply with this AD. Berhane Alazar, Aerospace Engineer, necessary. That NPRM also proposed an

ESTIMATED COSTS

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

Inspections (required by 20 ...... $80 $1,600 per inspection 11 ...... $17,600 per inspection AD 2008–17–10). cycle. cycle. Inspections (new required 20 to 30, depending on 80 $1,600 to $2,400 per in- Up to 13 ...... Up to $31,200 per in- action). group. spection cycle. spection cycle.

Authority for This Rulemaking Regulatory Findings List of Subjects in 14 CFR Part 39 Title 49 of the United States Code We have determined that this AD will Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue not have federalism implications under safety, Incorporation by reference, rules on aviation safety. Subtitle I, Executive Order 13132. This AD will Safety. section 106, describes the authority of not have a substantial direct effect on the States, on the relationship between Adoption of the Amendment the FAA Administrator. Subtitle VII, the national government and the States, Aviation Programs, describes in more or on the distribution of power and ■ Accordingly, under the authority detail the scope of the Agency’s responsibilities among the various delegated to me by the Administrator, authority. levels of government. the FAA amends 14 CFR part 39 as We are issuing this rulemaking under For the reasons discussed above, I follows: the authority described in subtitle VII, certify that this AD: part A, subpart III, section 44701, (1) Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS ‘‘General requirements.’’ Under that action’’ under Executive Order 12866; DIRECTIVES section, Congress charges the FAA with (2) Is not a ‘‘significant rule’’ under promoting safe flight of civil aircraft in DOT Regulatory Policies and Procedures ■ 1. The authority citation for part 39 air commerce by prescribing regulations (44 FR 11034, February 26, 1979); and continues to read as follows: for practices, methods, and procedures (3) Will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701. the Administrator finds necessary for economic impact, positive or negative, safety in air commerce. This regulation on a substantial number of small entities § 39.13 [Amended] under the criteria of the Regulatory is within the scope of that authority ■ Flexibility Act. 2. The Federal Aviation because it addresses an unsafe condition Administration (FAA) amends § 39.13 that is likely to exist or develop on We prepared a regulatory evaluation of the estimated costs to comply with by removing amendment 39–15648 (73 products identified in this rulemaking FR 50703, August 28, 2008) and by action. this AD and placed it in the AD docket. See the ADDRESSES section for a location adding the following new airworthiness to examine the regulatory evaluation. directive (AD):

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2009–18–10 Boeing: Amendment 39–16006. approved in accordance with the procedures provided by paragraph (m) of this AD. Repeat Docket No. FAA–2009–0476; Directorate specified in paragraph (o) of this AD. the detailed inspections thereafter at Identifier 2008–NM–188–AD. intervals not to exceed 24 months. Do all No Information Submission applicable related investigative and Effective Date (i) Although Boeing 707 Special Attention corrective actions before further flight. (a) This AD becomes effective October 14, Service Bulletin 3524, dated July 18, 2007; 2009. and Boeing 707 Alert Service Bulletin A3524, Exception to Certain Procedures Revision 1, dated September 18, 2008; (m) If any crack or corrosion is found Affected ADs specify to submit information to the during any inspection required by paragraph (b) This AD supersedes AD 2008–17–10, manufacturer, this AD does not include that (j), (k), or (l) of this AD, and Boeing 707 Alert amendment 39–15648. requirement. Service Bulletin A3524, Revision 1, dated September 18, 2008, specifies to contact Applicability New Requirements of This AD Boeing for appropriate action: Before further (c) This AD applies to Boeing Model 707– Inspections flight, repair the terminal fittings using a 100 long body, –200, –100B long body, and method approved in accordance with the (j) For Group 1 and Group 2 airplanes –100B short body series airplanes; Model procedures specified in paragraph (o) of this identified in Boeing 707 Alert Service 707–300, –300B, –300C, and –400 series AD. Bulletin A3524, Revision 1, dated September airplanes; and Model 720 and 720B series 18, 2008, on which a modification or repair Note 1: Boeing 707 Alert Service Bulletin airplanes; certificated in any category; as was done in accordance with Boeing 707/720 A3524, Revision 1, dated September 18, identified in Boeing 707 Alert Service Service Bulletin 2912, Revision 1, dated 2008, refers to Boeing 707/720 Service Bulletin A3524, Revision 1, dated September March 13, 1970: At the later of the times Bulletin 2912, Revision 1, dated March 13, 18, 2008. specified in paragraphs (j)(1) and (j)(2) of this 1970, as an additional source of guidance for Subject AD, do an ultrasonic inspection to detect any doing certain inspections and repairs. stress corrosion cracks within the outboard (d) Air Transport Association (ATA) of flange of the left and right body terminal Optional Terminating Action America Code 57: Wings. fittings at body station (STA) 820, and all (n) Replacing a body terminal fitting with Unsafe Condition applicable related investigative and a fitting made from 7075–T73 material, using (e) This AD results from new findings of corrective actions, by accomplishing all the a method approved in accordance with the cracks found in the wing to body terminal actions specified in the Accomplishment procedures specified in paragraph (o) of this fittings during routine inspections. We are Instructions of Boeing 707 Alert Service AD, terminates the repetitive inspections issuing this AD to detect and correct cracks Bulletin A3524, Revision 1, dated September required by this AD for that fitting only. and corrosion in the body terminal fittings 18, 2008, except as provided by paragraph (m) of this AD. Repeat the ultrasonic Alternative Methods of Compliance above and below the floor, which could inspection thereafter at intervals not to (AMOCs) cause loss of support for the wing and could exceed 24 months or 2,000 flight cycles, (o)(1) The Manager, Seattle Aircraft adversely affect the structural integrity of the whichever occurs first. Do all applicable Certification Office (ACO), FAA, has the airplane. related investigative and corrective actions authority to approve AMOCs for this AD, if Compliance before further flight. requested using the procedures found in 14 (f) You are responsible for having the (1) Within 24 months or 2,000 flight cycles CFR 39.19. Send information to ATTN: actions required by this AD performed within after the effective date of this AD, whichever Berhane Alazar, Aerospace Engineer, the compliance times specified, unless the occurs first. Airframe Branch, ANM–120S, FAA, Seattle actions have already been done. (2) Within 24 months or 2,000 flight cycles Aircraft Certification Office, 1601 Lind after doing the repair or modification, Avenue, SW., Renton, Washington 98057– Restatement of Requirements of AD 2008– whichever occurs first. 3356; telephone (425) 917–6577; fax (425) 17–10 With Updated Service Information (k) For Group 3 and Group 4 airplanes 917–6590; or, e-mail information to 9–ANM– identified in Boeing 707 Alert Service Seattle–ACO–AMOC–[email protected]. Inspections and Corrective Actions Bulletin A3524, Revision 1, dated September (2) To request a different method of (g) For airplanes identified in Boeing 707 18, 2008: Within 2,000 flight cycles or 24 compliance or a different compliance time Special Attention Service Bulletin 3524, months after the effective date of this AD, for this AD, follow the procedures in 14 CFR dated July 18, 2007: Within 24 months after whichever occurs first, do an ultrasonic 39.19. Before using any approved AMOC on October 2, 2008 (the effective date of AD inspection to detect any stress corrosion any airplane to which the AMOC applies, 2008–17–10), do detailed inspections and cracks within the outboard flange of the left notify your principal maintenance inspector applicable related investigative and and right body terminal fittings at STA 820, (PMI) or principal avionics inspector (PAI), corrective actions, by accomplishing all the and all applicable corrective actions, by as appropriate, or lacking a principal actions specified in the Accomplishment accomplishing all the actions specified in the inspector, your local Flight Standards District Instructions of Boeing 707 Special Attention Accomplishment Instructions of Boeing 707 Office. The AMOC approval letter must Service Bulletin 3524, dated July 18, 2007; or Alert Service Bulletin A3524, Revision 1, specifically reference this AD. Boeing 707 Alert Service Bulletin A3524, dated September 18, 2008, except as (3) An AMOC that provides an acceptable Revision 1, dated September 18, 2008; except provided by paragraph (m) of this AD. Repeat level of safety may be used for any repair as provided by paragraph (h) of this AD. the ultrasonic inspection thereafter at required by this AD, if it is approved by an After the effective date of this AD, use only intervals not to exceed 24 months or 2,000 Authorized Representative for the Boeing Boeing 707 Alert Service Bulletin A3524, flight cycles, whichever occurs first. Do all Commercial Airplanes Delegation Option Revision 1, dated September 18, 2008. Repeat applicable corrective actions before further Authorization Organization who has been the detailed inspections thereafter at flight. authorized by the Manager, Seattle ACO, to intervals not to exceed 24 months. Do all (l) For Group 4 airplanes identified in make those findings. For a repair method to applicable related investigative and Boeing 707 Alert Service Bulletin A3524, be approved, the repair must meet the corrective actions before further flight. Revision 1, dated September 18, 2008: certification basis of the airplane, and the (h) If any crack or corrosion is found Within 24 months after the effective date of approval must specifically refer to this AD. during any inspection required by paragraph this AD, do detailed inspections for corrosion (g) of this AD, and Boeing 707 Special and cracking of the body terminal fittings at Material Incorporated by Reference Attention Service Bulletin 3524, dated July STA 820, and all applicable related (p) You must use Boeing 707 Alert Service 18, 2007, or Boeing 707 Alert Service investigative and corrective actions, by Bulletin A3524, Revision 1, dated September Bulletin A3524, Revision 1, dated September accomplishing all the actions specified in the 18, 2008, to do the actions required by this 18, 2008, specifies to contact Boeing for Accomplishment Instructions of Boeing 707 AD, unless the AD specifies otherwise. appropriate action: Before further flight, Alert Service Bulletin A3524, Revision 1, (1) The Director of the Federal Register repair the terminal fittings using a method dated September 18, 2008, except as approved the incorporation by reference of

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this service information under 5 U.S.C. clearance between lever Part Number (P/N) LOCKED’’ indication on the Door Indication 552(a) and 1 CFR part 51. A26997–003 and the Up-Limit Switch. If the Panel. The original Fokker Service Bulletin (2) For service information identified in Up-Limit Switch has an incorrect clearance, SBF100–52–044 and the associated Aircraft this AD, contact Boeing Commercial the combination with cabin differential Maintenance Manual (AMM) task mentioned Airplanes, Attention: Data & Services pressure build-up after lift-off might result in a clearance of 1,3 mm ± 0,3 mm. Later, based Management, P.O. Box 3707, MC 2H–65, a false steady illuminating red ‘‘DOOR NOT on a trial, an improved clearance of 0,3 mm Seattle, Washington 98124–2207; telephone LOCKED’’ indication on the Door Indication ± 0,2 mm was introduced. Both documents 206–544–5000, extension 1; fax 206–766– Panel. * * * have been revised for that reason. Later 5680; e-mail [email protected]; production serial number aircraft with Internet https://www.myboeingfleet.com. * * * * * downward opening passenger doors had the (3) You may review copies of the service The unsafe condition is inadvertent correct clearance introduced before delivery, information at the FAA, Transport Airplane opening of the door lock handle in but no action was taken to inspect and adjust Directorate, 1601 Lind Avenue, SW., Renton, flight, which could result in rapid the clearance on previously delivered or Washington. For information on the decompression of the airplane or modified (per SBF100–52–044) serial availability of this material at the FAA, call ejection of a passenger or crewmember numbers. 425–227–1221 or 425–227–1152. through the door. We are issuing this Since an unsafe condition has been (4) You may also review copies of the identified that is likely to exist or develop on service information that is incorporated by AD to require actions to correct the unsafe condition on these products. other aircraft of the same type design, this reference at the National Archives and [EASA] Airworthiness Directive (AD) Records Administration (NARA). For DATES: This AD becomes effective requires two actions: information on the availability of this October 14, 2009. material at NARA, call 202–741–6030, or go —The installation of a warning placard near _ The Director of the Federal Register the status lights of the door lock indication to: http://www.archives.gov/federal register/ approved the incorporation by reference code_of_federal_regulations/ panel, instructing the cabin crew not to ibr_locations.html. of certain publications listed in this AD operate the door handle during flight and as of October 14, 2009. to inform the flight crew of the ‘‘DOOR Issued in Renton, Washington, on August ADDRESSES: NOT LOCKED’’ indication; and 18, 2009. You may examine the AD docket on the Internet at http:// —A one-time inspection of the clearance Stephen P. Boyd, www.regulations.gov or in person at the between lever P/N A26997–003 and the Up-Limit Switch. If this clearance deviates Acting Manager, Transport Airplane U.S. Department of Transportation, Directorate, Aircraft Certification Service. from the limits given in AMM task 52–71– Docket Operations, M–30, West ± [FR Doc. E9–20838 Filed 9–8–09; 8:45 am] 01–400–814–A, which is 0,3 mm 0,2 mm Building Ground Floor, Room W12–140, (0.0118 inch ± 0.0079 inch), corrective BILLING CODE 4910–13–P 1200 New Jersey Avenue, SE., actions are required. Washington, DC. The unsafe condition is inadvertent FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Tom opening of the door lock handle in Rodriguez, Aerospace Engineer, flight, which could result in rapid Federal Aviation Administration International Branch, ANM–116, decompression of the airplane or Transport Airplane Directorate, FAA, ejection of a passenger or crewmember 14 CFR Part 39 1601 Lind Avenue, SW., Renton, through the door. The corrective action Washington 98057–3356; telephone for improper clearance is adjusting the [Docket No. FAA–2009–0515; Directorate (425) 227–1137; fax (425) 227–1149. Identifier 2008–NM–071–AD; Amendment clearance between the lever and the up- 39–16007; AD 2009–18–11] SUPPLEMENTARY INFORMATION: limit switch. You may obtain further RIN 2120–AA64 Discussion information by examining the MCAI in the AD docket. We issued a notice of proposed Airworthiness Directives; Fokker rulemaking (NPRM) to amend 14 CFR Comments Model F.28 Mark 0070 and 0100 Series part 39 to include an AD that would Airplanes We gave the public the opportunity to apply to the specified products. That participate in developing this AD. We AGENCY: Federal Aviation NPRM was published in the Federal received no comments on the NPRM or Administration (FAA), Department of Register on June 9, 2009 (74 FR 27260). on the determination of the cost to the Transportation (DOT). That NPRM proposed to correct an public. ACTION: Final rule. unsafe condition for the specified products. The MCAI states: Conclusion SUMMARY: We are adopting a new Following a red illuminated ‘‘DOOR NOT We reviewed the available data and airworthiness directive (AD) for the LOCKED’’ status light indication on the door determined that air safety and the products listed above. This AD results lock indication panel after lift off, the cabin public interest require adopting the AD from mandatory continuing crew operated the door lock handle. This as proposed. airworthiness information (MCAI) resulted in inadvertent opening of the originated by an aviation authority of downward opening passenger door in flight. Differences Between This AD and the another country to identify and correct It appeared that the cabin crew was unaware MCAI or Service Information an unsafe condition on an aviation of the content of Fokker 70/100 Service Letter (SL) 272. This SL informs not to operate the We have reviewed the MCAI and product. The MCAI describes the unsafe door lock handle after the aircraft has started related service information and, in condition as: to move or before it has come to a complete general, agree with their substance. But Following a red illuminated ‘‘DOOR NOT standstill. we might have found it necessary to use LOCKED’’ status light indication on the door After inspection, it was found that the false different words from those in the MCAI lock indication panel after lift off, the cabin red light might be the result of an incorrect to ensure the AD is clear for U.S. clearance between lever Part Number (P/N) crew operated the door lock handle. This operators and is enforceable. In making resulted in inadvertent opening of the A26997–003 and the Up-Limit Switch. If the downward opening passenger door in flight. Up-Limit Switch has an incorrect clearance, these changes, we do not intend to differ *** the combination with cabin differential substantively from the information After inspection, it was found that the false pressure build-up after lift-off might result in provided in the MCAI and related red light might be the result of an incorrect a false steady illuminating red ‘‘DOOR NOT service information.

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We might also have required different 3. Will not have a significant ‘‘Following a red illuminated ‘‘DOOR NOT actions in this AD from those in the economic impact, positive or negative, LOCKED’’ status light indication on the door MCAI in order to follow our FAA on a substantial number of small entities lock indication panel after lift off, the cabin policies. Any such differences are under the criteria of the Regulatory crew operated the door lock handle. This resulted in inadvertent opening of the highlighted in a Note within the AD. Flexibility Act. downward opening passenger door in flight. We prepared a regulatory evaluation Costs of Compliance It appeared that the cabin crew was unaware of the estimated costs to comply with of the content of Fokker 70/100 Service Letter We estimate that this AD will affect this AD and placed it in the AD docket. (SL) 272. This SL informs not to operate the door lock handle after the aircraft has started 10 products of U.S. registry. We also Examining the AD Docket estimate that it will take about 4 work- to move or before it has come to a complete hours per product to comply with the You may examine the AD docket on standstill. basic requirements of this AD. The the Internet at http:// ‘‘After inspection, it was found that the false red light might be the result of an average labor rate is $80 per work-hour. www.regulations.gov; or in person at the Docket Operations office between 9 a.m. incorrect clearance between lever Part Required parts will cost about $20 per Number (P/N) A26997–003 and the Up-Limit product. Where the service information and 5 p.m., Monday through Friday, Switch. If the Up-Limit Switch has an lists required parts costs that are except Federal holidays. The AD docket incorrect clearance, the combination with covered under warranty, we have contains the NPRM, the regulatory cabin differential pressure build-up after lift- assumed that there will be no charge for evaluation, any comments received, and off might result in a false steady illuminating these parts. As we do not control other information. The street address for red ‘‘DOOR NOT LOCKED’’ indication on the warranty coverage for affected parties, the Docket Operations office (telephone Door Indication Panel. The original Fokker Service Bulletin SBF100–52–044 and the some parties may incur costs higher (800) 647–5527) is in the ADDRESSES section. Comments will be available in associated Aircraft Maintenance Manual than estimated here. Based on these (AMM) task mentioned a clearance of 1,3 mm figures, we estimate the cost of this AD the AD docket shortly after receipt. ± 0,3 mm. Later, based on a trial, an to the U.S. operators to be $3,400, or List of Subjects in 14 CFR Part 39 improved clearance of 0,3 mm ± 0,2 mm was $340 per product. introduced. Both documents have been Air transportation, Aircraft, Aviation revised for that reason. Later production Authority for This Rulemaking safety, Incorporation by reference, serial number aircraft with downward Title 49 of the United States Code Safety. opening passenger doors had the correct specifies the FAA’s authority to issue clearance introduced before delivery, but no Adoption of the Amendment action was taken to inspect and adjust the rules on aviation safety. Subtitle I, ■ clearance on previously delivered or section 106, describes the authority of Accordingly, under the authority delegated to me by the Administrator, modified (per SBF100–52–044) serial the FAA Administrator. ‘‘Subtitle VII: numbers. Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as ‘‘Since an unsafe condition has been detail the scope of the Agency’s follows: identified that is likely to exist or develop on other aircraft of the same type design, this authority. PART 39—AIRWORTHINESS We are issuing this rulemaking under [EASA] Airworthiness Directive (AD) DIRECTIVES requires two actions: the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 —The installation of a warning placard near continues to read as follows: the status lights of the door lock indication General requirements.’’ Under that panel, instructing the cabin crew not to section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. operate the door handle during flight and promoting safe flight of civil aircraft in to inform the flight crew of the ‘‘DOOR air commerce by prescribing regulations § 39.13 [Amended] NOT LOCKED’’ indication; and for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding —A one-time inspection of the clearance the Administrator finds necessary for the following new AD: between lever P/N A26997–003 and the Up-Limit Switch. If this clearance deviates safety in air commerce. This regulation 2009–18–11 Fokker Services B.V.: is within the scope of that authority from the limits given in AMM task 52–71– Amendment 39–16007. Docket No. 01–400–814–A, which is 0,3 mm ± 0,2 mm because it addresses an unsafe condition FAA–2009–0515; Directorate Identifier (0.0118 inch ± 0.0079 inch), corrective that is likely to exist or develop on 2008–NM–071–AD. actions are required.’’ products identified in this rulemaking Effective Date The unsafe condition is inadvertent action. (a) This airworthiness directive (AD) opening of the door lock handle in flight, Regulatory Findings becomes effective October 14, 2009. which could result in rapid decompression of the airplane or ejection of a passenger or We determined that this AD will not Affected ADs crewmember through the door. The have federalism implications under (b) None. corrective action for improper clearance is Executive Order 13132. This AD will adjusting the clearance between the lever and Applicability not have a substantial direct effect on the up-limit switch. the States, on the relationship between (c) This AD applies to Fokker Model F.28 Actions and Compliance the national government and the States, Mark 0070 and 0100 series airplanes, certificated in any category, equipped with a (f) Unless already done, do the following or on the distribution of power and downward-opening ‘‘airstair’’ type passenger actions: responsibilities among the various door. (1) Within 500 flight cycles or 4 months levels of government. after the effective date of this AD, whichever For the reasons discussed above, I Subject occurs first, install a new warning placard certify this AD: (d) Air Transport Association (ATA) of near the status lights of the panel of the door 1. Is not a ‘‘significant regulatory America Codes 11 and 52: Placards and lock indication, in accordance with the Markings, and Doors, respectively. Accomplishment Instructions of Fokker action’’ under Executive Order 12866; Service Bulletin SBF100–11–025, Revision 1, 2. Is not a ‘‘significant rule’’ under the Reason dated December 13, 2007. DOT Regulatory Policies and Procedures (e) The mandatory continuing (2) Within 4,000 flight cycles after the (44 FR 11034, February 26, 1979); and airworthiness information (MCAI) states: effective date of this AD, do a one-time

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inspection of the clearance between lever P/ (3) Reporting Requirements: For any DEPARTMENT OF TRANSPORTATION N A26997–003 and the up-limit switch, in reporting requirement in this AD, under the accordance with the Accomplishment provisions of the Paperwork Reduction Act, Federal Aviation Administration Instructions of Fokker Service Bulletin the Office of Management and Budget (OMB) SBF100–52–086, dated November 1, 2007. has approved the information collection 14 CFR Part 39 (3) If any clearance is found outside the requirements and has assigned OMB Control range defined in Fokker Service Bulletin [Docket No. FAA–2009–0786; Directorate Number 2120–0056. SBF100–52–086, dated November 1, 2007, Identifier 2009–NM–145–AD; Amendment during the inspection required by paragraph Related Information 39–16014; AD 2009–18–18] (f)(2) of this AD, before further flight, correct the clearance in accordance with the (h) Refer to MCAI EASA Airworthiness RIN 2120–AA64 Accomplishment Instructions of Fokker Directive 2008–0020, dated January 28, 2008; Service Bulletin SBF100–52–086, dated Fokker Service Bulletin SBF100–11–025, Airworthiness Directives; ATR Model November 1, 2007. Revision 1, dated December 13, 2007; and ATR42 and ATR72 Airplanes (4) If done before the effective date of this Fokker Service Bulletin SBF100–52–086, AGENCY: Federal Aviation AD, installing the warning placard near the dated November 1, 2007; for related Administration (FAA), Department of status lights of the panel of the door lock information. indication, in accordance with Fokker Transportation (DOT). Service Bulletin SBF100–11–025, dated Material Incorporated by Reference ACTION: Final rule; request for November 1, 2007, is acceptable for (i) You must use Fokker Service Bulletin comments. compliance with the requirements of SBF100–11–025, Revision 1, dated December paragraph (f)(1) of this AD. 13, 2007; and Fokker Service Bulletin SUMMARY: We are adopting a new (5) Modifying the airplane in accordance airworthiness directive (AD) for the with Fokker Service Bulletin SBF100–52– SBF100–52–086, dated November 1, 2007; as 044, Revision 1, dated November 1, 2007, applicable; to do the actions required by this products listed above. This AD results terminates the requirements of paragraph AD, unless the AD specifies otherwise. If you from mandatory continuing (f)(2) of this AD. accomplish the optional modification airworthiness information (MCAI) originated by an aviation authority of FAA AD Differences specified in paragraph (f)(5) of this AD, you must use Fokker Service Bulletin SBF100– another country to identify and correct Note 1: This AD differs from the MCAI 52–044, Revision 1, dated November 1, 2007, an unsafe condition on an aviation and/or service information as follows: to perform that modification, unless the AD product. The MCAI describes the unsafe Note 1 of the ‘‘Compliance’’ section of specifies otherwise. condition as: European Aviation Safety Agency (EASA) (1) The Director of the Federal Register Airworthiness Directive 2008–0020, dated A recent event occurred during which the January 28, 2008, states that any airplane that approved the incorporation by reference of LH [left-hand] forward side glass window of has not yet been modified in accordance with this service information under 5 U.S.C. an ATR 72–212 aeroplane blew out while Fokker Service Bulletin SBF100–52–069, 552(a) and 1 CFR part 51. performing a ground pressure test. dated December 3, 2001, must be modified (2) For service information identified in The investigation revealed some anomalies prior to or concurrently with paragraph (f)(1) this AD, contact Fokker Services B.V., on the forward side window at the level of of this AD. However, all U.S. airplanes have Technical Services Dept., P.O. Box 231, 2150 the Z-bar on the windows external side and met this requirement with the issuance of AD AE Nieuw-Vennep, the Netherlands; at the level of the inner retainer on the windows internal side. These anomalies are 2006–03–07, amendment 39–14471; telephone +31 (0)252–627–350; fax +31 considered as precursors of this failure. therefore, modification in accordance with (0)252–627–211; e-mail Fokker Service Bulletin SBF100–52–069, [email protected]; * * * * * dated December 3, 2001, is not applicable. Internet http://www.myfokkerfleet.com. An in-flight loss of a forward side window could have catastrophic consequences for the (3) You may review copies of the service Other FAA AD Provisions aeroplane and/or cause injuries to people on (g) The following provisions also apply to information at the FAA, Transport Airplane the ground. The loss of the forward side this AD: Directorate, 1601 Lind Avenue, SW., Renton, window while the aeroplane is on the ground (1) Alternative Methods of Compliance Washington. For information on the with a positive differential cabin pressure (AMOCs): The Manager, International availability of this material at the FAA, call could also cause injuries to people inside or Branch, ANM–116, Transport Airplane 425–227–1221 or 425–227–1152. around the aeroplane. Directorate, FAA, has the authority to (4) You may also review copies of the * * * * * approve AMOCs for this AD, if requested service information that is incorporated by This AD requires actions that are using the procedures found in 14 CFR 39.19. reference at the National Archives and intended to address the unsafe Send information to ATTN: Tom Rodriguez, Records Administration (NARA). For Aerospace Engineer, International Branch, condition described in the MCAI. information on the availability of this ANM–116, Transport Airplane Directorate, DATES: material at NARA, call 202–741–6030, or go This AD becomes effective FAA, 1601 Lind Avenue, SW., Renton, _ September 24, 2009. Washington 98057–3356; telephone (425) to: http://www.archives.gov/federal register/ _ _ _ The Director of the Federal Register 227–1137; fax (425) 227–1149. Before using code of federal regulations/ ibr_locations.html. approved the incorporation by reference any approved AMOC on any airplane to of a certain publication listed in the AD which the AMOC applies, notify your Issued in Renton, Washington, on August as of September 24, 2009. principal maintenance inspector (PMI) or 18, 2009. principal avionics inspector (PAI), as We must receive comments on this appropriate, or lacking a principal inspector, Stephen P. Boyd, AD by October 9, 2009. your local Flight Standards District Office. Acting Manager, Transport Airplane ADDRESSES: You may send comments by (2) Airworthy Product: For any Directorate, Aircraft Certification Service. any of the following methods: requirement in this AD to obtain corrective [FR Doc. E9–20834 Filed 9–8–09; 8:45 am] • Federal eRulemaking Portal: Go to actions from a manufacturer or other source, http://www.regulations.gov. Follow the use these actions if they are FAA-approved. BILLING CODE 4910–13–P Corrective actions are considered FAA- instructions for submitting comments. • Fax: (202) 493–2251. approved if they are approved by the State • of Design Authority (or their delegated Mail: U.S. Department of agent). You are required to assure the product Transportation, Docket Operations, M– is airworthy before it is returned to service. 30, West Building Ground Floor, Room

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W12–140, 1200 New Jersey Avenue, SE., Accordingly, this AD mandates initial and for making this amendment effective in Washington, DC 20590. repetitive inspections of LH and RH [right- fewer than 30 days. • Hand Delivery: U.S. Department of hand] cockpit forward side glass windows Transportation, Docket Operations, M– and in case of discrepancies, the replacement Comments Invited 30, West Building Ground Floor, Room of the window(s). This AD is a final rule that involves Remark: Acrylic-based cockpit forward requirements affecting flight safety, and W12–40, 1200 New Jersey Avenue, SE., side windows are not concerned by this AD. Washington, DC, between 9 a.m. and 5 we did not precede it by notice and p.m., Monday through Friday, except You may obtain further information by opportunity for public comment. We Federal holidays. examining the MCAI in the AD docket. invite you to send any written relevant Relevant Service Information data, views, or arguments about this AD. Examining the AD Docket Send your comments to an address You may examine the AD docket on PPG Aerospace has issued Service listed under the ADDRESSES section. the Internet at http:// Bulletin NP–158862–001, dated July 8, Include ‘‘Docket No. FAA–2009–0786; www.regulations.gov; or in person at the 2009. The actions described in this Directorate Identifier 2009–NM–145– Docket Operations office between 9 a.m. service information are intended to AD’’ at the beginning of your comments. and 5 p.m., Monday through Friday, correct the unsafe condition identified We specifically invite comments on the except Federal holidays. The AD docket in the MCAI. overall regulatory, economic, contains this AD, the regulatory FAA’s Determination and Requirements environmental, and energy aspects of evaluation, any comments received, and of This AD this AD. We will consider all comments other information. The street address for received by the closing date and may the Docket Operations office (telephone This product has been approved by amend this AD because of those (800) 647–5527) is in the ADDRESSES the aviation authority of another comments. section. Comments will be available in country, and is approved for operation We will post all comments we the AD docket shortly after receipt. in the United States. Pursuant to our receive, without change, to http:// bilateral agreement with the State of FOR FURTHER INFORMATION CONTACT: Tom www.regulations.gov, including any Rodriguez, International Branch, ANM– Design Authority, we have been notified personal information you provide. We 116, Transport Airplane Directorate, of the unsafe condition described in the will also post a report summarizing each FAA, 1601 Lind Avenue, SW., Renton, MCAI and service information substantive verbal contact we receive Washington 98057–3356; telephone referenced above. We are issuing this about this AD. (425) 227–1137; fax (425) 227–1149. AD because we evaluated all pertinent information and determined the unsafe Authority for This Rulemaking SUPPLEMENTARY INFORMATION: condition exists and is likely to exist or Title 49 of the United States Code Discussion develop on other products of the same specifies the FAA’s authority to issue The European Aviation Safety Agency type design. rules on aviation safety. Subtitle I, (EASA), which is the Technical Agent Differences Between the AD and the section 106, describes the authority of for Member States of the European MCAI or Service Information the FAA Administrator. ‘‘Subtitle VII: Community, has issued EASA Aviation Programs,’’ describes in more We have reviewed the MCAI and Emergency Airworthiness Directive detail the scope of the Agency’s related service information and, in 2009–0159–E, dated July 20, 2009 authority. general, agree with their substance. But (referred to after this as ‘‘the MCAI’’), to We are issuing this rulemaking under we might have found it necessary to use correct an unsafe condition for the the authority described in ‘‘Subtitle VII, different words from those in the MCAI specified products. The MCAI states: Part A, Subpart III, Section 44701: to ensure the AD is clear for U.S. General requirements.’’ Under that A recent event occurred during which the operators and is enforceable. In making section, Congress charges the FAA with LH [left-hand] forward side glass window of these changes, we do not intend to differ an ATR 72–212 aeroplane blew out while promoting safe flight of civil aircraft in performing a ground pressure test. substantively from the information air commerce by prescribing regulations The investigation revealed some anomalies provided in the MCAI and related for practices, methods, and procedures on the forward side window at the level of service information. the Administrator finds necessary for the Z-bar on the windows external side and We might also have required different safety in air commerce. This regulation at the level of the inner retainer on the actions in this AD from those in the is within the scope of that authority windows internal side. These anomalies are MCAI in order to follow FAA policies. because it addresses an unsafe condition considered as precursors of this failure. Any such differences are highlighted in that is likely to exist or develop on Air or water leakages between the Z-bar a Note within the AD. and the outer glass ply, or between the inner products identified in this rulemaking retainer and inner glass ply indicates the FAA’s Determination of the Effective action. presence of deteriorating structural Date Regulatory Findings components in the window. It must also be noticed that neither ATR An unsafe condition exists that We determined that this AD will not nor PPG Aerospace authorizes repairs on the requires the immediate adoption of this have federalism implications under window Z-bar/Z-bar sealant. AD. The FAA has found that the risk to Executive Order 13132. This AD will Any attempted repairs on these forward the flying public justifies waiving notice not have a substantial direct effect on side window Z-bars/Z-bar sealants could lead and comment prior to adoption of this the States, on the relationship between to a similar event that has originated this AD. rule because an in-flight loss of a the national government and the States, An in-flight loss of a forward side window forward side window could have or on the distribution of power and could have catastrophic consequences for the catastrophic consequences for the aeroplane and/or cause injuries to people on responsibilities among the various the ground. The loss of the forward side airplane or cause injuries to people on levels of government. window while the aeroplane is on the ground the ground. Therefore, we determined For the reasons discussed above, I with a positive differential cabin pressure that notice and opportunity for public certify this AD: could also cause injuries to people inside or comment before issuing this AD are 1. Is not a ‘‘significant regulatory around the aeroplane. impracticable and that good cause exists action’’ under Executive Order 12866;

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2. Is not a ‘‘significant rule’’ under the Air or water leakages between the Z-bar cycles or 7 days, whichever occurs later. DOT Regulatory Policies and Procedures and the outer glass ply, or between the inner When any discrepant condition, as defined in (44 FR 11034, February 26, 1979); and retainer and inner glass ply indicates the PPG Aerospace Service Bulletin NP–158862– 3. Will not have a significant presence of deteriorating structural 001, dated July 8, 2009, is found: Replace the economic impact, positive or negative, components in the window. window, in accordance with a method It must also be noticed that neither ATR approved by the Manager, ANM–116, on a substantial number of small entities nor PPG Aerospace authorizes repairs on the International Branch, Transport Airplane under the criteria of the Regulatory window Z-bar/Z-bar sealant. Directorate, FAA, or EASA (or its delegated Flexibility Act. Any attempted repairs on these forward agent), before further pressurized flight or We prepared a regulatory evaluation side window Z-bars/Z-bar sealants could lead within 10 days after the inspection, of the estimated costs to comply with to a similar event that has originated this AD. whichever occurs first. this AD and placed it in the AD docket. An in-flight loss of a forward side window (a) Sealant separation between the Z-bar could have catastrophic consequences for the and the outer glass ply, with depth less than List of Subjects in 14 CFR Part 39 aeroplane and/or cause injuries to people on or equal to 4 mm (0.160 in). Air transportation, Aircraft, Aviation the ground. The loss of the forward side (b) Sealant separation between inboard safety, Incorporation by reference, window while the aeroplane is on the ground retainer and inner glass ply, with depth less than or equal to 7.5 mm (0.300 in) and Safety. with a positive differential cabin pressure could also cause injuries to people inside or cumulative length less than or equal to 300 Adoption of the Amendment around the aeroplane. mm (12.000 in). Accordingly, this AD mandates initial and (c) Window showing both sealant ■ Accordingly, under the authority repetitive inspections of LH and RH [right- separation between the Z-bar and the outer delegated to me by the Administrator, hand] cockpit forward side glass windows ply, and separation between inboard retainer the FAA amends 14 CFR part 39 as and in case of discrepancies, the replacement and inner glass ply, common to the same follows: of the window(s). hole location with a length less than or equal Remark: Acrylic-based cockpit forward to 225 mm (8.860 in), and not covering the PART 39—AIRWORTHINESS side windows are not concerned by this AD. entire arc of a window corner. DIRECTIVES (iii) If no discrepancy is found: Re-inspect Actions and Compliance the cockpit forward side windows at ■ 1. The authority citation for part 39 (f) Unless already done, do the following intervals not to exceed 550 flight hours, in continues to read as follows: actions. accordance with the Accomplishment (1) Prior to the accumulation of 2,000 total Instructions of PPG Aerospace Service Authority: 49 U.S.C. 106(g), 40113, 44701. flight cycles on any cockpit forward side Bulletin NP–158862–001, dated July 8, 2009. When any discrepant condition, as defined in § 39.13 [Amended] window, or within 10 days after the effective date of this AD, whichever occurs later, PPG Aerospace Service Bulletin NP–158862– ■ 2. The FAA amends § 39.13 by adding inspect for damage and absence of repair of 001, dated July 8, 2009, is found: Replace the the following new AD: the cockpit forward side windows, in window, in accordance with a method approved by the Manager, ANM–116, 2009–18–18 ATR—GIE Avions De accordance with the Accomplishment Instructions of PPG Aerospace Service International Branch, Transport Airplane Transport Re´gional (Formerly Directorate, FAA, or EASA (or its delegated Aerospatiale): Amendment 39–16014. Bulletin NP–158862–001, dated July 8, 2009. If the total flight cycles on a given cockpit agent), before further pressurized flight or Docket No. FAA–2009–0786; Directorate within 10 days after the inspection, Identifier 2009–NM–145–AD. forward side window installed on an airplane cannot be established, the total flight cycles whichever occurs first. Effective Date accumulated on the airplane must be used in (2) Within 30 days after any inspection determining the initial inspection time for when damage or a discrepancy is found or (a) This airworthiness directive (AD) within 30 days after the effective date of this becomes effective September 24, 2009. the cockpit forward side window. (i) If any discrepant condition, as defined AD, whichever occurs later, submit a detailed Affected ADs in PPG Aerospace Service Bulletin NP– report of the findings to ATR in accordance with PPG Aerospace Service Bulletin NP– (b) None. 158862–001, dated July 8, 2009, is found: Replace the window, in accordance with a 158862–001, dated July 8, 2009. Applicability method approved by the Manager, ANM–116, FAA AD Differences (c) This AD applies to ATR Model ATR42– International Branch, Transport Airplane 200, –300, –320, and –500 airplanes and Directorate, FAA, or EASA (or its delegated Note 3: This AD differs from the MCAI Model ATR72–101, –201, –102, –202, –211, agent), before further pressurized flight or and/or service information as follows: No –212, and –212A airplanes; certificated in within 10 days after the inspection, Differences. whichever occurs first. any category; that are equipped with any PPG Other FAA AD Provisions Aerospace cockpit forward side glass Note 1: Guidance on replacing windows window having part number (P/N) NP– may be found in ATR (ATR42) Aircraft (g) The following provisions also apply to 158862–1 or NP–158862–2. Maintenance Manual (AMM) Job Instruction this AD: (1) Alternative Methods of Compliance Subject Card (JIC) 56–12–00 RAI 10000–011, dated February 2008; and ATR ATR72 AMM JIC (AMOCs): The Manager, ANM–116, (d) Air Transport Association (ATA) of 56–12–00 RAI 10000–001, dated April 2008. International Branch. Transport Airplane America Code 56: Windows. Directorate, FAA, has the authority to Note 2: Guidance on unpressurized flight approve AMOCs for this AD, if requested Reason conditions and limitations may be found in using the procedures found in 14 CFR 39.19. (e) The mandatory continued airworthiness Section 21–30–1, dated February 2008, of the Send information to ATTN: Tom Rodriguez, information (MCAI) states: ATR Master Minimum Equipment List; and Aerospace Engineer, International Branch, A recent event occurred during which the Section 21–30–1, dated February 2008, of the ANM–116, Transport Airplane Directorate, LH [left-hand] forward side glass window of ATR Dispatch Deviation Guide. FAA, 1601 Lind Avenue, SW., Renton, an ATR 72–212 aeroplane blew out while (ii) If one of the conditions identified in Washington 98057–3356; telephone (425) performing a ground pressure test. paragraphs (f)(1)(ii)(a), (f)(1)(ii)(b), and 227–1137; fax (425) 227–1149. Before using The investigation revealed some anomalies (f)(1)(ii)(c) of this AD is found: Within 50 any approved AMOC on any airplane to on the forward side window at the level of flight cycles or 7 days after the inspection which the AMOC applies, notify your the Z-bar on the windows external side and required by paragraph (f)(1) of this AD, principal maintenance inspector (PMI) or at the level of the inner retainer on the whichever occurs later, repeat the inspection principal avionics inspector (PAI), as windows internal side. These anomalies are required in paragraph (f)(1) of this AD. Re- appropriate, or lacking a principal inspector, considered as precursors of this failure. inspect at intervals not to exceed 50 flight your local Flight Standards District Office.

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The AMOC approval letter must specifically DEPARTMENT OF TRANSPORTATION Discussion reference this AD. (2) Airworthy Product: For any Federal Aviation Administration We issued a notice of proposed requirement in this AD to obtain corrective rulemaking (NPRM) to amend 14 CFR actions from a manufacturer or other source, 14 CFR Part 39 part 39 to include an AD that would use these actions if they are FAA-approved. apply to the specified products. That Corrective actions are considered FAA- [Docket No. FAA–2009–0522; Directorate NPRM was published in the Federal approved if they are approved by the State Identifier 2008–NM–127–AD; Amendment Register on June 9, 2009 (74 FR 27257), of Design Authority (or their delegated 39–16010; AD 2009–18–14] and proposed to supersede AD 2004– agent). You are required to assure the product 09–16, Amendment 39–13605 (69 FR RIN 2120–AA64 is airworthy before it is returned to service. 24953, May 5, 2004). (A correction of (3) Reporting Requirements: For any Airworthiness Directives; 328 Support that AD was published in the Federal reporting requirement in this AD, under the Services GmbH Dornier Model 328–100 Register on May 12, 2004 (69 FR provisions of the Paperwork Reduction Act, and –300 Airplanes 26434)). That NPRM proposed to correct the Office of Management and Budget (OMB) an unsafe condition for the specified has approved the information collection AGENCY: Federal Aviation products. The MCAI states: requirements and has assigned OMB Control Administration (FAA), Department of On 14 March 2002, an incident occurred Number 2120–0056. Transportation (DOT). with a Dornier 328–100 where the captain (4) Special Flight Permits: We are ACTION: Final rule. reported that the rudder was unresponsive. permitting special flight permits provided The aircraft landed without any further that the airplane is unpressurized during SUMMARY: We are superseding an difficulties. A visual inspection of the rudder flight. existing airworthiness directive (AD) for assembly was carried out and the spring tab the products listed above. This AD assembly was found to be cracked and Related Information results from mandatory continuing partially missing. During subsequent (h) Refer to MCAI European Aviation airworthiness information (MCAI) inspections of other aircraft, a number of Safety Agency (EASA) Emergency originated by an aviation authority of additional rudder spring tab lever assemblies Airworthiness Directive 2009–0159–E, dated were found cracked. another country to identify and correct This condition, if not corrected, could lead July 20, 2009; and PPG Aerospace Service an unsafe condition on an aviation Bulletin NP–158862–001, dated July 8, 2009; to failure of the rudder flight control system product. The MCAI describes the unsafe and consequent loss of control of the aircraft. for related information. condition as: To address and correct this unsafe condition, Material Incorporated by Reference * * * A number of * * * rudder spring LBA (Luftfahrt-Bundesamt) issued AD 2003– 383 and 2003–384 [which correspond to FAA (i) You must use PPG Aerospace Service tab lever assemblies [of the rudder] were found cracked. AD 2004–09–16] for the Dornier 328–100 and Bulletin NP–158862–001, dated July 8, 2009, 328–300 respectively, to require the initial to do the actions required by this AD, unless This condition, if not corrected, could lead to failure of the rudder flight control system and repetitive inspection of the rudder spring the AD specifies otherwise. and consequent loss of control of the aircraft. tab lever assembly and, in case cracks were (1) The Director of the Federal Register *** found, the replacement of the rudder spring approved the incorporation by reference of tab lever assembly with a serviceable unit. this service information under 5 U.S.C. * * * * * The current TC (type certificate) holder of 552(a) and 1 CFR part 51. We are issuing this AD to require this type design, 328 Support Services (2) For service information identified in actions to correct the unsafe condition GmbH, has recently published Alert Service this AD, contact PPG Aerospace, 12780 San on these products. Bulletin ASB–328–27–036, Revision 2, which reduces the inspection interval to A-check Fernando Road, Sylmar, California 91342; DATES: This AD becomes effective [400 FH] (400 flight hours). In addition, telephone 818–362–6711; fax 818–362–0603; October 14, 2009. Service Bulletin SB–328–27–459 was revised Internet http://corporateportal.ppg.com/na/ The Director of the Federal Register to change the compliance status from aerospace. approved the incorporation by reference ‘optional’ to ‘mandatory’ and instructs (3) You may review copies of the service of certain publications listed in this AD operators to replace the rudder spring tab information at the FAA, Transport Airplane as of October 14, 2009. lever assembly with an improved unit P/N Directorate, 1601 Lind Avenue, SW., Renton, On June 9, 2004 (69 FR 24953, May (part number) 001A272A4020–004, ending Washington. For information on the 5, 2004), the Director of the Federal the need for the repetitive inspections. availability of this material at the FAA, call Register approved the incorporation by For the reasons described above, this EASA 425–227–1221 or 425–227–1152. reference of certain other publications AD retains the repetitive inspection (4) You may also review copies of the listed in this AD. requirements of LBA AD 2003–383, which is service information that is incorporated by superseded, expands the applicability to all ADDRESSES: You may examine the AD serial numbers, reduces the inspection reference at the National Archives and docket on the Internet at http:// interval to 400 [flight hours], and requires the Records Administration (NARA). For www.regulations.gov or in person at the replacement of the rudder spring tab lever information on the availability of this U.S. Department of Transportation, assembly with an improved unit P/N material at NARA, call 202–741–6030, or go Docket Operations, M–30, West 001A272A4020–004, as specified in SB–328– to: http://www.archives.gov/federal_register/ 27–459. _ _ _ Building Ground Floor, Room W12–140, code of federal regulations/ 1200 New Jersey Avenue, SE., ibr_locations.html. The material used for the rudder Washington, DC. spring tab lever assemblies on Model Issued in Renton, Washington, on August FOR FURTHER INFORMATION CONTACT: Dan 328–100 airplanes differs from the 26, 2009. Rodina, Aerospace Engineer, material used for the rudder spring tab Ali Bahrami, International Branch, ANM–116, FAA, lever assemblies on Model 328–300 Manager, Transport Airplane Directorate, Transport Airplane Directorate, 1601 airplanes. Therefore, Model 328–300 Aircraft Certification Service. Lind Avenue, SW., Renton, Washington airplanes are not affected by the new [FR Doc. E9–21312 Filed 9–8–09; 8:45 am] 98057–3356; telephone (425) 227–2125; requirements in this AD. You may BILLING CODE 4910–13–P fax (425) 227–1149. obtain further information by examining SUPPLEMENTARY INFORMATION: the MCAI in the AD docket.

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Comments higher than estimated here. Based on section. Comments will be available in We gave the public the opportunity to these figures, we estimate the cost of the the AD docket shortly after receipt. AD on U.S. operators to be $209,616, or participate in developing this AD. We List of Subjects in 14 CFR Part 39 received no comments on the NPRM or $13,101 per product. Air transportation, Aircraft, Aviation on the determination of the cost to the Authority for This Rulemaking safety, Incorporation by reference, public. Title 49 of the United States Code Safety. Explanation of Change to Final Rule specifies the FAA’s authority to issue Adoption of the Amendment This AD does not require reporting rules on aviation safety. Subtitle I, crack findings to the manufacturer. section 106, describes the authority of ■ Accordingly, under the authority Therefore, we have removed paragraph the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, (m)(3) of the proposed AD because the Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as reporting requirements information in detail the scope of the Agency’s follows: that paragraph is not necessary. authority. We are issuing this rulemaking under PART 39—AIRWORTHINESS Conclusion the authority described in ‘‘Subtitle VII, DIRECTIVES We reviewed the available data, and Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 determined that air safety and the General requirements.’’ Under that continues to read as follows: public interest require adopting the AD section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. with the change described previously. promoting safe flight of civil aircraft in We determined that this change will not air commerce by prescribing regulations § 39.13 [Amended] increase the economic burden on any for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by operator or increase the scope of the AD. the Administrator finds necessary for removing Amendment 39–13605 (69 FR Differences Between This AD and the safety in air commerce. This regulation 24953, May 5, 2004), and adding the MCAI or Service Information is within the scope of that authority following new AD: because it addresses an unsafe condition We have reviewed the MCAI and that is likely to exist or develop on 2009–18–14 328 Support Services GmbH related service information and, in (Formerly, AvCraft Aerospace GmbH, products identified in this rulemaking formerly Fairchild Dornier GmbH, general, agree with their substance. But action. we might have found it necessary to use formerly Dornier Luftfahrt GmbH): different words from those in the MCAI Regulatory Findings Amendment 39–16010. Docket No. FAA–2009–0522; Directorate Identifier to ensure the AD is clear for U.S. We determined that this AD will not 2008–NM–127–AD. operators and is enforceable. In making have federalism implications under Effective Date these changes, we do not intend to differ Executive Order 13132. This AD will substantively from the information not have a substantial direct effect on (a) This airworthiness directive (AD) becomes effective October 14, 2009. provided in the MCAI and related the States, on the relationship between service information. the national government and the States, Affected ADs We might also have required different or on the distribution of power and (b) This AD supersedes AD 2004–09–16, actions in this AD from those in the responsibilities among the various Amendment 39–13605. MCAI in order to follow our FAA levels of government. policies. Any such differences are Applicability For the reasons discussed above, I highlighted in a Note within the AD. (c) This AD applies to 328 Support certify this AD: Services GmbH Dornier Model 328–100 Costs of Compliance 1. Is not a ‘‘significant regulatory airplanes on which a rudder spring tab lever Based on the service information, we action’’ under Executive Order 12866; assembly having part number estimate that this AD affects about 112 2. Is not a ‘‘significant rule’’ under the 001A272A4020–002 is installed, and all products of U.S. registry. DOT Regulatory Policies and Procedures Model 328–300 airplanes. The actions that are required by AD (44 FR 11034, February 26, 1979); and Subject 2004–09–16 and retained in this AD 3. Will not have a significant (d) Air Transport Association (ATA) of affect 112 products of U.S. registry and economic impact, positive or negative, America Code 27: Flight controls. take 1 work-hour per product, at an on a substantial number of small entities Reason average labor rate of $80 per work-hour. under the criteria of the Regulatory Based on these figures, the estimated Flexibility Act. (e) The mandatory continuing cost of the currently required actions is We prepared a regulatory evaluation airworthiness information (MCAI) states: of the estimated costs to comply with On 14 March 2002, an incident occurred $8,960, or $80 per product, per with a Dornier 328–100 where the captain inspection cycle. this AD and placed it in the AD docket. reported that the rudder was unresponsive. We estimate that it will take 3 work- Examining the AD Docket The aircraft landed without any further hours per product to comply with the difficulties. A visual inspection of the rudder new basic requirements of this AD and You may examine the AD docket on assembly was carried out and the spring tab it will affect 16 products of U.S. registry. the Internet at http:// assembly was found to be cracked and The average labor rate is $80 per work- www.regulations.gov; or in person at the partially missing. During subsequent hour. Required parts will cost about Docket Operations office between 9 a.m. inspections of other aircraft, a number of $12,861 per product. Where the service and 5 p.m., Monday through Friday, additional rudder spring tab lever assemblies information lists required parts costs except Federal holidays. The AD docket were found cracked. This condition, if not corrected, could lead that are covered under warranty, we contains the NPRM, the regulatory to failure of the rudder flight control system have assumed that there will be no evaluation, any comments received, and and consequent loss of control of the aircraft. charge for these costs. As we do not other information. The street address for To address and correct this unsafe condition, control warranty coverage for affected the Docket Operations office (telephone LBA (Luftfahrt-Bundesamt) issued AD 2003– parties, some parties may incur costs (800) 647–5527) is in the ADDRESSES 383 and 2003–384 [which correspond to FAA

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AD 2004–09–16] for the Dornier 328–100 and required by paragraph (g) of this AD, do the 004, in accordance with the Accomplishment 328–300 respectively, to require the initial next inspection within 400 flight hours after Instructions of Dornier Service Bulletin SB– and repetitive inspection of the rudder spring doing the last inspection, or within 400 flight 328–27–459, Revision 2, dated February 8, tab lever assembly and, in case cracks were hours after the effective date of this AD, 2008. Accomplishment of the replacement found, the replacement of the rudder spring whichever occurs later; and repeat the required by this paragraph terminates the tab lever assembly with a serviceable unit. inspection thereafter at intervals not to repetitive inspections required by paragraph The current TC (type certificate) holder of exceed 400 flight hours. Repeat the (g)(1) of this AD. this type design, 328 Support Services inspections until the replacement required by (l) Actions done before the effective date of GmbH, has recently published Alert Service paragraph (k) of this AD has been done. this AD in accordance with Dornier Service Bulletin ASB–328–27–036, Revision 2, which (2) For Model 328–300 airplanes: If no Bulletin SB–328–27–459, dated May 3, 2004; reduces the inspection interval to A-check cracking is found during any inspection or Revision 1, dated January 24, 2008; are [400 FH] (400 flight hours). In addition, required by paragraph (g) of this AD, repeat acceptable for compliance with the Service Bulletin SB–328–27–459 was revised the inspections thereafter at intervals not to corresponding requirements of this AD for to change the compliance status from exceed 24 months. Model 328–100 airplanes. Actions done ‘optional’ to ‘mandatory’ and instructs operators to replace the rudder spring tab Corrective Action before the effective date of this AD in lever assembly with an improved unit P/N (h) For all airplanes: If any cracking is accordance with Dornier Alert Service (part number) 001A272A4020–004, ending found during any inspection required by Bulletin ASB–328–27–036, Revision 1, dated the need for the repetitive inspections. paragraph (g) of this AD, do the applicable May 7, 2004; or Revision 2, dated January 24, For the reasons described above, this EASA actions specified in paragraph (h)(1) or (h)(2) 2008; are acceptable for compliance with the AD retains the repetitive inspection of this AD. corresponding requirements of this AD for requirements of LBA AD 2003–383, which is (1) For Model 328–100 airplanes: Before Model 328–300 airplanes. superseded, expands the applicability to all further flight, do the replacement required by FAA AD Differences serial numbers, reduces the inspection paragraph (k) of this AD, or replace the interval to 400 [flight hours], and requires the spring tab lever assembly with a new Note 3: This AD differs from the MCAI replacement of the rudder spring tab lever assembly by doing all the actions per and/or service information as follows: No assembly with an improved unit P/N Paragraph 2.C. of the Accomplishment differences. 001A272A4020–004, as specified in SB–328– Instructions of Dornier Alert Service Bulletin 27–459. ASB–328–27–036, dated February 12, 2003; Other FAA AD Provisions or Revision 3, dated February 8, 2008. Compliance (m) The following provisions also apply to (2) For Model 328–300 airplanes: Before this AD: (f) Required as indicated, unless further flight, replace the spring tab lever (1) Alternative Methods of Compliance accomplished previously. assembly with a new assembly by doing all (AMOCs): The Manager, International the actions per Paragraph 2.C. of the Restatement of Requirements of AD 2004– Branch, ANM–116, FAA, has the authority to Accomplishment Instructions of Dornier 09–16, Including Repetitive Inspections With approve AMOCs for this AD, if requested Alert Service Bulletin ASB–328J–27–013, using the procedures found in 14 CFR 39.19. Reduced Intervals for Model 328–100 dated February 12, 2003. Repeat the Send information to ATTN: Dan Rodina, Airplanes inspections required by paragraph (g) of this (g) For all airplanes: Within 400 flight AD thereafter at intervals not to exceed 24 Aerospace Engineer, International Branch, hours or 2 months after June 9, 2004 (the months. ANM–116, FAA, Transport Airplane effective date of AD 2004–09–16), whichever Directorate, 1601 Lind Avenue, SW., Renton, Note 2: For Model 328–300 airplanes: Washington 98057–3356; telephone (425) is first; do detailed and eddy current There is no terminating action available for 227–2125; fax (425) 227–1149. Before using inspections for cracking of the bearing lugs the repetitive inspections required by this any approved AMOC on any airplane to of the rudder spring tab lever assembly by AD. doing all the actions per Paragraphs 2.A., which the AMOC applies, notify your (i) Dornier Alert Service Bulletins ASB– 2.B., and 2.D. of the Accomplishment principal maintenance inspector (PMI) or 328–27–036, dated February 12, 2003, and Instructions of Dornier Alert Service Bulletin principal avionics inspector (PAI), as Revision 3, dated February 8, 2008; and ASB–328–27–036 (for Model 328–100 appropriate, or lacking a principal inspector, ASB–328J–27–013, dated February 12, 2003; airplanes), dated February 12, 2003, or your local Flight Standards District Office. recommend reporting crack findings and Revision 3, dated February 8, 2008; or (2) Airworthy Product: For any returning damaged lever assemblies to the Dornier Alert Service Bulletin ASB–328J–27– requirement in this AD to obtain corrective manufacturer, but this AD does not contain 013 (for Model 328–300 airplanes), dated actions from a manufacturer or other source, such requirements. February 12, 2003; as applicable. use these actions if they are FAA-approved. Note 1: For the purposes of this AD, a New Requirements of This AD: Actions and Corrective actions are considered FAA- detailed inspection is defined as: ‘‘An Compliance approved if they are approved by the State intensive visual examination of a specific (j) For Model 328–100 airplanes: As of the of Design Authority (or their delegated structural area, system, installation, or effective date of this AD, Dornier Alert agent). You are required to assure the product assembly to detect damage, failure, or Service Bulletin ASB–328–27–036, Revision is airworthy before it is returned to service. irregularity. Available lighting is normally 3, dated February 8, 2008, must be used for Related Information supplemented with a direct source of good accomplishing the inspections and corrective lighting at intensity deemed appropriate by actions required by paragraphs (g) and (h) of (n) Refer to MCAI European Aviation the inspector. Inspection aids such as mirror, this AD. Safety Agency Airworthiness Directive 2008– magnifying lenses, etc., may be used. Surface (k) For Model 328–100 airplanes: Within 6 0107, dated June 23, 2008; German cleaning and elaborate access procedures months after the effective date of this AD, Airworthiness Directive 2003–384, dated may be required.’’ replace any rudder spring tab lever assembly November 13, 2003; and the service (1) For Model 328–100 airplanes: If no having P/N 001A272A4020–002 with an information contained in Table 1 of this AD, cracking is found during any inspection improved unit having P/N 001A272A4020– for related information.

TABLE 1—RELATED SERVICE INFORMATION

Document Revision Date

Dornier Alert Service Bulletin ASB–328–27–036 ...... 3 ...... February 8, 2008. Dornier Alert Service Bulletin ASB–328J–27–013 ...... Original ...... February 12, 2003. Dornier Service Bulletin SB–328–27–459 ...... 2 ...... February 8, 2008.

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Material Incorporated by Reference to do the actions required by this AD, unless and Dornier Service Bulletin SB–328–27– (o) You must use the applicable service the AD specifies otherwise. (The issue date 459, Revision 2, dated February 8, 2008; is of Dornier Alert Service Bulletin ASB–328– specified only on the odd-numbered pages of information contained in Table 2 of this AD 27–036, Revision 3, dated February 8, 2008; these documents.)

TABLE 2—MATERIAL INCORPORATED BY REFERENCE

Document Revision Date

(1) The Director of the Federal Register DEPARTMENT OF TRANSPORTATION DATES: This AD becomes effective approved the incorporation by reference of October 14, 2009. Dornier Alert Service Bulletin ASB–328–27– Federal Aviation Administration The Director of the Federal Register 036, Revision 3, dated February 8, 2008; and approved the incorporation by reference Dornier Service Bulletin SB–328–27–459, 14 CFR Part 39 of a certain publication listed in this AD Revision 2, dated February 8, 2008; under 5 as of October 14, 2009. U.S.C. 552(a) and 1 CFR part 51. [Docket No. FAA–2009–0465; Directorate ADDRESSES: You may examine the AD (2) The Director of the Federal Register Identifier 2007–NM–244–AD; Amendment docket on the Internet at http:// previously approved the incorporation by 39–16012; AD 2009–18–16] www.regulations.gov or in person at the reference of the Dornier Alert Service U.S. Department of Transportation, Bulletin ASB–328J–27–013, dated February RIN 2120–AA64 Docket Operations, M–30, West 12, 2003, on June 9, 2004 (69 FR 24953, May Building Ground Floor, Room W12–140, Airworthiness Directives; Airbus Model 5, 2004). 1200 New Jersey Avenue, SE., A310–203, –204, –221, –222, –304, (3) For service information identified in Washington, DC. this AD, contact 328 Support Services GmbH, –322, –324, and –325 Airplanes FOR FURTHER INFORMATION CONTACT: Tom Global Support Center, P.O. Box 1252, D– AGENCY: Federal Aviation 82231 Wessling, Federal Republic of Stafford, Aerospace Engineer, Germany; telephone +49 8153 88111 6666; Administration (FAA), Department of International Branch, ANM–116, fax +49 8153 88111 6565; e-mail Transportation (DOT). Transport Airplane Directorate, FAA, [email protected]; Internet http:// ACTION: Final rule. 1601 Lind Avenue, SW., Renton, www.328support.de. Washington 98055–4056; telephone SUMMARY: (4) You may review copies of the service We are superseding an (425) 227–1622; fax (425) 227–1149. information at the FAA, Transport Airplane existing airworthiness directive (AD) for SUPPLEMENTARY INFORMATION: the products listed above. This AD Directorate, 1601 Lind Avenue, SW., Renton, Discussion Washington. For information on the results from mandatory continuing availability of this material at the FAA, call airworthiness information (MCAI) We issued a notice of proposed 425–227–1221 or 425–227–1152. originated by an aviation authority of rulemaking (NPRM) to amend 14 CFR (5) You may also review copies of the another country to identify and correct part 39 to include an AD that would service information that is incorporated by an unsafe condition on an aviation apply to the specified products. That reference at the National Archives and product. The MCAI describes the unsafe NPRM was published in the Federal Records Administration (NARA). For condition as: Register on June 2, 2009 (74 FR 26312), information on the availability of this DGAC [Direction Ge´ne´rale de l’Aviation and proposed to supersede AD 2006– material at NARA, call 202–741–6030, or go Civile] France issued AD F–2005–078 [which 02–06, Amendment 39–14458 (71 FR to: http://www.archives.gov/federal_register/ corresponds to FAA AD 2006–02–06] to 3214, January 20, 2006). That NPRM code_of_federal_regulations/ibr_ require the modification (Airbus proposed to correct an unsafe condition locations.html. modification 13023), defined in Airbus SB for the specified products. The MCAI [service bulletin] A310–53–2124, to increase states: Issued in Renton, Washington, on August the service life of junctions of center box 24, 2009. upper frame bases to upper fuselage arches. DGAC [Direction Ge´ne´rale de l’Aviation Civile] France issued AD F–2005–078 [which Ali Bahrami, This structural modification falls within the scope of the work related to the extension of corresponds to FAA AD 2006–02–06, Manager, Transport Airplane Directorate, the service life of A310 aircraft and Amendment 39–14458, 71 FR 3214, January Aircraft Certification Service. 20, 2006] to require the modification (Airbus widespread fatigue damage evaluations. modification 13023), defined in Airbus SB [FR Doc. E9–21035 Filed 9–8–09; 8:45 am] The threshold timescales for [service bulletin] A310–53–2124, to increase BILLING CODE 4910–13–P accomplishment of the tasks as defined in SB the service life of junctions of center box A310–53–2124 were refined and reduced. upper frame bases to upper fuselage arches. *** This structural modification falls within the * * * * * scope of the work related to the extension of The unsafe condition is fatigue cracking the service life of A310 aircraft and of the frame foot run-outs, which could widespread fatigue damage evaluations. lead to rupture of the frame foot and The threshold timescales for cracking in adjacent frames and skin, accomplishment of the tasks as defined in SB and which could result in reduced A310–53–2124 were refined and reduced. Consequently, EASA issued AD 2007–0238 structural integrity of the fuselage. We to require compliance with Revision 1 of SB are issuing this AD to require actions to A310–53–2124 at the reduced compliance correct the unsafe condition on these times, superseding (the requirements of) products. DGAC France AD F–2005–078. Subsequently,

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Airbus identified reference material that was determined that air safety and the air commerce by prescribing regulations erroneously introduced into Airbus SB public interest require adopting the AD for practices, methods, and procedures A310–53–2124 Revision 1. As a result, the SB with the change described previously. the Administrator finds necessary for instructions could not be accomplished properly. Operators that tried to apply SB We determined that this change will not safety in air commerce. This regulation A310–53–2124 at Revision 1 had to contact increase the economic burden on any is within the scope of that authority Airbus; see also Airbus SBIT [service bulletin operator or increase the scope of the AD. because it addresses an unsafe condition that is likely to exist or develop on information telex] ref. 914.0135/08, dated 03 Differences Between This AD and the March 2008. products identified in this rulemaking MCAI or Service Information Consequently, AD 2007–0238 was revised action. to exclude reference to Airbus SB A310–53– We have reviewed the MCAI and 2124 Revision 1 and to require related service information and, in Regulatory Findings accomplishment of the task(s) as described in general, agree with their substance. But the original SB A310–53–2124 instead, We determined that this AD will not although retaining the reduced compliance we might have found it necessary to use have federalism implications under times introduced by AD 2007–0238 at different words from those in the MCAI Executive Order 13132. This AD will original issue. This new [EASA] AD is to ensure the AD is clear for U.S. not have a substantial direct effect on published to refer to Airbus SB A310–53– operators and is enforceable. In making the States, on the relationship between 2124 Revision 02, the corrected version that these changes, we do not intend to differ the national government and the States, is to be used to meet the requirements of this substantively from the information or on the distribution of power and AD. provided in the MCAI and related responsibilities among the various The unsafe condition is fatigue cracking service information. levels of government. of the frame foot run-outs, which could We might also have required different For the reasons discussed above, I lead to rupture of the frame foot and actions in this AD from those in the certify this AD: cracking in adjacent frames and skin, MCAI in order to follow our FAA 1. Is not a ‘‘significant regulatory and which could result in reduced policies. Any such differences are action’’ under Executive Order 12866; structural integrity of the fuselage. The highlighted in a NOTE within the AD. 2. Is not a ‘‘significant rule’’ under the required actions include inspecting by Costs of Compliance DOT Regulatory Policies and Procedures rotating probe for cracking of holes H1 We estimate that this AD will affect (44 FR 11034, February 26, 1979); and through H29 on frame (FR) 43 through 3. Will not have a significant 46 inclusive, and inspecting holes H1 about 68 products of U.S. registry. The actions that are required by AD economic impact, positive or negative, through H29 on FR 43 through 46 on a substantial number of small entities inclusive to determine the edge distance 2006–02–06 and retained in this AD take about 31 work-hours per product, under the criteria of the Regulatory of the hole, and corrective actions if Flexibility Act. necessary. You may obtain further at an average labor rate of $80 per work We prepared a regulatory evaluation information by examining the MCAI in hour. Required parts cost about $1,730 of the estimated costs to comply with the AD docket. per product. Based on these figures, the estimated cost of the currently required this AD and placed it in the AD docket. Comments actions is $4,210 per product. Examining the AD Docket We gave the public the opportunity to We estimate that it will take about 41 participate in developing this AD. We work-hours per product to comply with You may examine the AD docket on considered the comment received. the new basic requirements of this AD. the Internet at http:// The average labor rate is $80 per work- www.regulations.gov; or in person at the Request To Remove Reference to hour. Required parts will cost about Docket Operations office between 9 a.m. Modification 13023 From Paragraph (c) $4,400 per product. Where the service and 5 p.m., Monday through Friday, of This AD information lists required parts costs except Federal holidays. The AD docket Airbus requests we remove the that are covered under warranty, we contains the NPRM, the regulatory reference to modification 13023 from have assumed that there will be no evaluation, any comments received, and paragraph (c), Applicability, of the charge for these costs. As we do not other information. The street address for NPRM. The NPRM would have applied control warranty coverage for affected the Docket Operations office (telephone to certain Airbus airplanes, except those parties, some parties may incur costs (800) 647–5527) is in the ADDRESSES on which Airbus Mandatory Service higher than estimated here. Based on section. Comments will be available in Bulletin A310–53–2124, Revision 02, these figures, we estimate the cost of the AD docket shortly after receipt. dated May 22, 2008, has been this AD to the U.S. operators to be List of Subjects in 14 CFR Part 39 accomplished, or those on which Airbus $522,240, or $7,680 per product. modification 13023 has been Air transportation, Aircraft, Aviation Authority for This Rulemaking accomplished in production. The safety, Incorporation by reference, commenter, Airbus, states that Title 49 of the United States Code Safety. specifies the FAA’s authority to issue modification 13023 is a retrofit Adoption of the Amendment modification only and was never rules on aviation safety. Subtitle I, embodied in production. Modification section 106, describes the authority of ■ Accordingly, under the authority 13023 is directly associated with Airbus the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, Mandatory Service Bulletin A310–53– Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as 2124. detail the scope of the Agency’s follows: We agree, for the reasons provided by authority. the commenter. We have revised this We are issuing this rulemaking under PART 39—AIRWORTHINESS final rule accordingly. the authority described in ‘‘Subtitle VII, DIRECTIVES Part A, Subpart III, Section 44701: Conclusion General requirements.’’ Under that ■ 1. The authority citation for part 39 We reviewed the available data, section, Congress charges the FAA with continues to read as follows: including the comment received, and promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] upper frame bases to upper fuselage arches. through 46 inclusive, and inspecting holes ■ 2. The FAA amends § 39.13 by This structural modification falls within the H1 through H29 on FR 43 through 46 scope of the work related to the extension of removing Amendment 39–14458 (71 FR inclusive to determine the edge distance of the service life of A310 aircraft and the hole, and corrective actions if necessary. 3214, January 20, 2006) and adding the widespread fatigue damage evaluations. following new AD: The threshold timescales for Requirements of This AD: Actions and 2009–18–16 Airbus: Amendment 39–16012. accomplishment of the tasks as defined in SB Compliance Docket No. FAA–2009–0465; Directorate A310–53–2124 were refined and reduced. (f) Unless already done, do the following Identifier 2007–NM–244–AD. Consequently, EASA issued AD 2007–0238 actions. to require compliance with Revision 1 of SB (1) Except for airplanes identified in Effective Date A310–53–2124 at the reduced compliance paragraph (f)(2) of this AD, at the later of the times, superseding (the requirements of) (a) This airworthiness directive (AD) times specified in paragraphs (f)(1)(i) and becomes effective October 14, 2009. DGAC France AD F–2005–078. Subsequently, Airbus identified reference material that was (f)(1)(ii) of this AD, accomplish inspections Affected ADs erroneously introduced into Airbus SB by rotating probe for cracking of holes H1 (b) This AD supersedes AD 2006–02–06, A310–53–2124 Revision 1. As a result, the SB through H29 on frame FR 43 through 46 Amendment 39–14458. instructions could not be accomplished inclusive, and inspections of holes H1 properly. Operators that tried to apply SB through H29 on FR 43 through 46 inclusive Applicability A310–53–2124 at Revision 1 had to contact to determine the edge distance of the hole, (c) This AD applies to Airbus Model A310– Airbus; see also Airbus SBIT [service bulletin in accordance with the Accomplishment 203, –204, –221, –222, –304, –322, –324 and information telex] ref. 914.0135/08, dated 03 Instructions of Airbus Mandatory Service –325 airplanes; all serial numbers; March 2008. Bulletin A310–53–2124, Revision 02, dated certificated in any category; except those Consequently, AD 2007–0238 was revised May 22, 2008 (‘‘the service bulletin’’). If no airplanes on which Airbus Mandatory to exclude reference to Airbus SB A310–53– cracking is found and the edge distance is Service Bulletin A310–53–2124, dated April 2124 Revision 1 and to require equal to or greater than the distance specified 4, 2005, has been accomplished. accomplishment of the task(s) as described in in the Accomplishment Instructions of the the original SB A310–53–2124 instead, service bulletin, before further flight, do the Subject although retaining the reduced compliance times introduced by AD 2007–0238 at cold expansion of the most fatigue sensitive (d) Air Transport Association (ATA) of fastener holes, as identified in the service America Code 53: Fuselage. original issue. This new [EASA] AD is published to refer to Airbus SB A310–53– bulletin. Reason 2124 Revision 02, the corrected version that (i) Inspect at the applicable time indicated (e) The mandatory continuing is to be used to meet the requirements of this in Table 1 of this AD. Airbus Model A310– airworthiness information (MCAI) states: AD. 304, –322, –324, and –325 airplanes with an DGAC [Direction Ge´ne´rale de l’Aviation The unsafe condition is fatigue cracking of average flight time (AFT) equal to or less than Civile] France issued AD F–2005–078 [which the frame foot run-outs, which could lead to 3.17 flight hours are short range airplanes. corresponds to FAA AD 2006–02–06, rupture of the frame foot and cracking in Airbus Model A310–304, –322, –324, and Amendment 39–14458, 71 FR 3214, January adjacent frames and skin, and which could –325 airplanes with an AFT exceeding 3.17 20, 2006] to require the modification (Airbus result in reduced structural integrity of the flight hours are long range airplanes. modification 13023), defined in Airbus SB fuselage. The required actions include (ii) Within 500 flight cycles or 800 flight [service bulletin] A310–53–2124, to increase inspecting by rotating probe for cracking of hours after the effective date of this AD, the service life of junctions of center box holes H1 through H29 on frame (FR) 43 whichever occurs first.

TABLE 1—COMPLIANCE TIMES

Affected Airplanes Inspection/Modification Threshold, whichever occurs later

Model A310–304, –322, –324 and –325 short Prior to accumulation of 26,500 flight cycles Within 3,000 flight cycles after the effective range airplanes. or 74,300 flight hours since first flight of the date of this AD, without exceeding 29,200 airplane, whichever occurs first. flight cycles or 81,800 flight hours since first flight, whichever occurs first.

Model A310–304, –322, –324 and –325 long Prior to accumulation of 23,400 flight cycles Within 3,000 flight cycles after the effective range airplanes. or 117,100 flight hours since first flight of date of this AD, without exceeding 25,800 the airplane, whichever occurs first. flight cycles or 129,000 flight hours since first flight, whichever occurs first.

Model A310–203, –204, –221, and A310–222 .. Prior to accumulation of 23,400 flight cycles Within 3,000 flight cycles after the effective or 46,800 flight hours since first flight of the date of this AD, without exceeding 28,800 airplane, whichever occurs first. flight cycles or 57,700 flight hours since first flight, whichever occurs first.

Note 1: To establish the average flight time, (3) If, during any inspection required by Other FAA AD Provisions take the accumulated flight time (counted paragraph (f)(1) of this AD, any cracking is (g) The following provisions also apply to from the take-off up to the landing) and found or if the edge distance is less than the this AD: divide by the number of accumulated flight distance specified in Airbus Mandatory (1) Alternative Methods of Compliance cycles. This gives the average flight time per Service Bulletin A310–53–2124, Revision 02, (AMOCs): The Manager, International flight cycle. dated May 22, 2008, before further flight, Branch, Transport Airplane Directorate, FAA, (2) For airplanes that have been modified contact Airbus and follow their corrective has the authority to approve AMOCs for this before the effective date of this AD in actions. AD, if requested using the procedures found accordance with Airbus Mandatory Service in 14 CFR 39.19. Send information to ATTN: Bulletin A310–53–2124, Revision 01, dated FAA AD Differences Tom Stafford, Aerospace Engineer, May 3, 2007: Within 500 flight cycles or 800 International Branch, ANM–116, Transport flight hours after the effective date of this AD, Note 2: This AD differs from the MCAI Airplane Directorate, FAA, 1601 Lind whichever occurs first, contact Airbus and and/or service information as follows: No Avenue, SW., Renton, Washington 98055– follow their corrective actions. differences. 4056; telephone (425) 227–1622; fax (425)

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227–1149. Before using any approved AMOC DEPARTMENT OF THE TREASURY PART 1—INCOME TAXES on any airplane to which the AMOC applies, notify your principal maintenance inspector Internal Revenue Service ■ Paragraph 1. The authority citation (PMI) or principal avionics inspector (PAI), for part 1 continues to read in part as as appropriate, or lacking a principal 26 CFR Part 1 follows: inspector, your local Flight Standards District Authority: 26 U.S.C. 7805 * * *. Office. The AMOC approval letter must specifically reference this AD. [TD 9456] ■ Par. 2. Section 1.482–1 is amended by (2) Airworthy Product: For any requirement revising the last sentence of paragraph in this AD to obtain corrective actions from RIN 1545–BI78, 1545–BI79, 1545–BI80 (d)(3)(v) to read as follows: a manufacturer or other source, use these actions if they are FAA-approved. Corrective Treatment of Services Under Section § 1.482–1 Allocation of income and actions are considered FAA-approved if they 482; Allocation of Income and deductions among taxpayers. are approved by the State of Design Authority Deductions From Intangible Property; * * * * * (or their delegated agent). You are required Apportionment of Stewardship (d) * * * to assure the product is airworthy before it Expense; Correction (3) * * * is returned to service. (v) * * * For guidance concerning the (3) Reporting Requirements: For any AGENCY: Internal Revenue Service (IRS), specific comparability considerations reporting requirement in this AD, under the Treasury. applicable to transfers of tangible and provisions of the Paperwork Reduction Act, ACTION: Correcting amendments. intangible property and performance of the Office of Management and Budget (OMB) services, see §§ 1.482–3 through 1.482– has approved the information collection SUMMARY: This document contains 6 and § 1.482–9; see also §§ 1.482–3(f), requirements and has assigned OMB Control corrections to final regulations (TD 1.482–4(f)(4), and 1.482–9(m), dealing Number 2120–0056. 9456) that were published in the with the coordination of intangible and Related Information Federal Register on Tuesday, August 4, tangible property and performance of 2009 (74 FR 38830) providing guidance (h) Refer to MCAI European Union services rules. Airworthiness Directive 2008–0212, dated regarding the treatment of controlled ■ Par. 3. Section 1.482–6 is amended by December 4, 2008; and Airbus Mandatory services transactions under section 482 revising the third sentence of paragraph Service Bulletin A310–53–2124, Revision 02, and the allocation of income from (c)(3)(i)(B)(1) to read as follows: dated May 22, 2008; for related information. intangible property, in particular with respect to contributions by a controlled § 1.482–6 Profit split method. Material Incorporated by Reference party to the value of intangible property * * * * * (i) You must use Airbus Mandatory Service owned by another controlled party. (c) * * * Bulletin A310–53–2124, Revision 02, dated These final regulations modify (3) * * * May 22, 2008, to do the actions required by regulations under section 861 (i) * * * this AD, unless the AD specifies otherwise. concerning stewardship expenses to be (B) * * * (1) The Director of the Federal Register consistent with the changes made to the (1) * * * Thus, in cases where such approved the incorporation by reference of guidance under section 482. nonroutine contributions are present, Airbus Service Bulletin A310–53–2124, there normally will be an unallocated Revision 02, dated May 22, 2008, under 5 DATES: This correction is effective on residual profit after the allocation of U.S.C. 552 (a) and 1 CF part 51. September 9, 2009, and is applicable on income described in paragraph (2) For service information identified in August 4, 2009. (c)(3)(i)(A) of this section. * * * this AD, contact Airbus SAS—EAW FOR FURTHER INFORMATION CONTACT: ■ Par. 4. Section 1.482–8 is amended by (Airworthiness Office), 1 Rond Point Maurice Carol B. Tan or Gregory A. Spring, (202) revising the second sentence of Bellonte, 31707 Blagnac Cedex, France; 435–5265 for matters relating to section telephone +33 5 61 93 36 96; fax +33 5 61 paragraph (b) Example 10. (iv) to read as 482, or Richard L. Chewning, (202) 622– follows: 93 44 51; e-mail: account.airworth- 3850 for matters relating to stewardship [email protected]; Internet http:// expenses (not toll-free numbers). § 1.482–8 Examples of the best method www.airbus.com. rule. (3) You may review copies of the service SUPPLEMENTARY INFORMATION: * * * * * information at the FAA, Transport Airplane Background Directorate, 1601 Lind Avenue, SW., Renton, (b) * * * Washington. For information on the The final regulations that are the Example 10. *** availability of this material at the FAA, call subject of this document are under (iv) * * * A functional analysis indicates 425–227–1221 or 425–227–1152. sections 482, 861, 6038, and 6662 of the that USSub’s activities to promote Product Y (4) You may also review copies of the Internal Revenue Code. in year 4 are similar to activities performed service information that is incorporated by by Agency A during years 1 through 3 under reference at the National Archives and Need for Correction the contract with USSub. * * * Records Administration (NARA). For As published, the final regulations * * * * * information on the availability of this (TD 9456) contain errors that may prove ■ Par. 5. Section 1.482–9 is amended as material at NARA, call 202–741–6030, or go to be misleading and are in need of to: http://www.archives.gov/federal_register/ follows: clarification. ■ code_of_federal_regulations/ 1. The last sentence of paragraph ibr_locations.html. List of Subjects in 26 CFR Part 1 (b)(8) Example 22. (i) is revised. ■ 2. Paragraphs (b)(8) Example 23. (ii) Issued in Renton, Washington, on August Income taxes, Reporting and second occurrence, (b)(8) Example 23. 24, 2009. recordkeeping requirements. (iii), and (b)(8) Example 23. (iv) are Ali Bahrami, Correction of Publication redesignated as paragraphs (b)(8) Manager, Transport Airplane Directorate, Example 23. (iii), (b)(8) Example 23. Aircraft Certification Service. ■ Accordingly, 26 CFR part 1 is (iv), and (b)(8) Example 23. (v). [FR Doc. E9–21147 Filed 9–8–09; 8:45 am] corrected by making the following ■ 3. The table of paragraph (e)(4) BILLING CODE 4910–13–P correcting amendments: Example 4. (ii) is revised.

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■ 4. The last sentence of paragraph (g)(2) Example 22. (i) * * * Company P’s total (g) * * * Example 2. (iii) is revised. services cost for services A, B, C, and D (2) * * * charged within the group is 100. ■ 5. The table of paragraph (k)(3) Example 2. *** * * * * * Example 2. (iii) is revised. (iii) * * * In an effort to submit a winning (e) * * * bid to secure the contract, Company B points The revisions read as follows: (4) * * * to its Level 2 license and its record of successful completion of projects, and also § 1.482–9 Methods to determine taxable Example 4. *** demonstrates to Country 2 government that it income in connection with a controlled (ii) * * * has access to substantial technical expertise services transaction. pertaining to processing of Level 1 waste. Category Rate * * * * * * * * * * (b) * * * Project managers ...... $100 per hour. (k) * * * (8) * * * Technical staff ...... $75 per hour. (3) * * * Example 2. *** * * * * * (iii) * * *

Company A B Total

Allocation ...... 400/500 100/500 ...... Amount ...... 80 20 100

* * * * * SUMMARY: This document contains Services Under Section 482; Allocation ■ Par. 6. Section 1.861–8 is amended by corrections to final regulations (TD of Income and Deductions From revising the fourth sentence of 9456) that were published in the Intangible Property; Stewardship paragraph (g). Example 17. (ii)(A) to Federal Register on Tuesday, August 4, Expense’’ is corrected to read read as follows: 2009 (74 FR 38830) providing guidance ‘‘Treatment of Services Under Section regarding the treatment of controlled 482; Allocation of Income and § 1.861–8 Computation of taxable income services transactions under section 482 Deductions From Intangible Property; from sources within the United States and and the allocation of income from Apportionment of Stewardship from other sources and activities. intangible property, in particular with Expense’’. * * * * * respect to contributions by a controlled 2. On page 38830, column 3, in the (g) * * * party to the value of intangible property preamble, under the paragraph heading owned by another controlled party. ‘‘Background’’, first paragraph of the Example 17. *** These final regulations modify column, third line from the bottom of (ii) * * * regulations under section 861 the paragraph, the language ‘‘years after (A) * * * For purposes of applying the foreign tax credit limitation, the statutory concerning stewardship expenses to be December 31, 2006) as the’’ is corrected grouping is general category gross income consistent with the changes made to the to read ‘‘years beginning after December from sources without the United States and guidance under section 482. 31, 2006) as the’’. the residual grouping is gross income from DATES: This correction is effective on 3. On page 38832, column 1, in the sources with in the United States. * * * September 9, 2009, and is applicable on preamble, under the paragraph heading * * * * * August 4, 2009. ‘‘e. Business Judgment Rule’’, first FOR FURTHER INFORMATION CONTACT: paragraph, eleventh line, the language LaNita Van Dyke, Carol B. Tan or Gregory A. Spring, (202) ‘‘one or more trades or business of the’’ Chief, Publications and Regulations Branch, 435–5265 for matters relating to section is corrected to read ‘‘one or more trades Legal Processing Division, Associate Chief 482, or Richard L. Chewning, (202) 622– or businesses of the’’. Counsel (Procedure and Administration). 4. On page 38833, column 1, in the 3850 for matters relating to stewardship [FR Doc. E9–21226 Filed 9–8–09; 8:45 am] preamble, under the paragraph heading expenses (not toll-free numbers). BILLING CODE 4830–01–P ‘‘g. Shared Services Arrangements’’, SUPPLEMENTARY INFORMATION: second paragraph, fifth line, the Background language ‘‘under an SSA to the service DEPARTMENT OF THE TREASURY The final regulations that are the provider’’ is corrected to read ‘‘under a subject of this document are under SSA to the service provider’’. Internal Revenue Service 5. On page 38835, column 2, in the sections 482, 861, 6038, and 6662 of the Internal Revenue Code. preamble, under the paragraph heading 26 CFR Part 1 ‘‘7. Controlled Services Transactions [TD 9456] Need for Correction and Shareholder Activities—Treas. Reg. As published, the final regulations § 1.482–9(l)’’, second paragraph of the RIN 1545–BI78, 1545–BI79, 1545–BI80 (TD 9456) contain errors that may prove column, lines 1 and 2 from the bottom of the paragraph, the language Treatment of Services Under Section to be misleading and are in need of ‘‘aggregate activity; rather than a 482; Allocation of Income and clarification. component activity-by-activity basis.’’ is Deductions From Intangible Property; Correction of Publication corrected to read ‘‘aggregate-activity Apportionment of Stewardship Accordingly, the publication of the basis; rather than a component activity- Expense; Correction final regulations (TD 9456), which was by-activity basis.’’. AGENCY: Internal Revenue Service (IRS), the subject of FR Doc. E9–18326, is 6. On page 38835, column 3, in the Treasury. corrected as follows: preamble, under the paragraph heading 1. On page 38830, column 1, in the ‘‘b. Global Dealing Operations’’, last line ACTION: Correction to final regulations. title, the language ‘‘Treatment of of the paragraph, the language ‘‘of global

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dealing regulations.’’ is corrected to read result in a gift tax deficiency or a tax entities a collection of information ‘‘of new global dealing regulations.’’. overpayment. The new procedure requirement, the Regulatory Flexibility 7. On page 38837, column 1, in the applies, for example, where an increase Act (5 U.S.C. chapter 6) does not apply. first paragraph heading, the language in gift tax determined under section Pursuant to section 7805(f) of the Code, ‘‘D. Stewardship Expenses—§ 1.861–8’’ 2502 is offset by the taxpayer’s the notice of proposed rulemaking is corrected to read ‘‘D. Apportionment applicable credit amount under section preceding this regulation was submitted of Stewardship Expenses—§ 1.861–8’’. 2505(a), so that no additional tax is to the Chief Counsel for Advocacy of the assessed as a result of a valuation Small Business Administration for LaNita Van Dyke, increase. Because there is no tax comment on its impact on small Chief, Publications and Regulations Branch, deficiency, in the absence of section business. Legal Processing Division, Associate Chief 7477, the taxpayer would be unable to Counsel (Procedure and Administration). challenge the IRS determination, even Drafting Information [FR Doc. E9–21227 Filed 9–8–09; 8:45 am] though, upon the expiration of the The principal authors of these final BILLING CODE 4830–01–P statute of limitations, that determination regulations are Deborah Ryan and Juli would become binding for purposes of Ro Kim, Office of the Associate Chief calculating the cumulative gift tax on all Counsel (Passthroughs and Special DEPARTMENT OF THE TREASURY future gifts of that taxpayer, as well as Industries), IRS. Other personnel from Internal Revenue Service the taxpayer’s estate tax liability. See the IRS and the Treasury Department H.R. Conf. Rep. No. 105–220, at 407–408 participated in their development. 26 CFR Part 301 (1997). On June 9, 2008, proposed regulations List of Subjects in 26 CFR Part 301 [TD 9460] under section 7477 were published in Employment taxes, Estate taxes, RIN 1545–BD67 the Federal Register (REG–143716–04, Excise taxes, Gift taxes, Income taxes, 73 FR 32503, 2008–25 IRB 1170). The Penalties, Reporting and recordkeeping Declaratory Judgments—Gift Tax IRS received no written or oral requirements. Determinations comments responding to the notice of Adoption of Amendments to the proposed rulemaking. No public hearing Regulations AGENCY: Internal Revenue Service (IRS), was requested or held. Treasury. The final regulations include a few ■ Accordingly, 26 CFR part 301 is ACTION: Final regulations. clarifications. In particular, under amended as follows: section 7477, in order to be eligible for SUMMARY: This document contains final the declaratory judgment procedure, the PART 301—PROCEDURE AND regulations under section 7477 of the Tax Court must determine that the ADMINISTRATION Internal Revenue Code (Code) regarding donor exhausted all administrative ■ Paragraph 1. The authority citation petitions filed with the United States remedies. In general, the proposed Tax Court for declaratory judgments for part 301 continues to read in part as regulations provide that the IRS will follows: with respect to the valuation of gifts. consider a donor to have exhausted all Changes to the applicable law were administrative remedies if an Appeals Authority: 26 U.S.C. 7805 * * * made by section 506(c)(1) of the conference is requested timely and the ■ Taxpayer Relief Act of 1997. These final Par. 2. Section 301.7477–1 is revised donor (or an authorized representative) to read as follows: regulations primarily affect individuals ‘‘participates fully’’ in the Appeals who are donors of gifts. The final process. The final regulations contain a § 301.7477–1 Declaratory judgments regulations provide rules for separate subsection specifying that full relating to the value of certain gifts for gift determining whether a donor may participation requires timely submission tax purposes. petition the Tax Court for a of requested information and disclosure (a) In general. If the adjustment(s) determination regarding the value of a of all relevant information regarding the proposed by the Internal Revenue gift, including guidance regarding the controversy. In addition, a provision has Service (IRS) will not result in any definition of ‘‘exhaustion of been added specifying that, if Appeals deficiency in or refund of the donor’s administrative remedies.’’ does not grant the donor’s request for a gift tax liability for the calendar year, DATES: Effective date: These regulations conference, the donor will be treated as and if the requirements contained in are effective September 9, 2009. having exhausted all administrative paragraph (d) of this section are Applicability date: For the date of remedies if, after filing a Tax Court satisfied, then the declaratory judgment applicability, see § 301.7477–1(f). petition for a declaratory judgment, the procedure under section 7477 is FOR FURTHER INFORMATION CONTACT: donor (or authorized representative) available to the donor for determining Deborah S. Ryan or George Masnik (202) participates fully in the Appeals office the amount of one or more of the 622–3090 (not a toll free number). consideration when offered by the IRS donor’s gifts during that calendar year while the case is in docketed status. for Federal gift tax purposes. Background (b) Declaratory judgment procedure— Section 7477, enacted in conjunction Special Analyses (1) In general. If a donor does not with other provisions as part of the It has been determined that this resolve a dispute with the IRS Taxpayer Relief Act of 1997 (TRA) (Pub. Treasury decision is not a significant concerning the value of a transfer for gift L. 105–34, 111 Stat. 855), provides a regulatory action as defined in tax purposes at the Examination level, declaratory judgment procedure Executive Order 12866. Therefore, a the donor will be sent a notice of pursuant to which taxpayers may regulatory assessment is not required. It preliminary determination of value contest in the United States Tax Court also has been determined that section (Letter 950–G or such other document as an IRS determination regarding the 553(b) of the Administrative Procedure may be utilized by the IRS for this value of a gift. Prior law did not provide Act (5 U.S.C. chapter 5) does not apply purpose from time to time, but referred a judicial remedy in situations where to these regulations and, because these to in this section as Letter 950–G), the proposed IRS adjustment would not regulations do not impose on small inviting the donor to file a formal

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protest and to request consideration by (2) Reporting. The transfer is shown provided in paragraphs (d)(4)(iii) and the appropriate IRS Appeals office. See or disclosed on the return of tax (iv) of this section), the donor, or a §§ 601.105 and 601.106 of this chapter. imposed by chapter 12 for the calendar qualified representative of the donor Subsequently, the donor will be sent a year during which the transfer was described in § 601.502 of this chapter, notice of determination of value (Letter made or on a statement attached to such timely requests consideration by 3569, or such other document as may be return. For purposes of this paragraph Appeals and participates fully (within utilized from time to time by the IRS for (d)(2), the term return of tax imposed by the meaning of paragraph (d)(4)(vi) of this purpose in cases where no chapter 12 means the last gift tax return this section) in the Appeals deficiency or refund would result, but (Form 709, ‘‘United States Gift (and consideration process. A timely request referred to in this section as Letter 3569) Generation-skipping Transfer) Tax for consideration by Appeals is a if— Return’’ or such other form as may be written request from the donor for (i) The donor requests Appeals utilized for this purpose from time to Appeals consideration made within 30 consideration in writing within 30 time by the IRS) for the calendar year days after the mailing date of the Letter calendar days after the mailing date of filed on or before the due date of the 950–G, or by such later date for the Letter 950–G, or by such later date return, including extensions granted if responding to the Letter 950–G as is as determined pursuant to IRS any, or, if a timely return is not filed, agreed to between the donor and the procedures, and the matter is not the first gift tax return for that calendar IRS. resolved by Appeals; year filed after the due date. For (iii) Request for Appeals office (ii) The donor does not request purposes of satisfying this requirement, consideration not granted. If the donor, Appeals consideration within the time the transfer need not be reported in a or a qualified representative of the provided in paragraph (b)(1)(i) of this manner that constitutes adequate donor described in § 601.502 of this section; or disclosure within the meaning of chapter, timely requests consideration (iii) The IRS does not issue a Letter § 301.6501(c)–1(e) or (f) (and thus for by Appeals and Appeals does not grant 950–G in circumstances described in which, under §§ 20.2001–1(b) and that request, the IRS nevertheless will paragraph (d)(4)(iv) of this section. 25.2504–2(b) of this chapter, the period consider the donor to have exhausted all (2) Notice of determination of value. during which the IRS may adjust the administrative remedies within the IRS The Letter 3569 will notify the donor of value of the gift will not expire). The for purposes of section 7477 upon the the adjustment(s) proposed by the IRS, issuance of a Letter 3569 with regard to issuance of the Letter 3569, provided and will advise the donor that the donor a transfer disclosed on a return does not that the donor, or a qualified may contest the determination made by constitute a determination by the IRS representative of the donor described in the IRS by filing a petition with the Tax that the transfer was adequately § 601.502 of this chapter, after the filing Court before the 91st day after the date disclosed, or otherwise cause the period of a petition in Tax Court for a on which the Letter 3569 was mailed to of limitations on assessment to declaratory judgment pursuant to the donor by the IRS. commence to run with respect to that section 7477, participates fully (within (3) Tax Court petition. If the donor transfer. In addition, in the case of a the meaning of paragraph (d)(4)(vi) of does not file a timely petition with the transfer that is shown on the return, the this section) in the Appeals office Tax Court, the IRS determination as set IRS may in its discretion defer until a consideration if offered by the IRS while forth in the Letter 3569 will be later time making a determination with the case is in docketed status. considered the final determination of regard to such transfer. If the IRS (iv) No Letter 950–G issued. If the IRS value, as defined in sections 2504(c) and exercises its discretion to defer such does not issue a Letter 950–G to the 2001(f). If the donor files a timely determination in that case, the transfer donor prior to the issuance of Letter petition with the Tax Court, the Tax will not be addressed in the Letter 3569 3569, the IRS nevertheless will consider Court will determine whether the donor (if any) sent to the donor currently, and the donor to have exhausted all has exhausted available administrative the donor is not yet eligible for a administrative remedies within the IRS remedies. Under section 7477, the Tax declaratory judgment with regard to that for purposes of section 7477 upon the Court is not authorized to issue a transfer under section 7477. issuance of the Letter 3569, provided declaratory judgment unless the Tax (3) IRS determination and actual that— Court finds that the donor has controversy. The IRS makes a (A) The IRS decision not to issue the exhausted all administrative remedies determination regarding the gift tax Letter 950–G was not due to actions or within the IRS. See paragraph (d)(4) of treatment of the transfer that results in inactions of the donor (such as a failure this section regarding the exhaustion of an actual controversy. The IRS makes a to supply requested information or a administrative remedies. determination that results in an actual current mailing address to the Area (c) Adjustments subject to declaratory controversy with respect to a transfer by Director having jurisdiction over the tax judgment procedure. The declaratory mailing a Letter 3569 to the donor, matter); and judgment procedures set forth in this thereby notifying the donor of the (B) The donor, or a qualified section apply to adjustments involving adjustment(s) proposed by the IRS with representative of the donor described in all issues relating to the transfer, regard to that transfer and of the donor’s § 601.502 of this chapter, after the filing including without limitation valuation rights under section 7477. of a petition in Tax Court for a issues and legal issues involving the (4) Exhaustion of administrative declaratory judgment pursuant to interpretation and application of the gift remedies—(i) In general. The Tax Court section 7477, participates fully (within tax law. determines whether the donor has the meaning of paragraph (d)(4)(vi) of (d) Requirements for declaratory exhausted all administrative remedies this section) in the Appeals office judgment procedure—(1) In general. available within the IRS for resolving consideration if offered by the IRS while The declaratory judgment procedure the controversy. the case is in docketed status. provided in this section is available to (ii) Appeals office consideration. For (v) Failure to agree to extension of a donor with respect to a transfer only purposes of this section, the IRS will time for assessment. For purposes of if all the requirements of paragraphs consider a donor to have exhausted all section 7477, the donor’s refusal to (d)(2) through (5) of this section with administrative remedies if, prior to agree to an extension of the time under regard to that transfer are satisfied. filing a petition in Tax Court (except as section 6501 within which gift tax with

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respect to the transfer at issue (if any) 3569). For purposes of section 7477, the IRS examination, the IRS concurs with the may be assessed will not be considered will consider D to have exhausted all reported valuation of the stock options, but by the IRS to constitute a failure by the available administrative remedies within the concludes that the reported transfer is not a donor to exhaust all administrative IRS, and thus will not contest the allegation completed gift for Federal gift tax purposes. in D’s petition that D has exhausted all such D is unable to resolve the matter with the IRS remedies available to the donor within administrative remedies. examiner. The IRS sends a Letter 950–G to the IRS. Example 2. Exhaustion of administrative D, who timely mails a written request for (vi) Participation in Appeals remedies. Assume the same facts as in Appeals consideration. Assuming that the consideration process. For purposes of Example 1, except that D does not timely IRS mails to D a Letter 3569 with regard to this section, the donor or a qualified request consideration by Appeals after this transfer, and that D complies with the representative of the donor described in receiving the Letter 950–G. A Letter 3569 is administrative procedures set forth in this § 601.502 of this chapter participates mailed to D more than 30 days after the section, including the exhaustion of all fully in the Appeals consideration mailing of the Letter 950–G and prior to the administrative remedies available within the process if the donor or the qualified expiration of the period of limitations for IRS, then D may file a petition for declaratory assessment of gift tax. D timely files a representative timely submits all judgment with the Tax Court pursuant to petition in Tax Court pursuant to section section 7477. information related to the transfer that 7477. After the case is docketed, D requests Example 5. Transfers in controversy. On is requested by the IRS in connection Appeals consideration. In this situation, April 16, 2007, D timely files a Form 709 on with the Appeals consideration and because D did not respond timely to the which D reports gifts made in 2006 of discloses to the Appeals office all Letter 950–G with a written request for fractional interests in certain real property relevant information regarding the Appeals consideration, the IRS will not and of interests in a family limited controversy to the extent such consider D to have exhausted all partnership (FLP). However, although the information and its relevance is known administrative remedies available within the gifts are disclosed on the return, the return IRS for purposes of section 7477 prior to does not contain information sufficient to or should be known by the donor or the filing the petition in Tax Court, and thus may qualified representative during the time constitute adequate disclosure under contest any allegation in D’s petition that D § 301.6501(c)–1(e) or (f) for purposes of the the issue is under consideration by has exhausted all such administrative application of the statute of limitations on Appeals. remedies. assessment of gift tax with respect to the (5) Timely petition in Tax Court. The Example 3. Exhaustion of administrative reported gifts. The IRS conducts an donor files a pleading with the Tax remedies. D timely files a Form 709 on which examination and concludes that the value of Court requesting a declaratory judgment D reports D’s completed gifts of interests in both the interests in the real property and the under section 7477. This pleading must a family limited partnership. After FLP interests on the date(s) of the transfers be filed with the Tax Court before the conducting an examination, the IRS proposes are greater than the values reported on the 91st day after the date of mailing of the to adjust the value of the gifts as reported on return. No gift tax deficiency will result from the return. No gift tax deficiency will result the adjustments because D has a sufficient Letter 3569 by the IRS to the donor. The from the adjustments, however, because D pleading must be in the form of a amount of remaining applicable credit has a sufficient amount of available amount under section 2505. However, D does petition subject to Tax Court Rule applicable credit amount under section 2505. not agree with the adjustments. The IRS 211(d). D declines to consent to extend the time for sends a Letter 950–G to D informing D of the (e) Examples. The following examples the assessment of gift tax with respect to the proposed adjustments in the value of the illustrate the provisions of this section, gifts at issue. Because of the pending reported gifts. D, within 30 calendar days and assume that in each case the Tax expiration of the period of limitation on after the mailing date of the letter, submits Court petition is filed on or after assessment within which a gift tax, if any, a written request for Appeals consideration. September 9, 2009. could be assessed, the IRS determines that The Appeals office and D are unable to reach These examples, however, do not there is not adequate time for Appeals an agreement regarding the value of any of consideration. Accordingly, the IRS mails to the gifts. In the exercise of its discretion, the address any other situations that might D a Letter 3569, even though a Letter 950– affect the Tax Court’s jurisdiction over IRS decides to resolve currently only the G had not first been issued to D. D timely value of the real property interests, and to the proceeding: files a petition in Tax Court pursuant to defer the resolution of the value of the FLP Example 1. Exhaustion of administrative section 7477. After the case is docketed in interests. On May 28, 2009, the Appeals remedies. The donor (D) timely files a Form Tax Court, D is offered the opportunity for office sends D a Letter 3569 addressing only 709, ‘‘United States Gift (and Generation- Appeals to consider any dispute regarding the value of the gifts of interests in the real Skipping Transfer) Tax Return,’’ on which D the determination and participates fully in property. Because none of the gifts reported reports D’s completed gift of closely held the Appeals consideration process. However, on the return filed on April 16, 2007 were stock. After conducting an examination, the the Appeals office and D are unable to adequately disclosed for purposes of IRS concludes that the value of the stock on resolve the issue. The IRS will consider D to § 301.6501(c)–1(e) or (f), the period of the date of the gift is greater than the value have exhausted all administrative remedies limitations during which the IRS may adjust reported on the return. Because the amount available within the IRS, and thus will not the value of those gifts has not begun to run. of D’s available applicable credit amount assert that D has not exhausted all such Accordingly, the Letter 3569 is timely under section 2505 is sufficient to cover any administrative remedies. mailed. If D timely files a petition in Tax resulting tax liability, no gift tax deficiency Example 4. Legal issue. D transfers Court pursuant to section 7477 with regard will result from the adjustment. D is unable nonvested stock options to a trust for the to the value of the interests in the real to resolve the matter with the IRS examiner. benefit of D’s child. D timely files a Form 709 property, then, assuming the other The IRS sends a Letter 950–G to D informing reporting the transfer as a completed gift for requirements of section 7477 are satisfied D of the proposed adjustment. D, within 30 Federal gift tax purposes and complies with with regard to those interests, the Tax Court’s calendar days after the mailing date of the the adequate disclosure requirements for declaratory judgment, once it becomes final, letter, submits a written request for Appeals purposes of triggering the commencement of will determine the value of the gifts of the consideration. During the Appeals process, D the applicable statute of limitations. Pursuant interests in the real property. Because the IRS provides to the Appeals office all additional to § 301.6501(c)–1(f)(5), adequate disclosure has not yet put the gift tax value of the information (if any) requested by Appeals of a transfer that is reported as a completed interests in the FLP into controversy, the relevant to the determination of the value of gift on the Form 709 will commence the procedure under section 7477 is not yet the stock in a timely fashion. The Appeals running of the period of limitations for available with regard to those gifts. office and D are unable to reach an agreement assessment of gift tax on D, even if the regarding the value of the stock as of the date transfer is ultimately determined to be an (f) Effective/applicability date. This of the gift. The Appeals office sends D a incomplete gift for purposes of § 25.2511–2 of section applies to civil proceedings notice of determination of value (Letter this chapter. After conducting an described in section 7477 filed in the

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United States Tax Court on or after rule is approved by the Director of the Standards; Personal Protective September 9, 2009. Federal Register as of October 9, 2009. Equipment.’’ The NPRM set July 16, 2007, as a deadline for submitting Linda E. Stiff, FOR FURTHER INFORMATION CONTACT: General information and press inquiries: comments and for requesting an Deputy Commissioner for Services and informal public hearing on the proposed Enforcement. Contact Jennifer Ashley, Director, OSHA rule. The Agency received Approved: August 26, 2009. Office of Communications, Room N– 3647, U.S. Department of Labor, 200 approximately 25 comments and 4 Michael Mundaca, Constitution Avenue, NW., Washington, requests for an informal public hearing. Assistant Secretary of the Treasury (Tax DC 20210; telephone: (202) 693–1999. OSHA then published a Federal Policy). Technical inquiries: Contact Ted Register notice scheduling an informal [FR Doc. E9–21458 Filed 9–8–09; 8:45 am] Twardowski, Directorate of Standards public hearing for December 4, 2007 (72 BILLING CODE 4830–01–P and Guidance, Room N–3609, OSHA, FR 50302). The informal public hearing U.S. Department of Labor, 200 took place as scheduled, and OSHA Constitution Avenue, NW., Washington, received testimony from nine witnesses. DEPARTMENT OF LABOR DC 20210; telephone: (202) 693–2070; Thomas M. Burke, Administrative Law fax: (202) 693–1663. Judge, presided at the hearing. At the Occupational Safety and Health Copies of this Federal Register notice. end of the hearing, Judge Burke set Administration Electronic copies of this Federal deadlines of January 3, 2008, for Register notice are available at http:// submission of post-hearing comments, 29 CFR Parts 1910, 1915, 1917, and www.regulations.gov. This Federal and February 4, 2008, for the 1918 Register notice, as well as news releases submission of final summations and [Docket No. OSHA–2007–0044] and other relevant information, are also briefs. Judge Burke closed and certified available at OSHA’s Web page at http:// the record for this rulemaking on June RIN 1218–AC08 www.osha.gov. 23, 2008. Updating OSHA Standards Based on SUPPLEMENTARY INFORMATION: B. Revisions to the PPE Provisions of the National Consensus Standards; Table of Contents OSHA Standards Personal Protective Equipment I. Summary and Explanation of the Final 1. Background of OSHA’s PPE AGENCY: Occupational Safety and Health Rule Standards Administration (OSHA), Department of A. General Background Subpart I of OSHA’s general industry Labor. B. Revisions to the PPE Provisions of the standards contains design requirements ACTION: Final rule. OSHA Standards C. Discussion of Comments and Hearing for eye- and face-protective devices, head protection, and foot protection. SUMMARY: OSHA is issuing this final Testimony (See 29 CFR 1910.133, 1910.135, rule to revise the personal protective D. Summary of the Final Rule II. Procedural Determinations 1910.136.) OSHA has similar equipment (PPE) sections of its general A. Legal Considerations requirements in subpart I of part 1915 industry, shipyard employment, B. Final Economic Analysis and Regulatory (Shipyard Employment), subpart E of longshoring, and marine terminals Flexibility Act Certification part 1917 (Marine Terminals), and standards regarding requirements for C. OMB Review Under the Paperwork subpart J of part 1918 (Longshoring). eye- and face-protective devices, head Reduction Act of 1995 These rules require that the specified protection, and foot protection. OSHA is D. Federalism PPE comply with national consensus updating the references in its E. State-Plan States standards incorporated by reference into regulations to recognize more recent F. Unfunded Mandates Reform Act the OSHA standards, unless the editions of the applicable national III. Authority and Signature employer demonstrates that a piece of consensus standards, and is deleting I. Summary and Explanation of the equipment is as effective as equipment editions of the national consensus Final Rule that complies with the incorporated standards that PPE must meet if national consensus standard. (See, e.g., purchased before a specified date. In A. General Background 29 CFR 1910.133(b)(1).) 1 These design addition, OSHA is amending its As discussed in a previous Federal provisions are part of comprehensive provision that requires safety shoes to Register document (69 FR 68283), requirements to ensure that employees comply with a specific American OSHA is undertaking a series of projects use PPE that will protect them from National Standards Institute (ANSI) to update its standards to incorporate hazards in the workplace. standard, and a provision that requires the latest versions of national consensus The incorporated ANSI standards are filter lenses and plates in eye-protective and industry standards. These projects over a decade old and, in some equipment to meet a test for include updating or revoking national instances, are two decades old. Over transmission of radiant energy specified consensus and industry standards this period, ANSI updated all of the by another ANSI standard. In amending referenced in existing OSHA standards, standards, and, in one instance (i.e., the these paragraphs, OSHA will require updating regulatory text of standards this safety equipment to comply with adopted directly by OSHA from the 1 The general industry and shipyard employment the applicable PPE design provisions. language of outdated consensus standards expressly allow employers to use PPE These revisions are a continuation of standards, and, when appropriate, that is as protective as PPE constructed in OSHA’s effort to update or remove replacing specific references to outdated accordance with the incorporated standards. OSHA references to specific consensus and uses its de minimis policy to allow employers national consensus and industry covered by the longshoring and marine terminals industry standards located throughout standards with performance-oriented standards to use PPE that is as protective as PPE its standards. requirements. constructed in accordance with the incorporated DATES: This final rule will become On May 17, 2007, OSHA published a standards. (See OSHA Instruction CPL 2.103, ‘‘Field Inspection Reference Manual,’’ Chapter III.C.2.g; effective on October 9, 2009. Notice of Proposed Rulemaking (NPRM) and memorandum from Richard Fairfax, Director, The incorporation by reference of (72 FR 27771) entitled ‘‘Updating OSHA Directorate of Enforcement Programs to Regional specific publications listed in this final Standards Based on National Consensus Administrators (June 19, 2006).)

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ANSI Z41 standard for protective The proposed rule also deleted a Carolina Department of Labor, footwear), ANSI withdrew its standard paragraph in § 1910.94 and another Occupational Safety and Health when ASTM adopted a national paragraph in § 1910.252, which Division (Ex. –0034); NIOSH (Ex. consensus standard for protective reference, respectively, specific versions –0037)). All witnesses who participated footwear. In response, manufacturers of American National Standards at the hearing testified in opposition to began manufacturing PPE that conforms Institute (ANSI) standards on foot the proposed good-design approach. with the updated ANSI and ASTM protection and eye- and face-protective (See Ex. OSHA–2007–0044–0059.) standards. As a result, employers and devices. OSHA explained that, in In general, the commenters noted that employees have difficulty obtaining PPE deleting these references, the relevant the proposal was confusing, (e.g., AFL– manufactured in accordance with the design provisions of the general CIO (Ex. OSHA–2007–0044–0023)), that national consensus standards industry PPE standard would apply to it removed a ‘‘baseline’’ level of incorporated earlier in OSHA standards. these types of PPE. protection from the standards, (see, e.g., OSHA estimates that these types of PPE ISEA (Ex. –0025)), that the criteria C. Discussion of Comments and Hearing defining a good-design standard were last about two to four years. (See OSHA Testimony Docket S–060, ‘‘Preliminary Regulatory too vague and subjective, (see, e.g., Impact & Regulatory Flexibility Analysis 1. Updating References to Consensus ASSE, Tr. at 84–85), and that the of the Personal Protective Equipment Standards proposal could result in less employee Standard,’’ Table IV–2 (U.S. Department Commenters universally agreed with protection (see, e.g., U.S. Safety (Ex. –0024)). In addition, the AFL–CIO of Labor, OSHA, Office of Regulatory OSHA’s proposal to update the asserted that OSHA could alleviate the Analysis, June 30, 1989).) references to national consensus administrative and practical difficulties standards. However, a significant 2. Updating OSHA’s PPE Standards associated with outdated national majority, including employee consensus standards by updating the In the past, OSHA updated its PPE representatives, PPE manufacturers, and OSHA standards through direct-final standards by revising them to safety professionals opposed the rulemaking. (See Ex. OSHA–2007– incorporate recent versions of the proposed replacement of specific 0044–0023; Tr. 95–96.) national consensus standards, while references to national consensus OSHA believes that, for the most part, leaving the earlier versions of these standards in the regulatory text with a these and other criticisms of the national consensus standards in the performance-oriented good-design proposal represent a misunderstanding regulatory text. (See 59 FR 16360 (April requirement and a nonmandatory of the proposal or overstate the effects 6, 1994).) This action temporarily appendix. (See, e.g., AFL–CIO (OSHA– of the proposed good-design alleviated the problem of trying to 2007–0044–0023); U.S. Safety (Ex. requirement. For example, numerous obtain PPE manufactured in accordance –0024); International Safety Equipment commenters noted that the proposed with an earlier version of a national Association (ISEA) (Ex. –0025); rule eliminated a baseline level of PPE consensus standard, but it ensured that American Society of Safety Engineers protection. (See, e.g., ISEA (Ex. OSHA– the problem would arise again as the (ASSE) (Ex. –0029); see also 3M 2007–0044–0025) and ASSE (Tr. at 84– later versions of the standards Company (Ex. –0026) (expressing 85).) These concerns appear to overlook superseded the newly incorporated support for performance-oriented the provision in the proposal that versions. To alleviate this problem, approach, but recommending that required the PPE to provide protection OSHA proposed to replace the appendices be mandatory and that equivalent to or greater than PPE that references to specific national OSHA only list ANSI and ASTM was constructed in accordance with one consensus standards with a standards as good-design standards at of the national consensus standards performance-oriented ‘‘good-design’’ this time).) A few trade associations listed in the nonmandatory appendices, requirement. (72 FR 27771.) The representing employers generally which included national consensus proposed rule provided guidance on supported the proposal’s performance- standards already incorporated into the how employers could meet the good- oriented approach, but also noted the OSHA standards. (See, e.g., proposed design requirement. It also included widespread use of PPE that meets ANSI § 1910.133(b)(2) in 72 FR 27775.) nonmandatory appendices listing those and ASTM standards and, in one case, Several commenters expressed national consensus standards that the need to ensure that other ‘‘good concern that allowing employers to OSHA had determined were good- design standards’’ were developed using select PPE that provided protection design standards that would meet the a process comparable to the processes equivalent to PPE constructed in good-design requirement. To ensure that ANSI and ASTM use. (See National accordance with a listed ANSI standard the appendices remained useful in the Grain and Feed Association and Grain was subject to abuse. (See ISEA (Tr. at future, OSHA promised in the proposal Elevator and Processing Society (Ex. 40–41); ASSE (Ex. OSHA–2007–0044– to use direct-final rulemaking to OSHA–2007–0044–0027); American 0029) and (Tr. at 79).) Although OSHA incorporate future editions of consensus Bakers Association (Ex. –0028); National cannot rule out the possibility that standards into the nonmandatory Automobile Dealers Association employers could incorrectly claim that appendices. The proposed rule also (NADA) (Ex. –0047; see, also, PPE constructed in accordance with a deleted older, out-of-date consensus International Association of Drilling non-ANSI design standard provides an standards that OSHA had incorporated Contractors (Ex. –0022) (expressing appropriate level of protection, the into its standards to allow employers to concerns with the proposal, but Agency notes that, in the case of the continue using PPE they had purchased apparently implicitly endorsing the current general industry and shipyard before a specified date. OSHA noted performance-oriented approach).) Three employment PPE provisions, employers that the proposed rule did not alter the government agencies commented on the could make the same claim. (See, e.g., duties of employers because it only proposal. All three supported updating 29 CFR 1910.133(b)(2).) provided employers with additional the out-of-date standards. (See Kentucky Finally, a few commenters remarked options for meeting their duty under the Department of Labor, Office of that employee protection may decrease design-criteria provisions of OSHA’s Occupational Safety and Health (Ex. because OSHA, at a later date, could existing PPE standards. OSHA–2007–0044–0021); North approve, for inclusion in the

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nonmandatory appendices, a design edition of ANSI Z89.1 (see Ex. OSHA– 3. Deleting Outdated References From standard that did not provide an 2007–0044–0025). Beginning with the Ventilation and Welding Standards adequate level of protection. (See, e.g., ANSI Z89.1–1997 standard, ANSI OSHA did not receive any comments ASSE (Ex. OSHA–2007–0044–0029, and updated the classification system for on its proposal to delete paragraph Tr. at 79).) These commenters, however, protective helmets. In this edition and (a)(5)(v)(a) in § 1910.94 and paragraph did not provide a basis for this in the subsequent edition, ANSI (b)(2)(ii)(I) in § 1910.252,3 which comment. Moreover, OSHA notes that classified the type and class of reference, respectively, specific versions such action would be counter to its protective helmets differently than it of American National Standards long-standing policy to adopt new did in the current OSHA-incorporated Institute (ANSI) standards on foot requirements only if they provide 1986 edition. Consequently, ANSI no protection and eye- and face-protective employees with equivalent or increased longer uses the old designations—Type devices. protection. In any event, adding a Paragraph (a)(5)(v)(a) of § 1910.94 design standard to the nonmandatory 1 (hats) and Type 2 (caps). The electrical requires that safety shoes used by appendices would be subject to notice- insulation classifications of Class G abrasive-blasting operators comply with and-comment rulemaking. (General—tested to 2200V), Class E OSHA believes that the widespread (Electrical—tested to 20,000V), and ANSI Z41.1–1967, while opposition to the good-design provision Class C (Conductive—no electrical § 1910.252(b)(2)(ii)(I) specifies that filter indicates possible misapplication of the protection) replace former Classes A, B, lenses and plates used in protective standard if adopted as proposed. In and C, respectively, to make the eyewear for welding must comply with addition, the widespread support for designations more user-friendly. the transmission test for radiant energy continued incorporation of national Therefore, the Agency is amending prescribed in ANSI Z87.1–1968. These consensus standards convinces OSHA paragraph 9 of nonmandatory Appendix references are outdated and, therefore, that using direct-final rulemaking to B to § 1910, subpart I by adding a OSHA is amending these paragraphs so that they are consistent with OSHA’s update references to national consensus discussion clarifying the relationship revisions to §§ 1910.133(b) and standards may alleviate the between the old classification system 1910.136(b). administrative and practical problems and the new classification system. that arise when OSHA standards require D. Summary of the Final Rule compliance with outdated national A number of commenters and consensus standards.2 Accordingly, witnesses addressed matters that are With this rulemaking, OSHA is OSHA is not adopting the proposed beyond the scope of this rulemaking. updating the references to national good-design approach. For example, several commenters and consensus standards in the PPE sections Instead, OSHA revised the text of the witnesses recommended that OSHA of its general industry, shipyard final rules to allow employers to meet require third-party certification or employment, longshoring, and marine the design requirements of its PPE independent testing of PPE. (See Tr. at terminals rules, thereby explicitly standards by using PPE constructed in 83; Exs. OSHA–2007–0044–0031 and allowing employers to use PPE accordance with any of three national –0037.) One commenter asked OSHA to constructed in accordance with the most consensus standards—the two most address respirators in this rulemaking recent national consensus standards. recent national consensus standards and (Ex. OSHA–2007–0044–0003). Other Numerous comments and hearing the national consensus standard commenters addressed who had testimony persuaded OSHA to leave the references to national consensus incorporated in the current OSHA responsibility for paying for PPE (Exs. standards in the regulatory text of the standards. Additionally, the final rules OSHA–2007–0044–0004 and –0034), an final standard. In this regard, the maintain the option employers currently issue OSHA resolved in a previous Agency decided to allow employers to have to use PPE that is not rulemaking (see 72 FR 64342). Two manufactured in accordance with one of use any of three editions of the national commenters requested that OSHA the listed consensus standards if the consensus standards, which consist of supply free national consensus employer can demonstrate that the PPE the post-1986 editions they must use it selects is as protective as PPE standards to interested parties (Exs. currently and either of the two most constructed in accordance with one of OSHA–2007–0044–0017 and –0020). recent editions of these standards. This the incorporated consensus standards. Regarding this request, OSHA notes that action is consistent with the notice The final regulatory text responds to the copyright laws protect national provided by the NPRM (72 FR 27771). numerous requests that OSHA continue consensus standards referenced in its The final regulatory text addresses to incorporate, and require compliance standards, although copies of these 3M’s written comment that, even though with, specific national consensus national consensus standards are 3M supports the proposal’s standards. (See, e.g., Tr. at 44–45 and available for viewing only at OSHA’s performance-oriented approach, the 95–97; Exs. OSHA–2007–0044–0023 Docket Office, libraries at OSHA proposal’s nonmandatory appendix and –0048).) Regional Offices, and the U.S. National should be mandatory (Ex. OSHA–2007– Archives and Records Administration. 0044–0026). Similarly, it is consistent 2. Miscellaneous Comments Some commenters (Exs. OSHA–2007– with the recommendation made by ISEA, in its written comments, several trade associations that 0044–0021 and –0034) and witnesses recommended that OSHA amend employers should be able to comply (Tr. at 18–19 and 51–52) questioned the Appendix B to § 1910, subpart I with their obligations under the Agency’s decision not to include the (‘‘Selection Guidelines for Head proposed rule by continuing to use PPE Protection’’) to conform to the recent construction industry in this constructed in accordance with ANSI rulemaking. OSHA responded at the 2 OSHA will use the direct-final rulemaking hearing that it had decided not to 3 The NPRM also requested public comment on process to update national consensus standards include the construction industry (1) its assumption that the proposed revisions referenced in its PPE standards when it is because of the size of the undertaking would not increase compliance burdens, and (2) appropriate to do so (see, J. Lubbers, A Guide to whether it should replace these paragraphs with Federal Agency Rulemaking, at 115–119 (4th ed. and OSHA’s limited resources. (Tr. at cross references to §§ 1910.136(b) and 1910.133(b). 2006)). 18–19). The Agency received no comment on either issue.

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and ASTM standards. (See National OSHA’s need to alleviate the of protection. Accordingly, OSHA Grain and Feed Association and Grain administrative and practical problems believes that complying with related Elevator and Processing Society (Ex. that arise when current OSHA standards OSHA standards (i.e., §§ 1910.133(b) OSHA–2007–0044–0027); American require compliance with outdated and 1910.136(b)) will provide Bakers Association (Ex. –0028); NADA national consensus standards and employees with the latest PPE (Ex. –0047); see, also, International updated national consensus standards technology while also easing employers’ Association of Drilling Contractors (Ex. are available that would enable compliance obligations. In the final rule, –0022) (stating that OSHA ‘‘may wish to employers to use PPE that meets design OSHA revised the phrase ‘‘filter lens consider including International requirements that would provide and plates’’ to ‘‘filter lens’’ to conform employees with an equivalent or Standards Organization (ISO) to the definitions in the recent ANSI increased level of protection. Although standards’’ to the list of standards in the standards. The newly incorporated the final rule does not alleviate the nonmandatory appendices).) ANSI standards do not define ‘‘plates,’’ In developing the final rule, the administrative and practical problems Agency had to decide whether to allow completely, OSHA believes that using and the definitions of ‘‘filter lens’’ in employers to continue using the direct-final rulemaking will reduce these standards are broad enough to editions of the national consensus substantially the burden of revising this encompass ‘‘plates’’ as the term was standards currently incorporated in its final regulatory text to incorporate used in § 1910.252(b)(2)(ii)(I) and the PPE standards. In this regard, several future national consensus standards as 1968 ANSI standard. OSHA does not commenters and witnesses ANSI and other standards-development consider this revision to be substantive. recommended that OSHA delete organizations develop them. OSHA is retaining in the final rules references to the versions of the national The safety shoes required by the proposed provision allowing consensus standards that are currently § 1910.94(a)(5)(v)(a) must comply with employers to use PPE not manufactured incorporated in the OSHA standards, the updated national consensus in accordance with one of the standards referenced in § 1910.136(b)(1), (see, e.g., Ex. OSHA–2007–0044–0025; incorporated national consensus while the filter lenses and plates in Tr. at 81). However, OSHA received standards when the employers meet testimony from several witnesses at the protective eyewear required by § 1910.252(b)(2) must meet one of the their burden to demonstrate that the hearing that the PPE designed under a PPE they use provides employee previous standard generally remains tests for radiant-energy transmission prescribed in the ANSI standards protection that is at least as effective as safe to use even though it may not PPE constructed in accordance with the conform totally with the most recent incorporated by the updated appropriate incorporated national standard, and that allowing employers § 1910.133(b)(1). consensus standard. This provision to use this PPE would permit them to OSHA believes these deletions of deplete inventories before they have to references to specific outdated allows employers to use subsequent purchase new PPE (Tr. at 90 and 140– consensus standards will not increase national consensus standards that they 143). In addition to these comments, compliance burdens, including can demonstrate provide the requisite OSHA proposed in the NPRM to list compliance costs, because it is unlikely level of employee protection. these editions in the nonmandatory that employers are using safety shoes Differences in this provision, compared appendices as examples of national and eyewear manufactured in to similar provisions in OSHA’s current consensus standards that met the accordance with ANSI Z41.1–1967 and PPE standards, are editorial only, and proposal’s good design requirement, ANSI Z87.1–1968, respectively. (See Tr. do not alter the substantive at 55 (ISEA representative testifying that thereby demonstrating OSHA’s requirements of the current standards. employers cannot purchase PPE built to confidence in the level of employee the ANSI standards that are currently This rulemaking also deletes the protection afforded by these national incorporated in OSHA’s standards).) paragraphs in §§ 1910.94 and 1910.252 consensus standards. The Agency also Instead, the Agency presumes that that reference pre-1970 ANSI standards noted in the NPRM that the rulemaking employers are using safety shoes on foot protection and eye- and face- would place no economic burden on manufactured in accordance with the protective devices, respectively. Instead, employers who may still be using PPE 1991 or 1999 editions of ASTM F–2412– employers must comply with constructed in accordance with the 05 and ASTM F–2413–05, and eyewear §§ 1910.136(b) and 1910.133(b), which currently incorporated editions of the that complies with ANSI Z87.1–1989, consist, respectively, of requirements for national consensus standards, implying ANSI 87.1–1989 (R–1998), or ANSI foot protection and eye- and face- that these employers could continue Z87.1–2003. protective devices newly updated under using this equipment.4 Therefore, based Regarding safety shoes, OSHA this rulemaking. on the witness testimony and its believes that shoes constructed Finally, the Agency plans in the statements in the NPRM, OSHA is according to recent national consensus retaining references to post-1986 standards provide an appropriate level future to update the national consensus editions of the national consensus of protection, and, moreover, that it is standards referenced in its PPE standards currently incorporated in its difficult for employers to purchase standards as new editions become PPE standards. shoes constructed in accordance with available. Once OSHA determines that a The regulatory text in the final the referenced 1967 national consensus new edition of a national consensus standards also is consistent with standard. Similarly, although it is standard provides protection that is feasible to purchase protective eye wear equal to or greater than the editions 4 In the NPRM, OSHA specifically noted that it currently incorporated into its PPE did not believe that employers were still using PPE that meets an outdated test, if the constructed in accordance with the ANSI standards protective eye wear meets a subsequent standards, the Agency will use that it adopted to allow employers to continue to test that provides equivalent or greater appropriate rulemaking, including use PPE they purchased before a specified date, and protection, it is unnecessarily confusing direct-final rulemaking, to incorporate proposed to delete any reference to these consensus the new editions, and to remove standards from the PPE standards. OSHA received to explicitly require conformity to an no comments indicating that employers were using outdated test when meeting a more outdated editions, from the regulatory such PPE currently. current test provides the required level text.

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II. Procedural Determinations This rulemaking allows employers In summary, this final rule complies increased flexibility in choosing PPE for with Executive Order 13132. In States A. Legal Considerations employees. However, the final rule does without OSHA-approved State Plans, The purpose of the Occupational not require an employer to update or this rulemaking limits State policy Safety and Health Act of 1970 (OSH replace its PPE solely as a result of this options in the same manner as other Act), 29 U.S.C. 651 et seq., is to achieve rule if the PPE currently in use meets OSHA standards. In State-Plan States, to the extent possible safe and healthful the existing standards. Furthermore, this rulemaking does not significantly working conditions for all employees. because the rule imposes no costs, limit State policy options because, as 29 U.S.C. 651(b). To achieve this goal, OSHA certifies that it would not have a explained in the following section, Congress authorized the Secretary of significant impact on a substantial State-Plan States do not have to adopt Labor to promulgate and enforce number of small entities. the final rule. occupational safety and health C. OMB Review Under the Paperwork E. State-Plan States standards. 29 U.S.C. 654(b), 655(b). A Reduction Act of 1995 safety or health standard is a standard When Federal OSHA promulgates a that requires employers to maintain This rulemaking does not impose new new standard or amends an existing conditions or adopt practices that are information collection requirements for standard to be more stringent than it reasonably necessary or appropriate to purposes of the Paperwork Reduction was previously, the 26 States or U.S. provide safe or healthful working Act of 1995, 44 U.S.C. 3501–30. Territories with their own OSHA- approved occupational safety and health conditions. 29 U.S.C. 652(8). A standard D. Federalism plans must revise their standards to is reasonably necessary or appropriate reflect the new standard or amendment, within the meaning of Section 652(8) of OSHA reviewed this final rule in or show OSHA why such action is the OSH Act if a significant risk of accordance with the Executive Order on unnecessary, e.g., because an existing material harm exists in the workplace Federalism (Executive Order 13132, 64 State standard covering this area is at and the proposed standard would FR 43255, August 10, 1999), which least as effective as the new Federal substantially reduce or eliminate that requires that agencies, to the extent standard or amendment. 29 CFR workplace risk. OSHA already possible, refrain from limiting State 1953.5(a). In this regard, the State determined that requirements for PPE, policy options, consult with States prior to taking any actions that would restrict standard must be at least as effective as including design requirements, are the final Federal rule, must be State policy options, and take such reasonably necessary or appropriate applicable to both the private and actions only when clear constitutional within the meaning of Section 652(8). public (State and local government authority exists and the problem is The final rule neither reduces employee employees) sectors, and the States must national in scope. Executive Order protection nor alters an employer’s complete the rulemaking within six 13132 provides for preemption of State obligations under the existing standard. months of the publication date of the law only with the expressed consent of Under the final rule, employers will be Federal rule. When OSHA promulgates Congress. Any such preemption is to be able to continue to use the same a new standard or amendment that does limited to the extent possible. equipment they have been using to meet not impose additional or more stringent their compliance obligation under the Under Section 18 of the Occupational requirements than the existing standard, existing standards’ design-criteria Safety and Health Act of 1970 (OSH Act; State-Plan States need not amend their requirements. The final rule provides 29 U.S.C. 667), Congress expressly standards, although OSHA encourages employers with additional options for provides that States may adopt, with them to do so. The 26 States and U.S. meeting the design-criteria Federal approval, a plan for the Territories with OSHA-approved requirement—options most employers development and enforcement of occupational safety and health plans already are using. Therefore, this final occupational safety and health are: Alaska, Arizona, California, Hawaii, rule does not alter the substantive standards; States that obtain Federal Indiana, Iowa, Kentucky, Maryland, protection that must be provided to approval for such a plan are referred to Michigan, Minnesota, Nevada, New employees and the compliance burdens as ‘‘State-Plan States.’’ (29 U.S.C. 667.) Mexico, North Carolina, Oregon, Puerto on employers. Accordingly, OSHA need Occupational safety and health Rico, South Carolina, Tennessee, Utah, not, in this rulemaking, determine standards developed by State-Plan Vermont, Virginia, Washington, and significant risk or the extent to which States must be at least as effective in Wyoming; Connecticut, New Jersey, the final rule will reduce that risk, as providing safe and healthful New York, and the Virgin Islands have typically required by Industrial Union employment and places of employment OSHA-approved State Plans that apply Department, AFL–CIO v. American as the Federal standards. Subject to only to State and local government Petroleum Institute, 448 U.S. 607 (1980). these requirements, State-Plan States are employees. free to develop and enforce under State B. Final Economic Analysis and With regard to this final rule, it will law their own requirements for Regulatory Flexibility Act Certification not impose any additional or more occupational safety and health stringent requirements on employers This action is not economically standards. compared to existing OSHA standards. significant within the context of While OSHA drafted this final rule to Through this rulemaking, OSHA is Executive Order 12866, or a major rule protect employees in every State, updating the references in its under the Unfunded Mandates Reform Section 18(c)(2) of the Act permits State- regulations to recognize recent editions Act or Section 801 of the Small Business Plan States and Territories to develop of the applicable national consensus Regulatory Enforcement Fairness Act. and enforce their own standards for the standards, and deleting a number of The rulemaking imposes no additional design of personal-protective equipment outdated editions of the national costs on any private or public sector provided these requirements are at least consensus standards referenced in its entity, and does not meet any of the as effective in providing safe and existing PPE standards. The final rule criteria for an economically significant healthful employment and places of does not require employers to update or or major rule specified by the Executive employment as the requirements replace their PPE solely as a result of Order or relevant statutes. specified in this final rule. this rulemaking if the PPE currently in

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use meets the existing standards. Signed at Washington, DC, this 28th day of addition, these standards are available Therefore, the final rule does not require August 2009. for inspection at the National Archives action under 29 CFR 1953.5(a), and Jordan Barab, and Records Administration (NARA). States and U.S. Territories with Acting Assistant Secretary of Labor for For information on the availability of approved State Plans do not need to Occupational Safety and Health. these standards at NARA, telephone: adopt this rule or show OSHA why such Amendments to Standards 202–741–6030, or go to http:// action is unnecessary. However, to the www.archives.gov/federal_register/ extent these States and Territories have ■ For the reasons stated above in the code_of_federal_regulations/ the same standards as the OSHA preamble, the Occupational Safety and ibr_locations.html. Also, the standards standards affected by this final rule, Health Administration is amending 29 are available for inspection at any OSHA encourages them to adopt the CFR parts 1910, 1915, 1917, and 1918 as Regional Office of the Occupational amendments. follows: Safety and Health Administration (OSHA), or at the OSHA Docket Office, F. Unfunded Mandates Reform Act PART 1910—[AMENDED] U.S. Department of Labor, 200 Constitution Avenue, NW., Room N– OSHA reviewed this final rule in Subpart A—[Amended] accordance with the Unfunded 2625, Washington, DC 20210; telephone: Mandates Reform Act of 1995 (UMRA; ■ 1. Revise the authority citation for 202–693–2350 (TTY number: 877–889– 2 U.S.C. 1501 et seq.) and Executive subpart A of part 1910 to read as 5627). Order 12875 (58 FR 58093). As follows: * * * * * discussed above in Section II.B (‘‘Final Authority: Sections 4, 6, 8, Occupational (e) Except as noted, copies of the Economic Analysis and Regulatory Safety and Health Act of 1970 (29 U.S.C. 653, standards listed below in this paragraph Flexibility Certification’’) of this 655, 657); Secretary of Labor’s Orders 12–71 are available for purchase from the preamble, OSHA determined that this (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 American National Standards Institute final rule imposes no additional costs FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR (ANSI), 25 West 43rd Street, 4th Floor, on any private- or public-sector entity. 111), 3–2000 (65 FR 50017), 5–2002 (67 FR New York, NY 10036; telephone: 212– 65008), and 5–2007 (72 FR 31160), as Accordingly, this final rule requires no 642–4900; fax: 212–398–0023; Web site: applicable. http://www.ansi.org. additional expenditures by either public Sections 1910.7 and 1910.8 also issued or private employers. under 29 CFR Part 1911. Section 1910.7(f) * * * * * As noted above under Section II.E also issued under 31 U.S.C. 9701, 29 U.S.C. (60) ANSI Z41–1999, American (‘‘State-Plan States’’), OSHA’s standards 9a, 5 U.S.C. 553; Public Law 106–113 (113 National Standard for Personal do not apply to State and local Stat. 1501A–222); and OMB Circular A–25 Protection—Protective Footwear; IBR (dated July 8, 1993) (58 FR 38142, July 15, approved for § 1910.136(b)(1)(ii). Copies governments except in States that 1993). elected voluntarily to adopt a State Plan of ANSI Z41–1999 are available for approved by the Agency. Consequently, ■ 2. Amend § 1910.6 as follows: purchase only from the National Safety this final rule does not meet the ■ a. Revise paragraphs (a)(2) and (a)(4) Council, P.O. Box 558, Itasca, IL 60143– definition of a ‘‘Federal ■ b. Revise paragraph (e) introductory 0558; telephone: 1–800–621–7619; fax: intergovernmental mandate’’ (see text 708–285–0797; Web site: http:// Section 421(5) of the UMRA (2 U.S.C. ■ c. Revise paragraphs (e)(60), (e)(61), www.nsc.org. (61) ANSI Z41–1991, American 658(5))). Therefore, for the purposes of and (e)(67) through (e)(72) National Standard for Personal the UMRA, the Agency certifies that this ■ d. Add new paragraphs (e)(73), (74), Protection—Protective Footwear; IBR final rule does not mandate that State, (75), (76), and (77) ■ approved for § 1910.136(b)(1)(iii). local, or tribal governments adopt new, e. Revise paragraph (h) introductory Copies of ANSI Z41–1991 are available unfunded regulatory obligations, or text ■ for purchase only from the National increase expenditures by the private f. Add new paragraphs (h)(20) and Safety Council, P.O. Box 558, Itasca, IL sector of more than $100 million in any (h)(21) 60143–0558; telephone: 1–800–621– year. The additions and revisions read as follows: 7619; fax: 708–285–0797; Web site: List of Subjects in 29 CFR Parts 1910, http://www.nsc.org. § 1910.6 Incorporation by reference. 1915, 1917, and 1918 * * * * * (a) * * * (67) ANSI Z87.1–2003, American Cutting and brazing, Eye and face (2) Any changes in the standards National Standard Practice for protection, Foot protection, Head incorporated by reference in this part Occupational and Educational Eye and protection, Incorporation by reference, and an official historic file of such Face Protection; IBR approved for Ventilation, and Welding. changes are available for inspection in §§ 1910.133(b)(1)(i) and III. Authority and Signature the Docket Office at the national office 1910.252(b)(2)(ii)(I)(1). Copies of ANSI of the Occupational Safety and Health Z87.1–2003 are available for purchase Jordan Barab, Acting Assistant Administration, U.S. Department of only from the American Society of Secretary of Labor for Occupational Labor, Washington, DC 20910; Safety Engineers, 1800 East Oakton Safety and Health, U.S. Department of telephone: 202–693–2350 (TTY number: Street, Des Plaines, IL 60018–2187; Labor, 200 Constitution Avenue, NW., 877–889–5627). telephone: 847–699–2929; or from the Washington, DC 20210, directed the * * * * * International Safety Equipment preparation of this final rule. OSHA is (4) Copies of standards listed in this Association (ISEA), 1901 North Moore issuing this final rule pursuant to section and issued by private standards Street, Arlington, VA 22209–1762; Sections 4, 6, and 8 of the Occupational organizations are available for purchase telephone: 703–525–1695; fax: 703– Safety and Health Act of 1970 (29 U.S.C. from the issuing organizations at the 528–2148; Web site: http:// 653, 655, 657), 5 U.S.C. 553, Secretary addresses or through the other contact www.safetyequipment.org. of Labor’s Order 5–2007 (72 FR 31160), information listed below for these (68) ANSI Z87.1–1989 (R–1998), and 29 CFR part 1911. private standards organizations. In American National Standard Practice for

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Occupational and Educational Eye and (h) Copies of the standards listed any of the following consensus Face Protection; IBR approved for below in this paragraph are available for standards: § 1910.133(b) (1)(ii). Copies of ANSI purchase from ASTM International, 100 (i) ANSI Z87.1–2003, ‘‘American Z87.1–1989 (R–1998) are available for Barr Harbor Drive, P.O. Box C700, West National Standard Practice for purchase only from the American Conshohocken, PA 19428–2959; Occupational and Educational Eye and Society of Safety Engineers, 1800 East telephone: 610–832–9585; fax: 610– Face Protection,’’ which is incorporated Oakton Street, Des Plaines, IL 60018– 832–9555; e-mail: seviceastm.org; Web by reference in § 1910.6; 2187; telephone: 847–699–2929. site: http://www.astm.org: (ii) ANSI Z87.1–1989 (R–1998), (69) ANSI Z87.1–1989, American * * * * * ‘‘American National Standard Practice National Standard Practice for (20) ASTM F–2412–2005, Standard for Occupational and Educational Eye Occupational and Educational Eye and Test Methods for Foot Protection; IBR and Face Protection,’’ which is Face Protection; IBR approved for approved for § 1910.136(b)(1)(i). incorporated by reference in § 1910.6; or § 1910.133(b)(1)(iii). Copies of ANSI (21) ASTM F–2413–2005, Standard (iii) ANSI Z87.1–1989, ‘‘American Z87.1–1989 are available for purchase Specification for Performance National Standard Practice for only from the American Society of Requirements for Protective Footwear; Occupational and Educational Eye and Safety Engineers, 1800 East Oakton IBR approved for § 1910.136(b)(1)(i). Face Protection,’’ which is incorporated Street, Des Plaines, IL 60018–2187; * * * * * by reference in § 1910.6. telephone: 847–699–2929. (2) Protective eye and face protection (70) ANSI Z88.2–1969, Practices for Subpart G—[Amended] devices that the employer demonstrates Respiratory Protection; IBR approved for are at least as effective as protective eye §§ 1910.94(c)(6)(iii)(a), 1910.134(c); and ■ 3. The authority citation for subpart G and face protection devices that are 1910.261(a)(3)(xxvi), (b)(2), (f)(5), of part 1910 continues to read as constructed in accordance with one of (g)(15)(v), (h)(2)(iii), (h)(2)(iv), and (i)(4). follows: the above consensus standards will be (71) ANSI Z89.1–2003, American Authority: Sections 4, 6, and 8 of the deemed to be in compliance with the National Standard for Industrial Head Occupational Safety and Health Act of 1970 requirements of this section. Protection; IBR approved for (29 U.S.C. 653, 655, 657); Secretary of Labor’s * * * * * § 1910.135(b)(1)(i). Copies of ANSI Orders 12–71 (36 FR 8754), 8–76 (41 FR ■ 25059), 9–83 (48 FR 35736), 1–90 (55 FR 7. Revise paragraph (b) of § 1910.135 Z89.1–2003 are available for purchase to read as follows: only from the International Safety 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), or 5–2007 (72 Equipment Association, 1901 North § 1910.135 Head protection. FR 31160), as applicable; and 29 CFR part Moore Street, Arlington, VA 22209– 1911. * * * * * 1762; telephone: 703–525–1695; fax: ■ 4. Revise paragraph (a)(5)(v)(a) of (b) Criteria for head protection. (1) 703–528–2148; Web site: http:// § 1910.94 to read as follows: Head protection must comply with any www.safetyequipment.org. of the following consensus standards: (72) ANSI Z89.1–1997, American § 1910.94 Ventilation. (i) ANSI Z89.1–2003, ‘‘American National Standard for Industrial Head (a) * * * National Standard for Industrial Head Protection; IBR approved for (5) * * * Protection,’’ which is incorporated by § 1910.135(b)(1)(ii). Copies of ANSI (v) * * * reference in § 1910.6; Z89.1–1997 are available for purchase (a) Protective footwear must comply (ii) ANSI Z89.1–1997, ‘‘American only from the International Safety with the requirements specified by 29 National Standard for Industrial Head Equipment Association, 1901 North CFR 1910.136(b)(1). Protection,’’ which is incorporated by Moore Street, Arlington, VA 22209– * * * * * reference in § 1910.6; or 1762; telephone: 703–525–1695; fax: (iii) ANSI Z89.1–1986, ‘‘American 703–528–2148; Web site: http:// Subpart I—[Amended] National Standard for Personnel www.safetyequipment.org. Protection—Protective Headwear for (73) ANSI Z89.1–1986, American ■ 5. Revise the authority citation for Industrial Workers—Requirements,’’ National Standard for Personnel subpart I of part 1910 to read as follows: which is incorporated by reference in Protection—Protective Headwear for Authority: Sections 4, 6, and 8 of the § 1910.6. Industrial Workers—Requirements; IBR Occupational Safety and Health Act of 1970 (2) Head protection devices that the approved for § 1910.135(b)(1)(iii). (29 U.S.C. 653, 655, 657); Secretary of Labor’s employer demonstrates are at least as (74) ANSI Z41.1–1967 Men’s Safety Orders 12–71 (36 FR 8754), 8–76 (41 FR effective as head protection devices that Toe Footwear; IBR approved for 25059), 9–83 (48 FR 35736), 1–90 (55 FR are constructed in accordance with one 9033), 6–96 (62 FR 111), 3–2000 (65 FR § 1910.261(i)(4). of the above consensus standards will (75) ANSI Z87.1–1968 Practice of 50017), 5–2002 (67 FR 65008), or 5–2007 (72 FR 31160), as applicable. be deemed to be in compliance with the Occupational and Educational Eye and Sections 1910.132, 1910.134, and 1910.138 requirements of this section. Face Protection; IBR approved for of 29 CFR also issued under 29 CFR part ■ 8. Revise paragraph (b) of § 1910.136 § 1910.261(a)(3)(xxv), (d)(1)(ii), (f)(5), 1911. to read as follows: (g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4). Sections 1910.133, 1910.135, and 1910.136 (76) ANSI Z89.1–1969 Safety of 29 CFR also issued under 29 CFR part § 1910.136 Foot protection. Requirements for Industrial Head 1911 and 5 U.S.C. 553. * * * * * Protection; IBR approved for ■ 6. Revise paragraph (b) of § 1910.133 (b) Criteria for protective footwear. (1) § 1910.261(a)(3)(xxvii), (b)(2), (g)(15)(v), to read as follows: Protective footwear must comply with and (i)(4). any of the following consensus (77) ANSI Z89.2–1971 Safety § 1910.133 Eye and face protection. standards: Requirements for Industrial Protective * * * * * (i) ASTM F–2412–2005, ‘‘Standard Helmets for Electrical Workers, Class B; (b) Criteria for protective eye and face Test Methods for Foot Protection,’’ and IBR approved for § 1910.268(i)(1). protection. (1) Protective eye and face ASTM F–2413–2005, ‘‘Standard * * * * * protection devices must comply with Specification for Performance

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Requirements for Protective Footwear,’’ ■ 11. Revise paragraph (b)(2)(ii)(I) of organizations are available for purchase which are incorporated by reference in § 1910.252 to read as follows: from the issuing organizations at the § 1910.6; addresses or through the other contact (ii) ANSI Z41–1999, ‘‘American § 1910.252 General requirements. information listed below for these National Standard for Personal * * * * * private standards organizations. In Protection—Protective Footwear,’’ (b) * * * addition, these standards are available which is incorporated by reference in (2) * * * for inspection at the National Archives § 1910.6; or (ii) * * * and Records Administration (NARA). (I) Filter lenses must meet the test for (iii) ANSI Z41–1991, ‘‘American For information on the availability of transmission of radiant energy National Standard for Personal these standards at NARA, telephone: prescribed by any of the consensus Protection—Protective Footwear,’’ 202–741–6030, or go to http:// standards listed in 29 CFR which is incorporated by reference in www.archives.gov/federal_register/ 1910.133(b)(1). § 1910.6. code_of_federal_regulations/ (2) Protective footwear that the * * * * * ibr_locations.html. Also, the standards employer demonstrates is at least as PART 1915—[AMENDED] are available for inspection at any effective as protective footwear that is Regional Office of the Occupational constructed in accordance with one of ■ Safety and Health Administration the above consensus standards will be 12. The authority citation for part 1915 continues to read as follows: (OSHA), or at the OSHA Docket Office, deemed to be in compliance with the U.S. Department of Labor, 200 requirements of this section. Authority: Section 41, Longshore and Harbor Workers’ Compensation Act (33 Constitution Avenue, NW., Room N– ■ 9. Add a paragraph at the end of 2625, Washington, DC 20210; telephone: paragraph 9 in Appendix B to subpart U.S.C. 941); Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 202–693–2350 (TTY number: 877–889– I that reads as follows: (29 U.S.C. 653, 655, 657); Secretary of Labor’s 5627). Appendix B to Subpart I to Part 1910— Orders 12–71 (36 FR 8754), 8–76 (41 FR (d)(1) Except as noted, copies of the Non-Mandatory Compliance Guidelines 25059), 9–83 (48 FR 35736), 1–90 (55 FR standards listed below in this paragraph for Hazard Assessment and Personal 9033), 6–96 (62 FR 111), 3–2000 (65 FR are available for purchase from the 50017), 5–2002 (67 FR 65008), or 5–2007 (72 Protective Equipment Selection American National Standards Institute FR 31160), as applicable; and 29 CFR part (ANSI), 25 West 43rd Street, 4th Floor, 1911. * * * * * New York, NY 10036; telephone: 212– 9. Selection guidelines for head protection. *** Subpart A—[Amended] 642–4900; fax: 212–398–0023; Web site: Beginning with the ANSI Z89.1–1997 http://www.ansi.org. standard, ANSI updated the classification ■ 13. Amend § 1915.5 as follows: * * * * * system for protective helmets. Prior revisions ■ a. Revise paragraphs (b) and (c). (iv) ANSI Z41–1999, American used type classifications to distinguish ■ b. Revise paragraph (d)(1) National Standard for Personal between caps and full brimmed hats. introductory text. Protection—Protective Footwear; IBR Beginning in 1997, Type I designated helmets ■ c. Revise paragraphs (d)(1)(iv) through designed to reduce the force of impact approved for § 1915.156(b)(1)(ii). Copies (d)(1)(ix). of ANSI Z41–1999 are available for resulting from a blow only to the top of the ■ c. Add new paragraphs (d)(1)(x), and head, while Type II designated helmets purchase only from the National Safety designed to reduce the force of impact (d)(1)(xi). Council, P.O. Box 558, Itasca, IL 60143– ■ d. Add new paragraph (d)(5). resulting from a blow to the top or sides of 0558; telephone: 1–800–621–7619; fax: the head. Accordingly, if a hazard assessment The revision and additions read as follows: 708–285–0797; Web site: http:// indicates that lateral impact to the head is www.nsc.org. foreseeable, employers must select Type II helmets for their employees. To improve § 1915.5 Incorporation by reference. (v) ANSI Z41–1991, American comprehension and usefulness, the 1997 * * * * * National Standard for Personal revision also redesignated the electrical- (b)(1) The standards listed in Protection—Protective Footwear; IBR protective classifications for helmets as paragraph (d) of this section are approved for § 1915.156(b)(1)(iii). follows: ‘‘Class G—General’’; helmets incorporated by reference in the Copies of ANSI Z41–1991 are available designed to reduce the danger of contact with corresponding sections noted as the for purchase only from the National low-voltage conductors; ‘‘Class E— Safety Council, P.O. Box 558, Itasca, IL Electrical’’; helmets designed to reduce the sections exist on the date of the danger of contact with conductors at higher approval, and a notice of any change in 60143–0558; telephone: 1–800–621– voltage levels; and ‘‘Class C—Conductive’’; these standards will be published in the 7619; fax: 708–285–0797; Web site: helmets that provide no protection against Federal Register. The Director of the http://www.nsc.org. contact with electrical hazards. Federal Register approved these (vi) ANSI Z87.1–2003, American * * * * * incorporations by reference in National Standard Practice for accordance with 5 U.S.C. 552(a) and 1 Occupational and Educational Eye and Subpart Q—[Amended] CFR part 51. Face Protection; IBR approved for (2) Any changes in the standards § 1915.153(b)(1)(i). Copies of ANSI ■ 10. The authority citation for subpart incorporated by reference in this part Z87.1–2003 are available for purchase Q of part 1910 continues to read as and an official historic file of such only from the American Society of follows: changes are available for inspection in Safety Engineers, 1800 East Oakton Authority: Sections 4, 6, and 8 of the the Docket Office at the national office Street, Des Plaines, IL 60018–2187; Occupational Safety and Health Act of 1970 of the Occupational Safety and Health telephone: 847–699–2929; or from the (29 U.S.C. 653, 655, 657); Secretary of Labor’s Administration, U.S. Department of International Safety Equipment Orders 12–71 (36 FR 8754), 8–76 (41 FR Association (ISEA), 1901 North Moore 25059), 9–83 (48 FR 35736), 1–90 (55 FR Labor, Washington, DC 20910; 9033), 6–96 (62 FR 111), 3–2000 (65 FR telephone: 202–693–2350 (TTY number: Street, Arlington, VA 22209–1762; 50017), 5–2002 (67 FR 65008), or 5–2007 (72 877–889–5627). telephone: 703–525–1695; fax: 703– FR 31160), as applicable; and 29 CFR part (c) Copies of standards listed in this 528–2148; Web site: http:// 1911. section and issued by private standards www.safetyequipment.org.

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(vii) ANSI Z87.1–1989 (R–1998), any of the following consensus which are incorporated by reference in American National Standard Practice for standards: § 1915.5; Occupational and Educational Eye and (i) ANSI Z87.1–2003, ‘‘American (ii) ANSI Z41–1999, ‘‘American Face Protection; IBR approved for National Standard Practice for National Standard for Personal § 1915.153(b)(1)(ii). Copies of ANSI Occupational and Educational Eye and Protection—Protective Footwear,’’ Z87.1–1989 (R–1998) are available for Face Protection,’’ which is incorporated which is incorporated by reference in purchase only from the American by reference in § 1915.5; § 1915.5; or Society of Safety Engineers, 1800 East (ii) ANSI Z87.1–1989 (R–1998), (iii) ANSI Z41–1991, ‘‘American Oakton Street, Des Plaines, IL 60018– ‘‘American National Standard Practice National Standard for Personal 2187; telephone: 847–699–2929. for Occupational and Educational Eye Protection—Protective Footwear,’’ (viii) ANSI Z87.1–1989, American and Face Protection,’’ which is which is incorporated by reference in National Standard Practice for incorporated by reference in § 1915.5; or § 1915.5. Occupational and Educational Eye and (iii) ANSI Z87.1–1989, ‘‘American (2) Protective footwear that the Face Protection; IBR approved for National Standard Practice for employer demonstrates is at least as § 1915.153(b)(1)(iii). Occupational and Educational Eye and effective as protective footwear that is (ix) ANSI Z89.1–2003, American Face Protection,’’ which is incorporated constructed in accordance with one of National Standard for Industrial Head by reference in § 1915.5. the above consensus standards will be Protection; IBR approved for (2) Eye and face protection devices deemed to be in compliance with the § 1915.155(b)(1)(i). Copies of ANSI that the employer demonstrates are at requirements of this section. Z89.1–2003 are available for purchase least as effective as protective as eye and only from the International Safety face protection devices that are PART 1917—[AMENDED] Equipment Association, 1901 North constructed in accordance with one of ■ 17. Revise the authority citation for Moore Street, Arlington, VA 22209– the above consensus standards will be part 1917 to read as follows: 1762; telephone: 703–525–1695; fax: deemed to be in compliance with the 703–528–2148; Web site: http:// requirements of this section. Authority: Section 41, Longshore and Harbor Worker’s Compensation Act (33 www.safetyequipment.org. ■ 15. Revise paragraph (b) of § 1915.155 (x) ANSI Z89.1–1997, American U.S.C. 941); Sections 4, 6, and 8 of the to read as follows: National Standard for Industrial Head Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor’s Protection; IBR approved for § 1915.155 Head protection. Orders 12–71 (36 FR 8754), 8–76 (41 FR § 1915.155(b)(1)(ii). Copies of ANSI * * * * * 25059), 9–83 (48 FR 35736), 1–90 (55 FR Z89.1–1997 are available for purchase (b) Criteria for protective helmets. (1) 9033), 6–96 (62 FR 111), 3–2000 (65 FR only from the International Safety Head protection must comply with any 50017), 5–2002 (67 FR 65008), or 5–2007 (72 Equipment Association, 1901 North of the following consensus standards: FR 31160), as applicable; and 29 CFR part Moore Street, Arlington, VA 22209– (i) ANSI Z89.1–2003, ‘‘American 1911. 1762; telephone: 703–525–1695; fax: National Standard for Industrial Head Subpart A—[Amended] 703–528–2148; Web site: http:// Protection,’’ which is incorporated by www.safetyequipment.org. reference in § 1915.5; ■ (xi) ANSI Z89.1–1986, American 18. Amend 1917.3 as follows: (ii) ANSI Z89.1–1997, ‘‘American ■ a. Revise paragraphs (a)(2), (a)(3), and National Standard for Personnel National Standard for Industrial Head Protection—Protective Headwear for (a)(4). Protection,’’ which is incorporated by ■ b. Revise paragraph (b) introductory Industrial Workers—Requirements; IBR reference in § 1915.5; or approved for § 1915.155(b)(1)(iii). text. (iii) ANSI Z89.1–1986, ‘‘American ■ c. Revise paragraphs (b)(4) through * * * * * National Standard for Personnel (b)(7). (5) Copies of the standards listed Protection—Protective Headwear for ■ d. Add new paragraphs (b)(8) through below in this paragraph are available for Industrial Workers—Requirements,’’ (b)(12). purchase from ASTM International, 100 which is incorporated by reference in ■ e. Add new paragraph (c). Barr Harbor Drive, P.O. Box C700, West § 1915.5. The revisions and additions read as Conshohocken, PA 19428–2959; (2) Head protection devices that the follows: telephone: 610–832–9585; fax: 610– employer demonstrates are at least as 832–9555; e-mail: seviceastm.org; Web effective as head protection devices that § 1917.3 Incorporation by reference. site: http://www.astm.org: are constructed in accordance with one (a) * * * (i) ASTM F–2412–2005, Standard Test of the above consensus standards will (2) The standards listed in paragraph Methods for Foot Protection; IBR be deemed to be in compliance with the (b) of this section are incorporated by approved for § 1915.156(b)(1)(i). requirements of this section. reference in the corresponding sections (ii) ASTM F–2413–2005, Standard ■ 16. Revise paragraph (b) of § 1915.156 noted as the sections exist on the date Specification for Performance to read as follows: of the approval, and a notice of any Requirements for Protective Footwear; change in these standards will be IBR approved for § 1915.156(b)(1)(i). § 1915.156 Foot protection. published in the Federal Register. The * * * * * Subpart I—[Amended] Director of the Federal Register (b) Criteria for protective footwear. (1) approved these incorporations by ■ 14. Revise paragraph (b) of § 1915.153 Protective footwear must comply with reference in accordance with 5 U.S.C. to read as follows: any of the following consensus 552(a) and 1 CFR part 51. standards: (3) Any changes in the standards § 1915.153 Eye and face protection. (i) ASTM F–2412–2005, ‘‘Standard incorporated by reference in this part * * * * * Test Methods for Foot Protection,’’ and and an official historic file of such (b) Criteria for protective eye and face ASTM F–2413–2005, ‘‘Standard changes are available for inspection in devices. (1) Protective eye and face Specification for Performance the Docket Office at the national office protection devices must comply with Requirements for Protective Footwear,’’ of the Occupational Safety and Health

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Administration, U.S. Department of Association (ISEA), 1901 North Moore Requirements for Protective Footwear; Labor, Washington, DC 20910; Street, Arlington, VA 22209–1762; IBR approved for § 1917.94(b)(1)(i). telephone: 202–693–2350 (TTY number: telephone: 703–525–1695; fax: 703– 877–889–5627). 528–2148; Web site: http:// Subpart E—[Amended] (4) Copies of standards listed in this www.safetyequipment.org. ■ section and issued by private standards (7) ANSI Z87.1–1989 (R–1998), 19. Revise paragraph (a)(1) of organizations are available for purchase American National Standard Practice for § 1917.91 to read as follows: from the issuing organizations at the Occupational and Educational Eye and § 1917.91 Eye and face protection. addresses or through the other contact Face Protection; IBR approved for (a)(1)(i) The employer shall ensure information listed below for these § 1917.91(a)(1)(i)(B). Copies of ANSI that each affected employee uses private standards organizations. In Z87.1–1989 (R–1998) are available for protective eye and face protection addition, these standards are available purchase only from the American devices that comply with any of the for inspection at the National Archives Society of Safety Engineers, 1800 East following consensus standards: and Records Administration (NARA). Oakton Street, Des Plaines, IL 60018– (A) ANSI Z87.1–2003, ‘‘American For information on the availability of 2187; telephone: 847–699–2929. National Standard Practice for this material at NARA, telephone: 202– (8) ANSI Z87.1–1989, American Occupational and Educational Eye and 741–6030, or go to http:// National Standard Practice for Face Protection,’’ which is incorporated www.archives.gov/federal_register/ Occupational and Educational Eye and by reference in § 1917.3; code_of_federal_regulations/ Face Protection; IBR approved for (B) ANSI Z87.1–1989 (R–1998), ibr_locations.html. Also, the material is § 1917.91(a)(1)(i)(C). Copies of ANSI ‘‘American National Standard Practice available for inspection at any Regional Z87.1–1989 are available for purchase for Occupational and Educational Eye Office of the Occupational Safety and only from the American Society of and Face Protection,’’ which is Health Administration (OSHA), or at the Safety Engineers, 1800 East Oakton incorporated by reference in § 1917.3; or OSHA Docket Office, U.S. Department Street, Des Plaines, IL 60018–2187; (C) ANSI Z87.1–1989, ‘‘American of Labor, 200 Constitution Avenue, telephone: 847–699–2929. National Standard Practice for NW., Room N–2625, Washington, DC (9) ANSI Z89.1–2003, American Occupational and Educational Eye and 20210; telephone: 202–693–2350 (TTY National Standard for Industrial Head Face Protection,’’ which is incorporated number: 877–889–5627). Protection; IBR approved for by reference in § 1917.3. (b) Except as noted, copies of the § 1917.93(b)(1)(i). Copies of ANSI (ii) Protective eye and face protection standards listed below in this paragraph Z89.1–2003 are available for purchase devices that the employer demonstrates are available for purchase from the only from the International Safety are at least as effective as protective eye American National Standards Institute Equipment Association, 1901 North and face protection devices that are (ANSI), 25 West 43rd Street, 4th Floor, Moore Street, Arlington, VA 22209– constructed in accordance with one of New York, NY 10036; telephone: 212– 1762; telephone: 703–525–1695; fax: the above consensus standards will be 642–4900; fax: 212–398–0023; Web site: 703–528–2148; Web site: http:// deemed to be in compliance with the http://www.ansi.org. www.safetyequipment.org. requirements of this section. * * * * * (10) ANSI Z89.1–1997, American (4) ANSI Z41–1999, American National Standard for Industrial Head * * * * * National Standard for Personal Protection; IBR approved for ■ 20. Revise paragraph (b) of § 1917.93 Protection—Protective Footwear; IBR § 1917.93(b)(1)(ii). Copies of ANSI to read as follows: Z89.1–1997 are available for purchase approved for § 1917.94(b)(1)(ii). Copies § 1917.93 Head protection. of ANSI Z41–1999 are available for only from the International Safety purchase only from the National Safety Equipment Association, 1901 North * * * * * Council, P.O. Box 558, Itasca, IL 60143– Moore Street, Arlington, VA 22209– (b)(1) The employer must ensure that 0558; telephone: 1–800–621–7619; fax: 1762; telephone: 703–525–1695; fax: head protection complies with any of 708–285–0797; Web site: http:// 703–528–2148; Web site: http:// the following consensus standards: www.nsc.org. www.safetyequipment.org. (i) ANSI Z89.1–2003, ‘‘American (5) ANSI Z41–1991, American (11) ANSI Z89.1–1986, American National Standard for Industrial Head National Standard for Personal National Standard for Personnel Protection,’’ which is incorporated by Protection—Protective Footwear; IBR Protection—Protective Headwear for reference in § 1917.3; approved for § 1917.94(b)(1)(iii). Copies Industrial Workers—Requirements; IBR (ii) ANSI Z89.1–1997, ‘‘American of ANSI Z41–1991 are available for approved for § 1917.93(b)(1)(iii). National Standard for Industrial Head purchase only from the National Safety (12) ASME B56.1, 1959, Safety Code Protection,’’ which is incorporated by Council, P.O. Box 558, Itasca, IL 60143– for Powered Industrial Trucks, pages 8 reference in § 1917.3; or 0558; telephone: 1–800–621–7619; fax: and 13; IBR approved for § 1917.50(j)(1). (iii) ANSI Z89.1–1986, ‘‘American 708–285–0797; Web site: http:// (c) Copies of the following standards National Standard for Personnel www.nsc.org. are available for purchase from ASTM Protection—Protective Headwear for (6) ANSI Z87.1–2003, American International, 100 Barr Harbor Drive, Industrial Workers—Requirements,’’ National Standard Practice for P.O. Box C700, West Conshohocken, PA which is incorporated by reference in Occupational and Educational Eye and 19428–2959; telephone: 610–832–9585; § 1917.3. Face Protection; IBR approved for fax: 610–832–9555; e-mail: (2) Head protection devices that the § 1917.91(a)(1)(i)(A). Copies of ANSI seviceastm.org; Web site: http:// employer demonstrates are at least as Z87.1–2003 are available for purchase www.astm.org: effective as head protection devices that only from the American Society of (1) ASTM F–2412–2005, Standard are constructed in accordance with one Safety Engineers, 1800 East Oakton Test Methods for Foot Protection; IBR of the above consensus standards will Street, Des Plaines, IL 60018–2187; approved for § 1917.94(b)(1)(i). be deemed to be in compliance with the telephone: 847–699–2929; or from the (2) ASTM F–2413–2005, Standard requirements of this section. International Safety Equipment Specification for Performance * * * * *

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■ 21. Revise paragraph (b) of § 1917.94 change in these standards will be (6) ANSI Z87.1–2003, American to read as follows: published in the Federal Register. The National Standard Practice for Director of the Federal Register Occupational and Educational Eye and § 1917.94 Foot protection. approved these incorporations by Face Protection; IBR approved for * * * * * reference in accordance with 5 U.S.C. § 1918.101(a)(1)(i)(A). Copies of ANSI (b)(1) The employer must ensure that 552(a) and 1 CFR part 51. Z87.1–2003 are available for purchase protective footwear complies with any (3) Any changes in the standards only from the American Society of of the following consensus standards: incorporated by reference in this part Safety Engineers, 1800 East Oakton (i) ASTM F–2412–2005, ‘‘Standard and an official historic file of such Street, Des Plaines, IL 60018–2187; Test Methods for Foot Protection,’’ and changes are available for inspection in telephone: 847–699–2929; or from the ASTM F–2413–2005, ‘‘Standard the Docket Office at the national office International Safety Equipment Specification for Performance of the Occupational Safety and Health Association (ISEA), 1901 North Moore Requirements for Protective Footwear,’’ Administration, U.S. Department of Street, Arlington, VA 22209–1762; which are incorporated by reference in Labor, Washington, DC 20910; telephone: 703–525–1695; fax: 703– § 1917.3; telephone: 202–693–2350 (TTY number: 528–2148; Web site: http:// (ii) ANSI Z41–1999, ‘‘American 877–889–5627). www.safetyequipment.org. National Standard for Personal (4) Copies of standards listed in this (7) ANSI Z87.1–1989 (R–1998), Protection—Protective Footwear,’’ section and issued by private standards American National Standard Practice for which is incorporated by reference in organizations are available for purchase Occupational and Educational Eye and § 1917.3; or from the issuing organizations at the Face Protection; IBR approved for (iii) ANSI Z41–1991, ‘‘American addresses or through the other contact § 1918.101(a)(1)(i)(B). Copies of ANSI National Standard for Personal information listed below for these Z87.1–1989 (R1998) are available for Protection—Protective Footwear,’’ private standards organizations. In purchase only from the American which is incorporated by reference in addition, these standards are available Society of Safety Engineers, 1800 East § 1917.3. for inspection at the National Archives Oakton Street, Des Plaines, IL 60018– (2) Protective footwear that the and Records Administration (NARA). 2187; telephone: 847–699–2929. employer demonstrates is at least as For information on the availability of (8) ANSI Z87.1–1989, American effective as protective footwear that is this material at NARA, telephone: 202– National Standard Practice for constructed in accordance with one of 741–6030, or go to http:/ Occupational and Educational Eye and the above consensus standards will be www.archives.gov/federal_register/ Face Protection; IBR approved for deemed to be in compliance with the code_of_federal_regulations/ § 1918.101(a)(1)(i)(C). Copies of ANSI requirements of this section. Z87.1–1989 are available for purchase ibr_locations.html. Also, the standards only from the American Society of are available for inspection at any PART 1918—[AMENDED] Safety Engineers, 1800 East Oakton Regional Office of the Occupational Street, Des Plaines, IL 60018–2187; ■ 22. Revise the authority citation for Safety and Health Administration telephone: 847–699–2929. part 1918 to read as follows: (OSHA), or at the OSHA Docket Office, (9) ANSI Z89.1–2003, American Authority: Section 41, Longshore and U.S. Department of Labor, 200 National Standard for Industrial Head Harbor Workers’ Compensation Act (33 Constitution Avenue, NW., Room N– Protection; IBR approved for U.S.C. 941); Sections 4, 6, and 8 of the 2625, Washington, DC 20210; telephone: § 1918.103(b)(1)(i). Copies of ANSI Occupational Safety and Health Act of 1970 202–693–2350 (TTY number: 877–889– Z89.1–2003 are available for purchase (29 U.S.C. 653, 655, 657); Secretary of Labor’s 5627). (b) Except as noted, copies of the Orders 12–71 (36 FR 8754), 8–76 (41 FR only from the International Safety standards listed below in this paragraph Equipment Association, 1901 North 25059), 9–83 (48 FR 35736), 1–90 (55 FR are available for purchase from the 9033), 6–96 (62 FR 111), 3–2000 (65 FR Moore Street, Arlington, VA 22209– American National Standards Institute 1762; telephone: 703–525–1695; fax: 50017), 5–2002 (67 FR 65008), or 5–2007 (72 (ANSI), 25 West 43rd Street, 4th Floor, FR 31160), as applicable; and 29 CFR part 703–528–2148; Web site: http:// 1911. New York, NY 10036; telephone: 212– www.safetyequipment.org. 642–4900; fax: 212–398–0023; Web site: (10) ANSI Z89.1–1997, American Subpart A—[Amended] * * * * * National Standard for Industrial Head (4) ANSI Z41–1999, American Protection; IBR approved for ■ 23. Amend 1918.3 as follows: National Standard for Personal § 1918.103(b)(1)(ii). Copies of ANSI ■ a. Revise paragraphs (a)(2), (a)(3), and Protection—Protective Footwear; IBR Z89.1–1997 are available for purchase (a)(4). approved for § 1918.104(b)(1)(ii). Copies ■ b. Revise paragraph (b) introductory only from the International Safety of ANSI Z41–1999 are available for Equipment Association, 1901 North text. purchase only from the National Safety ■ c. Revise paragraphs (b)(4) through Moore Street, Arlington, VA 22209– Council, P.O. Box 558, Itasca, IL 60143– (b)(6). 1762; telephone: 703–525–1695; fax: ■ d. Add new paragraphs (b)(7) through 0558; telephone: 1–800–621–7619; fax: 703–528–2148; Web site: http:// (b)(11). 708–285–0797; Web site: http:// www.safetyequipment.org. ■ e. Add new paragraph (c). www.nsc.org. (11) ANSI Z89.1–1986, American The revisions and additions read as (5) ANSI Z41–1991, American National Standard for Personnel follows: National Standard for Personal Protection—Protective Headwear for Protection—Protective Footwear; IBR Industrial Workers—Requirements; IBR § 1918.3 Incorporation by reference. approved for § 1918.104(b)(1)(iii). approved for § 1918.103(b)(1)(iii). (a) * * * Copies of ANSI Z41–1991 are available (c) Copies of the following standards (2) The standards listed in paragraph for purchase only from the National are available for purchase from ASTM (b) of this section are incorporated by Safety Council, P.O. Box 558, Itasca, IL International, 100 Barr Harbor Drive, reference in the corresponding sections 60143–0558; telephone: 1–800–621– P.O. Box C700, West Conshohocken, PA noted as the sections exist on the date 7619; fax: 708–285–0797; Web site: 19428–2959; telephone: 610–832–9585; of the approval, and a notice of any http://www.nsc.org. fax: 610–832–9555; e-mail:

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seviceastm.org; Web site: http:// (2) Head protection devices that the Darfur, and marginalized areas in and www.astm.org. employer demonstrates are at least as around Khartoum. OFAC also is making (1) ASTM F–2412–2005, Standard effective as head protection devices that conforming changes to the Sudanese Test Methods for Foot Protection; IBR are constructed in accordance with one Sanctions Regulations to reflect this approved for § 1917.94(b)(1)(i). of the above consensus standards will authorization. (2) ASTM F–2413–2005, Standard be deemed to be in compliance with the DATES: Effective Date: September 9, Specification for Performance requirements of this section. 2009. Requirements for Protective Footwear; * * * * * IBR approved for § 1917.94(b)(1)(i). FOR FURTHER INFORMATION CONTACT: ■ 26. Revise paragraph (b) of § 1918.104 Assistant Director for Compliance, Subpart J—[Amended] to read as follows: Outreach and Implementation, tel.: 202/ 622–2490, Assistant Director for ■ § 1918.104 Foot protection. 24. Revise paragraph (a)(1) of Licensing, tel.: 202/622–2480, Assistant § 1918.101 to read as follows: * * * * * (b)(1) The employer must ensure that Director for Policy, tel.: 202/622–4855, § 1918.101 Eye and face protection. protective footwear complies with any Office of Foreign Assets Control, or (a) * * * of the following consensus standards: Chief Counsel (Foreign Assets Control), (1)(i) Employers must ensure that (i) ASTM F–2412–2005, ‘‘Standard tel.: 202/622–2410, Office of the General each employee uses appropriate eye Test Methods for Foot Protection,’’ and Counsel, Department of the Treasury and/or face protection when the ASTM F–2413–2005, ‘‘Standard (not toll free numbers). employee is exposed to an eye or face Specification for Performance SUPPLEMENTARY INFORMATION: hazard, and that protective eye and face Requirements for Protective Footwear,’’ Electronic and Facsimile Availability devices comply with any of the which are incorporated by reference in following consensus standards: § 1918.3; This document and additional (A) ANSI Z87.1–2003, ‘‘American (ii) ANSI Z41–1999, ‘‘American information concerning OFAC are National Standard Practice for National Standard for Personal available from OFAC’s Web site Occupational and Educational Eye and Protection—Protective Footwear,’’ (http://www.treas.gov/ofac) or via Face Protection,’’ which is incorporated which is incorporated by reference in facsimile through a 24-hour fax-on- by reference in § 1918.3; § 1918.3; or demand service, tel.: 202/622–0077. (B) ANSI Z87.1–1989 (R1998), (iii) ANSI Z41–1991, ‘‘American Background ‘‘American National Standard Practice National Standard for Personal The Sudanese Sanctions Regulations, for Occupational and Educational Eye Protection—Protective Footwear,’’ 31 CFR part 538 (the ‘‘SSR’’), were and Face Protection,’’ which is which is incorporated by reference in promulgated to implement Executive incorporated by reference in § 1918.3; or § 1918.3. (C) ANSI Z87.1–1989, ‘‘American (2) Protective footwear that the Order 13067 of November 3, 1997 (62 National Standard Practice for employer demonstrates is at least as FR 59989, November 5, 1997) (‘‘E.O. Occupational and Educational Eye and effective as protective footwear that is 13067’’), in which the President Face Protection,’’ which is incorporated constructed in accordance with one of declared a national emergency with by reference in § 1918.3. the above consensus standards will be respect to the policies and actions of the (ii) Protective eye and face protection deemed to be in compliance with the Government of Sudan. To deal with that emergency, E.O. devices that the employer demonstrates requirements of this section. are at least as effective as protective eye 13067 imposed comprehensive trade and face protection devices that are [FR Doc. E9–21360 Filed 9–8–09; 8:45 am] sanctions with respect to Sudan and constructed in accordance with one of BILLING CODE 4510–26–P blocked all property and interests in the above consensus standards will be property of the Government of Sudan in deemed to be in compliance with the the United States or within the requirements of this section. DEPARTMENT OF THE TREASURY possession or control of United States persons. * * * * * Office of Foreign Assets Control ■ Subsequently, on October 13, 2006, 25. Revise paragraph (b) of § 1918.103 the President signed the Darfur Peace to read as follows: 31 CFR Part 538 and Accountability Act of 2006 (Pub. L. § 1918.103 Head protection. 109–344, 120 Stat. 1869) (‘‘DPAA’’) and Sudanese Sanctions Regulations * * * * * issued Executive Order 13412 of (b)(1) The employer must ensure that AGENCY: Office of Foreign Assets October 13, 2006 (71 FR 61369, October head protection complies with any of Control, Treasury. 17, 2006) (‘‘E.O. 13412’’). The DPAA the following consensus standards: ACTION: Final rule. and E.O. 13412, inter alia, exempt the (i) ANSI Z89.1–2003, ‘‘American Specified Areas of Sudan from certain National Standard for Industrial Head SUMMARY: The Department of the prohibitions set forth in E.O. 13067, and Protection,’’ which is incorporated by Treasury’s Office of Foreign Assets define the term Specified Areas of reference in § 1918.3; Control (‘‘OFAC’’) is amending the Sudan to include Southern Sudan, (ii) ANSI Z89.1–1997, ‘‘American Sudanese Sanctions Regulations by Southern Kordofan/Nuba Mountains National Standard for Industrial Head issuing a general license that authorizes State, Blue Nile State, Abyei, Darfur, Protection,’’ which is incorporated by the exportation and reexportation of and marginalized areas in and around reference in § 1918.3; or agricultural commodities, medicine, and Khartoum. While E.O. 13412 exempted (iii) ANSI Z89.1–1986, ‘‘American medical devices to the Specified Areas the Specified Areas of Sudan from National Standard for Personnel of Sudan, as well as the conduct of certain prohibitions in E.O. 13067, it Protection—Protective Headwear for related transactions. The Specified continued the country-wide blocking of Industrial Workers—Requirements,’’ Areas of Sudan are defined as Southern the Government of Sudan’s property which is incorporated by reference in Sudan, Southern Kordofan/Nuba and interests in property and imposed a § 1918.3. Mountains State, Blue Nile State, Abyei, new country-wide prohibition on

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transactions relating to Sudan’s provided that such transactions do not Those transactions now authorized by petroleum or petrochemical industries. involve any property or interests in the general license set forth at E.O. 13412 also removed the regional property of the Government of Sudan or § 538.523(a)(2) of the SSR include the Government of Southern Sudan from relate to the petroleum or petrochemical sale, exportation, and reexportation of the definition of the term Government of industries in Sudan. In accordance with agricultural commodities, medicine, and Sudan set forth in E.O. 13067. OFAC the requirements set forth in section medical devices, the financing of and issued amendments to the SSR 906(a)(1) of TSRA, this general license payment for such sales, and the implementing E.O. 13412 on October covers exports shipped within the brokering of TSRA sales. However, the 31, 2007 (72 FR 61513, October 31, twelve-month period beginning on the transshipment or transit of TSRA- 2007). date of the signing of the export related exports through areas of Sudan OFAC today is further amending the contract. In addition, each year by the other than the Specified Areas of Sudan, SSR to resolve a tension between E.O. anniversary of its effective date on and any related financial transactions 13412 and the DPAA on the one hand, September 9, 2009, OFAC will that are routed through depository and the Trade Sanctions Reform and determine whether to revoke the general institutions located in an area of Sudan Export Enhancement Act of 2000 (22 license. Unless revoked, the general other than the Specified Areas, remain U.S.C. 7201–7211) (‘‘TSRA’’) on the license will remain in effect. However, prohibited under §§ 538.417 and other. Pursuant to E.O. 13412 and the specific licenses for TSRA-related 538.418 of the SSR. DPAA, most trade and related transactions with respect to the Public Participation activities—other than trade with the Government of Sudan, to any individual Government of Sudan or relating to or entity in an area of Sudan other than Because the amendment of 31 CFR Sudan’s petroleum or petrochemical the Specified Areas of Sudan, or to part 538 involves a foreign affairs industries—are allowed with the persons in third countries purchasing function, the provisions of Executive Specified Areas of Sudan. These specifically for resale to the foregoing Order 12866 and the Administrative Specified Areas, however, remained are still required. Procedure Act (5 U.S.C. 553), requiring subject to regulations promulgated Existing prohibitions and safeguards notice of proposed rulemaking, pursuant to section 906(a)(1) of TSRA, satisfy TSRA’s requirement that opportunity for public participation, which provides that the export of procedures be in place to deny the and delay in effective date, are agricultural commodities, medicine, and general license for exports to entities inapplicable. Because no notice of medical devices to the government of a proposed rulemaking is required for this country that has been determined by the within Sudan promoting international terrorism. For instance, the requirement rule, the Regulatory Flexibility Act (5 Secretary of State, under section 6(j) of U.S.C. 601–612) does not apply. the Export Administration Act of 1979, that no U.S. person engage in any 50 U.S.C. App. 2405(j) (the ‘‘EAA’’), to transaction with anyone on OFAC’s List Paperwork Reduction Act have repeatedly provided support for of Specially Designated Nationals and acts of international terrorism, or to any Blocked Persons, including persons The collections of information related entity in such a country, shall be made designated under the terrorism to 31 CFR part 538 are contained in 31 pursuant to one-year licenses issued by programs administered by OFAC, CFR part 501 (the ‘‘Reporting, the United States government. provides a mechanism for denying Procedures and Penalties Regulations’’). Because Sudan has been determined TSRA-related exports to certain entities Pursuant to the Paperwork Reduction by the Secretary of State to be a country within the Specified Areas of Sudan. In Act of 1995 (44 U.S.C. 3507), those that has repeatedly provided support for addition, if it deems necessary, OFAC collections of information have been acts of international terrorism pursuant may amend, modify, or revoke the new approved by the Office of Management to section 6(j) of the EAA, the entire general license pursuant to § 501.803 of and Budget under control number 1505– country remained subject to TSRA’s the Reporting, Procedures and Penalties 0164. An agency may not conduct or licensing requirements under the SSR. Regulations, 31 CFR part 501 (the sponsor, and a person is not required to The overlap of TSRA with E.O. 13412 ‘‘RPPR’’), which set forth standard respond to, a collection of information and the DPAA—as previously reporting and recordkeeping unless the collection of information implemented in the SSR—resulted in requirements and license application displays a valid control number. and other procedures governing the requirement that OFAC authorize List of Subjects in 31 CFR Part 538 the export of agricultural and medical transactions regulated pursuant to other items to the Specified Areas of Sudan, parts of 31 CFR chapter V. Section Administrative practice and even though no OFAC authorization 538.502 of the SSR similarly provides procedure, Banks, Banking, Blocking of was required to export most other items OFAC with the authority to exclude any assets, Exports, Foreign trade, to those areas. person, property, or transaction from the Humanitarian aid, Imports, Penalties, Therefore, in view of the underlying operation of the general license or to Reporting and recordkeeping policy objectives and findings restrict the applicability of the general requirements, Specially designated concerning the Specified Areas of license with respect to any persons, nationals, Sudan, Terrorism, Sudan that resulted in the elimination property, or transactions. Finally, the Transportation. of most of the previous economic requirement that all U.S. persons ■ For the reasons set forth in the sanctions against these areas within maintain records of any transaction preamble, the Department of the Sudan, including export sanctions subject to OFAC-administered sanctions Treasury’s Office of Foreign Assets analogous to those covered by TSRA, for a period of not less than five years Control amends 31 CFR part 538 as OFAC has determined that specific pursuant to RPPR § 501.601, and follows: licenses for TSRA-related transactions OFAC’s authority to obtain these with respect to the Specified Areas of records pursuant to RPPR § 501.602, PART 538—SUDANESE SANCTIONS Sudan should no longer be required. allow OFAC to monitor activities under REGULATIONS Instead, OFAC is authorizing such the general license in order to determine transactions through a general license, whether it should exercise these ■ 1. Revise the authority citation for part set forth at SSR § 538.523(a)(2), authorities. 538 to read as follows:

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Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, Control, for contracts entered into Note 2 to § 538.523(a)(2): See §§ 538.417 2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601– during the one-year period of the license and 538.418 for additional requirements with 1651, 1701–1706; Public Law 101–410, 104 and shipped within the 12-month respect to transshipments through, and Stat. 890 (28 U.S.C. 2461 note); 22 U.S.C. financial transactions in, Sudan. period beginning on the date of the 7201–7211; Public Law 109–344, 120 Stat. (b) General license for arrangement of 1869; Public Law 110–96, 121 Stat. 1011; signing of the contract. No specific E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., license will be granted for the exportation or reexportation of covered p. 230; E.O. 13412, 71 FR 61369, 3 CFR, 2006 exportation or reexportation of products. (1) With respect to sales Comp., p. 244. agricultural commodities, medicine, or pursuant to § 538.523(a)(1), the making medical equipment to any entity or of shipping arrangements, cargo Subpart B—Prohibitions individual in Sudan promoting inspection, obtaining of insurance, and arrangement of financing (consistent ■ international terrorism, to any narcotics 2. Revise the note to § 538.212(g)(2) to with § 538.525) for the exportation or read as follows: trafficking entity designated pursuant to Executive Order 12978 of October 21, reexportation of agricultural commodities, medicine, or medical § 538.212 Exempt transactions. 1995 (60 FR 54579, October 24, 1995) or devices to the Government of Sudan, to * * * * * the Foreign Narcotics Kingpin any individual or entity in an area of (g) * * * Designation Act (21 U.S.C. 1901–1908), Sudan other than the Specified Areas of (2) * * * or to any foreign organization, group, or Sudan, or to persons in third countries persons subject to any restriction for its Note to § 538.212(g)(2): See § 538.523(a)(2) purchasing specifically for resale to the for a general license authorizing the involvement in weapons of mass foregoing, are authorized. exportation and reexportation of agricultural destruction or missile proliferation. commodities, medicine, and medical devices (2) If desired, entry into executory Executory contracts entered into contracts (including executory pro to the Specified Areas of Sudan, and the pursuant to paragraph (b)(2) of this conduct of related transactions. forma invoices, agreements in principle, section prior to the issuance of the one- or executory offers capable of year specific license described in this Subpart D—Interpretations acceptance such as bids in response to paragraph shall be deemed to have been public tenders) for the exportation or ■ 3. Amend § 538.405 by revising signed on the date of issuance of that reexportation of agricultural paragraph (d) to read as follows: one-year specific license (and, therefore, commodities, medicine, and medical the exporter is authorized to make devices to the Government of Sudan, to § 538.405 Transactions incidental to a shipments under that contract within any individual or entity in an area of licensed transaction authorized. the 12-month period beginning on the Sudan other than the Specified Areas of * * * * * date of issuance of the one-year specific Sudan, or to persons in third countries (d) Financing of licensed sales for license). purchasing specifically for resale to the exportation or reexportation of (2) General license for the Specified foregoing, is authorized, provided that agricultural commodities or products, Areas of Sudan. The exportation or performance of an executory contract is medicine, or medical equipment to the reexportation of agricultural expressly made contingent upon the Government of Sudan, to any individual commodities (including bulk prior issuance of the one-year specific or entity in an area of Sudan other than agricultural commodities listed in license described in paragraph (a)(1) of the Specified Areas of Sudan, or to appendix A to this part 538), medicine, this section. persons in third countries purchasing and medical devices to the Specified (c) Instructions for obtaining one-year specifically for resale to the foregoing. Areas of Sudan and the conduct of specific licenses. In order to obtain the See § 538.525. related transactions, including, but not one-year specific license described in limited to, the making of shipping and paragraph (a)(1) of this section, the Subpart E—Licenses, Authorizations, exporter must provide to the Office of and Statements of Licensing Policy cargo inspection arrangements, the obtaining of insurance, the arrangement Foreign Assets Control: ■ 4. Amend § 538.523 by redesignating of financing and payment, the entry into * * * * * paragraph (a), paragraph (b), and the executory contracts, and the provision ■ 5. Amend § 538.525 by revising introductory text to paragraph (c) to of brokerage services for such sales and paragraphs (a) introductory text and (b) read as follows: exports or reexports, are hereby to read as follows: authorized, provided that such activities § 538.523 Commercial sales, exportation, § 538.525 Payment for and financing of and reexportation of agricultural or transactions do not involve any commercial sales of agricultural commodities, medicine, and medical property or interests in property of the commodities, medicine, and medical devices. Government of Sudan and do not relate equipment. (a)(1) One-year specific license to the petroleum or petrochemical (a) General license for payment terms. requirement. The exportation or industries in Sudan, and also provided The following payment terms for sales, reexportation of agricultural that all such exports or reexports are pursuant to § 538.523(a)(1), of commodities (including bulk shipped within the 12-month period agricultural commodities and products, agricultural commodities listed in beginning on the date of the signing of medicine, and medical equipment to the appendix A to this part 538), medicine, the contract for export or reexport. Government of Sudan, to any individual or medical devices to the Government of Note 1 to § 538.523(a)(2): Consistent with or entity in an area of Sudan other than Sudan, to any individual or entity in an section 906(a)(1) of the Trade Sanctions the Specified Areas, or to persons in area of Sudan other than the Specified Reform and Export Enhancement Act of 2000 third countries purchasing specifically Areas of Sudan, or to persons in third (22 U.S.C. 7205), each year by the for resale to the foregoing are countries purchasing specifically for anniversary of its effective date of September authorized: resale to the foregoing, shall only be 9, 2009, the Office of Foreign Assets Control * * * * * made pursuant to a one-year specific will determine whether to revoke this general (b) Specific licenses for alternate license issued by the U.S. Department of license. Unless revoked, the general license payment terms. Specific licenses may be the Treasury, Office of Foreign Assets will remain in effect. issued on a case-by-case basis for

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payment terms and trade financing not DEPARTMENT OF HOMELAND notice and opportunity to comment authorized by the general license in SECURITY pursuant to authority under section 4(a) paragraph (a) of this section for sales of the Administrative Procedure Act pursuant to § 538.523(a)(1). See Coast Guard (APA) (5 U.S.C. 553(b)). This provision § 501.801(b) of this chapter for specific authorizes an agency to issue a rule licensing procedures. 33 CFR Part 100 without prior notice and opportunity to [Docket No. USCG–2009–0749] comment when the agency for good * * * * * cause finds that those procedures are ■ 6. Amend § 538.526 by revising RIN 1625–AA08 ‘‘impracticable, unnecessary, or contrary paragraph (a), the introductory text of to the public interest.’’ Under 5 U.S.C. Special Local Regulation for Marine paragraph (b), and paragraph (b)(2) to 553(b)(B), the Coast Guard finds that Events; Choptank River, Cambridge, read as follows: good cause exists for not publishing a MD notice of proposed rulemaking (NPRM) § 538.526 Brokering sales of agricultural AGENCY: Coast Guard, DHS. with respect to this rule because commodities, medicine, and medical ACTION: Temporary final rule. immediate action is needed to minimize devices. potential danger to the public during the (a) General license for brokering sales SUMMARY: The Coast Guard is event. The potential dangers posed by a by U.S. persons. United States persons temporarily suspending the existing high speed power boat race conducted on the waterway with other vessel are authorized to provide brokerage enforcement period of a special local traffic makes a special local regulation services on behalf of U.S. persons for regulation for a recurring marine event in the Fifth Coast Guard District and necessary to provide for the safety of the sale and exportation or adding a temporary enforcement period. participants, spectator craft and other reexportation by United States persons This regulation applies to only one vessels transiting the event area. For the of agricultural commodities, medicine, recurring marine event, the ‘‘Cambridge safety concerns noted, it is in the public and medical devices to the Government Offshore Challenge’’ power boat race. A interest to have this regulation in effect of Sudan, to any individual or entity in special local regulation is necessary to during the event. The Coast Guard will an area of Sudan other than the provide for the safety of life on issue broadcast notice to mariners to Specified Areas of Sudan, or to persons navigable waters during the event. This advise vessel operators of navigational in third countries purchasing action is intended to restrict vessel restrictions. On scene Coast Guard and specifically for resale to the foregoing, traffic in a portion of the Choptank local law enforcement vessels will also provided that the sale and exportation River, MD, during the event. provide actual notice to mariners. or reexportation is authorized by a one- DATES: In the Table to 33 CFR 100.501, Under 5 U.S.C. 553(d)(3), the Coast year specific license issued pursuant to the suspension of line No. 27 is effective Guard finds that good cause exists for § 538.523(a)(1). from September 9, 2009 to September making this rule effective less than 30 days after publication in the Federal (b) Specific licensing for brokering 30, 2009; and the addition of line No. 64 is effective from 9 a.m. to 6 p.m., on Register. The potential dangers posed sales by non-U.S. persons of bulk by boat races operating in close agricultural commodities. Specific September 19, 2009, and from 9 a.m. to 6 p.m., on September 20, 2009. proximity to transiting vessels make licenses may be issued on a case-by-case special local regulation necessary. ADDRESSES: basis to permit United States persons to Documents indicated in this Delaying the effective date would be provide brokerage services on behalf of preamble as being available in the contrary to the public interest, since non-United States, non-Sudanese docket are part of docket USCG–2009– immediate action is needed to ensure persons for the sale and exportation or 0749 and are available online by going the safety of the event participants, reexportation of bulk agricultural to http://www.regulations.gov, inserting patrol vessels, spectator craft and other commodities to the Government of USCG–2009–0749 in the ‘‘Keyword’’ vessels transiting the event area. Sudan, to any individual or entity in an box, and then clicking ‘‘Search.’’ They However, the Coast Guard will provide are also available for inspection or area of Sudan other than the Specified advance notifications to users of the copying at the Docket Management Areas of Sudan, or to persons in third effected waterways via marine Facility (M–30), U.S. Department of information broadcasts, local notice to countries purchasing specifically for Transportation, West Building Ground resale to the foregoing. Specific licenses mariners, commercial radio stations and Floor, Room W12–140, 1200 New Jersey area newspapers. issued pursuant to this section will Avenue, SE., Washington, DC 20590, authorize the brokering only of sales between 9 a.m. and 5 p.m., Monday Background and Purpose that: through Friday, except Federal holidays. Marine events are frequently held on * * * * * FOR FURTHER INFORMATION CONTACT: If the navigable waters within the (2) Are to purchasers permitted you have questions on this temporary boundary of the Fifth Coast Guard pursuant to § 538.523(a)(1); and rule, call or e-mail Dennis Sens, Project District. The on water activities that Manager, Fifth Coast Guard District, typically comprise marine events * * * * * Prevention Division, at 757–398–6204 include sailing regattas, power boat Dated: September 1, 2009. or e-mail at [email protected]. If races, swim races and holiday parades. Adam J. Szubin, you have questions on viewing the For a description of the geographical Director, Office of Foreign Assets Control. docket, call Renee V. Wright, Program area of each Coast Guard Sector— [FR Doc. E9–21553 Filed 9–8–09; 8:45 am] Manager, Docket Operations, telephone Captain of the Port Zone, please see 33 202–366–9826. CFR 3.25. BILLING CODE 4811–45–P SUPPLEMENTARY INFORMATION: This regulation temporarily suspends the enforcement period of a special local Regulatory Information regulation for a recurring marine event The Coast Guard is issuing this within the Fifth Coast Guard District temporary final rule without prior and temporarily adds a new

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enforcement period. This regulation In addition to notice in the Federal events are being held. This regulation applies to one marine event in 33 CFR Register, the maritime community will will not have a significant impact on a 100.501, Table to § 100.501. be provided extensive advance substantial number of small entities Annually, the Chesapeake Bay notification via the Local Notice to because it will be enforced only during Powerboat Association sponsors the Mariners, and marine information marine events that have been issued a ‘‘Cambridge Offshore Challenge’’, on the broadcasts so mariners can adjust their permit by the Coast Guard Captain of waters of the Choptank River at plans accordingly. the Port. The Captain of the Port will Cambridge, Maryland. The event Regulatory Analyses ensure that small entities are able to consists of approximately 50 offshore operate in the areas where events are power boats conducting high-speed We developed this rule after occurring when it is safe to do so. In competitive races between the Route 50 considering numerous statutes and some cases, vessels will be able to safely Bridge and Oystershell Point, MD. A executive orders related to rulemaking. transit around the regulated area at fleet of spectator vessels is anticipated. Below we summarize our analyses various times, and, with the permission The regulation at 33 CFR 100.501 is based on 13 of these statutes or of the Patrol Commander, vessels may effective annually for the Cambridge executive orders. transit through the regulated area. Offshore Challenge marine event. The Regulatory Planning and Review Before the enforcement period, the Coast Guard will issue maritime table to § 100.501, event No. 27 This rule is not a significant establishes the enforcement date for this advisories so mariners can adjust their regulatory action under section 3(f) of plans accordingly. marine event. This regulation Executive Order 12866, Regulatory temporarily suspends the enforcement Planning and Review, and does not Assistance for Small Entities date of ‘‘September 4th or last Saturday require an assessment of potential costs and Sunday’’ and temporarily adds the Under section 213(a) of the Small and benefits under section 6(a)(3) of that Business Regulatory Enforcement enforcement date of the third Saturday Order. The Office of Management and and Sunday in September, holding the Fairness Act of 1996 (Pub. L. 104–121), Budget has not reviewed it under that we offer to assist small entities in marine event on September 19 and 20, Order. 2009. The Chesapeake Bay Powerboat understanding the rule so that they can This rule prevents traffic from better evaluate its effects on them and Association who is the sponsor for this transiting a portion of the Choptank event intends to hold this event participate in the rulemaking process. River during specified events. The effect Small businesses may send comments annually; however, they have changed of this regulation will not be significant the date of the event for 2009 so that it on the actions of Federal employees due to the limited duration that the who enforce, or otherwise determine is outside the scope of the existing regulated area will be in effect and the enforcement period. A fleet of spectator compliance with, Federal regulations to extensive advance notifications that will the Small Business and Agriculture vessels is anticipated to gather nearby to be made to the maritime community via view the competition. Due to the need Regulatory Enforcement Ombudsman marine information broadcasts, local and the Regional Small Business for vessel control during the power boat radio stations and area newspapers so races, vessel traffic will be temporarily Regulatory Fairness Boards. The mariners can adjust their plans Ombudsman evaluates these actions restricted to provide for the safety of accordingly. Additionally, this participants, spectators and transiting annually and rates each agency’s rulemaking does not change the responsiveness to small business. If you vessels. Under provisions of 33 CFR permanent regulated areas that have 100.501, from 9 a.m. to 6 p.m. on wish to comment on actions by been published in 33 CFR 100.501, employees of the Coast Guard, call 1– September 19–20, 2009, vessels may not Table to § 100.501. In some cases vessel enter the regulated area unless they 888–REG–FAIR (1–888–734–3247). The traffic may be able to transit the Coast Guard will not retaliate against receive permission from the Coast regulated area when the Coast Guard Guard Patrol Commander. small entities that question or complain Patrol Commander deems it is safe to do about this rule or any policy or action Discussion of Rule so. of the Coast Guard. The Coast Guard will temporarily Small Entities Collection of Information suspend the regulation at 33 CFR Under the Regulatory Flexibility Act This rule calls for no new collection 100.501 by changing the date of (5 U.S.C. 601–612), we have considered of information under the Paperwork enforcement in the table to § 100.501 to whether this rule would have a Reduction Act of 1995 (44 U.S.C. 3501– reflect that the event will be conducted significant economic impact on a 3520). in 2009 on the third Saturday and substantial number of small entities. Sunday in September, September 19 The term ‘‘small entities’’ comprises Federalism and 20, 2009. This change is needed to small businesses, not-for-profit A rule has implications for federalism accommodate the sponsor’s schedule. organizations that are independently under Executive Order 13132, The special local regulation will be owned and operated and are not Federalism, if it has a substantial direct enforced from 9 a.m. to 6 p.m. on dominant in their fields, and effect on State or local governments and September 19 and 20, 2009, and will governmental jurisdictions with would either preempt State law or restrict general navigation in the populations of less than 50,000. impose a substantial direct cost of regulated area during the marine event. The Coast Guard certifies under 5 compliance on them. We have analyzed Except for persons or vessels authorized U.S.C. 605(b) that this rule will not have this rule under that Order and have by the Coast Guard Patrol Commander, a significant economic impact on a determined that it does not have no person or vessel may enter or remain substantial number of small entities. implications for federalism. in the regulated area during the effective This rule would affect the following period. The regulated area is needed to entities, some of which might be small Unfunded Mandates Reform Act control vessel traffic during the event to entities: The owners or operators of The Unfunded Mandates Reform Act enhance the safety of participants and vessels intending to transit or anchor in of 1995 (2 U.S.C. 1531–1538) requires transiting vessels. the Choptank River where marine Federal agencies to assess the effects of

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their discretionary regulatory actions. In Significantly Affect Energy Supply, excluded, under figure 2–1, paragraph particular, the Act addresses actions Distribution, or Use. We have (34)(h), of the Instruction. This rule that may result in the expenditure by a determined that it is not a ‘‘significant involves implementation of a regulation State, local, or Tribal government, in the energy action’’ under that order because within 33 CFR Part 100 that applies to aggregate, or by the private sector of it is not a ‘‘significant regulatory action’’ organized marine events on the $100,000,000 or more in any one year. under Executive Order 12866 and is not navigable waters of the United States Though this rule will not result in such likely to have a significant adverse effect that may have potential for negative an expenditure, we do discuss the on the supply, distribution, or use of impact on the safety or other interests of effects of this rule elsewhere in this energy. The Administrator of the Office waterway users and shore side activities preamble. of Information and Regulatory Affairs in the event area. The category of water has not designated it as a significant activities includes but is not limited to Taking of Private Property energy action. Therefore, it does not sail boat regattas, boat parades, power This rule will not effect a taking of require a Statement of Energy Effects boat racing, swimming events, crew private property or otherwise have under Executive Order 13211. racing, and sail board racing. taking implications under Executive Technical Standards Under figure 2–1, paragraph (34)(h), Order 12630, Governmental Actions and of the Instruction, an environmental Interference with Constitutionally The National Technology Transfer analysis checklist and a categorical Protected Property Rights. and Advancement Act (NTTAA) (15 exclusion determination are not U.S.C. 272 note) directs agencies to use required for this rule. Civil Justice Reform voluntary consensus standards in their This rule meets applicable standards regulatory activities unless the agency List of Subjects in 33 CFR Part 100 in sections 3(a) and 3(b)(2) of Executive provides Congress, through the Office of Marine safety, Navigation (water), Order 12988, Civil Justice Reform, to Management and Budget, with an Reporting and recordkeeping minimize litigation, eliminate explanation of why using these requirements, Waterways. ambiguity, and reduce burden. standards would be inconsistent with applicable law or otherwise impractical. ■ For the reasons discussed in the Protection of Children Voluntary consensus standards are preamble, the Coast Guard amends 33 We have analyzed this rule under technical standards (e.g., specifications CFR part 100 as follows: Executive Order 13045, Protection of of materials, performance, design, or Children from Environmental Health operation; test methods; sampling PART 100—SAFETY OF LIFE ON Risks and Safety Risks. This rule is not procedures; and related management NAVIGABLE WATERS an economically significant rule and systems practices) that are developed or ■ does not create an environmental risk to adopted by voluntary consensus 1. The authority citation for part 100 health or risk to safety that may standards bodies. continues to read as follows: disproportionately affect children. This rule does not use technical Authority: 33 U.S.C. 1233. standards. Therefore, we did not Indian Tribal Governments consider the use of voluntary consensus ■ 2. In the Table to § 100.501: This rule does not have Tribal standards. ■ a. Suspend line No. 27 from implications under Executive Order September 9, 2009 to September 30, Environment 13175, Consultation and Coordination 2009; and with Indian Tribal Governments, We have analyzed this rule under ■ b. From 9 a.m. to 6 p.m., on because it does not have a substantial Department of Homeland Security September 19, 2009, and from 9 a.m. to direct effect on one or more Indian Management Directive 023–01 and 6 p.m., on September 20, 2009, add line Tribes, on the relationship between the Commandant Instruction M16475.lD, No. 64. Federal Government and Indian Tribes, which guide the Coast Guard in The addition reads as follows: or on the distribution of power and complying with the National responsibilities between the Federal Environmental Policy Act of 1969 § 100.501 Special Local Regulations; Government and Indian Tribes. (NEPA) (42 U.S.C. 4321–4370f), and Marine Events in the Fifth Coast Guard have concluded this action is one of a District. Energy Effects category of actions which do not * * * * * We have analyzed this rule under individually or cumulatively have a Table To § 100.501.—All coordinates Executive Order 13211, Actions significant effect on the human listed in the Table to § 100.501 reference Concerning Regulations That environment. This rule is categorically Datum NAD 1983.

COAST GUARD SECTOR BALTIMORE—COTP ZONE

Number Date Event Sponsor Location

******* 64...... September 19–20, 2009 Cambridge Offshore Chesapeake Bay Power The waters of the Choptank River, near Cam- Challenge power boat Boat Association. bridge, Maryland, from shoreline to shoreline, race. bounded to the west by the Route 50 Bridge and bounded to the east by a line drawn along longitude 076° W, between Goose Point, MD and Oystershell Point, MD.

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Dated: August 19, 2009. 2716, acceptable to the Director, permission from the Captain of the Port, Wayne E. Justice, National Pollution Funds Center, in an Port Arthur or a designated Rear Admiral, U.S. Coast Guard, Commander, amount equal to or greater than the total representative. Fifth Coast Guard District. applicable amounts determined under DATES: This rule is effective from [FR Doc. E9–21562 Filed 9–8–09; 8:45 am] 33 CFR 138.80(f). As required by the September 9, 2009 until November 30, BILLING CODE 4910–15–P Paperwork Reduction Act of 1995 (44 2009. U.S.C. 3501–3520), the COFR final rule ADDRESSES: Documents indicated in this preamble stated that the Coast Guard preamble as being available in the DEPARTMENT OF HOMELAND would not enforce the collection of docket are part of docket USCG–2009– SECURITY information requirements under 33 CFR 0317 and are available online by going 138.85 until the collection of Coast Guard to http://www.regulations.gov, inserting information request was approved by USCG–2009–0317 in the ‘‘Keyword’’ OMB, and the Coast Guard published a 33 CFR Part 138 box, and then clicking ‘‘Search.’’ They notice in the Federal Register are also available for inspection or [USCG–2005–21780] announcing that OMB approved and copying at two locations: The Docket assigned a control number for the RIN 1625–AA98 Management Facility (M–30), U.S. requirement. Department of Transportation, West The Coast Guard submitted the Financial Responsibility for Water Building Ground Floor, Room W12–140, information collection request under Pollution (Vessels) and OPA 90 Limits 1200 New Jersey Avenue, SE., § 138.85 of the COFR final rule to OMB of Liability (Vessels and Deepwater Washington, DC 20590, between 9 a.m. for approval in accordance with the Ports) and 5 p.m., Monday through Friday, Paperwork Reduction Act of 1995. On except Federal holidays, and at Coast AGENCY: Coast Guard, DHS. July 15, 2009, OMB approved the Guard Marine Safety Unit Port Arthur, ACTION: Announcement of Office of collection of information and assigned 2901 Turtle Creek Dr., Port Arthur, Management and Budget (OMB) the collection OMB Control Number Texas 77642, between 8 a.m. and 4 p.m., approval of collection of information. 1625–0046 entitled ‘‘Financial Monday through Friday, except Federal Responsibility for Water Pollution Holidays. SUMMARY: The Coast Guard is (Vessels), (33 CFR 138.85).’’ The FOR FURTHER INFORMATION CONTACT: If announcing that the collection of approval for this collection of you have questions on this temporary information requirement under 33 CFR information expires on July 31, 2012. A rule, call or email LT Clint Smith, Coast 138.85, entitled ‘‘Financial copy of the OMB notice of action is Guard Marine Safety Unit Lake Charles; Responsibility for Water Pollution available in our online docket at http:// Telephone (337) 491–7819, e-mail (Vessels),’’ has been approved by OMB www.regulations.gov. [email protected]. If you have under the Paperwork Reduction Act of Dated: September 1, 2009. questions on viewing the docket, call 1995. The OMB control number is Craig A. Bennett, Renee V. Wright, Program Manager, 1625–0046. Director, National Pollution Funds Center, Docket Operations, telephone 202–366– DATES: The collection of information U.S. Coast Guard. 9826. requirement under 33 CFR 138.85 will [FR Doc. E9–21442 Filed 9–8–09; 8:45 am] SUPPLEMENTARY INFORMATION: be enforced from September 9, 2009. BILLING CODE 4910–15–P FOR FURTHER INFORMATION CONTACT: If Regulatory Information you have questions on this document The Coast Guard is issuing this contact Mr. Benjamin White, National DEPARTMENT OF HOMELAND temporary final rule without prior Pollution Funds Center, Coast Guard, SECURITY notice and opportunity to comment telephone 202–493–6863, e-mail pursuant to authority under section 4(a) [email protected]. If you Coast Guard of the Administrative Procedure Act have questions on viewing the docket (APA) (5 U.S.C. 553(b)). This provision (USCG–2005–21780), call Ms. Renee V. 33 CFR Part 165 authorizes an agency to issue a rule Wright, Program Manager, Docket [Docket No. USCG–2009–0317] without prior notice and opportunity to Operations, telephone 202–366–9826. comment when the agency for good SUPPLEMENTARY INFORMATION: On RIN 1625–AA87 cause finds that those procedures are September 17, 2008, the Coast Guard ‘‘impracticable, unnecessary, or contrary Security Zone; Calcasieu River, published a final rule entitled to the public interest.’’ Under 5 U.S.C. Hackberry, LA ‘‘Financial Responsibility for Water 553(b)(B), the Coast Guard finds that Pollution (Vessels) and OPA 90 Limits AGENCY: Coast Guard, DHS good cause exists for not publishing a of Liability (Vessels and Deepwater ACTION: Temporary final rule. notice of proposed rulemaking (NPRM) Ports)’’ (73 FR 53691) (COFR final rule), with respect to this rule because the amending the Oil Pollution Act of 1990 SUMMARY: The Coast Guard is facility will begin operations before a (OPA 90) financial responsibility establishing a temporary security zone Notice and Comment period could be requirements, including the information on the waters of the Calcasieu River for completed, and delaying the beginning collection requirements under 33 CFR the mooring basin at Cameron LNG in of facility operations is impracticable 138.85. With the exception of this Hackberry, LA. The security zone is due to the substantial expense and effort collection of information, the COFR needed to protect vessels, waterfront involved, and contrary to the public final rule became effective on October facilities, the public, and other interest in having this facility 17, 2008. surrounding areas from destruction, operational. This information collection under 33 loss, or injury caused by sabotage, Under 5 U.S.C. 553(d)(3), the Coast CFR 138.85 requires operators of vessels subversive acts, accidents, or other Guard finds that good cause exists for to establish evidence of financial actions of a similar nature. Entering this making this rule effective less than 30 responsibility under OPA 90, 33 U.S.C. security zone is prohibited without days after publication in the Federal

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Register with respect to this rule then along the shoreline to the Cameron LNG in Hackberry, LA. This because the facility will begin beginning point. This security zone will security zone will not have a significant operations before a thirty day period be part of a comprehensive port security economic impact on a substantial could be completed, and delaying the regime designed to safeguard human number of small entities for the beginning of facility operations is life, vessels, and waterfront facilities following reasons: This rule will be impracticable due to the substantial against sabotage or terrorist attacks. effective in a location where traffic is expense and effort involved, and All vessels not exempted under this minimal and for a limited time; and contrary to the public interest in having rule will be prohibited from entering the traffic will be allowed to enter the zone this facility operational. proposed security zone unless with permission from the Captain of the authorized by the Captain of the Port, Background and Purpose Port. Port Arthur or a designated Heightened awareness of potential representative. For authorization to Assistance for Small Entities terrorist acts requires enhanced security enter the proposed security zone vessels Under section 213(a) of the Small of our ports, harbors, and vessels. To can contact the Captain of the Port, Port Business Regulatory Enforcement enhance security, the Captain of the Arthur through Vessel Traffic Service Fairness Act of 1996 (Pub. L. 104–121), Port, Port Arthur is establishing a Port Arthur on VHF Channel 13, by we offer to assist small entities in temporary security zone on the waters telephone at (409) 719–5070, or by understanding the rule so that they can of the Calcasieu River in Hackberry, LA. facsimile at (409) 719–5090. better evaluate its effects on them and This zone will protect waterfront participate in the rulemaking process. facilities, persons, and vessels from Regulatory Analyses Small businesses may send comments subversive or terrorist acts. Vessels We developed this rule after on the actions of Federal employees operating within the Captain of the Port, considering numerous statutes and who enforce, or otherwise determine Port Arthur Zone are potential targets of executive orders related to rulemaking. compliance with, Federal regulations to terrorist attacks, or platforms from Below we summarize our analyses the Small Business and Agriculture which terrorist attacks may be launched based on 13 of these statutes or Regulatory Enforcement Ombudsman upon other vessels, waterfront facilities, executive orders. and the Regional Small Business and adjacent population centers. By Regulatory Fairness Boards. The Regulatory Planning and Review limiting access to this area, the Coast Ombudsman evaluates these actions Guard is reducing potential methods of This rule is not a significant annually and rates each agency’s attack on this facility and vessels regulatory action under section 3(f) of responsiveness to small business. If you moored in the basin. Vessels having a Executive Order 12866, Regulatory wish to comment on actions by need to enter this security zone must Planning and Review, and does not employees of the Coast Guard, call 1– obtain permission from the Captain of require an assessment of potential costs 888–REG–FAIR (1–888–734–3247). The the Port, Port Arthur or a designated and benefits under section 6(a)(3) of that Coast Guard will not retaliate against representative prior to entry. Order. The Office of Management and small entities that question or complain This rule is not designed to restrict Budget has not reviewed it under that about this rule or any policy or action access to vessels engaged, or assisting in Order. of the Coast Guard. commerce with waterfront facilities We expect the economic impact of within this security zone, vessels this rule to be so minimal that a full Collection of Information operated by port authorities, vessels Regulatory Evaluation under the This rule calls for no new collection operated by waterfront facilities within regulatory policies and procedures of of information under the Paperwork the security zone, and vessels operated DHS is unnecessary. The rule does not Reduction Act of 1995 (44 U.S.C. 3501– by federal, state, county or municipal affect traffic operating in navigable 3520). agencies. By limiting access to this area channels. Moreover, vessels may still the Coast Guard would reduce potential enter the security zone with permission Federalism methods of attack on vessels, waterfront from the Captain of the Port. A rule has implications for federalism facilities, and adjacent population under Executive Order 13132, centers located within the zone. All Small Entities Federalism, if it has a substantial direct vessels not exempted under the Under the Regulatory Flexibility Act effect on State or local governments and provisions of this proposed regulation (5 U.S.C. 601–612), we have considered would either preempt State law or desiring to enter this zone will be whether this rule would have a impose a substantial direct cost of required to obtain permission from the significant economic impact on a compliance on them. We have analyzed Captain of the Port, Port Arthur or a substantial number of small entities. this rule under that Order and have designated representative prior to entry. The term ‘‘small entities’’ comprises determined that it does not have small businesses, not-for-profit implications for federalism. Discussion of Rule organizations that are independently The Captain of the Port, Port Arthur owned and operated and are not Unfunded Mandates Reform Act is establishing a temporary security dominant in their fields, and The Unfunded Mandates Reform Act zone on the waters of the Calcasieu governmental jurisdictions with of 1995 (2 U.S.C. 1531–1538) requires River for the mooring basin at Cameron populations of less than 50,000. Federal agencies to assess the effects of LNG in Hackberry, LA. The coordinates The Coast Guard certifies under 5 their discretionary regulatory actions. In and locations of the security zone are as U.S.C. 605(b) that this rule will not have particular, the Act addresses actions follows: All waters encompassed by a a significant economic impact on a that may result in the expenditure by a line connecting the following points, substantial number of small entities. State, local, or tribal government, in the beginning at 30°02′33″ N, 093°19′53″ W, This rule will affect the following aggregate, or by the private sector of east to a point at 30°02′34″ N, entities, some of which may be small $100,000,000 or more in any one year. 093°19′50″ W, south to a point at entities: The owners or operators of Though this rule will not result in such 30°02′07″ N, 093°19′52″ W and east to vessels intending to transit in and on expenditure, we do discuss the effects of a point at 30°02′10″ N, 93°19′59″ W, the waters inside the mooring basin at this rule elsewhere in this preamble.

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Taking of Private Property technical standards (e.g., specifications then along the shoreline to the This rule will not affect a taking of of materials, performance, design, or beginning point. private property or otherwise have operation; test methods; sampling (b) Regulations: taking implications under Executive procedures; and related management (1) Entry into or remaining in this Order 12630, Governmental Actions and systems practices) that are developed or zone is prohibited for all vessels except: Interference with Constitutionally adopted by voluntary consensus (i) Commercial vessels operating at Protected Property Rights. standards bodies. waterfront facilities within this zone; This rule does not use technical (ii) Commercial vessels transiting Civil Justice Reform standards. Therefore, we did not directly to or from waterfront facilities This rule meets applicable standards consider the use of voluntary consensus within this zone; in sections 3(a) and 3(b)(2) of Executive standards. (iii) Vessels providing direct Order 12988, Civil Justice Reform, to operational or logistical support to Environment minimize litigation, eliminate commercial vessels within this zone; ambiguity, and reduce burden. We have analyzed this rule under (iv) Vessels operated by the Department of Homeland Security appropriate port authority or by Protection of Children Management Directive 5100.1 and facilities located within this zone; and We have analyzed this rule under Commandant Instruction M16475.lD, (v) Vessels operated by federal, state, Executive Order 13045, Protection of which guide the Coast Guard in county, or municipal agencies. Children from Environmental Health complying with the National (2) Other persons or vessels requiring Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 entry into the security zone described in an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and this section must request permission does not create an environmental risk to have concluded under the Instruction from the Captain of the Port, Port Arthur health or risk to safety that may that there are no factors in this case that or designated representatives. disproportionately affect children. would limit the use of a categorical (3) To request permission as required by these regulations, contact MSU Port Indian Tribal Governments exclusion under section 2.B.2 of the Instruction. Therefore, this rule is Arthur by phone at (409) 719–5070. This rule does not have tribal categorically excluded, under figure 2– (c) This is a temporary rule enabling implications under Executive Order 1, paragraph (34)(g), of the Instruction, the required security zone specifically 13175, Consultation and Coordination from further environmental for arrival of Cameron LNG’s with Indian Tribal Governments, documentation. A final environmental commissioning cargoes. There is a because it does not have a substantial analysis checklist and categorical Notice of Rulemaking (NPRM) being direct effect on one or more Indian exclusion determination are available in drafted to propose this security zone tribes, on the relationship between the the docket where indicated under permanently. Until the NPRM and Federal Government and Indian tribes, subsequent final rule are official, this ADDRESSES. or on the distribution of power and TFR allows for the security zone at responsibilities between the Federal List of Subjects in 33 CFR Part 165 Cameron LNG. Government and Indian tribes. Harbors, Marine safety, Navigation Dated: May 19, 2009. Energy Effects (water), Reporting and recordkeeping J.J. Plunkett, We have analyzed this rule under requirements, Security measures, Captain, U.S. Coast Guard, Captain of the Executive Order 13211, Actions Waterways. Port, Port Arthur. Concerning Regulations That ■ For the reasons discussed in the Editorial Note: This document was Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 received in the Office of the Federal Register Distribution, or Use. We have CFR part 165 as follows: on September 2, 2009. determined that it is not a ‘‘significant [FR Doc. E9–21578 Filed 9–8–09; 8:45 am] energy action’’ under that order because PART 165—REGULATED NAVIGATION BILLING CODE 4910–15–P it is not a ‘‘significant regulatory action’’ AREAS AND LIMITED ACCESS AREAS under Executive Order 12866 and is not ■ 1. The authority citation for part 165 likely to have a significant adverse effect continues to read as follows: ENVIRONMENTAL PROTECTION on the supply, distribution, or use of AGENCY energy. The Administrator of the Office Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. of Information and Regulatory Affairs Chapter 701; 50 U.S.C. 191, 195, 33 CFR 40 CFR Part 180 has not designated it as a significant 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of [EPA–HQ–OPP–2002–0043; FRL–8432–2] energy action. Therefore, it does not Homeland Security Delegation No. 0170.1. require a Statement of Energy Effects Pesticide Tolerance Nomenclature under Executive Order 13211. ■ 2. Add a new temporary § 165.T08– Changes; Technical Amendment 0317 to read as follows: Technical Standards AGENCY: Environmental Protection The National Technology Transfer § 165.T08–0317 Security Zone; Calcasieu Agency (EPA). River, Hackberry, Louisiana. and Advancement Act (NTTAA) (15 ACTION: Final rule. U.S.C. 272 note) directs agencies to use (a) Location. The following area is a voluntary consensus standards in their temporary security zone: Cameron LNG SUMMARY: This final rule makes minor regulatory activities unless the agency basin, all waters encompassed by a line revisions to the terminology of certain provides Congress, through the Office of connecting the following points, commodity terms listed under 40 CFR Management and Budget, with an beginning at 30°02′33″ N, 093°19′53″ W, part 180, subpart C. This action explanation of why using these east to a point at 30°02′34″ N, establishes a uniform listing of standards would be inconsistent with 093°19′50″ W, south to a point at commodity terms. applicable law or otherwise impractical. 30°02′07″ N, 093°19′52″ W and east to DATES: This document is effective Voluntary consensus standards are a point at 30°02′10″ N, 93° 19′59″ W, September 9, 2009. Objections and

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requests for hearings must be received assist you and others in determining Facility’s normal hours of operation on or before November 9, 2009, and whether this action might apply to (8:30 a.m. to 4 p.m., Monday through must be filed in accordance with the certain entities. If you have any Friday, excluding legal holidays). instructions provided in 40 CFR part questions regarding the applicability of Special arrangements should be made 178 (see also Unit I.C. of the this action to a particular entity, consult for deliveries of boxed information. The SUPPLEMENTARY INFORMATION). the person listed under FOR FURTHER Docket Facility telephone number is ADDRESSES: EPA has established a INFORMATION CONTACT. (703) 305–5805. docket for this action under docket B. How Can I Access Electronic Copies II. Background identification (ID) number EPA–HQ– of this Document? EPA’s Office of Pesticide Programs OPP–2002–0043. All documents in the In addition to accessing an electronic (OPP) has developed a commodity docket are listed in the docket index copy of this Federal Register document vocabulary database entitled Food and available at http://www.regulations.gov. through the electronic docket at http:/ Feed Commodity Vocabulary. The Although listed in the index, some www.regulations.gov, you may access database was developed to consolidate information is not publicly available, this Federal Register document all the major OPP commodity e.g., Confidential Business Information electronically through the EPA Internet vocabularies into one standardized (CBI) or other information whose under the ‘‘Federal Register’’ listings at vocabulary. As a result, all future disclosure is restricted by statute. http://www.epa.gov/fedrgstr. You may pesticide tolerances issued under 40 Certain other material, such as also access a frequently updated CFR part 180 will use the ‘‘preferred copyrighted material, is not placed on electronic version of EPA’s tolerance commodity term’’ as listed in the the Internet and will be publicly regulations at 40 CFR part 180 through aforementioned database. This is the available only in hard copy form. the Government Printing Office’s e-CFR tenth in a series of documents revising Publicly available docket materials are site at http://www.gpoaccess.gov/ecfr. the terminology of commodity terms available either in the electronic docket listed under 40 CFR part 180. Nine final at http://www.regulations.gov, or, if only C. Can I File an Objection or Hearing rules, revising pesticide tolerance available in hard copy, at the OPP Request? nomenclature, have published in the Regulatory Public Docket in Rm. S– Under section 408(g) of FFDCA, 21 Federal Register: June 19, 2002 (67 FR 4400, One Potomac Yard (South Bldg.), U.S.C. 346a, any person may file an 41802) (FRL–6835–2); June 21, 2002 (67 2777 S. Crystal Drive, Arlington, VA. objection to any aspect of this regulation FR 42392) (FRL–7180–1); July 1, 2003 The Docket Facility is open from 8:30 and may also request a hearing on those (68 FR 39428) (FRL–7308–9) and (68 FR a.m. to 4 p.m., Monday through Friday, objections. You must file your objection 39435) (FRL–7316–9); December 13, excluding legal holidays. The Docket or request a hearing on this regulation 2006 (71 FR 74802) (FRL–8064–3); Facility telephone number is (703) 305– in accordance with the instructions September 18, 2007 (72 FR 53134) 5805. provided in 40 CFR part 178. To ensure (FRL–8126–5) (corrected on October 31, FOR FURTHER INFORMATION CONTACT: proper receipt by EPA, you must 2007 (72 FR 61535) (FRL–8151–4); Stephen Schaible, Registration Division identify docket ID number EPA–HQ– October 10, 2008 (73 FR 60151) (FRL– (7505C), Office of Pesticide Programs, OPP–2002–0043 in the subject line on 8376–1) and June 3, 2009 (74 FR 26527) Environmental Protection Agency, 1200 the first page of your submission. All (FRL–8417–9). EPA issued a proposed Pennsylvania Ave., NW., Washington, requests must be in writing, and must be rule in the Federal Register of May 29, DC 20460–0001; telephone number: mailed or delivered to the Hearing Clerk 2009 (74 FR 25689) (FRL–8403–8), (703) 308–9362; e-mail address: as required by 40 CFR part 178 on or announcing proposed terminology [email protected]. before November 9, 2009. changes to 40 CFR part 180, subpart C. SUPPLEMENTARY INFORMATION: In addition to filing an objection or No comments were received in response hearing request with the Hearing Clerk to the May 29, 2009 Federal Register I. General Information as described in 40 CFR part 178, please proposed rule. A. Does this Action Apply to Me? submit a copy of the filing that does not III. Statutory and Exective Order contain any CBI for inclusion in the Reviews You may be potentially affected by public docket that is described in this action if you are an agricultural ADDRESSES. Information not marked This document makes technical producer, food manufacturer, or confidential pursuant to 40 CFR part 2 amendments to the Code of Federal pesticide manufacturer. Potentially may be disclosed publicly by EPA Regulations which have no substantive affected entities may include, but are without prior notice. Submit this copy, impact on the underlying regulations, not limited to: identified by docket ID number EPA– and it does not otherwise impose or • Crop production (NAICS code HQ–OPP–2002–0043, by one of the amend any requirements. As such, the 111). following methods: Office of Management and Budget • Animal production (NAICS code • Federal eRulemaking Portal: http:// (OMB) has determined that a technical 112). www.regulations.gov. Follow the on-line amendment is not a ‘‘significant • Food manufacturer (NAICS code instructions for submitting comments. regulatory action’’ subject to review by 311). • Mail: Office of Pesticide Programs OMB under Executive Order 12866, • Pesticide manufacturer (NAICS (OPP) Regulatory Public Docket (7502P), entitled Regulatory Planning and code 32532). Environmental Protection Agency, 1200 Review (58 FR 51735, October 4, 1993). This listing is not intended to be Pennsylvania Ave., NW., Washington, Because this rule has been exempted exhaustive, but rather provides a guide DC 20460–0001. from review under Executive Order for readers regarding entities likely to be • Delivery: OPP Regulatory Public 12866 due to its lack of significance, affected by this action. Other types of Docket (7502P), Environmental this final rule is not subject to Executive entities not listed in this unit could also Protection Agency, Rm. S–400, One Order 13211, Actions Concerning be affected. The North American Potomac Yard (South Bldg.), 2777 S. Regulations That Significantly Affect Industrial Classification System Crystal Dr., Arlington, VA. Deliveries Energy Supply, Distribution, or Use (66 (NAICS) codes have been provided to are only accepted during the Docket FR 28355, May 22, 2001). This rule does

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not contain any information collections defined in the Executive Order to List of Subjects in 40 CFR Part 180 subject to OMB approval under the include regulations that have Environmental protection, Paperwork Reduction Act (PRA), 44 ‘‘substantial direct effects on the States, Administrative practice and procedure, U.S.C. 3501 et seq., or impose any on the relationship between the national Agricultural commodities, Pesticides enforceable duty or contain any government and the States, or on the and pest, Reporting and recordkeeping unfunded mandate as described under distribution of power and requirements. Title II of the Unfunded Mandates responsibilities among the various Reform Act of 1995 (UMRA) (Public Dated: August 26, 2009. levels of government.’’ This rule directly Debra Edwards, Law 104–4). Nor does it require any regulates growers, food processors, food Director, Office of Pesticide Programs. special considerations under Executive handlers and food retailers, not States. Order 12898, entitled Federal Actions to This action does not alter the ■ Therefore, 40 CFR chapter I is Address Environmental Justice in relationships or distribution of power amended as follows: Minority Populations and Low-Income and responsibilities established by PART 180—[AMENDED] Populations (59 FR 7629, February 16, Congress in the preemption provisions 1994); or OMB review or any Agency of section 408(n)(4) of the FFDCA. For ■ 1. The authority citation for part 180 action under Executive Order 13045, these same reasons, the Agency has continues to read as follows: entitled Protection of Children from determined that this rule does not have Environmental Health Risks and Safety Authority: 21 U.S.C. 321(q), 346(a) and any ‘‘tribal implications’’ as described Risks (62 FR 19885, April 23, 1997). 371. in Executive Order 13175, entitled This action does not involve any ■ 2. Section 180.110 is amended by technical standards that would require Consultation and Coordination with removing the entry for ‘‘Cabbage, Agency consideration of voluntary Indian Tribal Governments (65 FR chinese,’’ and adding alphabetically the consensus standards pursuant to section 67249, November 6, 2000). Executive following entries to the table in 12(d) of the National Technology Order 13175, requires EPA to develop paragraph (a) to read as follows: Transfer and Advancement Act of 1995 an accountable process to ensure (NTTAA), Public Law 104–113, section ‘‘meaningful and timely input by tribal § 180.110 Maneb; tolerances for residues. 12(d) (15 U.S.C. 272 note). The officials in the development of (a)*** Regulatory Flexibility Act (RFA) (5 regulatory policies that have tribal U.S.C. 601 et seq.) generally requires an implications.’’ ‘‘Policies that have tribal agency to prepare a regulatory flexibility implications’’ is defined in the analysis of any rule subject to notice Executive Order to include regulations Parts per mil- Expiration/ and comment rulemaking requirements that have ‘‘substantial direct effects on Commodity lion Revocation under the Administrative Procedure Act one or more Indian tribes, on the Date or any other statute unless the agency relationship between the Federal ***** certifies that the rule will not have a Government and the Indian tribes, or on Cabbage, significant impact on a substantial the distribution of power and Chinese, number of small entities. Small entities responsibilities between the Federal bok choy 10 None include small businesses, small Government and Indian tribes.’’ This Cabbage, organizations, and small governmental rule will not have substantial direct Chinese, organizations. After considering the effects on tribal governments, on the napa ...... 10 None ***** economic impacts of today’s rule on relationship between the Federal small entities, I certify that this action Government and Indian tribes, or on the * * * * * will not have a significant economic distribution of power and impact on a substantial number of small ■ 3. Section 180.111 is amended by responsibilities between the Federal entities. This action proposes technical removing the entries for ‘‘Alfalfa,’’ Government and Indian tribes, as amendments to the Code of Federal ‘‘Bean,’’ ‘‘Beet (including tops),’’ Regulations which have no substantive specified in Executive Order 13175. ‘‘Clover,’’ ‘‘Corn, forage,’’ ‘‘Corn, grain, impact on the underyling regulations. Thus, Executive Order 13175 does not postharvest,’’ ‘‘Onion (including green This technical amendment will not have apply to this rule. onion),’’ ‘‘Salsify (including tops),’’ any negative economic impact on any ‘‘Soybean (dry and succulent),’’ entities, including small entities. In IV. Congressional Review Act ‘‘Squash, summer and winter,’’ and addition, the Agency has determined The Congressional Review Act, 5 ‘‘Turnip (including tops)’’ and that this action will not have a U.S.C. 801 et seq., generally provides alphabetically adding the following commodities to the table in paragraph substantial direct effect on States, on the that before a rule may take effect, the relationship between the national (a)(1) to read as follows: Agency promulgating the rule must government and the States, or on the submit a rule report that includes a copy § 180.111 Malathion; tolerances for distribution of power and of the rule to each House of the residues. responsibilities among the various levels of government, as specified in Congress and the Comptroller General of (a) General. (1)*** Executive Order 13132, entitled the United States. EPA will submit a Federalism (64 FR 43255, August 10, report containing this rule and other 1999). Executive Order 13132 requires required information to the U.S. Senate, Commodity Parts per million EPA to develop an accountable process the U.S. House of Representatives, and the Comptroller General of the United to ensure ‘‘meaningful and timely input Alfalfa, forage ...... 135 by State and local officials in the States prior to publication of the rule in Alfalfa, hay ...... 135 development of regulatory policies that the Federal Register. This rule is not a ***** have federalism implications.’’ ‘‘Policies ‘‘major rule’’ as defined by 5 U.S.C. Bean, dry seed ...... 8 that have federalism implications’’ is 804(2). Bean, succulent ...... 8

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Commodity Parts per million Commodity Parts per million Commodity Parts per million Beet, garden, roots ...... 8 ***** ***** Beet, garden, tops ...... 8 Vetch, forage ...... 1 Oat, groats/rolled oats .. 20 ***** Vetch, hay ...... 1 ***** Clover, forage ...... 135 Poultry, kidney ...... 0.5 Clover, hay ...... 135 ■ 5. Section 180.149 is amended by Poultry, liver ...... 0.5 removing the entry for ‘‘Corn, grain, ***** ***** Sheep, kidney ...... 0.5 Corn, field, forage ...... 8 postharvest’’ and adding alphabetically Sheep, liver ...... 0.5 Corn, field, grain, the following entries to the table in ***** postharvest ...... 8 paragraph (a)(2) to read as follows: Wheat, bran ...... 20 ***** Wheat, flour ...... 20 Corn, pop, grain, § 180.149 Mineral oil; tolerances for Wheat, germ ...... 20 postharvest ...... 8 residues. ***** Corn, sweet, forage ...... 8 (a)*** Wheat, middlings ...... 20 ***** (2)*** Wheat, shorts ...... 20 Onion, bulb ...... 8 ***** Onion, green ...... 8 ***** * * * * * Salsify, roots ...... 8 Commodity Parts per million ■ 7. Section 180.205 is amended by Salsify, tops ...... 8 removing the entry for ‘‘Mint, hay,’’ and Corn, field, grain, adding alphabetically the following ***** postharvest ...... 200 Soybean, seed ...... 8 Corn, pop, grain, entries to the table in paragraph (a) to Soybean, vegetable, postharvest ...... 200 read as follows: succulent ...... 8 ***** ***** § 180.205 Paraquat; tolerances for residues. Squash, summer ...... 8 * * * * * (a)*** Squash, winter ...... 8 ■ 6. Section 180.176 is amended by ***** removing the entries for ‘‘Barley, milled Turnip, greens ...... 8 feed fractions,’’ ‘‘Corn, forage,’’ ‘‘Corn, Turnip, roots ...... 8 stover,’’ ‘‘Kidney,’’ ‘‘Liver,’’ ‘‘Oat, milled Commodity Parts per million ***** feed fractions,’’ and ‘‘Wheat, milled byproducts’’ and adding alphabetically ***** * * * * * the following entries to the table in Peppermint, tops ...... 0.5 ■ 4. Section 180.121 is amended as paragraph (a) to read as follows: ***** follows: Spearmint, tops ...... 0.5 § 180.176 Mancozeb; tolerances for ***** ■ a. By removing the entry for ‘‘Corn’’ residues. from the table in paragraph (a). (a)*** * * * * * ■ b. By removing the entry for ‘‘Vetch’’ ■ 8. Section 180.222 is amended by from the table in paragraph (e). removing the entry for ‘‘Corn, grain’’ ■ and adding alphabetically the following c. By adding alphabetically the Commodity Parts per million following entries to the tables in entries to the table in paragraph (a) to read as follows: paragraphs (a) and (e) to read as follows: ***** Barley, bran ...... 20 § 180.121 Methyl parathion; tolerances for § 180.222 Prometryn; tolerances for Barley, flour ...... 20 residues. residues. ***** (a)*** (a)*** Barley, pearled barley .. 20 ***** Cattle, kidney ...... 0.5 Cattle, liver ...... 0.5 ***** Commodity Parts per million Expira- Corn, field, forage ...... 5 Commodity Parts per tion/Rev- ***** ***** million ocation Corn, field, stover ...... 5 Corn, field, grain ...... 0.25 Date Corn, pop, stover ...... 5 Corn, pop, grain ...... 0.25 Corn, sweet, forage ...... 5 ***** ***** ***** Corn, field, grain ... 1.0 None Corn, sweet, stover ...... 5 * * * * * Corn, pop, grain .... 1.0 None ***** ■ 9. Section 180.225 is amended by ***** Goat, kidney ...... 0.5 removing the entry for ‘‘Cabbage, Corn, sweet, kernel Goat, liver ...... 0.5 plus cob with ***** Chinese’’ and adding alphabetically the husks removed .. 1.0 None Hog, kidney ...... 0.5 following entries to the table in ***** Hog, liver ...... 0.5 paragraph (a)(1) to read as follows: Horse, kidney ...... 0.5 Horse, liver ...... 0.5 § 180.225 Phosphine; tolerances for * * * * * ***** residues. (e)*** Oat, flour ...... 20 (a) General. (1)***

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■ 11. Section 180.253 is amended by removing the entries for ‘‘Alfalfa,’’ Commodity Parts per million ‘‘Cabbage, chinese,’’ ‘‘Corn forage,’’ Commodity Parts per million ‘‘Corn, grain (inc pop),’’ ‘‘Corn, stover,’’ ***** and ‘‘Mint, hay,’’ and adding ***** Cabbage, Chinese, bok alphabetically the following entries to Corn, sweet, forage ...... 10 choy ...... 0.01 Corn, sweet, stover ...... 10 Cabbage, Chinese, the table in paragraph (a) to read as follows: ***** napa ...... 0.01 Peppermint, tops ...... 2 ***** § 180.253 Methomyl; tolerances for ***** residues. Spearmint, tops ...... 2 * * * * * (a)*** ***** ■ 10. Section 180.235 is amended by revising paragraph (a)(2) to read as * * * * * follows: ■ 12. Section 180.254 is amended by § 180.235 Dichlorvos; tolerances for Commodity Parts per million removing the entries for ‘‘Corn, forage residues. Alfalfa, forage ...... 10 (of which no more than 5 ppm are (a) General.*** Alfalfa, hay ...... 10 carbamates),’’ ‘‘Corn, grain (including (2) The tolerance of 0.1 part per ***** popcorn) (of which no more than 0.1 million prescribed by 21 CFR 556.180 Cabbage, Chinese, bok ppm is carbamates), and ‘‘Corn, stover for negligible residues of 2,2- choy ...... 5 (of which no more than 5 ppm are dichlorovinyl dimethyl phosphate in Cabbage, Chinese, carbamates)’’ and adding alphabetically hog, fat; hog, meat; hog, meat napa ...... 5 the following entries to the table in byproducts; and hog, skin covers both ***** paragraph (a) to read as follows: its use as an anthelmintic in swine feed Corn, field, forage ...... 10 Corn, field, grain ...... 0.1 and as an insecticide applied directly to § 180.254 Carbofuran; tolerances for Corn, field, stover ...... 10 residues. swine. Corn, pop, grain ...... 0.1 * * * * * Corn, pop, stover ...... 10 (a)***

Expiration/Rev- Commodity Parts per million ocation date ***** Corn, field, forage (of which no more than 5 ppm are carbamates) ...... 25 12/31/09 Corn, field, grain (of which no more than 0.1 ppm is carbamates) ...... 0.2 12/31/09 Corn, field, stover (of which no more than 5 ppm are carbamates) ...... 25 12/31/09 Corn, pop, grain (of which no more than 0.1 ppm is carbamates) ...... 0.2 12/31/09 Corn, pop, stover (of which no more than 5 ppm are carbamates) ...... 25 12/31/09 Corn, sweet, forage (of which no more than 5 ppm are carbamates) ...... 25 12/31/09 ***** Corn, sweet, stover (of which no more than 5 ppm is carbamates) ...... 25 12/31/09 *****

* * * * * adding alphabetically the following ■ 15. Section 180.275 is amended by ■ 13. Section 180.261 is amended by entries to the table in paragraph (a) to removing the entry for ‘‘Mint hay’’ and removing the entry for ‘‘Alfalfa’’ and read as follows: adding alphabetically the following adding alphabetically the following entries to the table in paragraph (c) to entries to the table in paragraph (a) to § 180.262 Ethoprop; tolerances for read as follows: read as follows: residues. § 180.275 Chlorothalonil; tolerances for (a)*** § 180.261 N-(Mercaptomethyl)phthalimide residues. S-(O,O-dimethylphosphorodithioate) and its * * * * * oxygen analog; tolerances for residues. (c)*** (a)*** Commodity Parts per million

***** Corn, field, forage ...... 0.02 Commodity Parts per million Commodity Parts per million Corn, field, grain ...... 0.02 ***** Alfalfa, forage ...... 40 Corn, field, stover ...... 0.02 Peppermint, tops ...... 2 Alfalfa, hay ...... 40 Corn, pop, grain ...... 0.02 ***** ***** Corn, pop, stover ...... 0.02 Spearmint, tops ...... 2 Corn, sweet, forage ...... 0.02 * * * * * ***** ■ 14. Section 180.262 is amended by Corn, sweet, stover ...... 0.02 * * * * * removing the entries for ‘‘Corn, forage,’’ ■ 16. Section 180.284 is amended by ‘‘Corn, grain,’’ and ‘‘Corn, stover,’’ and * * * * * removing the entry for ‘‘Grass

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(rangeland)’’ and adding alphabetically the following entries to the table in paragraph (a) to read as follows: Expira- Commodity Parts per million Commodity Parts per tion/rev- § 180.284 Zinc phosphide; tolerances for million ocation Tomato, puree ...... 3.0 residues. date ***** (a)*** ***** Wheat, bran ...... 0.10 12/31/08 * * * * * Wheat, flour ...... 0.10 12/31/08 (d)*** Wheat, germ ...... 0.10 12/31/08 Commodity Parts per million ***** Wheat, middlings .. 0.10 12/31/08 ***** Wheat, shorts ...... 0.10 12/31/08 Commodity Parts per million Grass, rangeland, forage ...... 0.1 ■ 20. Section 180.379 is amended by Barley, bran ...... 1.0 Grass, rangeland, hay .. 0.1 Barley, flour ...... 1.0 ***** removing the entries for ‘‘Corn, forage,’’ ‘‘Corn, grain,’’ and ‘‘Corn, stover’’ and ***** Barley, pearled barley .. 1.0 * * * * * adding alphabetically the following ***** entries to the table in paragraph (a)(1) to ■ Oat, flour ...... 1.0 17. Section 180.288 is amended by read as follows: removing the entries for ‘‘Corn, grain’’ ***** § 180.379 Cyano(3-phenoxyphenyl)methyl- Oat, groats, rolled oats 1.0 and ‘‘Corn, stover’’ and adding ***** alphabetically the following entries to 4-chloro-α- (1-methylethyl) benzeneacetate; tolerances for residues. Wheat, bran ...... 1.0 the table in paragraph (a) to read as ***** follows: (a) General. (1)*** Wheat, flour ...... 1.0 ***** § 180.288 2- Wheat, germ ...... 1.0 (Thiocyanomethylthio)benzothiazole; ***** tolerances for residues. Commodity Parts per million Wheat, middlings ...... 1.0 (a)*** Wheat, shorts ...... 1.0 ***** ***** Corn, field, forage ...... 50.0 Corn, field, grain ...... 0.02 * * * * * Commodity Parts per million Corn, field, stover ...... 50.0 ■ Corn, pop, grain ...... 0.02 22. Section 180.411 is amended by Corn, pop, stover ...... 50.0 removing the entry for ‘‘Cotton, oil’’ and ***** adding alphabetically the following Corn, field, grain ...... 0.1 Corn, sweet, forage ...... 50.0 Corn, field, stover ...... 0.1 ***** entry to the table in paragraph (a) to Corn, pop, grain ...... 0.1 Corn, sweet, stover ...... 50.0 read as follows: ***** Corn, pop, stover ...... 0.1 § 180.411 Fluazifop-P-butyl; tolerances for ***** * * * * * residues. ■ (a) General.*** ■ 18. Section 180.331 is amended by 21. Section 180.408 is amended as removing the entry for ‘‘Clover,’’ and follows: ■ a. By removing the entries for ‘‘Potato, adding alphabetically the following processed (including potato, chips),’’ entries to the table in paragraph (a) to and ‘‘Tomato, processed’’ from the table Commodity Parts per million read as follows: in paragraph (a). ■ b. By removing the entries for ‘‘Barley, ***** § 180.331 4-(2,4-Dichlorophenoxy)butyric Cotton, refined oil ...... 0.2 acid; tolerances for residues. milling fractions’’ and ‘‘Oat milling ***** (a)*** fractions,’’ and ‘‘Wheat, milling fractions’’ from the table in paragraph ■ (d). 23. Section 180.419 is amended by ■ c. By adding alphabetically the revising the table in paragraph (a)(2) to read as follows: Commodity Parts per million following entries to the tables in paragraphs (a) and (d) to read as follows: § 180.419 Chlorpyrifos-methyl; tolerances ***** for residues. Clover, forage ...... 0.2 § 180.408 Metalaxyl; tolerances for Clover, hay ...... 0.2 residues. (a) General.*** ***** (a)*** (2)***

■ 19. Section 180.377 is amended by removing the entry for ‘‘Wheat, milled Commodity Parts per million byproducts’’ and adding alphabetically Commodity Parts per million the following entries to the table in ***** Barley, bran ...... 90 paragraph (b) to read as follows: Potato, chips ...... 4.0 Barley, pearled barley .. 90 Potato, granules, flakes 4.0 Rice, bran ...... 30 § 180.377 Diflubenzuron; tolerances for ***** Rice, hulls ...... 30 residues. Potato, wet peel ...... 4.0 Rice, polished rice ...... 30 * * * * * ***** Sorghum, grain, bran ... 90 (b)*** Tomato, paste ...... 3.0 Wheat, bran ...... 30

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following entries to the table in ■ 29. Section 180.443 is amended by paragraph (a)(1) to read as follows: removing the entry for ‘‘Grape pomace Commodity Parts per million (wet and dry)’’ and adding § 180.436 Cyfluthrin and the isomer beta- alphabetically the following entries to cyfluthrin; tolerances for residues. Wheat, germ ...... 30 the table in paragraph (a) to read as Wheat, middlings ...... 30 (a) General. (1)*** follows: Wheat, shorts ...... 30 § 180.443 Myclobutanil; tolerances for * * * * * residues. ■ 24. Section 180.431 is amended by Commodity Parts per million (a) * * * removing the entries for ‘‘Barley, milled ***** fractions (except flour),’’ ‘‘Grass, forage Tomato, dry pomace .... 5.0 Commodity Parts per million and hay,’’ ‘‘Mint, hay,’’ and ‘‘Wheat, Tomato, wet pomace .... 5.0 milled fractions (except flour),’’ and ***** ***** adding alphabetically the following Grape, dried pomace ... 10.0 ***** entries to the table in paragraph (a) to * * * * * Grape, wet pomace ...... 10.0 read as follows: ■ 27. Section 180.440 is amended by ***** § 180.431 Clopyralid; tolerances for removing the entries for ‘‘Corn, field, residues. fodder and forage, pop and sweet’’ and * * * * * ‘‘Corn, field, grain and pop’’ and adding (a)*** ■ 30. Section 180.446 is amended by alphabetically the following entries to removing the entry for ‘‘Apple, pomace’’ the table in paragraph (a) to read as and adding alphabetically the following follows: entries to the table in paragraph (a)(1) to Commodity Parts per million § 180.440 Tefluthrin; tolerances for read as follows: residues. § 180.446 Clofentezine; tolerances for ***** (a)*** Barley, bran ...... 12 residues. ***** (a) General. (1) * * * Barley, pearled barley .. 12 ***** Commodity Parts per million Grass, forage ...... 500.0 Commodity Parts per million Grass, hay ...... 500.0 Corn, field, forage ...... 0.06 ***** ***** Apple, dry pomace ...... 3.0 Peppermint, tops ...... 3.0 Corn, field, grain ...... 0.06 Corn, field, stover ...... 0.06 Apple, wet pomace ...... 3.0 ***** ***** Spearmint, tops ...... 3.0 Corn, pop, grain ...... 0.06 ***** Corn, pop, stover ...... 0.06 Wheat, bran ...... 12 Corn, sweet, forage ...... 0.06 * * * * * ***** ***** ■ 31. Section 180.452 is amended by Wheat, germ ...... 12 Corn, sweet, stover ...... 0.06 ***** removing the entries for ‘‘Corn, forage,’’ ***** ‘‘Corn, grain,’’ and ‘‘Corn, stover’’ and Wheat, middling ...... 12 adding alphabetically the following Wheat, shorts ...... 12 * * * * * entries to the table in paragraph (a) to ***** ■ 28. Section 180.442 is amended by read as follows: removing the entries for ‘‘Corn, forage,’’ * * * * * ‘‘Corn, grain (field, seed, and pop),’’ and § 180.452 Primisulfuron-methyl; tolerances ■ 25. Section 180.435 is amended by ‘‘Corn, stover’’ and adding for residues. removing the entry for ‘‘Tomato, alphabetically the following entries to (a)*** concentrated products’’ and adding the table in paragraph (a)(1) to read as alphabetically the following entries to follows: the table in paragraph (a)(1) to read as § 180.442 Bifenthrin; tolerances for follows: residues. Commodity Parts per million § 180.435 Deltamethrin; tolerances for (a) General. (1)*** ***** residues. Corn, field, forage ...... 0.10 (a) General. (1)*** Corn, field, grain ...... 0.02 Corn, field, stover ...... 0.10 Commodity Parts per million Corn, pop, grain ...... 0.02 Corn, pop, stover ...... 0.10 Commodity Parts per million ***** Corn, sweet, forage ...... 0.10 Corn, field, forage ...... 3.0 ***** ***** Corn, field, grain ...... 0.05 Corn, sweet, stover ...... 0.10 Tomato, paste ...... 1.0 Corn, field, stover ...... 5.0 ***** Tomato, puree ...... 1.0 Corn, pop, grain ...... 0.05 ***** Corn, pop, stover ...... 5.0 * * * * * Corn, sweet, forage ...... 3.0 ***** ■ 32. Section 180.454 is amended by * * * * * Corn, sweet, stover ...... 5.0 removing the entries for ‘‘Corn, grain’’ ■ 26. Section 180.436 is amended by ***** and ‘‘Corn, stover’’ and adding removing the entry for ‘‘Tomato, alphabetically the following entries to pomace’’ and adding alphabetically the * * * * * the table to read as follows:

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§ 180.454 Nicosulfuron, [3- * * * * * pyridinecarboxamide, 2-((((4,6- ■ 35. Section 180.476 is amended by dimethoxypyrimidin-2- Commodity Parts per million yl)aminocarbonyl)aminosulfonyl))-N,N- removing the entries for ‘‘Apple, dimethyl]; tolerances for residues. pomace’’ and ‘‘Grape pomace’’ and adding alphabetically the following Goat, meat byproducts 0.08 * * * * * Hog, fat ...... 0.1 entries to the table in paragraph (a)(1) to Hog, meat ...... 0.08 read as follows: Hog, meat byproducts .. 0.08 § 180.476 Triflumizole; tolerances for Horse, fat ...... 0.1 Commodity Parts per million residues. Horse, meat ...... 0.08 Horse, meat byproducts 0.08 (a) General. (1)*** ***** ***** Corn, field, grain ...... 0.1 Sheep, fat ...... 0.1 Corn, field, stover ...... 0.1 Sheep, meat ...... 0.08 ***** Sheep, meat byprod- Corn, pop, grain ...... 0.1 Commodity Parts per million ucts ...... 0.08 Corn, pop, stover ...... 0.1 ***** ***** * * * * * Apple, dry pomace ...... 2.0 ■ 37. Section 180.495 is amended by * * * * * Apple, wet pomace ...... 2.0 ***** removing the entry for ‘‘Apple pomace’’ ■ 33. Section 180.462 is amended by Grape, dried pomace ... 15.0 and by adding alphabetically the removing the entries for ‘‘Corn, grain’’ ***** following entries to the table in and ‘‘Corn, stover’’ and adding Grape, wet pomace ...... 15.0 paragraph (a) to read as follows: alphabetically the following entries to ***** § 180.495 Spinosad; tolerances for the table in paragraph (a) to read as residues. follows: * * * * * ■ 36. Section 180.482 is amended as (a)*** § 180.462 Pyridate; tolerances for residues. follows: ■ a. By removing the entries for ‘‘Apple, (a)*** pomace’’ and ‘‘Tree nut crop group Commodity Parts per million including pistachio’’ from the table in paragraph (a)(1). ***** ■ b. By removing the entries for ‘‘Fat of Apple, dry pomace .... 0.5 Commodity Parts per million cattle, goat, hog, horse, and sheep,’’ Apple, wet pomace ... 0.5 ***** ‘‘Meat byproducts of cattle, goat, hog, ***** Corn, field, grain ...... 0.03 horse and sheep,’’ and ‘‘Meat of cattle, Corn, field, stover ...... 0.03 goat, hog, horse and sheep’’ from the * * * * * Corn, pop, grain ...... 0.03 table in paragraph (a)(2). ■ 38. Section 180.515 is amended by Corn, pop, stover ...... 0.03 ■ c. By adding alphabetically the removing the entries for ‘‘Fat (cattle, ***** following entries to the tables in goat, horse, and sheep),’’ ‘‘Meat, (cattle, paragraphs (a)(1) and (a)(2) to read as goat, horse, and sheep),’’ and ‘‘Meat, * * * * * follows: byproducts, cattle, goat, horse, and ■ 34. Section 180.472 is amended by § 180.482 Tebufenozide; tolerances for sheep’’ and by adding alphabetically the removing the entries for ‘‘Grape, pomace residues. following entries to the table in (wet or dried),’’ ‘‘Lettuce, head and paragraph (a) to read as follows: leaf,’’ and ‘‘Tomato, pomace (wet or (a) General. (1)*** dried)’’ and adding alphabetically the § 180.515 Carfentrazone-ethyl; tolerances following entries to the table in for residues. paragraph (a) to read as follows: (a)*** Commodity Parts per million § 180.472 Imidacloprid; tolerances for residues. ***** Apple, dry pomace ...... 3.0 (a)*** Apple, wet pomace ...... 3.0 Commodity Parts per million ***** Nut, tree, group 14 ...... 0.1 ***** ***** Cattle, fat ...... 0.10 Commodity Parts per million Pistachio ...... 0.1 Cattle, meat ...... 0.10 ***** Cattle, meat byproducts 0.10 ***** ***** Goat, fat ...... 0.10 Grape, dried pomace 5.0 (2)*** ***** Goat, meat ...... 0.10 Grape, wet pomace .. 5.0 Goat, meat byproducts 0.10 ***** ***** Lettuce, head ...... 3.5 Horse, fat ...... 0.10 Lettuce, leaf ...... 3.5 Commodity Parts per million Horse, meat ...... 0.10 ***** Horse, meat byproducts 0.10 Tomato, dry pomace 4.0 Cattle, fat ...... 0.1 ***** ***** Cattle, meat ...... 0.08 Sheep, fat ...... 0.10 Tomato, wet pomace 4.0 Cattle, meat byproducts 0.08 Sheep, meat ...... 0.10 ***** Goat, fat ...... 0.1 Sheep, meat byprod- Goat, meat ...... 0.08 ucts ...... 0.10

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the following entries to the table in Publicly available docket materials are paragraph (d) to read as follows: available in the electronic docket at Commodity Parts per million http://www.regulations.gov, or, if only § 180.615 Amicarbazone; tolerances for available in hard copy, at the OPP residues. ***** Regulatory Public Docket in Rm. S– * * * * * 4400, One Potomac Yard (South Bldg.), * * * * * (d) * * * 2777 S. Crystal Dr., Arlington, VA. The ■ 39. Section 180.517 is amended by Docket Facility is open from 8:30 a.m. removing the entries for ‘‘Fat of cattle, to 4 p.m., Monday through Friday, goat, horse and sheep,’’ ‘‘Liver of cattle, excluding legal holidays. The Docket goat, horse and sheep,’’ ‘‘Meat Commodity Parts per million Facility telephone number is (703) 305– Byproducts, except liver of cattle, goat, ***** 5805. horse, and sheep,’’ and ‘‘Meat of cattle, Wheat, bran ...... 0.15 FOR FURTHER INFORMATION CONTACT: goat, horse and sheep’’ and adding Wheat, flour ...... 0.15 Sidney Jackson, Registration Division alphabetically the following entries to ***** (7505P), Office of Pesticide Programs, the table in paragraph (a) to read as Wheat, germ ...... 0.15 Environmental Protection Agency, 1200 follows: ***** Pennsylvania Ave., NW., Washington, Wheat, middlings, ...... 0.15 DC 20460–0001; telephone number: § 180.517 Fipronil; tolerances for residues. Wheat, shorts ...... 0.15 (703) 305–7610; e-mail address: (a)*** ***** [email protected]. [FR Doc. E9–21416 Filed 9–8–09; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–S I. General Information Commodity Parts per million A. Does this Action Apply to Me? Cattle, fat ...... 0.40 ENVIRONMENTAL PROTECTION You may be potentially affected by Cattle, liver ...... 0.10 AGENCY Cattle, meat ...... 0.04 this action if you are an agricultural Cattle, meat byprod- 40 CFR Part 180 producer, food manufacturer, or ucts, except liver ...... 0.04 pesticide manufacturer. Potentially ***** [EPA–HQ–OPP–2008–0876; FRL–8431–2] affected entities may include, but are Goat, fat ...... 0.40 not limited to those engaged in the Goat, liver ...... 0.10 Pendimethalin; Pesticide Tolerances following activities: Goat, meat ...... 0.04 • AGENCY: Environmental Protection Crop production (NAICS code 111). Goat, meat byproducts, • Animal production (NAICS code except liver ...... 0.04 Agency (EPA). 112). ***** ACTION: Final rule. • Horse, fat ...... 0.40 Food manufacturing (NAICS code Horse, liver ...... 0.10 311). SUMMARY: This regulation establishes a • Horse, meat ...... 0.04 tolerance for combined residues of the Pesticide manufacturing (NAICS Horse, meat byprod- herbicide pendimethalin including its code 32532). This listing is not intended to be ucts, except liver ...... 0.04 metabolites and degradates in or on ***** exhaustive, but rather to provide a guide olive at 0.1 parts per million (ppm). The Sheep, fat ...... 0.40 for readers regarding entities likely to be Interregional Research Project Number 4 Sheep, liver ...... 0.10 affected by this action. Other types of (IR–4) requested this tolerance under Sheep, meat ...... 0.04 entities not listed in this unit could also Sheep, meat byprod- the Federal Food, Drug, and Cosmetic be affected. The North American ucts, except liver ...... 0.04 Act (FFDCA). Industrial Classification System DATES: This regulation is effective * * * * * (NAICS) codes have been provided to September 9, 2009. Objections and assist you and others in determining ■ 40. Section 180.554 is amended by requests for hearings must be received whether this action might apply to removing the entry for ‘‘Apple pomace’’ on or before November 9, 2009, and certain entities. If you have any and by adding alphabetically the must be filed in accordance with the questions regarding the applicability of following entries to the table in instructions provided in 40 CFR part this action to a particular entity, consult paragraph (a)(1) to read as follows: 178 (see also Unit I.C. of the the person listed under FOR FURTHER SUPPLEMENTARY INFORMATION). § 180.554 Kresoxim-methyl; tolerances for INFORMATION CONTACT. residues. ADDRESSES: EPA has established a B. How Can I Access Electronic Copies (a) General. (1)*** docket for this action under docket identification (ID) number EPA–HQ– of this Document? OPP–2008–0876. All documents in the In addition to accessing electronically docket are listed in the docket index available documents at http:// Commodity Parts per million available at http://www.regulations.gov. www.regulations.gov, you may access Although listed in the index, some this Federal Register document Apple, dry pomace .... 1.0 information is not publicly available, electronically through the EPA Internet Apple, wet pomace ... 1.0 e.g., Confidential Business Information under the ‘‘Federal Register’’ listings at ***** (CBI) or other information whose http://www.epa.gov/fedrgstr. You may disclosure is restricted by statute. also access a frequently updated * * * * * Certain other material, such as electronic version of EPA’s tolerance ■ 41. Section 180.615 is amended by copyrighted material, is not placed on regulations at 40 CFR part 180 through removing the entry for ‘‘Wheat, milled the Internet and will be publicly the Government Printing Office’s e–CFR byproducts’’ and adding alphabetically available only in hard copy form. cite at http://www.gpoaccess.gov/ecfr

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C. Can I File an Objection or Hearing methyl-3, 5-dinitrobenzyl alcohol in or subchronic rat and mouse studies is the Request? on olive at 0.1 parts per million (ppm). thyroid. Effects seen in these studies Under section 408(g) of FFDCA, 21 That notice referenced a summary of the include alterations in thyroid hormones, U.S.C. 346a, any person may file an petition prepared by BASF Corporation, increased thyroid weight, and objection to any aspect of this regulation the registrant, on behalf of IR–4 and is microscopic thyroid lesions (including and may also request a hearing on those available to the public in the docket, increased thyroid follicular cell height, objections. You must file your objection http://www.regulations.gov. There were follicular cell hyperplasia, as well as no comments received in response to follicular cell adenomas). or request a hearing on this regulation the notice of filing. Prenatal developmental toxicity in accordance with the instructions studies in rats and rabbits show no provided in 40 CFR part 178. To ensure III. Aggregate Risk Assessment and indication of qualitative or quantitative proper receipt by EPA, you must Determination of Safety susceptibility following prenatal and identify docket ID number EPA–HQ– Section 408(b)(2)(A)(i) of FFDCA postnatal exposure in 2-generation OPP–2008–0876 in the subject line on allows EPA to establish a tolerance (the reproduction studies in rats. A the first page of your submission. All legal limit for a pesticide chemical developmental thyroid study has been requests must be in writing, and must be residue in or on a food) only if EPA requested to provide additional mailed or delivered to the Hearing Clerk determines that the tolerance is ‘‘safe.’’ information to evaluate thyroid toxicity as required by 40 CFR part 178 on or Section 408(b)(2)(A)(ii) of FFDCA in the developing fetus following before November 9, 2009. defines ‘‘safe’’ to mean that ‘‘there is a prenatal and postnatal exposure. In addition to filing an objection or reasonable certainty that no harm will In a combined chronic/ hearing request with the Hearing Clerk result from aggregate exposure to the carcinogenicity study in rats, the lowest- as described in 40 CFR part 178, please pesticide chemical residue, including observed-adverse-effect level (LOAEL) submit a copy of the filing that does not all anticipated dietary exposures and all of 250 milligrams/kilogram/day (mg/kg/ contain any CBI for inclusion in the other exposures for which there is day) is based on decreased survival, public docket that is described in reliable information.’’ This includes body weight gain and food ADDRESSES. Information not marked exposure through drinking water and in consumption, increased gamma confidential pursuant to 40 CFR part 2 residential settings, but does not include glutamyl transferase and cholesterol, may be disclosed publicly by EPA occupational exposure. Section increase in absolute and/or relative liver without prior notice. Submit this copy, 408(b)(2)(C) of FFDCA requires EPA to weight, generalized icterus, dark identified by docket ID number EPA– give special consideration to exposure adipose tissue in females, diffusely dark HQ–OPP–2008–0876, by one of the of infants and children to the pesticide thyroids and follicular cell hyperplasia following methods: chemical residue in establishing a of the thyroid. Thyroid tumors were • Federal eRulemaking Portal: http:// tolerance and to ‘‘ensure that there is a observed in both male and female rats. www.regulations.gov. Follow the on-line reasonable certainty that no harm will In the carcinogenicity study in mice, the instructions for submitting comments. result to infants and children from LOAELs of 622.1 and 806.99 mg/kg/day • Mail: Office of Pesticide Programs aggregate exposure to the pesticide for males and females, respectivley, are (OPP) Regulatory Public Docket (7502P), chemical residue....’’ based on increased mortality in females, Environmental Protection Agency, 1200 Consistent with section 408(b)(2)(D) decreased body weight in females, Pennsylvania Ave., NW., Washington, of FFDCA, and the factors specified in increased absolute thyroid, liver and DC 20460–0001. section 408(b)(2)(D) of FFDCA, EPA has gall bladder weights and/or relative • Delivery: OPP Regulatory Public reviewed the available scientific data body and brain weight ratios in males Docket (7502P), Environmental and other relevant information in and females as well as amyloidosis in Protection Agency, Rm. S–4400, One support of this action. EPA has males. There were no tumors observed Potomac Yard (South Bldg.), 2777 S. sufficient data to assess the hazards of in mice. Crystal Dr., Arlington, VA 22202. and to make a determination on Pendimethalin is classified as a Deliveries are only accepted during the aggregate exposure for the petitioned-for ‘‘Group C’’, possible human carcinogen, Docket Facility’s normal hours of tolerances for combined residues of based on a statistically significant operation (8:30 a.m. to 4 p.m., Monday pendimethalin including its metabolites increased trend and pair-wise through Friday, excluding legal and degradates on olive at 0.1 ppm. comparison between the high dose holidays). Special arrangements should EPA’s assessment of exposures and risks group and controls for thyroid follicular be made for deliveries of boxed associated with establishing tolerances cell adenomas in male and female rats. information. The Docket Facility follows. A non-quantitative approach (i.e., non- telephone number is (703) 305–5805. linear, RfD approach) was employed by A. Toxicological Profile the Agency since mode of action studies II. Petition for Tolerance EPA has evaluated the available are available that demonstrate that the In the Federal Register of April 13, toxicity data and considered their thyroid tumors are due to a thyroid- 2009 (74 FR 16866) (FRL–8396–6), EPA validity, completeness, and reliability as pituitary imbalance. Pendimethalin was issued a notice pursuant to section well as the relationship of the results of shown to be non-mutagenic in 408(d)(3) of FFDCA, 21 U.S.C. the studies to human risk. EPA has also mammalian somatic cells and germ 346a(d)(3), announcing the filing of a considered available information cells. pesticide petition (PP 8E7404) by IR–4, concerning the variability of the Based on concern for the hormonal 500 College Road East, Suite 201 W, sensitivities of major identifiable changes (alterations in thyroid weights Princeton, NJ 08540. The petition subgroups of consumers, including and histopathological lesions) seen in requested that 40 CFR 180.361 be infants and children. several studies following oral amended by establishing tolerances for Pendimethalin has moderate oral and administration of pendimethalin for 14, combined residues of the herbicide eye toxicity and low dermal and 28, and 92 days as well as following pendimethalin, N-(ethylpropyl)-3,4-di inhalation toxicity. Pendimethalin is not chronic exposure and the likelihood methyl-2,6-dinitrobenzenamine and its a dermal sensitizer. The target organ for that pendimethalin may cause metabolite, 4-[(1-ethylpropyl)amino]-2- pendimethalin in chronic and disruption in the thyroid, the Agency

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required a developmental thyroid study probability of an occurrence of the used for the remaining processed to be submitted to further characterize adverse effect greater than that expected commodities. these effects. in a lifetime. For more information on iii. Cancer. As explained in Unit II.A., There is no evidence of neurotoxicity the general principles EPA uses in risk EPA has concluded that the chronic risk or potential immunotoxicity for characterization and a complete assessment will be protective of the pendimethalin in the toxicology description of the risk assessment precursor events that have led to cancer database. An immunotoxicity and acute process, see http://www.epa.gov/ effects in animal studies. Therefore, a and subchronic neurotoxicity studies pesticides/factsheets/riskassess.htm. separate quantitative dietary exposure are required as part of the revised 40 A summary of the toxicological assessment to evaluate cancer risk was CFR part 158 toxicology data endpoints for pendimethalin used for not conducted. requirements for pendimethalin. human risk assessment can be found at iv. Anticipated residue and percent Specific information on the studies http://www.regulations.gov in document crop treated. The Agency did not use received and the nature of the adverse ‘‘Pendimethalin: Human Health Risk anticipated residue or percent crop effects caused by pendimethalin as well and Exposure Assessment for Proposed treated (PCT) in the dietary assessment as the no-observed-adverse-effect-level Section 3 Registration for Use on Olive,’’ for pendimethalin. The assumption of (NOAEL) and the LOAEL from the dated May 28, 2009, at page 10 in 100% CT and tolerance level residues toxicity studies can be found at http:// docket ID number EPA–HQ–OPP–2008- was made for all registered and www.regulations.gov in document 0876. proposed food commodity uses of ‘‘Pendimethalin: Human Health Risk pendimethalin. and Exposure Assessment for Proposed C. Exposure Assessment 2. Dietary exposure from drinking Section 3 Registration for Use on Olive,’’ 1. Dietary exposure from food and water. The Agency used screening level dated May 28, 2009, at page 10 in feed uses. In evaluating dietary water exposure models in the dietary docket ID number EPA–HQ–OPP–2008– exposure to pendimethalin, EPA exposure analysis and risk assessment 0876. considered exposure under the for pendimethalin in drinking water. These simulation models take into B. Toxicological Endpoints petitioned-for tolerances as well as all existing pendimethalin tolerances in 40 account data on the physical, chemical, For hazards that have a threshold and fate/transport characteristics of CFR 180.361. EPA assessed dietary below which there is no appreciable pendimethalin. Further information exposures from pendimethalin in food risk, a toxicological point of departure regarding EPA drinking water models as follows: (POD) is identified as the basis for used in pesticide exposure assessment i. Acute exposure. Quantitative acute derivation of reference values for risk can be found at http://www.epa.gov/ dietary exposure and risk assessments assessment. The POD may be defined as oppefed1/models/water/index.htm. the highest dose at which no adverse are performed for a food-use pesticide, Based on the Pesticide Root Zone effects are observed (the NOAEL) in the if a toxicological study has indicated the Model/Exposure Analysis Modeling toxicology study identified as possibility of an effect of concern System (PRZM/EXAMS) and Screening appropriate for use in risk assessment. occurring as a result of a 1–day or single Concentration in Ground Water (SCI- However, if a NOAEL cannot be exposure. GROW) models, the estimated drinking determined, the lowest dose at which No such effects were identified in the water concentrations (EDWCs) of adverse effects of concern are identified toxicological studies for pendimethalin; pendimethalin were estimated. Modeled (the LOAEL) or a Benchmark Dose therefore, a quantitative acute dietary estimates of drinking water were (BMD) approach is sometimes used for exposure assessment is unnecessary. entered into the dietary exposure model. risk assessment. Uncertainty/safety ii. Chronic exposure. In conducting For chronic exposures for non-cancer factors (UFs) are used in conjunction the chronic dietary exposure assessment assessments, the concentration values of with the POD to take into account EPA used Dietary Exposure Evaluation pendimethalin are estimated to be 6.0 uncertainties inherent in the Model (DEEM-FCID, version 2.00), ppb for surface water and 0.036 ppb for extrapolation from laboratory animal which uses food consumption data from ground water. data to humans and in the variations in the U.S. Department of Agriculture 3. From non-dietary exposure. The sensitivity among members of the (USDA) 1994–1996 and 1998 term ‘‘residential exposure’’ is used in human population as well as other Nationwide Continuing Surveys of Food this document to refer to non- unknowns. Safety is assessed for acute Intake by Individuals (CSFII). As to occupational, non-dietary exposure and chronic dietary risks by comparing residue levels in food, the chronic (e.g., for lawn and garden pest control, aggregate food and water exposure to dietary exposure analysis was based on indoor pest control, termiticides, and the pesticide to the acute population the following assumptions: flea and tick control on pets). adjusted dose (aPAD) and chronic a. All currently registered raw Pendimethalin is currently registered population adjusted dose (cPAD). The agricultural commodities (RACs) and all for the following residential non-dietary aPAD and cPAD are calculated by proposed uses on RACs have tolerance sites: Recreational and residential turf dividing the POD by all applicable UFs. level residues of pendimethalin; and (including home lawns, golf courses, Aggregate short-, intermediate-, and b. All crops for which tolerances exist athletic fields, etc.) and ornamentals. chronic-term risks are evaluated by or are proposed were treated, i.e., 100% EPA assessed residential exposure based comparing food, water, and residential crop treated (CT). on applications to residential turf (i.e., exposure to the POD to ensure that the In estimating residues in processed home lawns), since this use is expected margin of exposure (MOE) called for by commodities EPA used empirical to result in the greatest residential the product of all applicable UFs is not processing factors obtained from the exposure. exceeded. This latter value is referred to processing studies, where available; There is a potential for short-term as the Level of Concern (LOC). maximum theoretical concentration exposure of homeowners applying For non-threshold risks, the Agency factors of 8.0 for the processed products containing pendimethalin on assumes that any amount of exposure commodities of wheat bran and wheat home lawns. There is also a potential for will lead to some degree of risk. Thus, germ and 1.4 for wheat flour; and DEEM short-term post-application exposure of the Agency estimates risk in terms of the 7.81 default-processing factors were adults and children entering lawn and

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recreation areas previously treated with and children. This additional margin of determine whether an additional pendimethalin. Exposures from treated safety is commonly referred to as the database uncertainty factor is needed to recreational sites are expected to be FQPA safety factor (SF). In applying this account for potential immunotoxicity. similar to, or lower than, those from provision, EPA either retains the default There are no indications in the available treated residential turf sites; therefore, a value of 10X, or uses a different studies that organs associated with separate exposure assessment for additional safety factor when reliable immune function, such as the thymus recreational turf sites was not data available to EPA support the choice and spleen, are affected by conducted. EPA assessed exposures of a different factor. pendimethalin, and pendimethalin does from the following residential turf post- 2. Prenatal and postnatal sensitivity. not belong to a class of chemicals (e.g., application scenarios: The Agency concluded there is potential the organotins, heavy metals, or i. Adult and toddler post-application for prenatal and/or postnatal toxicity halogenated aromatic hydrocarbons) dermal exposure from contact with (thyroid) in developing offspring that would be expected to be treated lawns. resulting from exposure to immunotoxic. ii. Toddlers’ incidental ingestion of pendimethalin. There was no indication ii. There was no indication of pesticide residues on lawns from hand- of prenatal and/or postnatal qualitative pendimethalin neurotoxicity in to-mouth transfer. or quantitative increased susceptibility subchronic or chronic toxicity studies iii. Toddlers’ object-to-mouth transfer in the developmental studies in rats and and there is no need for a from mouthing of pesticide-treated rabbits or the 2-generation reproduction developmental neurotoxicity study or turfgrass. studies in rats. However, because additional UFs to account for iv. Toddlers’ incidental ingestion of developmental LOAELs for thyroid neurotoxicity. soil from pesticide-treated residential toxicity could not be determined in the iii. There was no indication of areas. developmental studies, the Agency has prenatal and/or postnatal qualitative or The post-application risk assessment requested developmental thyroid quantitative increased susceptibility in was conducted in accordance with the toxicity data, in order to determine the developmental studies in rats and Residential Standard Operating potential thyroid toxicity following rabbits or the 2-generation reproduction Procedures (SOPs) and recommended prenatal and/or postnatal exposure to studies in rats. However, the approaches of the EPA Health Effects pendimethalin. developmental studies in rats and Division’s (HED’s) Science Advisory 3. Conclusion. Based on the following rabbits were not adequate to determine Council for Exposure (ExpoSAC). considerations, EPA has determined the potential for thyroid toxicity during 4. Cumulative effects from substances that the FQPA safety factor should be development. Consequently, there is with a common mechanism of toxicity. retained for the subchronic and chronic concern for potential increased Section 408(b)(2)(D)(v) of FFDCA thyroid endpoints: sensitivity or susceptibility in offspring requires that, when considering whether i. The toxicity database for regarding thyroid effects, and, as to establish, modify, or revoke a pendimethalin is not complete. Based discussed above, a developmental tolerance, the Agency consider on the hormonal changes (alterations in thyroid toxicity study has been ‘‘available information’’ concerning the thyroid weights and histopathological required. cumulative effects of a particular lesions) observed in several studies iv. The available studies do not pesticide’s residues and ‘‘other following oral administration of indicate potential immunotoxicity and substances that have a common pendimethalin, it is likely that pendimethalin does not belong to the mechanism of toxicity.’’ pendimethalin may cause disruption in class of compounds (e.g., the organotins, EPA has not found pendimethalin to the endocrine system. There is concern heavy metals, or halogenated aromatic share a common mechanism of toxicity that perturbation of thyroid homeostasis hydrocarbons) that would be expected with any other substances, and may lead to hypothyroidism and to be toxic to the immune system. Based pendimethalin does not appear to possibly result in adverse effects on the on the available data the produce a toxic metabolite produced by developing nervous system. immunotoxicity is not expected to other substances. For the purposes of Consequently, EPA has recommended provide a Point of Departure (POD) this tolerance action, therefore, EPA has that a developmental thyroid assay be lower than that currently used for assumed that pendimethalin does not conducted to evaluate the impact of overall risk assessments. Therefore, at have a common mechanism of toxicity pendimethalin on thyroid hormones, this time a database uncertainty factor is with other substances. For information structure, and/or thyroid hormone not needed for the lack of these studies. regarding EPA’s efforts to determine homeostasis during development. This v. There are no residual uncertainties which chemicals have a common study has not yet been submitted. identified in the exposure databases. mechanism of toxicity and to evaluate In accordance with 40 CFR part 158 The chronic food exposure assessments the cumulative effects of such toxicology data requirements, acute and are considered to be highly chemicals, see EPA’s Web site at http:// subchronic neurotoxicity studies and an conservative, as they assume that all www.epa.gov/pesticides/cumulative. immunotoxicity study are required for crops registered and proposed have pendimethalin. However, since there residues at tolerance-level. The drinking D. Safety Factor for Infants and was no evidence of neurotoxic clinical water estimates were derived from Children signs, changes in brain weight, or conservative screening models. The 1. In general. Section 408(b)(2)(C) of histopathology of the nervous system in residential exposure assessment utilizes FFDCA provides that EPA shall apply any study with pendimethalin, the reasonable high-end variables set out in an additional tenfold (10X) margin of Agency determined that an additional EPA’s Residential Exposure SOPs safety for infants and children in the factor for database uncertainties is not (Standard Operating Procedures). The case of threshold effects to account for needed to account for lack of these data. aggregate assessment is based upon prenatal and postnatal toxicity and the Additionally, there is no need for a reasonable high-end residential completeness of the database on toxicity developmental neurotoxicity study. In exposure assumptions, and is also not and exposure unless EPA determines the absence of specific immunotoxicity likely to under estimate exposure to any based on reliable data that a different studies, EPA has evaluated the available subpopulation, including those margin of safety will be safe for infants pendimethalin toxicity data to comprised of infants and children.

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Although the exposure estimate is chronic exposure to food and water Residue Levels (MRLs) for very conservative and there are no (considered to be a background pendimethalin. Mexico has established neurotoxic concerns for pendimethalin, exposure level). MRLs (expressed as pendimethalin per there is sufficient uncertainty regarding Pendimethalin is currently registered se) for several crops but none for olives. thyroid effects, particularly thyroid for use(s) that could result in short-term V. Conclusion effects in the young, that EPA is residential exposure and the Agency has retaining the 10X FQPA safety factor for determined that it is appropriate to Therefore, a tolerance is established all subchronic and chronic exposures aggregate chronic exposure through food for combined residues of whose endpoint is based on thyroid and water with short-term residential pendimethalin, [N-(1-ethylpropyl)-3,4- effects. Pendimethalin has not been exposures to pendimethalin. dimethyl-2,6-dinitrobenzenamine], shown to cause acute effects. EPA has Using the exposure assumptions including its metabolites and also determined that the traditional 10X described in this unit for short-term degradates, in or on olive at 0.1 ppm. uncertainty factor to account for exposures, EPA has concluded that the Compliance with the tolerance levels interspecies variation may be reduced to combined short-term food, water, and specified is to be determined by 3X for these subchronic and chronic residential exposures result in aggregate measuring only pendimethalin [N-(1- exposures, since it has been established MOEs of 650 for adult males and 580 for ethylpropyl)-3,4-dimethyl-2,6- that rats are more susceptible to thyroid adult females. The aggregate exposure dinitrobenzenamine] and its metabolite effects than humans. These factors, estimate for children results in a total 4-[(1-ethylpropyl)amino]-2-methyl-3,5- together with the traditional 10X MOE of 350 at an application rate (to dinitrobenzyl alcohol expressed as the uncertainty factor to account for residential turf) of 2 lbs active stoichiometric equivalent of intraspecies variation, result in a total ingredient/Acre (ai/A), and a total MOE pendimethalin, in or on the commodity. of 340 for an application rate of 3 lbs ai/ uncertainty factor of 300X (10X, 3X and VI. Statutory and Executive Order A. As the level of concern is for MOEs 10X). Reviews that are lower than 300, these MOEs are E. Aggregate Risks and Determination of not of concern. This final rule establishes tolerances Safety 4. Intermediate-term risk. under section 408(d) of FFDCA in EPA determines whether acute and Intermediate-term aggregate exposure response to a petition submitted to the chronic pesticide exposures are safe by takes into account intermediate-term Agency. The Office of Management and comparing aggregate exposure estimates residential exposure plus chronic Budget (OMB) has exempted these types to the aPAD and cPAD. The aPAD and exposure to food and water (considered of actions from review under Executive cPAD represent the highest safe to be a background exposure level). Order 12866, entitled Regulatory exposures, taking into account all Pendimethalin is not registered for Planning and Review (58 FR 51735, appropriate SFs. EPA calculates the any use patterns that would result in October 4, 1993). Because this final rule aPAD and cPAD by dividing the POD by intermediate-term residential exposure. has been exempted from review under all applicable UFs. For linear cancer Therefore, the intermediate-term Executive Order 12866, this final rule is risks, EPA calculates the probability of aggregate risk is the sum of the risk from not subject to Executive Order 13211, additional cancer cases given the exposure to pendimethalin through food entitled Actions Concerning Regulations estimated aggregate exposure. Short-, and water, which has already been That Significantly Affect Energy Supply, intermediate-, and chronic-term risks addressed, and will not be greater than Distribution, or Use (66 FR 28355, May are evaluated by comparing the the chronic aggregate risk. 22, 2001) or Executive Order 13045, estimated aggregate food, water, and 5. Aggregate cancer risk for U.S. entitled Protection of Children from residential exposure to the POD to population. As explained in Unit II.A., Environmental Health Risks and Safety ensure that the MOE called for by the the chronic risk assessment is Risks (62 FR 19885, April 23, 1997). product of all applicable UFs is not considered to be protective of any This final rule does not contain any exceeded. cancer effects. information collections subject to OMB 1. Acute risk. An acute aggregate risk 6. Determination of safety. Based on approval under the Paperwork assessment takes into account exposure these risk assessments, EPA concludes Reduction Act (PRA), 44 U.S.C. 3501 et estimates from acute dietary that there is a reasonable certainty that seq., nor does it require any special consumption of food and drinking no harm will result to the general considerations under Executive Order water. No adverse effect resulting from population, or to infants and children 12898, entitled Federal Actions to a single-oral exposure was identified from aggregate exposure to Address Environmental Justice in and no acute dietary endpoint was pendimethalin residues. Minority Populations and Low-Income selected. Therefore, pendimethalin is IV. Other Considerations Populations (59 FR 7629, February 16, not expected to pose an acute risk. 1994). 2. Chronic risk. Using the exposure A. Analytical Enforcement Methodology Since tolerances and exemptions that assumptions described in this unit for Adequate enforcement methodology, are established on the basis of a petition chronic exposure, EPA has concluded liquid chromatography/mass under section 408(d) of FFDCA, such as that chronic exposure to pendimethalin spectrometry (LC/MS/MS), is available the tolerance in this final rule, do not from food and water will utilize 15% of to enforce the tolerance expression. The require the issuance of a proposed rule, the cPAD for children 1 to 2 years old, method may be requested from: Chief, the requirements of the Regulatory the population group receiving the Analytical Chemistry Branch, Flexibility Act (RFA) (5 U.S.C. 601 et greatest exposure. Based on the Environmental Science Center, 701 seq.) do not apply. explanation in Unit III.C.3., regarding Mapes Rd., Ft. Meade, MD 20755–5350; This final rule directly regulates residential use patterns, chronic telephone number: (410) 305–2905; e- growers, food processors, food handlers, residential exposure to residues of mail address: [email protected]. and food retailers, not States or tribes, pendimethalin is not expected. nor does this action alter the 3. Short-term risk. Short-term B. International Residue Limits relationships or distribution of power aggregate exposure takes into account There are currently no established or and responsibilities established by short-term residential exposure plus proposed Codex or Canadian Maximum Congress in the preemption provisions

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of section 408(n)(4) of FFDCA. As such, ■ 2. Section 180.361 is amended by the Federal Register announcing when the Agency has determined that this revising the introductory text to OMB approval for Section 74.1284 and action will not have a substantial direct paragraph (a) and adding alphabetically information collection requirements effect on States or tribal governments, an entry for ‘‘olive’’ to the table in (revisions to FCC Form 303–S and 345) on the relationship between the national paragraph (a) to read as follows: have been received and when the government and the States or tribal revised rule and requirements will take governments, or on the distribution of § 180.361 Pendimethalin; tolerance for effect. This notice is consistent with the residues. power and responsibilities among the statement in the Report and Order. various levels of government or between (a) General. Tolerances are FCC Form 349 has not received OMB the Federal Government and Indian established for the combined residues of approval to date. The Commission will tribes. Thus, the Agency has determined pendimethalin, [N-(1-ethylpropyl)-3,4- publish a notice in the Federal Register that Executive Order 13132, entitled dimethyl-2,6-dinitrobenzenamine], announcing when OMB approval has Federalism (64 FR 43255, August 10, including its metabolites and been received. 1999) and Executive Order 13175, degradates. Compliance with the DATES: The amendments to 47 CFR entitled Consultation and Coordination tolerance levels specified is to be 74.1284, published September 1, 2009 with Indian Tribal Governments (65 FR determined by measuring only (74 FR 45130) are effective on October 67249, November 9, 2000) do not apply pendimethalin, [N-(1-ethylpropyl)-3,4- 1, 2009. to this final rule. In addition, this final dimethyl-2,6-dinitrobenzenamine] and rule does not impose any enforceable its metabolite 4-[(1-ethylpropyl)amino]- FOR FURTHER INFORMATION CONTACT: duty or contain any unfunded mandate 2-methyl-3,5-dinitrobenzyl alcohol Cathy Williams, [email protected] as described under Title II of the expressed as the stoichiometric or on (202) 418–2918. Unfunded Mandates Reform Act of 1995 equivalent of pendimethalin, in or on SUPPLEMENTARY INFORMATION: This (UMRA) (Public Law 104–4). the following raw agricultural document announces that, on This action does not involve any commodities. September 1, 2009, OMB approved, for technical standards that would require a period of three years, the information Agency consideration of voluntary Commodity Parts per million collection requirement(s) contained in consensus standards pursuant to section Section 74.1284 of the rules and 12(d) of the National Technology ***** Olive ...... 0.1 revisions to FCC Forms 303–S and 345. Transfer and Advancement Act of 1995 ***** The Commission publishes this notice (NTTAA), Public Law 104–113, section to announce the effective date of this 12(d) (15 U.S.C. 272 note). * * * * * rule and requirements. If you have any VII. Congressional Review Act comments on the burden estimates [FR Doc. E9–21719 Filed 9–8–09; 8:45 am] listed below, or how the Commission The Congressional Review Act, 5 BILLING CODE 6560–50–S can improve the collections and reduce U.S.C. 801 et seq., generally provides any burdens caused thereby, please that before a rule may take effect, the contact Cathy Williams, Federal agency promulgating the rule must FEDERAL COMMUNICATIONS Communications Commission, Room 1– submit a rule report to each House of COMMISSION C823, 445 12th Street, SW, Washington, the Congress and to the Comptroller DC 20554. Please include OMB Control General of the United States. EPA will 47 CFR Part 74 Numbers, 3060–0075 (Form 345), 3060– submit a report containing this rule and [MB Docket No. 07–172; FCC 09–59]. 0110 (Form 303–S) and 3060–0250 other required information to the U.S. (Section 74.1284) in your Senate, the U.S. House of Amendment of Service and Eligibility correspondence. The Commission will Representatives, and the Comptroller Rules for FM Broadcast Translator also accept your comments via the General of the United States prior to Stations Internet if you send them to publication of this final rule in the [email protected]. Federal Register. This final rule is not AGENCY: Federal Communications To request materials in accessible a ‘‘major rule’’ as defined by 5 U.S.C. Commission. formats for people with disabilities 804(2). ACTION: Final rule; announcement of (Braille, large print, electronic files, effective date. List of Subjects in 40 CFR Part 180 audio format), send an e–mail to SUMMARY: In this document, the [email protected] or call the Consumer & Environmental protection, Commission announces that the Office Governmental Affairs Bureau at (202) Administrative practice and procedure, of Management and Budget (OMB) has 418–0530 (voice), (202) 418–0432 Agricultural commodities, Pesticides approved, for a period of three years, the (TTY). and pests, Reporting and recordkeeping information collection requirements SYNOPSIS requirements. associated with 47 CFR 74.1284, FCC As required by the Paperwork Dated: September 1, 2009. Form 303–S and FCC Form 345. Reduction Act of 1995 (44 U.S.C. 3507), Lois Rossi, Therefore, this rule and forms will take the Commission is notifying the public Director, Registration Division, Office of effect on October 1, 2009. On September that it received OMB approval on Pesticide Programs. 1, 2009, the Commission published the September 1, 2009, for the information summary document of the Report and collection requirement(s) contained in ■ Therefore, 40 CFR chapter I is Order, In the Matter of the Amendment the Commission’s rules at 47 CFR amended as follows: of Service and Eligibility Rules for FM 74.1284 and revisions to FCC Forms PART 180—[AMENDED] Broadcast Translator Stations, MB 303–S and 345. Docket No. 07–172, FCC 09–59, at 74 FR Under 5 CFR 1320, an agency may not ■ 1. The authority citation for part 180 45126. The Ordering Clause of the conduct or sponsor a collection of continues to read as follows: Report and Order stated that the information unless it displays a current, Authority: 21 U.S.C. 321(q), 346a and 371. Commission would publish a notice in valid OMB Control Number.

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No person shall be subject to any Consistent with actions taken by the signal locally, retransmitting their AM penalty for failing to comply with a Commission in the Report and Order, programming as a ’’fill–in’’ service. The collection of information subject to the the following changes are made to Form adopted cross–service translating rules Paperwork Reduction Act that does not 345: Section III of Form 345 includes a limit FM translators to providing ’’fill– display a valid OMB Control Number. new certification concerning in’’ service only, specifically within the The OMB Control Numbers are 3060– compliance with the AM station ’’fill– AM primary station’s authorized service 0075, 3060–0110 and 3060–0250 and in’’ service requirements. Specifically, area. In addition, the Commission the total annual reporting burdens for in the AM service, applicants certify limited the cross–service rule changes to respondents for these information that the coverage contour of the FM ’’currently authorized FM translators,’’ collections are as follows: translator station is contained within that is, those translators with licenses or OMB Control Number: 3060–0075. the lesser of: (a) The 2 mV/m daytime permit in effect as of May 1, 2009. OMB Approval Date: September 1, contour of the AM primary station being Consistent with actions taken by the 2009. rebroadcast, or (b) a 25–mile radius Commission in the Report and Order, Expiration Date: August 31, 2012. centered at the AM station’s transmitter the following changes are made to Form Title: Application for Transfer of site. The instructions for Section III 303–S: Section V of Form 303–S, to be Control of a Corporate Licensee or have been revised to assist applicants completed by FM and TV Translator Permittee or Assignment of License or with completing the new question. and Low Power TV licensees only, Permit for an FM or TV Translator Filing of the FCC Form 345 is includes a new certification concerning Station or a Low Power Television required when applying for authority for compliance with the AM station ’’fill– Station, FCC Form 345. the assignment of license or permit, or in’’ service requirements. Specifically, Form Number: FCC Form 345. for consent to transfer of control of a in the AM service, applicants certify Type of Review: Revision of a corporate licensee or permittee for an that the coverage contour of the FM currently approved collection. FM or TV translator station, or low translator station is contained within Respondents: Business or other for– power TV station. the lesser of: (a) The 2 mV/m daytime profit entities; not–for–profit OMB Control Number: 3060–0110. contour of the AM primary station being institutions; State, local or tribal OMB Approval Date: September 1, rebroadcast, or (b) a 25–mile radius government. 2009. centered at the AM station’s transmitter Number of Respondents and Expiration Date: August 31, 2012. site. The instructions for Section V have Responses: 1,700 respondents; 2,700 Title: Application for Renewal of been revised to assist applicants with responses. Broadcast Station License, FCC Form completing the new question. Estimated Time per Response: 0.084 303–S. FCC Form 303–S is used in applying –1.25 hours. Form Number: FCC Form 303–S. for renewal of license for a commercial Frequency of Response: On occasion Type of Review: Revision of a or noncommercial AM, FM or TV reporting requirement; Third party currently approved collection. broadcast station and FM translator, TV disclosure requirement. Respondents: Business or other for– translator or Low Power TV, and Low Total Annual Burden: 2,667 hours. profit entities; not–for–profit Power FM broadcast stations. It can also Total Annual Costs: $2,678,025. institutions. be used in seeking the joint renewal of Obligation to Respond: Required to Number of Respondents and obtain or retain benefits. The statutory licenses for an FM or TV translator Responses: 3,884 respondents; 3,884 station and its co–owned primary FM, authority for this information collection responses. is contained in Sections 154(i) and 310 AM, TV, or LPTV station. Estimated Time per Response: 1 – OMB Control Number: 3060–0250. of the Communications Act of 1934, as 11.83 hours. OMB Approval Date: September 1, amended. Frequency of Response: Every eight 2009. Nature and Extent of Confidentiality: year reporting requirement; Third party Expiration Date: August 31, 2012. There is no need for confidentiality with disclosure requirement. Title: Sections 73.1207, 74.784 and this information collection. Total Annual Burden: 7,727 hours. 74.1284, Rebroadcasts. Privacy Act Impact Assessment: No Total Annual Costs: $2,148,549. Form Number: Not applicable. impact(s). Obligation to Respond: Required to Type of Review: Revision of a Needs and Uses: On June 29, 2009, obtain or retain benefits. The statutory currently approved collection. the Commission adopted a Report and authority for this information collection Respondents: Business or other for– Order, Amendment of Service and is contained in 154(i), 303, 307 and 308 profit entities; Not–for–profit Eligibility Rules for FM Broadcast of the Communications Act of 1934, as institutions; State, local or tribal Translator Stations, MB Docket No. 07– amended, and Section 204 of the government. 172, FCC 09–59. In the Report and Telecommunications Act of 1996. Number of Respondents and Order, the Commission adopted changes Nature and Extent of Confidentiality: Responses: 6,462 respondents; 11,012 to the FM translator rules that would There is no need for confidentiality with responses. allow AM stations to use authorized FM this information collection. Estimated Time per Response: 0.50 translator stations to rebroadcast the AM Privacy Act Impact Assessment: No hours. signal locally, retransmitting their AM impact(s). Frequency of Response: programming as a ’’fill–in’’ service. The Needs and Uses: On June 29, 2009, Recordkeeping requirement; on adopted cross–service translating rules the Commission adopted a Report and occasion reporting requirement; semi– limit FM translators to providing ’’fill– Order, Amendment of Service and annual reporting requirement; third in’’ service only, specifically within the Eligibility Rules for FM Broadcast party disclosure requirement. AM primary station’s authorized service Translator Stations, MB Docket No. 07– Total Annual Burden: 5,506 hours. area. In addition, the Commission 172, FCC 09–59. In the Report and Total Annual Costs: None. limited the cross–service rule changes to Order, the Commission adopted changes Obligation to Respond: Required to ’’currently authorized FM translators,’’ to the FM translator rules that would obtain or retain benefits. The statutory that is, those translators with licenses or allow AM stations to use authorized FM authority for this information collection permit in effect as of May 1, 2009. translator stations to rebroadcast the AM is contained in Sections 154(i) and

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325(a) of the Communications Act of begin to provide quiet zone-related crossings nationwide, based on FRA’s 1934, as amended. documentation to FRA and other parties analysis of the pre-ban and post-ban Nature and Extent of Confidentiality: 30 days after September 9, 2009. collision data associated with FEC There is no need for confidentiality with FOR FURTHER INFORMATION CONTACT: public crossings. Since FRA’s analysis this information collection. Ronald Ries, Office of Safety, Mail Stop of collision data at public highway-rail Privacy Act Impact Assessment: No 25, FRA, 1200 New Jersey Avenue, SE., grade crossings nationwide did not impact(s). Washington, DC 20590 (telephone: (202) include collision data associated with Needs and Uses: On June 29, 2009, 493–6299); or Kathryn Shelton, Office of FEC public crossings that were subject the Commission adopted a Report and Chief Counsel, Mail Stop 10, FRA, 1200 to nighttime whistle bans, FRA also Order, Amendment of Service and New Jersey Avenue, SE., Washington, solicited public comment as to what Eligibility Rules for FM Broadcast DC 20590 (telephone: (202) 493–6038). extent the pre-ban and post-ban Translator Stations, MB Docket No. 07– collision data associated with FEC SUPPLEMENTARY INFORMATION: 172, FCC 09–59. In the Report and public crossings may be relevant to Order, the Commission adopted several I. Background public highway-rail grade crossings rule changes that would allow AM On July 26, 1991, FRA issued located in other areas. stations to use FM translator stations to Shortly thereafter, FRA conducted a Emergency Order No. 15 (EO 15), which rebroadcast the AM signal. Therefore, 47 public hearing on March 28, 2000 in requires FEC trains to sound train borne CFR 74.1284 is one of the rules that was Fort Lauderdale, Florida, during which audible warning devices when changed as a result of the Commission FRA noted that it was grappling with approaching public highway-rail grade adopting FCC 09–59. 47 CFR 74.1284 the issue of whether or not a differential crossings. This Emergency Order requires that the licensee of an FM requirement for mitigating crossing risk preempts a Florida statute that became translator station obtain prior consent to should be instituted for FEC public effective on July 1, 1984. The Florida rebroadcast programs of any broadcast crossings and solicited comments on statute authorized counties and station or other FM translator. The this issue. After the March 28, 2000 licensee of the FM translator station municipalities to ban the use of train public hearing, FRA received comments must notify the Commission of the call horns and whistles between the hours of from a number of Florida cities, letters of each station rebroadcast and 10 p.m. and 6 a.m. by FEC trains including Boca Raton, Palm Beach must certify that written consent has approaching public highway-rail grade Gardens, and West Palm Beach, who been received from the licensee of that crossings that were equipped with urged FRA to make its proposed station. flashing lights, bells, crossing gates, and regulation applicable to FEC crossings highway signs indicating train horns Federal Communications Commission. and allow the Federal regulation to and whistles would not be sounded at supersede EO 15. FRA addressed these Marlene H. Dortch, night. Secretary. comments in the preamble to its Interim Amendments to EO 15, issued on Final Rule on the Use of Locomotive [FR Doc. E9–21518 Filed 9–8–09; 8:45 am] August 31, 1993, permitted Florida Horns at Highway-Rail Grade Crossings BILLING CODE 6712–01–S communities to obtain relief from the (Interim Final Rule) and expressed its EO through the implementation of intent to rescind EO 15 and make the alternative remedial measures on a Federal regulation applicable to all DEPARTMENT OF TRANSPORTATION crossing-by-crossing basis, provided the highway-rail grade crossings within the alternative remedial measures have been Federal Railroad Administration State of Florida. However, FRA further certified by the Florida Department of stated that it would first need to resolve [Docket No. FRA–1999–6439, Notice No. 21] Transportation (FDOT) as being fully the issue of whether a regional estimate compliant with all relevant performance as to the effect of silencing the train 49 CFR Part 222 specifications. However, FRA’s final horn should be applied to EO 15 rule on the Use of Locomotive Horns at Excess Risk Estimate for Highway-Rail crossings. Highway-Rail Grade Crossings (49 CFR In an effort to re-examine the post-ban Grade Crossings Along the Florida Part 222) issued on April 27, 2005, accident rate increases that occurred at East Coast Railway Line provides communities substantially FEC crossings subject to nighttime AGENCY: Federal Railroad greater flexibility in establishing quiet whistle bans, FRA conducted a public Administration (FRA), Department of zones than that allowed to communities conference in Florida on April 15, 2005. Transportation (DOT). covered by EO 15. The final rule allows At the conference, FRA again solicited ACTION: Final rule. public authorities in the rest of the comments on the appropriate excess nation (with the exception of certain risk estimate that should be applied by SUMMARY: This final rule amends the highway-rail grade crossings located in public authorities who wish to establish regulations regarding the use of the six-county Chicago Region) to Federal quiet zones along the FEC line. locomotive horns at public highway-rail prohibit routine sounding of the Oral comments were provided at the grade crossings by establishing an locomotive horn at highway-rail grade public conference by representatives of excess risk estimate of 90.9 percent for crossings through the selective nine organizations, including the United public highway-rail grade crossings implementation of various grade Transportation Union (UTU), the along the Florida East Coast Railway crossing improvements on a corridor- Brotherhood of Locomotive Engineers Company (FEC) line. When this final wide basis, as opposed to implementing and Trainmen (BLET), the Brotherhood rule is effective, public authorities will grade crossing improvements at each of Railroad Signalmen (BRS), FEC, PVB be permitted to establish New Quiet quiet zone crossing. Consulting, Inc., the Broward County Zones along the FEC line, in accordance As early as January 13, 2000, when Metropolitan Planning Organization, the with the existing regulations, through FRA issued a Notice of Proposed City of Hollywood, Florida, the City of application of the excess risk estimate Rulemaking (NPRM) in this proceeding, Palm Beach Gardens, Florida, and provided herein. FRA proposed to apply a higher excess FDOT. DATES: The effective date is November 9, risk estimate to FEC public crossings The City of Hollywood, Florida 2009. However, public authorities may than other public highway-rail grade expressed interest in establishing a

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Federal quiet zone, noting that it has FRA’s regulation, during which a BLET However, FDOT noted that Oregon been working closely with the Tri-Rail representative noted that train crews are communities who wish to establish Authority and FDOT to implement a also placed at risk when accidents occur quiet zones are permitted to use the four-quadrant gate system that appears at highway-rail grade crossings, the nationwide 66.8-percent excess risk to provide a level of safety comparable BLET pointed out that none of the estimate when calculating the increase to that provided by routine sounding of alternative safety measures and in risk that may result from prohibiting the locomotive horn. In line with its supplemental safety measures allowed routine locomotive horn use at grade previously submitted comments on under 49 CFR part 222 will lessen the crossings located within proposed quiet FRA’s proposed and final regulation, the traumatic stress syndrome that is often zone corridors. FDOT further noted that City of Hollywood expressed its support experienced by locomotive engineers FRA had proposed to apply an even of a rule that would strike a balance after a grade crossing accident. lower excess risk estimate (17.3 percent) between quality of life concerns, while PVB Consulting, Inc. argued that the to certain gated highway-rail grade maintaining the current level of safety root cause of the 195-percent increase in crossings in the Chicago Region. Thus, provided by routine sounding of the the nighttime accident rate at impacted FDOT requested that FRA permit local train horn. FEC grade crossings during the five-year communities in Florida that are located The Broward County Metropolitan period that followed the enactment of on the FEC line to take advantage of the Planning Organization asserted that nighttime whistle bans in Florida was nationwide 66.8-percent excess risk about ten percent of the State’s the absence of education, engineering, estimate that is currently applied to population resides in Broward County and enforcement initiatives. PVB public highway-rail grade crossings that (which contains a number of public Consulting noted that a more aggressive are proposed for inclusion in a Federal highway-rail grade crossings along the program should have been undertaken quiet zone. FEC line) and that there are projections to educate area citizens of the pros and FRA notes that while there may have of an additional million residents over cons of nighttime whistle bans, been some similarities between the the next 20 to 25 years. The UTU also combined with increased police regional whistle ban experience in noted that the FEC highway-rail grade presence and crossing cameras at Oregon and Florida, the Oregon and crossings at issue are located in an impacted crossings. Asserting that the Florida whistle ban experience differ urban setting with a high number of provisions of this part will facilitate the widely in scope. Local whistle bans in tourists and non-English speaking use of education, engineering and Oregon affected 26 highway-rail grade immigrants. Due to international enforcement initiatives at quiet zone crossings located in two cities, which recognition of the locomotive horn as a crossings, PVB Consulting stated that experienced two pre-ban collisions and universal signal of an approaching train, the nationwide excess risk estimate of nine post-ban collisions. In contrast, as the UTU argued that the locomotive 66.8 percent should be applied to gated of December 31, 1989, local whistle ban horn may be the sole device that could public highway-rail grade crossings ordinances in Florida affected 511 effectively warn pedestrians who access along the FEC line. highway-rail grade crossings, at which the FEC right-of-way of the impending The City of Palm Beach Gardens and 39 pre-ban collisions and 115 post-ban arrival of the train, especially at night. the Broward County Metropolitan collisions occurred. Accordingly, the UTU urged FRA to Planning Organization expressed In FRA’s interim final rule, FRA retain the 195-percent excess risk interest in establishing city-wide or proposed to apply an excess risk estimate 1 that was derived from FRA’s county-wide excess risk estimates, estimate of 17.3 percent to gated prior analysis on the effect of routine which would be based on available highway-rail grade crossings in the sounding of the locomotive horn at demographic data. However, FRA Chicago Region that were subject to pre- public highway-rail grade crossings indicated that it would be difficult to existing locomotive horn sounding along the FEC line. calculate reliable city-wide or county- restrictions. This proposal was derived Echoing its previously submitted wide excess risk estimates that would from FRA’s analysis of the effect of comments on FRA’s regulation, the BRS have an acceptable level of statistical locomotive horn use at these crossings. asserted that the data shows that grade significance due to the small number of FRA’s analysis indicated that gated crossing accidents increase when crossings that would be subject to crossings in the Chicago Region that had locomotive horn sounding is eliminated. analysis. been subject to pre-existing locomotive Accordingly, the BRS stated that people FDOT and FEC also provided oral and horn sounding restrictions (which who are unfamiliar with railroad written comments, which will be accounted for the biggest concentration operations are the people who really discussed in more detail below. of ‘‘whistle bans’’ in the country prior need the last-minute audible warning of to the issuance of FRA’s Final Rule on A. FDOT approaching trains that is provided by the Use of Locomotive Horns at the locomotive horn. As follow-up to its FDOT submitted two sets of written Highway-Rail Grade Crossings) had a previously submitted statement on comments to FRA after FRA’s April 15, statistical profile that was distinctly 2005 public conference dated August different from gated crossings in the rest 1 The excess risk estimate is a figure that 17, 2005 and January 13, 2006, of the nation that were subject to local represents the amount by which collision frequency respectively. In its written comments, whistle bans. FRA notes that a number has been estimated to increase when routine FDOT asserted that local communities sounding of the locomotive horn at public highway- of unique factors may have contributed rail grade crossings is restricted. When FRA in the State of Florida should have the to this result, including the conducted a study on the effect of nighttime whistle opportunity to exercise their right to discretionary compliance by railroads bans on the accident rate at public highway-rail designate a Federal quiet zone based on with local no-whistle policies. grade crossings along the FEC line, FRA found that the nighttime accident rate at impacted FEC the same nationwide standard that is FDOT also asserts that FRA’s analysis crossings increased 195 percent after nighttime currently applied to other local of the Florida whistle ban experience whistle bans were imposed. This 195-percent communities. In support of this was flawed because FRA failed to increase in the nighttime accident rate at impacted assertion, FDOT quoted FRA reports consider utilization of the affected rail FEC crossings is the 195-percent excess risk estimate that the UTU representative has urged FRA that referenced a similar increase in the corridor(s) by the railroad. As reflected to apply to all public highway-rail grade crossings accident rate (200 percent) after whistle in FRA’s Report on Florida’s Train along the FEC line. bans were implemented in Oregon. Whistle Ban issued in October 1995,

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FRA compared the accident data on the impact would necessarily depend on also noted a large differential between basis of Accidents per Crossing Month. highway traffic patterns as well. pre-ban accident rates at FEC grade FDOT asserts that this approach is Obviously, for a grade crossing accident crossings that were subject to nighttime flawed because it does not measure the to occur, train and highway traffic must whistle bans and corresponding pre-ban true opportunity for an incident to be present at the crossing at the same accident rates at FEC grade crossings occur. FDOT asserts that the true time. However, FRA focused its analysis that remained unaffected by nighttime opportunity for grade crossing accidents on comparisons between the number of whistle bans, when analyzed in relation to occur should be normalized using the nighttime accidents reported at FEC to the number of crossing activations number of trains that operated over the crossings subject to nighttime whistle per accident. In light of this data, which subject grade crossing (which could be bans with the number of accidents has been presented below, FDOT asserts reflected by grade crossing activation associated with two control groups, in that there must be a measurable, causal rates), as opposed to measuring the order to determine the impact of element that has not yet been accident rate as a unit of time. nighttime whistle bans at those thoroughly considered in previous FRA acknowledges that train traffic crossings. volume could have an impact on the Assuming that the number of trains analyses on this issue: accident rate at specific highway-rail operating along the FEC line remained grade crossings. However, any potential constant during the study period, FDOT

Pre-ban cross- Post-ban crossing activations ing activations per accident per accident (approximate) (approximate)

FEC w/Ban ...... 289,000 96,000 FEC No Ban ...... 135,000 162,000 CSX No Ban ...... 40,000 62,000

Despite FDOT’s objection to the specific highway-rail grade crossings at review, verify and comment upon FRA’s method used by FRA to calculate issue before any conclusion should be findings. crossing accident rates, FDOT’s drawn as to the existence of a FDOT also asserts that the pre-ban comparison of the pre-ban and post-ban measurable element that has not yet and post-ban accident rates for FEC accident rates at FEC crossings that were been thoroughly considered by previous crossings that were subject to nighttime subject to nighttime whistle bans seems analyses on this issue. whistle bans should not have been to reinforce FRA’s earlier findings that FDOT also asserts that FRA’s Final calculated using the same ‘‘Number of the risk level at FEC highway-rail grade Report on Florida’s Train Whistle Ban Crossing Months’’ value. FRA crossings subject to nighttime whistle (‘‘1995 FRA Report’’) issued in acknowledges that different ‘‘Number of bans deteriorated significantly after September 1995, does not provide Crossing Months’’ values were used to routine locomotive horn sounding sufficient background information to calculate the pre-ban and post-ban practices were discontinued. According support the pre-ban and post-ban accident rates associated with FEC No to calculations provided by FDOT, there accident rates associated with FEC Ban and CSX crossings. However, FRA was approximately one accident for crossings subject to nighttime whistle purposefully used the same ‘‘Number of every 289,000 crossing activations at bans. In particular, FDOT notes that the Crossing Months’’ value when FEC grade crossings that would later be 1995 FRA Report does not explain how evaluating pre-ban and post-ban impacted by nighttime whistle bans. the ‘‘Number of Crossing Months’’ value accident rates for FEC crossings subject During the five-year period following was calculated for these crossings. to nighttime whistle bans. As stated implementation of nighttime whistle FRA disagrees with this assertion. In above, the ‘‘Number of Crossing bans, however, there was approximately Appendix C to the 1995 FRA Report, Months’’ value for FEC crossings subject one accident for every 96,000 crossing FRA provided an explanation of how to nighttime whistle bans was activations at FEC grade crossings the ‘‘Number of Crossing Months’’ value calculated by multiplying the number of subject to nighttime whistle bans. was calculated for FEC crossings that crossings impacted by each local FRA disagrees with the conclusion were subject to nighttime whistle bans. ordinance times the number of months that the data presented by FDOT must An explanation was also provided on during which the local ordinance was in be interpreted as being indicative of a page 9 of the Second Edition of FRA’s effect and then totaling the results for all measurable element that has not yet Report on Florida’s Train Whistle Ban crossings that were subject to nighttime been thoroughly considered by previous (‘‘1992 FRA Report’’) issued in whistle bans. For example, there was analyses on this issue. Even though September 1992. As stated in these only one month of post-ordinance accident rates associated with FEC grade reports, the ‘‘Number of Crossing accident data available for crossings in crossings that were subject to nighttime Months’’ value was calculated by Holly Hill, Florida because the whistle bans may differ from accident multiplying the number of crossings applicable whistle ban ordinance did rates associated with FEC grade impacted by each local ordinance by the not take effect until November 4, 1989. crossings that were not impacted by number of months during which the Therefore, researchers used only one nighttime whistle bans when evaluated local ordinance was in effect and then month of pre-ordinance data (October in relation to the number of crossing totaling the results for all FEC crossings 1989) in their analysis. In contrast, FRA activations per accident, this result is that were subject to nighttime whistle compared 59 months of pre-ban potentially misleading. As noted above, bans. FRA provided background accident data (February 1980 through any potential impact associated with information on the data used to December 1984) with 59 months of post- train traffic volume must be evaluated calculate the effect of nighttime whistle ban accident data (February 1985 in light of highway traffic patterns at the bans, so that interested parties could through December 1999) for FEC

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highway-rail grade crossings located in crossings that were comparable to the In support of this request, FEC notes Lantana and New Smyrna Beach. Since FEC crossings that were subject to that the risks when locomotive horns the variables used to calculate this nighttime whistle bans. This would are silenced at public FEC grade ‘‘Number of Crossing Months’’ value seem to indicate that engineering crossings have been separately studied, would not change when evaluating pre- improvements, such as four-quadrant analyzed, and reviewed in-depth. As a ban or post-ban accident totals gate systems and non-traversable curbs, result of these studies, FRA has associated with FEC crossings that were installed at comparable grade crossings consistently found that the imposition subject to nighttime whistle bans, FRA along the FEC line could compensate for of nighttime whistle bans at public FEC used the same ‘‘Number of Crossing an increase in risk caused by the highway-rail grade crossings resulted in Months’’ value to calculate pre-ban and absence of warning provided by the at least a 195-percent increase in the post-ban accident rates for these locomotive horn. nighttime accident rate at these highway-rail grade crossings. In its second set of written comments crossings. In fact, the nationwide 66.8- In contrast, the FEC No Ban and CSX dated January 13, 2006, FDOT provided percent excess risk estimate was derived crossings that were studied were not additional information about the from studies of nationwide grade subject to nighttime whistle bans. significant changes that have occurred crossing data that excluded collision Therefore, FRA calculated the ‘‘Number since EO 15 was issued, which have information related to FEC crossings. of Crossing Months’’ value by improved safety at grade crossings Asserting that the 66.8-percent multiplying the number of crossings within the State of Florida. FDOT notes nationwide excess risk estimate is under consideration times the number that there has been expanded use of bi- simply not applicable to public FEC of months in either the pre-ban or post- lingual and tri-lingual signs and rail highway-rail grade crossings, FEC ban study period. Since these variables awareness campaigns to provide argues that the 195-percent excess risk would necessarily change when information about highway-rail grade estimate should continue to apply to evaluating pre-ban or post-ban accident crossing hazards via literature, ensure that the substitution of data, FRA used different ‘‘Number of television, and radio media, as well as supplementary (or alternative) safety Crossing Months’’ values to calculate rail crossing safety placards and slogans measures at certain crossings within a pre-ban and post-ban accident rates for on bus, transit and commuter rail proposed quiet zone will adequately the FEC No Ban and CSX crossings that terminals. In addition, numerous compensate for the increased risk that were studied. engineering design improvements in the results from the lack of routine FDOT notes the exemplary collision area of highway-rail grade crossing locomotive horn use. history associated with five improved safety have been implemented, In its written comments dated October highway-rail grade crossings in including the installation of median 12, 2005, FEC asserts that FDOT is Broward, Palm Beach and Dade counties treatments and the increased use of questioning the results of the FRA (counties that also contain FEC grade constant warning time devices that are studies on Florida’s Train Whistle Ban crossings). Four of these grade crossings interconnected with traffic control without sufficient explanation and have undivided approaches and are devices. As of January 13, 2006, FDOT without full, supporting data. Although equipped with four-quadrant gate asserted that active highway-rail grade FEC noted FDOT’s contentions that systems. The remaining grade crossing, crossing warning devices had been certain recalculations are needed and which is equipped with four-quadrant installed at over 71 percent of public further considerations should be gates and medians, constituted the only highway-rail grade crossings within the undertaken by FRA in view of the fact official quiet zone within the State of State of Florida and that there were an that Florida has 14 operating railroads, Florida on the date on which FDOT’s increasing number of four-quadrant gate FEC asserts that FDOT summarily comments were filed. FDOT asserts that systems. An automated video concluded its comments by asking that there have not been any vehicle-train monitoring and surveillance system has the 66.8-percent nationwide excess risk collisions at any of these improved also been installed at the McNab Road estimate be applied to all highway-rail highway-rail grade crossings since the quiet zone crossing, which allows the grade crossings within the State of installation of four-quadrant gate system to collect real-time data on Florida, without providing any evidence systems. vehicle flow, crossing usage, and train that this estimate would be appropriate FDOT also provides an accident volume for use by the railroad and for public FEC highway-rail grade history summary for 27 CSX grade regional roadway transportation crossings. crossings located in the Palm Beach, authorities. FRA remains confident that its prior Broward, and Dade counties, which analysis of the effect of nighttime have been improved through B. FEC whistle bans produced a statistically engineering improvements since 1995. FEC is a regional, Class II railroad significant estimate of the effect of These engineering improvements that, as of October 12, 2005, operated prohibiting routine nighttime include six-inch barrier curbs and four- over approximately 719 highway-rail locomotive horn use at public FEC quadrant gate systems. Applying grade crossings along Florida’s east highway-rail grade crossings during the FDOT’s accident rate analysis discussed coast. FEC asserts that it operates mid-1980s to early 1990s. However, above, FDOT compared the accident through some of the most heavily FRA is also cognizant of the fact that rate for the 27 improved grade crossings populated communities in the country engineering improvements have had a to pre-ban and post-ban accident rates and intersects some of the most heavily recognizable effect on grade crossing for 224 CSX crossings that were traveled roadways in Florida. In safety at public highway-rail grade comparable to the FEC crossings that response to the FRA public conference crossings throughout the State of were subject to nighttime whistle bans. that was held on April 15, 2005, FEC Florida. As noted by FDOT in its written FDOT concluded that the estimated submitted two sets of written comments, comments, grade crossing accident rates accident rate for the 27 improved grade dated April 15, 2005 and October 12, have significantly declined at crossings (one accident for every 2005. In these comments, FEC requested ‘‘improved’’ CSX highway-rail grade 174,000 crossing activations) is much that FRA retain the current 195 percent crossings in Palm Beach, Broward, and lower than the estimated pre-ban and excess risk estimate for public FEC Dade counties after engineering post-ban accident rates for the 224 CSX highway-rail grade crossings. improvements such as four-quadrant

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gate systems and non-traversable curbs comprised of comparable CSX grade apply a different excess risk estimate in have been implemented. Thus, it would crossings and FEC No Ban grade connection with 24-hour bans. appear that the supplementary safety crossings was 54.5 percent during the Engineering improvements are the measures identified in Appendix A to post-ban study period. principal means used by communities 49 CFR Part 222 would provide a These distinct nighttime accident rate under Part 222 to achieve risk reduction comparable increase in safety upon increases, which occurred during the and quality for quiet zones. So far as implementation at comparable FEC post-ban study period at the 224 FRA is aware, engineering crossings. The difficulty presented by comparable CSX grade crossings and 89 improvements are equally effective this proceeding is determining FEC No Ban grade crossings, were not regardless of time of day. Indeed, comparability. FRA has once again incorporated into FRA’s calculation of communities along the FEC line will attempted to determine local conditions the 195-percent nighttime accident rate benefit in terms of qualifying for quiet in order to establish comparability as increase at FEC grade crossings that zones for many locations where lengthy much as possible. were subject to nighttime whistle bans. medians and other arrangements are in Therefore, FRA has revised its previous place. Improvements that have been II. Calculation of the 90.9-Percent made in the interim on the CSX/Tri-Rail Excess Risk Estimate for Public estimate of the impact of nighttime whistle bans during the post-ban period corridor, including simple four- Highway-Rail Grade Crossings Along quadrant gate arrangements, show how the FEC Line on FEC grade crossings that were subject to nighttime whistle bans by ‘‘backing success can be fully achieved. Although In addition to the increased nighttime out’’ any effect related to a generalized FRA might speculate that 24-hour accident rate at gated FEC grade increase in general crossing risk in the effects are less dramatic (e.g., because crossings that were subject to nighttime region. As discussed above, the motorists expect the horn to sound, and whistle bans, FRA’s analysis indicated comparison sets chosen were FEC No it does not sound for a portion of the that there was a 67-percent increase in Ban grade crossings and comparable day), FRA has no empirical basis to do nighttime accident rates at 224 CSX grade crossings, and the study this. To the extent that we err, we err comparable CSX highway-rail grade period and selection criteria were the in favor of the safety objectives behind the legislation giving rise to FRA’s crossings that were not subject to same as for the FEC grade crossings that regulation on the Use of Locomotive nighttime whistle bans. These CSX were subject to nighttime whistle bans. Horns at Highway-Rail Grade Crossings. grade crossings were carefully screened, It was observed that collisions at FEC so that the characteristics of these CSX grade crossings subject to nighttime III. Rescission of FRA Emergency Order grade crossings would closely match whistle bans increased 195 percent No. 15 FEC grade crossings that were subject to during the post-ban study period (from On the effective date of this final rule, nighttime whistle bans during the study a constructive value of 100, representing period. FRA’s analysis also indicated EO 15 will be rescinded and the the total of pre-ban accidents, to 295, provisions of this part will apply to that there was a 23-percent increase in the sum of the prior level and the highway-rail grade crossings along the nighttime accident rates at 89 public increase), while FEC No Ban grade FEC line. Therefore, locomotive horn FEC highway-rail grade crossings that crossings and comparable CSX grade sounding will continue to be required at were not subject to nighttime whistle crossings in the control group increased all public highway-rail grade crossings bans (‘‘FEC No Ban’’ grade crossings). 54.5 percent (from a constructive base along the FEC line that are not located Upon further review of the accident value of 100, representing the total of within Federal quiet zones. In addition, data, FRA has determined that these prior accidents, to 154.5). The as of the effective date of this final rule, nighttime accident rate increases are percentage of increase required to locomotive horn sounding at public particularly relevant to the achieve 295 from the 154.5 base for the highway-rail grade crossings along the determination of the excess risk control group is approximately 90.9 FEC line will have to be conducted in estimate that should be applied to percent (e.g., .909 * 154.5 = 140.441, accordance with the requirements public highway-rail crossings along the and 140.441 + 154.5 = 294.941). Thus, contained in section 222.21 of this part. FEC line. It appears reasonable to FRA concludes that a good measure of As discussed in the preamble to the conclude that there would have been an the increase in collision risk from interim final rule, FEC submitted increase in the nighttime accident rate silencing the train horn in the region is comments noting that FRA’s proposed at FEC grade crossings subject to on the order of 90.9 percent. regulation did not address its intended nighttime whistle bans similar to that FRA is aware that many changes have effect on pre-existing restrictions on the experienced at the CSX and FEC No Ban occurred in the region since the period sounding of locomotive horns at grade crossings, regardless of the change in question. These include engineering highway-rail grade crossings that remain in locomotive horn sounding practices. improvements, demographic changes, on the books. While FEC explained that Operating under this premise, FRA increases in road traffic levels, and it assumed that all local ordinances calculated the average nighttime likely some improvements in public preempted by EO 15 would remain null accident rate increases for the group of education and awareness related to and void when FRA’s regulation on the 313 CSX and FEC grade crossings that crossing safety. Many of these changes Use of Locomotive Horns at Highway- were not subject to nighttime whistle apply to FEC crossings that are currently Rail Grade Crossings is made applicable bans per the following formula: subject to EO 15 and to crossings not so to all highway-rail grade crossings Average Rate Increase = ((89 FEC No Ban affected. There is no particular reason to within the State of Florida, FEC Grade Crossings * 23% increase in their believe, however, that—as to the requested that FRA specifically address accident rate) + (224 Comparable CSX Grade differential risk involved—the 90.9 the status of impacted crossings in the Crossings * 67% increase in their accident percent estimate would not be valid. final rule so as to avoid any confusion rate))/313 Total CSX and FEC No Ban FRA is cognizant of the fact that the among former whistle ban jurisdictions. Crossings FEC bans were nighttime-only bans and Unlike EO 15, the provisions Accordingly, the average nighttime that 24-hour quiet zones may be sought contained within this part only have a accident rate increase for the group of in the future. FRA has no body of limited preemptive effect on State laws 313 public highway-rail grade crossings, information that would permit it to governing the use of locomotive audible

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warning devices other than the crossings currently subject to EO 15 will safety measures would be impractical or locomotive horn at public highway-rail not be able to qualify for Pre-Rule Quiet impossible, based on the results of grade crossings. As reflected in section Zone status. Therefore, any public studies that evaluated the effectiveness 222.21(e) of this part, FRA regulations authority seeking to establish a Federal of wayside horn installations, the do not require the sounding of quiet zone that contains any highway- provisions of part 222 which address locomotive audible warning devices rail grade crossing currently subject to the implementation of wayside horn other than the locomotive horn at public EO 15 will need to comply with the systems will apply to highway-rail grade highway-rail grade crossings. However, requirements for New Quiet Zones (or crossings along the FEC line as of the if State law requires the sounding of a New Partial Quiet Zones) contained in effective date of this final rule. locomotive audible warning device 49 CFR Part 222. other than the locomotive horn at public On or after the effective date of this IV. Section-By-Section Analysis highway-rail grade crossings, then the final rule, public authorities will, Appendix G—Excess Risk Estimates for requirements contained in subsections however, be authorized to implement Public Highway-Rail Grade Crossings (b) and (d) of section 222.21 of this part wayside horns at public highway-rail Appendix G has been added to this will apply to the sounding of the grade crossings equipped with flashing part to establish a 90.9-percent excess locomotive audible warning device. lights and gates, pursuant to the In addition, as of the effective date of requirements contained within this part, risk estimate for public highway-rail this final rule, the provisions contained as an alternative to the audible warning grade crossings that are located along within this part will have limited provided by routine sounding of the the FEC line. The excess risk estimate is preemptive effect on State laws locomotive horn.3 FRA acknowledges a figure that represents the amount by governing the use of train borne audible that, when EO 15 was issued, FRA was which collision frequency has been warnings at private highway-rail grade not prepared to endorse the estimated to increase when routine crossings, as well as pedestrian grade implementation of wayside horns at locomotive horn sounding is restricted crossings. For example, section 222.45 highway-rail grade crossings along the at public highway-rail grade crossings. prohibits routine locomotive horn FEC line as an acceptable substitute for Please refer to the previous section sounding at private highway-rail grade routine sounding of the locomotive titled, ‘‘Calculation of the 90.9-Percent crossings and pedestrian grade crossings horn. However, subsequent to the Excess Risk Estimate for Public located within duly established Federal issuance of EO 15, a number of studies Highway-Rail Grade Crossings Along quiet zones. FRA regulations do not, were conducted on the effectiveness of the FEC Line’’, for more information however, require the sounding of wayside horn installations, the results of about the calculations that were used to locomotive audible warning devices at which indicated that the use of wayside derive the excess risk estimate for private highway-rail grade crossings or horns at highway-rail grade crossings public highway-rail grade crossings pedestrian grade crossings. Only if State equipped with flashing lights and gates located along the FEC line. law requires the sounding of locomotive has merit under certain well-defined Appendix G only provides an excess audible warning devices at private conditions.4 In addition to a significant risk estimate for public FEC crossings highway-rail grade crossings or reduction in noise impacts on the that are equipped with flashing lights pedestrian grade crossings will the surrounding community when and gates. FRA has not provided excess requirements set forth in this part compared to routine locomotive horn risk estimates for passive FEC crossings apply.2 sounding practices, these studies or public FEC crossings that are only In the preamble to the interim final revealed that the implementation of equipped with flashing lights because rule, FRA discussed the types of quiet wayside horn systems at highway-rail public authorities will only be zones (i.e., New Quiet Zone versus Pre- grade crossings equipped with active permitted to establish New Quiet Zones Rule Quiet Zone) that could be warning devices does not appear to (or New Partial Quiet Zones) on the FEC established by public authorities degrade safety after routine locomotive line. As stated in section 222.35(b), all seeking to restrict routine locomotive horn sounding practices have been public highway-rail grade crossings horn sounding at highway-rail grade discontinued. FRA also notes that, in its located in New Quiet Zones or New crossings which are currently subject to comments on the NPRM and interim Partial Quiet Zones must be equipped EO 15. As stated in the preamble, since final rule, FDOT expressed support for with active grade crossing warning the authorizing Florida statute and the use of wayside horns in certain devices comprising both flashing lights related local ordinances that imposed instances where it is impossible or and gates. nighttime whistle bans at certain FEC impracticable to install supplementary Public authorities who are interested crossings were not enforced or observed safety measures. While FRA does not in establishing a New Quiet Zone (or on October 9, 1996, and no quiet zones agree that the use of wayside horns New Partial Quiet Zone) on the FEC line containing FEC crossings had been should be limited to situations where are advised to use FRA’s Quiet Zone established as of that date pursuant to the implementation of supplementary Calculator, which can be accessed from the procedures set forth in the EO 15 FRA’s Web site at http:// amendments, public authorities who 3 A wayside horn system typically consists of www.fra.dot.gov. FRA’s Quiet Zone wish to establish Federal quiet zones horns mounted on poles that are placed at the Calculator will automatically apply the highway-rail grade crossing. A horn is directed 90.9-percent excess risk estimate to that include highway-rail grade towards each direction of oncoming vehicular traffic. The system is activated by the same track public highway-rail grade crossings 2 If State law requires locomotive horn sounding circuits used to detect the train’s approach for along the FEC line. The calculator can at private highway-rail grade crossings or purposes of other automated warning devices at the be used as a tool by public authorities pedestrian grade crossings, the requirements crossing (flashing lights and gates) and produces an contained in section 222.21 of this part will apply. audible warning similar to warning provided by an for determining which combination of However, if State law requires the sounding of a approaching train. Supplementary Safety Measures and locomotive audible warning device other than the 4 A detailed discussion of the studies that were Alternative Safety Measures (if any) will locomotive horn at private highway-rail grade conducted on the effectiveness of wayside horn be necessary to reduce their Quiet Zone crossings or pedestrian grade crossings, then the system installations can be found in FRA’s Interim Risk Index to an acceptable level for requirements of subsections (b) and (d) of section Final Rule on the Use of Locomotive Horns at 222.21 of this part will apply to the sounding of that Highway-Rail Grade Crossings (68 FR 70586, quiet zone establishment (i.e., the locomotive audible warning device. 70607–70609). Nationwide Significant Risk Threshold

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or the Risk Index With Horns). Please regulatory action’’, as defined in section exceed the costs. FRA estimates that this refer to Appendix C of this part for a 3(f) of Executive Order 12866, nor a rule will potentially affect the 72 detailed guide to the establishment of ‘‘significant regulation’’ under the governmental jurisdictions (cities, quiet zones under this part. Regulatory Policies and Procedures counties, towns, townships, villages, Appendix H—Schedule of Civil order issued by DOT (44 FR 11034). etc.) that are located along the FEC line. Penalties FRA has determined that this final rule Of these 72 jurisdictions, the will have a minimal cost impact with municipalities most likely to be affected The former Appendix G to this part positive net benefits. Under this final are the 15 cities and seven counties has been redesignated as Appendix H. rule, locomotive horn sounding will listed below that had whistle bans No other revisions have been made to continue to be required at public grade this Appendix. during the 1980s and early 1990s, who crossings along the FEC line, unless the may wish to re-impose restrictions on V. Regulatory Impact public authority decides to include the routine locomotive horn sounding at public grade crossing within a Federal grade crossings through the A. Executive Order 12866 and DOT quiet zone. Due to the voluntary nature establishment of Federal quiet zones. Regulatory Policies and Procedures of quiet zone establishment, Florida This final rule has been evaluated and cities and counties will establish quiet determined not to be a ‘‘significant zones only if the quiet zone benefits

CONSOLIDATED PRIOR WHISTLE BAN JURISDICTIONS

Municipality Effective date Small city Large city County Total

Dade County ...... 7/29/1984 1 City of Hollywood ...... 11/11/1984 1 City of Daytona Beach ...... 11/12/1984 1 City of South Daytona ...... 11/19/1984 1 City of New Smyrna Beach ...... 1/7/1985 1 Martin County ...... 1/21/1985 1 City of Fort Lauderdale ...... 3/4/1985 1 City of Hallandale ...... 7/1/1985 1 City of Wilton Manors ...... 8/12/1985 1 City of Pompano Beach ...... 9/9/1985 1 City of Deerfield Beach ...... 11/27/1985 1 City of Oakland Park ...... 3/20/1986 1 Indian River County ...... 2/25/1987 1 City of Port Orange ...... 6/4/1988 1 St. Lucie County ...... 8/1/1988 1 St. Johns County ...... 9/27/1988 1 Palm Beach County ...... 3/25/1989 1 City of Sebastian ...... 7/14/1989 1 City of Ormond Beach ...... 10/9/1989 1 City of Holly Hill ...... 11/4/1989 1 Brevard County ...... 11/27/1989 1 City of Edgewater ...... 1/29/1990 1

Subtotal ...... 9 6 7 22

Percentage ...... 41% 27% 32% 100% Note 1: Cities that were later covered under a county whistle ban ordinance are not listed here. Note 2: A small city is one that has a population of less than 50,000 people (according to the SBA). Source: FRA Report ‘‘Florida’s Train Whistle Ban’’ (October 1995); U.S. Census Bureau.

FRA sampled three out of the 9 small 1990s and may wish to re-impose TOTAL COSTS PER CATEGORY FOR cities (33 percent), two out of the six restrictions on routine locomotive horn PRIOR WHISTLE BAN JURISDIC- large cities (33 percent), and three out sounding is estimated to be about $7.5 TIONS—Continued of the seven counties (43 percent) on the million or $6.3 million in present value FEC line that had whistle bans during cost (in 2008 dollars, 7 percent discount Category Total the 1980s and early 1990s. Thus, the rate). The table below shows a (undiscounted) total sample analyzed was a 36-percent breakdown of these total costs by sample (8/22 = 36%). These sampled category. Grand Total Costs ... 7,493,000 jurisdictions were selected on the basis of being representative of the TOTAL COSTS PER CATEGORY FOR These costs will only be incurred if jurisdictions contained within each PRIOR WHISTLE BAN JURISDICTIONS the local government believes the quiet category of prior whistle ban zone benefits exceed the costs. As stated jurisdictions. Based on a 36-percent Total above, locomotive horn sounding will Category (undiscounted) sample of prior whistle ban jurisdictions continue to be required at public grade along the FEC line, the average total cost Small Cities ...... $549,000 crossings along the FEC line. However, of this final rule over 20 years for the Large Cities ...... 840,000 this final rule will allow local 15 cities and seven counties that had Counties ...... 6,104,000 governments along the FEC line to whistle bans during the 1980s and early impose restrictions on locomotive horn

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sounding at grade crossings, provided Such a determination has been made for the 66 governmental jurisdictions along measures are taken to compensate for this final rule. Thus, a full regulatory the FEC line that would potentially be any excess risk associated with the evaluation was not prepared. FRA has, impacted by this final rule, data from locomotive horn sounding restrictions. therefore, determined that this final rule the 2000 U.S. Census indicates that 49 Thus, the impact of this final rule is is not a ‘‘significant regulatory action’’ jurisdictions had populations of less expected to be similar to that found in as defined in section 3(f) of Executive than 50,000 people, while 17 the analysis for new quiet zones that Order 12866, and is not a ‘‘significant jurisdictions had populations of greater FRA conducted for the final rule titled, regulation’’ as defined in DOT’s than 50,000 people. ‘‘Use of Locomotive Horns at Highway- Regulatory Policies and Procedures. Approximately 74 percent (49/66 = Rail Grade Crossings’’, which was B. Regulatory Flexibility Act issued on April 27, 2005 (70 FR 21844). 74%) of the potentially affected Because new quiet zone establishment The Regulatory Flexibility Act of 1980 governmental jurisdictions along the requirements were designed to ensure (5 U.S.C. 601 et seq.) requires a review FEC line would be considered small that safety levels would be maintained of proposed and final rules to assess entities under SBA criteria, based on and communities establish quiet zones their impact on small entities, unless data from the 2000 U.S. Census. For only to the extent that they believe the agency certifies that the rule will comparison purposes, data from the benefits from doing so will exceed costs, have a significant economic impact on 2006 Population Estimates (source: U.S. that analysis concluded that the rule a substantial number of small entities. Census Bureau) is also shown in the would be cost beneficial. That argument The Regulatory Flexibility Act covers a next table. Even though data from the applies to this rule as well. wide range of small entities, including 2000 U.S. Census reflects actual Order DOT 2100.5 prescribes policies small businesses, not-for-profit population counts, the estimated and procedures for simplification, organizations, and small governmental population figures contained in the analysis, and review of regulations. If jurisdictions. 2006 Population Estimates are more up- the expected cost impact is so minimal The Small Business Administration to-date. (The next U.S. Census survey that a proposed or final rule does not (SBA) stipulates that governmental that will provide an actual population warrant a full evaluation, this order jurisdictions, which include cities, count will not be conducted until 2010.) permits that a statement to that effect counties, towns, townships, villages, The 49 small entities with known and the basis for it to be included in the school districts, or special districts, with population counts that could be preamble if a full regulatory evaluation populations of less than 50,000 people, impacted by this final rule are listed in of the cost and benefits is not prepared. are small entities. (5 U.S.C. 601) Among the table below:

SMALL ENTITIES ALONG THE FEC LINE

2006 Number County City 2000 Census Population population Estimates

1 ...... Brevard ...... Cocoa ...... 16,412 16,743 2 ...... Brevard ...... Malabar ...... 2,622 2,743 3 ...... Brevard ...... Mims ...... 9,147 ??? 4 ...... Brevard ...... Rockledge ...... 20,170 24,290 5 ...... Brevard ...... Titusville ...... 40,670 44,027 6 ...... Broward ...... Dania ...... 20,061 28,802 7 ...... Broward ...... Hallandale ...... 34,282 39,372 8 ...... Broward ...... Oakland Park ...... 30,966 42,384 9 ...... Broward ...... Wilton Manors ...... 12,697 12,909 10 ...... Dade ...... Coral Gables ...... 42,249 42,794 11 ...... Dade ...... Cutler Ridge ...... 24,781 ??? 12 ...... Dade ...... El Portal ...... 2,505 2,399 13 ...... Dade ...... Florida City ...... 7,843 9,445 14 ...... Dade ...... Goulds ...... 7,453 ??? 15 ...... Dade ...... Homestead ...... 31,909 53,767 16 ...... Dade ...... Medley ...... 1,098 1,050 17 ...... Dade ...... Miami Shores ...... 10,380 9,882 18 ...... Dade ...... Perrine (East) ...... 7,079 7,477 19 ...... Dade ...... Perrine (West) ...... 8,600 9,084 20 ...... Dade ...... North Miami Beach ...... 40,786 39,030 21 ...... Flagler ...... Bunnell ...... 2,122 1,706 22 ...... Indian River ...... Sebastian ...... 16,181 20,255 23 ...... Indian River ...... Vero Beach ...... 17,705 16,939 24 ...... Martin ...... Hobe Sound ...... 11,376 ??? 25 ...... Martin ...... Port Salerno ...... 10,141 ??? 26 ...... Martin ...... Sewalls Point ...... 1,946 2,024 27 ...... Martin ...... Stuart ...... 14,633 16,155 28 ...... Palm Beach ...... Belle Glade ...... 14,906 15,233 29 ...... Palm Beach ...... Belle Glade Camp ...... 1,141 ??? 30 ...... Palm Beach ...... Hypoluxo ...... 2,015 2,596 31 ...... Palm Beach ...... Jupiter ...... 39,328 48,847 32 ...... Palm Beach ...... Lake Park ...... 8,721 8,893 33 ...... Palm Beach ...... Lake Worth ...... 35,133 35,980 34 ...... Palm Beach ...... Lantana ...... 9,437 10,334 35 ...... Palm Beach ...... Mangonia Park ...... 1,283 1,262 36 ...... Palm Beach ...... Pahokee ...... 5,985 6,581

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SMALL ENTITIES ALONG THE FEC LINE—Continued

2006 Number County City 2000 Census Population population Estimates

37 ...... Palm Beach ...... Palm Beach Gardens ...... 35,058 48,914 38 ...... Palm Beach ...... Riviera Beach ...... 29,884 35,846 39 ...... Palm Beach ...... South Bay ...... 3,859 4,554 40 ...... Palm Beach ...... Tequesta ...... 5,273 5,942 41 ...... St. Johns ...... St. Augustine ...... 11,592 12,064 42 ...... St. Lucie ...... Fort Pierce ...... 37,516 39,365 43 ...... Volusia ...... Edgewater ...... 18,668 21,486 44 ...... Volusia ...... Holly Hill ...... 12,119 13,325 45 ...... Volusia ...... New Smyrna Beach ...... 20,048 22,732 46 ...... Volusia ...... Oak Hill ...... 1,378 1,575 47 ...... Volusia ...... Ormond Beach ...... 36,301 38,504 48 ...... Volusia ...... Port Orange ...... 45,823 54,851 49 ...... Volusia ...... South Daytona ...... 13,177 13,541 Source: U.S. Census Bureau.

Seventeen of these small entity during the 1980s and early 1990s. These likely to be affected by this final rule, jurisdictions had whistle bans in place seventeen jurisdictions, which are most are shown below:

SMALL ENTITY FEC WHISTLE BAN JURISDICTIONS

2000 2006 Number Municipality County Effective date Census Population of whistle ban population Estimates

1 ...... City of Hypoluxo * ...... Palm Beach ...... 9/24/1984 2,015 2,596 2 ...... Village of Tequesta * ...... Palm Beach ...... 10/23/1984 5,273 5,942 3 ...... City of South Daytona ...... Volusia ...... 11/19/1984 13,177 13,541 4 ...... Town of Lantana * ...... Palm Beach ...... 1/7/1985 9,437 10,334 5 ...... City of New Smyrna Beach ...... Volusia ...... 1/7/1985 20,048 22,732 6 ...... Town of Jupiter * ...... Palm Beach ...... 1/29/1985 39,328 48,847 7 ...... City of Lake Worth * ...... Palm Beach ...... 2/15/1985 35,133 35,980 8 ...... City of Hallandale ...... Broward ...... 7/1/1985 34,282 39,372 9 ...... City of Wilton Manors ...... Broward ...... 8/12/1985 12,697 12,909 10 ...... City of Oakland Park ...... Broward ...... 3/20/1986 30,966 42,384 11 ...... City of Fort Pierce ** ...... St. Lucie ...... 6/28/1986 37,516 39,365 12 ...... Town of Malabar *** ...... Brevard ...... 4/13/1988 2,622 2,743 13 ...... City of Titusville *** ...... Brevard ...... 5/20/1988 40,670 44,027 14 ...... City of Sebastian ...... Indian River ...... 7/14/1989 16,181 20,255 15 ...... City of Ormond Beach ...... Volusia ...... 10/9/1989 36,301 38,504 16 ...... City of Holly Hill ...... Volusia ...... 11/4/1989 12,119 13,325 17 ...... City of Edgewater ...... Volusia ...... 1/29/1990 18,668 21,486 * These cities were later covered under the Palm Beach County Ordinance (effective date of 3/25/89). ** These cities were later covered under the St. Lucie County Ordinance (effective date of 3/1/88). *** These cities were later covered under the Brevard County Ordinance (effective date of 11/27/89). Source: FRA Report ‘‘Florida’s Train Whistle Ban’’ (October 1995); U.S. Census Bureau.

By the end of 1989, eight of these jurisdictions that have populations of rule. Thus, this rule will most likely small entity whistle ban jurisdictions more than 50,000 people, eight of the affect nine small entities (17 ¥ 8 = 9). became part of county-wide whistle ban previously determined small entity These nine small entities along with the ordinances (as indicated in the table whistle ban jurisdictions were removed estimated cost associated with above). As these county-wide whistle from FRA’s list of small entities that are implementing upgrades are shown ban ordinances cover governmental most likely to be affected by this final below.

SMALL ENTITIES MOST LIKELY TO BE AFFECTED BY THE FINAL REGULATION

Estimated 2000 2006 establishment Number Municipality County Census Population costs population estimates (undiscounted)

1 ...... City of South Daytona ...... Volusia ...... 13,177 13,541 $61,000 2 ...... City of New Smyrna Beach ...... Volusia ...... 20,048 22,732 93,000 3 ...... City of Hallandale ...... Broward ...... 34,282 39,372 70,000 4 ...... City of Wilton Manors ...... Broward ...... 12,697 12,909 61,000 5 ...... City of Oakland Park ...... Broward ...... 30,966 42,384 20,000 6 ...... City of Sebastian ...... Indian River ...... 16,181 20,255 61,000

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SMALL ENTITIES MOST LIKELY TO BE AFFECTED BY THE FINAL REGULATION—Continued

Estimated 2000 2006 establishment Number Municipality County Census Population costs population estimates (undiscounted)

7 ...... City of Ormond Beach ...... Volusia ...... 36,301 38,504 61,000 8 ...... City of Holly Hill ...... Volusia ...... 12,119 13,325 61,000 9 ...... City of Edgewater ...... Volusia ...... 18,668 21,486 61,000 Source: FRA Report ‘‘Florida’s Train Whistle Ban’’ (October 1995); U.S. Census Bureau.

The impact on these small entity environmental statutes, Executive addition, FRA has taken very seriously jurisdictions will vary depending on Orders, and related regulatory the concerns and views expressed by whether they would have to implement requirements. FRA has determined that State and local officials as expressed in additional safety measures to establish this final rule is not a major FRA action written comments, as well as testimony quiet zones and the type(s) of safety (requiring the preparation of an provided at the April 15, 2005 public measures that may be appropriate for environmental impact statement or conference, on the appropriate excess implementation. In addition, these environmental assessment) because it is risk estimate that should be applied to small entity jurisdictions will need to categorically excluded from detailed public highway-rail grade crossings decide whether to implement such environmental review pursuant to along the FEC line. measures or continue to allow the section 4(c)(20) of FRA’s Procedures. In FRA received comments and written locomotive horns to be sounded. The accordance with section 4(c) and (e) of testimony on the appropriate excess risk impact of these decisions will also vary FRA’s Procedures, the agency has estimate that should be applied to depending on the number of crossings further concluded that no extraordinary public highway-rail grade crossings in quiet zones, the population density of circumstances exist with respect to this along the FEC line from the Broward the community neighborhoods that final rule that might trigger the need for County Metropolitan Planning immediately surround the affected grade a more detailed environmental review. Organization, the City of Hollywood, crossings, and train traffic volume over As a result, FRA finds that this final rule Florida, the City of Palm Beach Gardens, the affected crossings. Even though this is not a major Federal action Florida, and FDOT. While local final rule will allow public authorities significantly affecting the quality of the jurisdictions expressed interest in to establish Federal quiet zones that human environment. establishing Federal quiet zones along include grade crossings along the FEC the FEC line, the desire to balance E. Federalism Implications line, the establishment of quiet zones is quality of life concerns with the need to optional, so small entities will establish This final rule has been analyzed in maintain the current level of safety quiet zones only if the quiet zone accordance with the principles and provided by routine sounding of the benefits exceed the costs. Thus, FRA criteria contained in Executive Order locomotive horn, especially within certifies that this final rule is not 13132 (‘‘E.O. 13132’’). E.O. 13132, densely populated areas, was also expected to have a significant economic which was issued on August 4, 1999, raised. As for the specific issue of the impact on a substantial number of small requires each agency that promulgates appropriate excess risk estimate that entities. ‘‘any regulation that has federalism should be applied to public highway- implications, that imposes substantial rail grade crossings along the FEC line, C. Paperwork Reduction Act direct compliance costs on State and FDOT urged FRA to apply the There are no information collection local governments, and that is not nationwide excess risk estimate of 66.8 requirements or burden per se required by statute’’ to consult with percent to these crossings. FDOT also associated with this final rule. However, State and local officials early in the took issue with FRA’s prior analysis on once this final rule goes into effect, process of developing the proposed the effect of nighttime whistle bans on public authorities will be permitted to regulation; and in a separately identified accident rates at public highway-rail establish New Quiet Zones along the portion of the preamble to the grade crossings along the FEC line, FEC line in accordance with 49 CFR regulation, to provide to the Director of which indicated a 195-percent increase 222. Presently, the entire information the Office of Management and Budget ‘‘a in the accident rate at these crossings collection burden associated with Part federalism summary impact statement, after nighttime whistle bans were 222 is approved under FRA OMB No. which consists of a description of the imposed. An explanation of FRA’s 2130–0560. FRA intends to revise this extent of the agency’s prior consultation response to these concerns is provided presently approved collection to with State and local officials, a in the SUPPLEMENTARY INFORMATION account for any changes in burden summary of the nature of their concerns section of the preamble to this final rule. caused by this rulemaking and to and the agency’s position supporting the Under 49 U.S.C. 20153, the request re-approval from OMB once this need to issue the regulation, and a Department was required to issue rules final rule takes effect. statement of the extent to which the requiring locomotive horns to be concerns of State and local officials sounded at every public highway-rail D. Environmental Impact have been met * * *.’’ grade crossing. The statute also makes FRA has evaluated this final rule in FRA has complied with E.O. 13132 in clear that the Federal government must accordance with its ‘‘Procedures for issuing this final rule. Even though this take a leading role in establishing the Considering Environmental Impacts’’ final rule does not impose substantial framework for providing exceptions to (‘‘FRA’s Procedures’’) (64 FR 28545, direct compliance costs on State and the requirement that horns sound at May 26, 1999) as required by the local governments, FRA consulted every public highway-rail grade National Environmental Policy Act (42 extensively with State and local officials crossing. Through issuance of FRA’s U.S.C. 4321 et seq.), other prior to the issuance of the NPRM. In final rule on the Use of Locomotive

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Horns at Highway-Rail Grade Crossings public sector in any one year, and thus PART 222—[AMENDED] on August 17, 2006 (71 FR 47614), FRA preparation of such a statement is not established a nationwide framework for required. ■ 1. The authority citation for part 222 the establishment of Federal quiet zones continues to read as follows: G. Energy Impact within which routine locomotive horn Authority: 28 U.S.C. 2461, note; 49 U.S.C. sounding practices at grade crossings Executive Order 13211 requires 20103, 20107, 20153, 21301, 21304; and 49 can be restricted and/or prohibited. Federal agencies to prepare a Statement CFR 1.49. However, FRA’s final rule on the Use of of Energy Effects for any ‘‘significant Appendix G to Part 222 [Redesignated Locomotive Horns at Highway-Rail energy action.’’ 66 FR 28355 (May 22, as Appendix H] Grade Crossings did not apply to 2001). Under the Executive Order, a highway-rail grade crossings along the ‘‘significant energy action’’ is defined as ■ 2. Appendix G to Part 222 is FEC line. Through issuance of this final any action by an agency (normally redesignated as Appendix H to Part 222. rule, governmental jurisdictions within published in the Federal Register) that § 222.11 [Amended] the State of Florida will be permitted to promulgates or is expected to lead to the establish Federal quiet zones that promulgation of a final rule or ■ 3. Section 222.11 is amended by include grade crossings located along regulation, including notices of inquiry, removing the reference ‘‘Appendix G to the FEC line, pursuant to the procedures advance notices of proposed this part’’ and by adding the reference set forth in FRA’s final rule on the Use rulemaking, and notices of proposed ‘‘Appendix H to this part’’ in its place. of Locomotive Horns at Highway-Rail rulemaking that: (1)(i) Is a significant ■ 4. A new Appendix G to Part 222 is Grade Crossings. regulatory action under Executive Order added to read as follows: Due to the voluntary nature of quiet 12866 or any successor order, and (ii) is zone establishment, any direct likely to have a significant adverse effect Appendix G to Part 222—Excess Risk compliance costs that will be borne by on the supply, distribution, or use of Estimates for Public Highway-Rail State and local governments will be energy; or (2) is designated by the Grade Crossings optional in nature. Accordingly, FRA Administrator of the Office of has determined that this final rule will Information and Regulatory Affairs as a BAN EFFECTS/TRAIN HORN not have sufficient federalism significant energy action. This final rule EFFECTIVENESS implications to warrant the preparation has been evaluated in accordance with [Summary table] of a federalism summary impact Executive Order 13211. FRA has statement. determined that this final rule, which is Warning type Excess risk estimate not a significant regulatory action under F. Compliance With the Unfunded Executive Order 12866, will not have a Nation (Except Florida East Coast Railway and Chicago Region Crossings) Mandates Reform Act of 1995 significant adverse effect on the supply, Pursuant to Section 201 of the distribution, or use of energy. Passive ...... 74.9. Unfunded Mandates Reform Act of 1995 Consequently, this regulatory action is Flashers only ...... 30.9. (Pub. L. 104–4, 2 U.S.C. 1531), each not a ‘‘significant energy action’’ within Flashers with gates ... 66.8. Federal agency ‘‘shall, unless otherwise the meaning of Executive Order 13211. prohibited by law, assess the effects of Florida East Coast Railway Crossings H. Privacy Act Statement Federal regulatory actions on State, local, and tribal governments, and the Anyone is able to search the Flashers with gates ... 90.9. private sector (other than to the extent electronic form of any written Chicago Region Crossings that such regulations incorporate communications and comments requirements specifically set forth in received into any of our dockets by the Passive ...... To be determined. law).’’ Section 202 of the Act (2 U.S.C. name of the individual submitting the Flashers only ...... To be determined. 1532) further requires that ‘‘before document (or signing the document), if Flashers with gates ... To be determined. promulgating any general notice of submitted on behalf of an association, proposed rulemaking that is likely to business, labor union, etc.). You may Note One: The warning type column result in the promulgation of any rule review DOT’s complete Privacy Act reflects primary warning device types. FRA that includes any Federal mandate that Statement in the Federal Register is aware that a variety of arrangements are in may result in the expenditure by State, published on April 11, 2000 (65 FR place at individual crossings. local, and tribal governments, in the 19477) or you may visit www.regulations.gov. Note Two: The ‘‘excess risk estimate’’ is a aggregate, or by the private sector, of figure that represents the amount by which $141,300,000 or more (adjusted List of Subjects in 49 CFR Part 222 collision frequency has been estimated to annually for inflation) in any 1 year, and increase when routine locomotive horn before promulgating any final rule for Administrative practice and sounding is restricted at public highway-rail which a general notice of proposed procedure, Penalties, Railroad safety, grade crossings. rulemaking was published, the agency Reporting and recordkeeping shall prepare a written statement’’ requirements. Issued in Washington, DC, on August 28, 2009. detailing the effect on State, local, and The Rule tribal governments and the private Karen J. Rae, sector. ■ In consideration of the foregoing, FRA Deputy Administrator, Federal Railroad This final rule will not result in the is amending part 222 of chapter II, Administration. expenditure of more than $141,300,000 subtitle B of title 49, Code of Federal [FR Doc. E9–21380 Filed 9–8–09; 8:45 am] (adjusted annually for inflation) by the Regulations, as follows: BILLING CODE 4910–06–P

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Proposed Rules Federal Register Vol. 74, No. 173

Wednesday, September 9, 2009

This section of the FEDERAL REGISTER New Jersey Avenue, SE., West Building received, and other information. The contains notices to the public of the proposed Ground Floor, Room W12–140, street address for the Docket Operations issuance of rules and regulations. The Washington, DC 20590–0001. office (telephone (800) 647–5527) is the purpose of these notices is to give interested • Hand Delivery: Deliver to Mail same as the Mail address provided in persons an opportunity to participate in the address above between 9 a.m. and 5 the ADDRESSES section. Comments will rule making prior to the adoption of the final rules. p.m., Monday through Friday, except be available in the AD docket shortly Federal holidays. after receipt. • Fax: (202) 493–2251. Discussion DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Norman Perenson, Aerospace Engineer, We have received a report of a large Federal Aviation Administration New York Aircraft Certification Office, section of a combustion liner breaking FAA, Engine & Propeller Directorate, free that caused damage to the turbine 14 CFR Part 39 1600 Stewart Avenue, Suite 410, and excessive engine vibration. Also, we Westbury, NY 11590; e-mail: have received six reports of premature [Docket No. FAA–2009–0502; Directorate combustion liner cracking, determined Identifier 2009–NE–02–AD] [email protected]; telephone (516) 228–7337; fax (516) 794–5531. by borescope inspection and RIN 2120–AA64 precautionary removal of the SUPPLEMENTARY INFORMATION: combustion liners by the repair facility. Airworthiness Directives; General Comments Invited Excessive cracking of the combustion liner could result in liberation of Electric Company (GE) CJ610 Series We invite you to send us any written combustion liner pieces and damage to Turbojet Engines and CF700 Series relevant data, views, or arguments the turbine. The PMA holder has not Turbofan Engines regarding this proposal. Send your been able to determine the cause of the comments to an address listed under AGENCY: Federal Aviation premature combustion liner failure. Administration (FAA), DOT. ADDRESSES. Include ‘‘Docket No. FAA– Without a prohibition against installing 2009–0502; Directorate Identifier 2009– ACTION: Notice of proposed rulemaking a new or serviceable AFT Technologies NE–02–AD’’ in the subject line of your (NPRM). combustion liner in the field and at comments. We specifically invite AFT, there will be nothing to prevent a SUMMARY: The FAA proposes to adopt a comments on the overall regulatory, large piece of the combustion liner from new airworthiness directive (AD) for GE economic, environmental, and energy releasing and damaging the turbine. CJ610 series turbojet engines and CF700 aspects of the proposed AD. We will This condition, if not corrected, could turbofan engines with AFT consider all comments received by the result in an uncontained failure of the Technologies combustion liners, part closing date and may amend the engine turbine and damage to the number (P/N) AFT–5016T30G02. This proposed AD in light of those airplane. proposed AD would require removing comments. from service, AFT Technologies We will post all comments we FAA’s Determination and Requirements combustion liners, P/N AFT– receive, without change, to http:// of the Proposed AD 5016T30G02. This proposed AD results www.regulations.gov, including any We have evaluated all pertinent from a report of an AFT Technologies personal information you provide. We information and identified an unsafe combustion liner that released a large will also post a report summarizing each condition that is likely to exist or section of the inner combustion liner substantive verbal contact with FAA develop on other products of this same and reports of six combustion liners personnel concerning this proposed AD. type design. We are proposing this AD, with premature cracks. We are Using the search function of the Web which would require replacing proposing this AD to prevent premature site, anyone can find and read the combustion liners, P/N AFT– cracks in the combustion liner, which comments in any of our dockets, 5016T30G02: could release pieces of the inner including, if provided, the name of the • Before they accumulate 200 hours- combustion liner. A release of pieces of individual who sent the comment (or since-new (HSN) or 300 cycles-since- the inner combustion liner could cause signed the comment on behalf of an new (CSN), or an uncontained failure of the engine association, business, labor union, etc.). • Within 15 hours-in-service or 10 turbine and damage to the airplane. You may review the DOT’s complete cycles-in-service if the combustion liner Privacy Act Statement in the Federal DATES: We must receive any comments has already exceeded 200 HSN or 300 Register published on April 11, 2000 on this proposed AD by November 9, CSN. (65 FR 19477–78). 2009. Costs of Compliance ADDRESSES: Use one of the following Examining the AD Docket We estimate that this proposed AD addresses to comment on this proposed You may examine the AD docket on would affect 13 engines installed on AD. the Internet at http:// airplanes of U.S. registry. We also • Federal eRulemaking Portal: Go to www.regulations.gov; or in person at the estimate that it would take about 96 http://www.regulations.gov and follow Docket Operations office between 9 a.m. work-hours per engine to perform the the instructions for sending your and 5 p.m., Monday through Friday, proposed actions, and that the average comments electronically. except Federal holidays. The AD docket labor rate is $80 per work-hour. • Mail: Docket Management Facility, contains this proposed AD, the Required parts would cost about $7,000 U.S. Department of Transportation, 1200 regulatory evaluation, any comments per engine. Based on these figures, we

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estimate the total cost of the proposed PART 39—AIRWORTHINESS Alternative Methods of Compliance AD to U.S. operators to be $190,840. DIRECTIVES (i) The Manager, New York Aircraft Certification Office, has the authority to Authority for This Rulemaking 1. The authority citation for part 39 approve alternative methods of compliance continues to read as follows: Title 49 of the United States Code for this AD if requested using the procedures specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. found in 14 CFR 39.19. rules on aviation safety. Subtitle I, § 39.13 [Amended] Related Information section 106, describes the authority of 2. The FAA amends § 39.13 by adding (j) Contact Norman Perenson, Aerospace the FAA Administrator. Subtitle VII, the following new airworthiness Engineer, New York Aircraft Certification Office, FAA, Engine & Propeller Directorate, Aviation Programs, describes in more directive: detail the scope of the Agency’s 1600 Stewart Avenue, Suite 410, Westbury, authority. General Electric Company (GE): Docket No. NY 11590; e-mail: FAA–2009–0502; Directorate Identifier [email protected]; telephone (516) We are issuing this rulemaking under 2009–NE–02–AD. 228–7337; fax (516) 794–5531, for more the authority described in subtitle VII, information about this AD. part A, subpart III, section 44701, Comments Due Date (a) The Federal Aviation Administration Issued in Burlington, Massachusetts, on ‘‘General requirements.’’ Under that September 2, 2009. section, Congress charges the FAA with (FAA) must receive comments on this airworthiness directive (AD) action by Peter A. White, promoting safe flight of civil aircraft in November 9, 2009. air commerce by prescribing regulations Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. for practices, methods, and procedures Affected ADs [FR Doc. E9–21629 Filed 9–8–09; 8:45 am] the Administrator finds necessary for (b) None. BILLING CODE 4910–13–P safety in air commerce. This regulation Applicability is within the scope of that authority because it addresses an unsafe condition (c) This AD applies to GE CJ610 series turbojet and CF700 series turbofan engines DEPARTMENT OF JUSTICE that is likely to exist or develop on with AFT Technologies combustion liner, products identified in this rulemaking part number (P/N) AFT–5016T30G02, Drug Enforcement Administration action. installed. These engines are installed on, but not limited to, Learjet Inc. model 24 series Regulatory Findings and model 25 series airplanes, Dassault 21 CFR Part 1301 We have determined that this Aviation Fan Jet Falcon series airplanes, and [Docket no. DEA–321a] Sabreliner Corporation NA–265–70 and NA– proposed AD would not have federalism 265–80 series airplanes. RIN 1117–AB22 implications under Executive Order 13132. This proposed AD would not Unsafe Condition Identification of Institution-based have a substantial direct effect on the (d) This AD results from a report of an AFT Individual Practitioners States, on the relationship between the Technologies combustion liner that released national Government and the States, or a large section of the inner combustion liner AGENCY: Drug Enforcement on the distribution of power and and reports of six combustion liners with Administration (DEA), Justice. premature cracks. We are proposing this AD responsibilities among the various to prevent premature cracks in the ACTION: Advance notice of proposed levels of government. combustion liner, which could release pieces rulemaking. For the reasons discussed above, I of the inner combustion liner. A release of SUMMARY: certify that the proposed AD: pieces of the inner combustion liner could The Drug Enforcement cause an uncontained failure of the engine Administration (DEA) is soliciting 1. Is not a ‘‘significant regulatory turbine and damage to the airplane. public comments on how best to action’’ under Executive Order 12866; standardize the specific internal code Compliance 2. Is not a ‘‘significant rule’’ under the number associated with each individual DOT Regulatory Policies and Procedures (e) You are responsible for having the practitioner permitted by the hospital or (44 FR 11034, February 26, 1979); and actions required by this AD performed within the compliance times specified unless the other institutional practitioner to 3. Would not have a significant actions have already been done. administer, dispense, or prescribe economic impact, positive or negative, controlled substances using that Replacement of AFT Technologies institution’s DEA registration. DEA is on a substantial number of small entities Combustion Liner P/N AFT–5016T30G02 under the criteria of the Regulatory taking this action in response to Flexibility Act. (f) For engines that have an AFT comments it received to its Notice of Technologies combustion liner, P/N AFT– Proposed Rulemaking regarding We prepared a regulatory evaluation 5016T30G02, with fewer than 200 hours- electronic prescriptions for controlled of the estimated costs to comply with since-new (HSN) or 300 cycles-since-new substances. this proposed AD. You may get a copy (CSN), remove the AFT Technologies of this summary at the address listed combustion liner, P/N AFT–5016T30G02, DATES: Written comments must be under ADDRESSES. before exceeding 200 HSN or 300 CSN, postmarked and electronic comments whichever occurs first. must be submitted on or before List of Subjects in 14 CFR Part 39 (g) For engines that have an AFT Technologies combustion liner, P/N AFT– November 9, 2009. Commenters should Air transportation, Aircraft, Aviation 5016T30G02, with 200 HSN or more or 300 be aware that the electronic Federal safety, Safety. CSN or more, remove the AFT Technologies Docket Management System will not combustion liner, P/N AFT–5016T30G02, accept comments after Midnight Eastern The Proposed Amendment within 15 hours-in-service or 10 cycles-in- Time on the last day of the comment service, after the effective date of this AD, period. Under the authority delegated to me whichever occurs first. by the Administrator, the Federal (h) After the effective date of this AD, don’t ADDRESSES: To ensure proper handling Aviation Administration proposes to install any AFT Technologies combustion of comments, please reference ‘‘Docket amend 14 CFR part 39 as follows: liner, P/N AFT–5016T30G02, in any engine. No. DEA–321’’ on all written and

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electronic correspondence. Written available in the public docket in the first potential for abuse and psychological comments being sent via regular or paragraph of your comment and identify and physical dependence. express mail should be sent to the Drug what information you want redacted. The CSA mandates that DEA establish Enforcement Administration, Attention: If you want to submit confidential a closed system of control for DEA Federal Register Representative/ business information as part of your manufacturing, distribution, and ODL, 8701 Morrissette Drive, comment, but do not want it to be dispensing of controlled substances. Springfield, VA 22152. Comments may posted online or made available in the Any person who manufactures, be sent to DEA by sending an electronic public docket, you must include the distributes, dispenses, imports, exports, message to phrase ‘‘CONFIDENTIAL BUSINESS or conducts research or chemical [email protected]. INFORMATION’’ in the first paragraph analysis with controlled substances Comments may also be sent of your comment. You must also must register with DEA (unless exempt), electronically through http:// prominently identify confidential keep track of all stocks of controlled www.regulations.gov using the business information to be redacted substances, and maintain records to electronic comment form provided on within the comment. If a comment has account for all controlled substances that site. An electronic copy of this so much confidential business received, distributed, dispensed, or document is also available at the information that it cannot be effectively otherwise disposed of. http://www.regulations.gov Web site. redacted, all or part of that comment Background DEA will accept attachments to may not be posted online or made electronic comments in Microsoft Word, available in the public docket. The CSA requires that every person WordPerfect, Adobe PDF, or Excel file Personal identifying information and who dispenses controlled substances formats only. DEA will not accept any confidential business information shall obtain from the Attorney General file formats other than those specifically identified and located as set forth above a registration (21 U.S.C. 822(a)(2)). listed here. will be redacted and the comment, in Authority to issue such registrations has Please note that DEA is requesting redacted form, will be posted online and been delegated by the Attorney General that electronic comments be submitted placed in the Drug Enforcement to the Administrator of the Drug before midnight Eastern time on the day Administration’s public docket file. Enforcement Administration (28 CFR the comment period closes because Please note that the Freedom of 0.100). An individual practitioner who is an http://www.regulations.gov terminates Information Act applies to all comments agent or employee of a hospital or other the public’s ability to submit comments received. If you wish to inspect the institution registered with DEA may use at midnight Eastern time on the day the agency’s public docket file in person by the DEA registration of that hospital or comment period closes. Commenters in appointment, please see the ‘‘For other institution to administer, time zones other than Eastern Time may Further Information’’ paragraph. want to consider this so that their dispense, or prescribe controlled electronic comments are received. All DEA’s Legal Authority substances in accordance with the regulations (21 CFR 1301.22(c)). comments sent via regular or express DEA implements and enforces the Specifically: mail will be considered timely if Comprehensive Drug Abuse Prevention postmarked on the day the comment and Control Act of 1970, often referred An individual practitioner who is an agent period closes. to as the Controlled Substances Act or employee of a hospital or other institution may, when acting in the normal course of FOR FURTHER INFORMATION CONTACT: (CSA) and the Controlled Substances business or employment, administer, Mark W. Caverly, Chief, Liaison and Import and Export Act (21 U.S.C. 801– dispense, or prescribe controlled substances Policy Section, Office of Diversion 971), (CSA), as amended. DEA publishes under the registration of the hospital or other Control, Drug Enforcement the implementing regulations for these institution which is registered in lieu of Administration, 8701 Morrissette Drive, statutes in Title 21 of the Code of being registered him/herself, provided that: Springfield, VA 22152; telephone: (202) Federal Regulations (CFR), Parts 1300 to (1) Such dispensing, administering or 307–7297. end. These regulations are designed to prescribing is done in the usual course of his/ her professional practice; SUPPLEMENTARY INFORMATION: ensure that there is a sufficient supply of controlled substances for medical, (2) Such individual practitioner is Posting of Public Comments: Please authorized or permitted to do so by the note that all comments received are scientific, and other legitimate purposes jurisdiction in which he/she is practicing; considered part of the public record and and to deter the diversion of controlled (3) The hospital or other institution by made available for public inspection substances to illegal purposes. whom he/she is employed has verified that online at http://www.regulations.gov Controlled substances are drugs that the individual practitioner is so permitted to and in the Drug Enforcement have a potential for abuse and dispense, administer, or prescribe drugs Administration’s public docket. Such psychological and physical dependence; within the jurisdiction; information includes personal these include substances classified as (4) Such individual practitioner is acting opioids, stimulants, depressants, only within the scope of his/her employment identifying information (such as your in the hospital or institution; name, address, etc.) voluntarily hallucinogens, anabolic steroids, and (5) The hospital or other institution submitted by the commenter. drugs that are immediate precursors of authorizes the individual practitioner to If you want to submit personal these classes of substances. DEA lists administer, dispense or prescribe under the identifying information (such as your controlled substances in 21 CFR part hospital registration and designates a specific name, address, etc.) as part of your 1308. The substances are divided into internal code number for each individual comment, but do not want it to be five schedules: Schedule I substances practitioner so authorized. The code number posted online or made available in the have a high potential for abuse and have shall consist of numbers, letters, or a public docket, you must include the no accepted medical use in treatment in combination thereof and shall be a suffix to the institution’s DEA registration number, phrase ‘‘PERSONAL IDENTIFYING the United States. These substances may preceded by a hyphen (e.g., APO123456–10 INFORMATION’’ in the first paragraph only be used for research, chemical or APO123456–A12); and of your comment. You must also place analysis, or manufacture of other drugs. (6) A current list of internal codes and the all the personal identifying information Schedule II—V substances have an corresponding individual practitioners is you do not want posted online or made accepted medical use and also have a kept by the hospital or other institution and

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is made available at all times to other standard and over which DEA exerts no • Estimates of the number of registrants and law enforcement agencies jurisdiction, as DEA does not specify individual practitioners using internal upon request for the purpose of verifying the criteria regarding the format or content code numbers for identification authority of the prescribing individual practitioner. (21 CFR 1301.22(c)) of the suffix data for each individual purposes in a particular institutional practitioner using the institutional practitioner; practitioner’s registration. The Notice of Proposed Rulemaking • Estimates of costs to institutional commenter noted that the health-system Regarding Electronic Prescriptions for practitioners if code numbers for Controlled Substances or hospital choosing to employ a suffix system is tasked with the individual practitioners were to be On June 27, 2008, DEA published a implementation and tracking of that standardized and what changes would Notice of Proposed Rulemaking process. The commenter recommended be associated with those costs; ‘‘Electronic Prescriptions for Controlled that DEA require the validity of the • Formats pharmacy applications Substances’’ [Docket No. DEA–218, RIN health-system DEA number be verified could accommodate or would prefer, 1117–AA61] (73 FR 36722). In that rule, and that a health-system’s use of a suffix recognizing that pharmacy applications DEA proposed that pharmacy system be guided by DEA directly at may need to be reprogrammed to accept applications receiving electronic that user’s facility. prescriptions for controlled substances this information; Various State and national pharmacy be capable of reading and retaining the • Estimates of the costs to pharmacies organizations, an association full DEA registration number, including and/or pharmacy application providers representing chain drug stores, several any extensions, or other identification for such reprogramming; State boards of pharmacy, several chain numbers used under 21 CFR 1306.05(c). • Comments regarding whether DEA further proposed that the full drug stores, and several pharmacy system providers all stated that DEA pharmacies have had difficulty number including extensions must be obtaining information from institutional retained in the prescription record. DEA should standardize extensions and make practitioners regarding individual further proposed that the pharmacy it clear that pharmacies are not application must verify that the responsible for checking the validity of practitioners’ internal code numbers practitioner’s DEA registration was valid the extensions. and, if so, any proposed solutions. at the time the prescription was signed. In response to the comments received, Commenters wishing to address the DEA indicated the pharmacy DEA is considering how best to above topics or provide other application may do this by checking the standardize the internal code numbers information should see the ‘‘Dates,’’ DEA CSA database or by having another assigned by institutional practitioners to ‘‘Addresses,’’ and ‘‘Posting of public entity check the DEA CSA database the individual practitioners they permit comments’’ sections above for to use their registration to administer, during transmission and indicate on the information regarding public comment dispense, and prescribe controlled record that the check has occurred and procedures. the registration is valid. Finally, DEA substances. DEA believes such proposed that the pharmacy application standardization would benefit the Regulatory Certifications must reject prescriptions that were overall dispensing of controlled This action is an Advance Notice of signed by practitioners without valid substances by bringing a level of DEA registrations. uniformity to such extensions. As Proposed Rulemaking (ANPRM). Comments received. DEA received commenters noted, this standardization Accordingly, the requirement of numerous comments to its Notice of is essential for DEA to require pharmacy Executive Order 12866 to assess the Proposed Rulemaking regarding this systems to retain this information. costs and benefits of this action does not issue. Approximately twenty DEA recognizes, however, that there apply. Rather, among the purposes DEA commenters representing State licensing are many institutional practitioners has in publishing this ANPRM is to seek boards, pharmacy and pharmacist employing internal code number information from the public regarding organizations, chain drug stores, and systems. There has never been the standardization of internal code electronic prescription and electronic standardization regarding this number, numbers used by institutional pharmacy application vendors and DEA believes it extremely likely practitioners to identify individual commented regarding this issue. One that institutional practitioner registrants practitioners who use the institution’s commenter, an organization have established a variety of internal DEA registration to administer, representing health system pharmacists, code number systems. Therefore, to dispense, or prescribe controlled believed that whatever system is used address this issue, DEA is soliciting substances. Similarly, the requirements for extensions, the system must allow information from the regulated industry of section 603 of the Regulatory pharmacies to validate the original DEA and other interested members of the Flexibility Act do not apply to this public regarding current methods being number and determine whether the DEA action since, at this stage, it is an used and how best to implement number belongs to a facility for which ANPRM and not a ‘‘rule’’ as defined in industry standardization in this area. extensions are permissible. A standards section 601 of the Regulatory Flexibility Specifically, DEA seeks the following development organization for electronic Act. Following review of the comments prescription applications asked DEA to information: received to this ANPRM, if DEA propose an industry solution to • Information regarding formats used promulgates a Notice or Notices of extensions, such as a standard length. It by institutional practitioners when Proposed Rulemaking regarding this noted that the same problem exists for establishing internal code numbers for paper prescriptions. individual practitioners permitted to issue, DEA will conduct all analyses A commenter representing grocery use the institution’s registration required by the Regulatory Flexibility stores with pharmacies stated that DEA number; Act, Executive Order 12866, and any is placing the pharmacy in an untenable • Estimates of the number of other statutes or Executive Orders situation. The pharmacy would be individual practitioners using internal relevant to those rules and in effect at expected to check and store a number code numbers for identification the time of promulgation. on DEA’s behalf for which there is no purposes;

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Dated: August 28, 2009. Note: For general information about the the case for changes to bankruptcy rules Joseph T. Rannazzisi, negotiated rulemaking process, see The as they relate to student loans; some Negotiated Rulemaking Process for Title IV Deputy Assistant Administrator, Office of also called for changes in statutes of Regulations, Frequently Asked Questions at Diversion Control. limitations and loan refinancing rules. http://www.ed.gov/policy/highered/reg/ [FR Doc. E9–21698 Filed 9–8–09; 8:45 am] hearulemaking/hea08/neg-reg-faq.html. While those issues are important, BILLING CODE 4410–09–P addressing them would require action If you use a telecommunications by Congress. device for the deaf (TDD), call the We also received comments Federal Relay Service (FRS), toll free at suggesting revisions to the institutional DEPARTMENT OF EDUCATION 1–800–877–8339. financial responsibility regulations for Individuals with disabilities can Title IV, HEA institutional eligibility. 34 CFR Chapter VI obtain this document in an accessible We agree that this is an area where format (e.g., braille, large print, changes may be beneficial. However, Office of Postsecondary Education; audiotape, or computer diskette) by significant analysis must be done by the Notice of Negotiated Rulemaking for contacting the contact person under FOR Department before we can bring this Programs Authorized Under Title IV of FURTHER INFORMATION CONTACT. issue to a committee for negotiation. We the Higher Education Act of 1965, as SUPPLEMENTARY INFORMATION: On May will be beginning this process in the Amended 26, 2009, we published a notice in the near future. More information about the Federal Register (74 FR 24728) public aspects of this process will be AGENCY: Department of Education. announcing our intent to establish forthcoming on the Department’s Web ACTION: Notice of establishment of negotiated rulemaking committees to site. negotiated rulemaking committees. develop proposed regulations (1) We list the topics each committee is governing foreign schools, including the likely to address during this round of SUMMARY: We announce our intention to implementation of the changes made to negotiations elsewhere in this notice establish two negotiated rulemaking the HEA by the Higher Education under Committee Topics. committees to prepare proposed Opportunity Act of 2008 (HEOA), Public We intend to select negotiators for the regulations under Title IV of the Higher Law 110–315, that affect foreign committees that represent the interests Education Act of 1965, as amended schools; and (2) to maintain or improve significantly affected by the topics (HEA). Each committee will include program integrity in the Title IV, HEA proposed for negotiations. In so doing, representatives of organizations or programs. We announced our intent to we will follow the requirement in groups with interests that are develop these proposed regulations by section 492(b)(1) of the HEA that the significantly affected by the subject following the negotiated rulemaking individuals selected must have matter of the proposed regulations. We procedures in section 492 of the HEA. demonstrated expertise or experience in request nominations for individual The notice also announced a series of the relevant subjects under negotiation. negotiators who represent key three regional hearings at which We will also select individual stakeholder constituencies that are interested parties could comment on the negotiators who reflect the diversity involved in the student financial topics suggested by the Department, and among program participants, in assistance programs authorized under suggest additional topics for accordance with section 492(b)(1) of the Title IV of the HEA to serve on these consideration for action by the HEA. Our goal is to establish committees. negotiating committees. We invited committees that will allow significantly DATES: We must receive your parties to comment and submit topics affected parties to be represented while nominations for negotiators to serve on for consideration in writing, as well. We keeping the committee size manageable. the committees on or before September heard testimony and received written The committees may create subgroups 25, 2009. comments from approximately 290 on particular topics that would involve additional individuals who are not ADDRESSES: Please send your individuals. Transcripts from the nominations for negotiators to Patty hearings and copies of the written members of the committees. Individuals Chase, U.S. Department of Education, comments can be found at http:// who are not selected as members of the 1990 K Street, NW., room 8034, www.ed.gov/policy/highered/reg/ committees will be able to attend the Washington, DC 20006, or by fax at hearulemaking/2009/negreg- meetings, have access to the individuals (202) 502–7874. You may also e-mail summerfall.html. representing their constituencies, and your nominations to Regulatory Issues: After consideration participate in informal working groups [email protected]. Nominees will be of the information received at the on various issues between the meetings. notified whether or not they have been regional hearings and in writing, we The committee meetings will be open to selected as negotiators, as soon as the have decided to establish the following the public. The Department has identified the Department’s review process is two negotiating committees: • following constituencies as having completed. Team I—Program Integrity Issues • Team II—Foreign School Issues interests that are significantly affected FOR FURTHER INFORMATION CONTACT: For We received many comments by the topics proposed for negotiations. information about the content of this suggesting that we negotiate issues The Department plans to seat as notice, including information about the related to the student loan programs negotiators individuals from negotiated rulemaking process or the authorized under Title IV of the HEA. organizations or groups representing nomination submission process contact: As we anticipate the need to convene a each of these constituencies. The Wendy Macias, U.S. Department of negotiated rulemaking committee Department anticipates that individuals Education, 1990 K Street, NW., room following the completion of pending from organizations or groups 8017, Washington, DC 20006. legislative action related to student representing each of these Telephone: (202) 502–7526. You may loans, we will not be including student constituencies will participate as also e-mail your questions about the loan issues on the agenda at this time. members of one or more committees as nomination submission process to: Many of those who testified and those appropriate. These constituencies are: [email protected]. who provided written comments made • Students.

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• Legal assistance organizations that medical schools on the Team II agenda • Monitoring grade point averages. represent students. requires some specific constituencies • Incentive compensation. • Consumer advocacy organizations. who are affected parties for purposes of • Gainful employment in a • Financial aid administrators at these issues only. recognized occupation. postsecondary institutions. For these issues, we will be selecting • State authorization as a component • Business officers and bursars at ‘‘single-issue negotiators’’ whose of institutional eligibility. postsecondary institutions. participation on the committee will be • Definition of a credit hour. • Admissions officers at limited to the negotiation of only the • Verification of information postsecondary institutions. issues specific to foreign medical included on a Free Application for • Institutional third-party servicers schools. As previously noted, the Federal Student Aid (FAFSA). who perform functions related to the committee may form subgroups for • Definition of a high school diploma Title IV programs (including collection preliminary discussions of these, or for purposes of establishing eligibility to agencies). other, issues to include individuals who participate in Federal student aid • State higher education executive are not members of the committee but programs. officers. who have expertise that would be • Misrepresentation of information • State Attorneys General and other helpful. provided to students and prospective appropriate State officials. The goal of each committee is to students. • Business and industry. develop proposed regulations that • Ability to benefit. • Institutions of higher education reflect a final consensus of the • Agreements between institutions of eligible to receive Federal assistance committee. Consensus means that there higher education. under Title III, Parts A and B, and Title is no dissent by any member of the • Retaking coursework. V of the HEA, which include negotiating committee. An individual • Term-based module programs. Historically Black Colleges and selected as a negotiator will be expected • Institutions required to take Universities, Hispanic-Serving to represent the interests of their attendance for purposes of the Return of Institutions, American Indian Tribally organization or group. If consensus is Title IV Funds requirements. Controlled Colleges and Universities, reached, all members of the organization • Timeliness and method of Alaska Native and Native Hawaiian- or group represented by a negotiator are disbursement of Title IV funds. Serving Institutions, and other bound by the consensus and are Team II—Foreign School Issues institutions with a substantial prohibited from commenting negatively • enrollment of needy students as defined on the resulting proposed regulations. United States Generally Accepted in Title III of the HEA. The Department will not consider any Accounting Principles (U.S. GAAP) • Two-year public institutions of such negative comments that are financial statements (section 493(b) of higher education. submitted by members of such an the HEOA). • • Four-year public institutions of organization or group. Compliance audits (section 493(b) higher education. Nominations should include: of the HEOA). • Private, non-profit institutions of • The name of the nominee, the • Definition of a foreign school. higher education. organization or group the nominee • Non-profit status for foreign • Private, for-profit institutions of represents, and a description of the schools. higher education. interests that the nominee represents. • Public foreign schools and financial • Guaranty agencies and guaranty • Evidence of the nominee’s expertise responsibility. agency servicers (including collection or experience in the subject, or subjects, • Consolidation of select Title IV agencies). to be negotiated. requirements on a countrywide basis. • Lenders, secondary markets, and • Evidence of support from • Deferments for eligible non-citizens. loan servicers. individuals or groups of the • Non-degree programs. • Regional accrediting agencies. constituency that the nominee will • Issues specific to foreign medical • National accrediting agencies. represent. schools: • Specialized accrediting agencies. • The nominee’s commitment that he Æ New eligibility criteria for foreign • State approval agencies. or she will actively participate in good medical schools (section 102(a)(1)(B) • State student grant agencies. faith in the development of the and (b) of the HEOA). • State agencies addressing secondary proposed regulations. Æ Clinical sites of foreign medical education. • The nominee’s contact information, schools in other countries. • Private secondary schools. including address, phone number, fax Æ Basic science locations of foreign • Home schools for secondary number, and e-mail address. medical schools in other countries. education. For a better understanding of the • Eligibility requirements for foreign • Foreign institutions. negotiated rulemaking process, veterinary schools. • Governmental entities overseeing nominees should review The Negotiated • Eligibility requirements for foreign public foreign institutions. Rulemaking Process for Title IV nursing schools (sections 102(a)(1)(A) • Clinical sites of foreign medical Regulations, Frequently Asked and (D) of the HEOA). institutions located in the United States Questions at http://www.ed.gov/policy/ • Foreign medical and veterinary (for Team II—Foreign School Issues, highered/reg/hearulemaking/hea08/neg- schools certified separately from larger Issues specific to foreign medical reg-faq.html prior to committing to school. schools). serve as a negotiator. These topics are tentative. Topics may • State agencies that certify clinical be added or removed as the process sites of foreign medical institutions in Committee Topics continues. the United States (for Team II—Foreign The topics the committees are likely Schedule for Negotiations School Issues, Issues specific to foreign to address are as follows: medical schools). We anticipate that negotiations for The negotiation of proposed Team I—Program Integrity Issues these committees will begin at the end regulations for issues specific to foreign • Satisfactory academic progress. of October 2009, with each committee

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meeting for three sessions of at this site. If you have questions about ENVIRONMENTAL PROTECTION approximately five days at roughly using PDF, call the U.S. Government AGENCY monthly intervals. Meetings will start Printing Office toll free at 1–888–293– on a Monday at 1:00 and end on a 6498; or in the Washington, DC, area at 40 CFR Part 60 Friday at noon. The committees will (202) 512–1530. meet in the Washington, DC area. The Note: The official version of this document [EPA–HQ–OAR–2008–0697; FRL–8948–9] dates and locations of these meetings is the document published in the Federal will be posted on the Department’s Web Register. Free Internet access to the official RIN 2060–AP08 site at: http://www.ed.gov/policy/ edition of the Federal Register and the Code highered/reg/hearulemaking/2009/ of Federal Regulations is available on GPO Revisions to Test Method for negreg-summerfall.html. Access at: http://www.gpoaccess.gov/nara/ The schedule for these negotiations index.html. Determining Stack Gas Velocity Taking has been developed to ensure Into Account Velocity Decay Near the publication of the final regulations by Program Authority: 20 U.S.C. 1098a. Stack Walls the November 1, 2010 statutory deadline Delegation of Authority: The Secretary Correction for publishing Title IV, HEA student of Education has delegated authority to financial assistance final regulations. Daniel T. Madzelan, Director, In proposed rule document E9–20395 Forecasting and Policy Analysis for the Electronic Access to This Document beginning on page 42819 in the issue of Office of Postsecondary Education, to Tuesday, August 25, 2009 make the You can view this document, as well perform the functions and duties of the following correction: as all other documents of this Assistant Secretary for Postsecondary Department published in the Federal Education. Appendix A–2 to Part 60 [Corrected] Register, in text or Adobe Portable Dated: September 3, 2009. Document Format (PDF), on the Internet On page 42819, in Appendix A–2 to at the following site: http://www.ed.gov/ Daniel T. Madzelan, Part 60, Equation 2H–1 is reprinted news/fedregister. Director, Forecasting and Policy Analysis. correctly to read as set forth below: To use PDF you must have Adobe [FR Doc. E9–21695 Filed 9–8–09; 8:45 am] Acrobat Reader, which is available free BILLING CODE 4000–01–P

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[FR Doc. Z9–20395 Filed 9–8–09; 8:45 am] Following a review of the petition, we Wildlife Service; 4401 N. Fairfax Drive, BILLING CODE 1505–01–D find that the petition presents Suite 222; Arlington, VA 22203. substantial scientific or commercial We will post all information received information indicating that listing the on http://www.regulations.gov. DEPARTMENT OF THE INTERIOR gopher tortoise in the eastern portion of FOR FURTHER INFORMATION CONTACT: its range may be warranted. Therefore, David L. Hankla, Field Supervisor, Fish and Wildlife Service with the publication of this notice, we Jacksonville Ecological Services Field are initiating a status review to Office, 7915 Baymeadows Way, Suite 50 CFR Part 17 determine if listing the gopher tortoise 200, Jacksonville, FL 32256, by in the eastern portion of the range is telephone 904/731-3336, or by facsimile [FWS-R4-ES-2009-0029 warranted. To ensure that the status 904/731-3045. Persons who use a MO 9221050083-B2] review is comprehensive, we are telecommunications device for the deaf soliciting scientific and commercial data (TDD) may call the Federal Information Endangered and Threatened Wildlife and other information regarding the and Plants; 90-Day Finding on a Relay Service (FIRS) at 800-877-8339. status of and threats facing the gopher SUPPLEMENTARY INFORMATION: Petition to List the Eastern Population tortoise throughout all of its range. of the Gopher Tortoise (Gopherus DATES: We made the finding announced Information Solicited polyphemus) as Threatened in this document on September 9, 2009. When we make a finding that a AGENCY: Fish and Wildlife Service, To allow us adequate time to conduct petition presents substantial Interior. this review, we request that we receive information indicating that listing a information on or before November 9, ACTION: Notice of 90–day petition species may be warranted, we are finding and initiation of status review. 2009 to allow us time to review and required to promptly commence a consider the information in our status review of the status of the species. To SUMMARY: We, the U.S. Fish and review. ensure that the status review is Wildlife Service, announce a 90–day ADDRESSES: You may submit complete and based on the best finding on a petition to list the eastern information by one of the following available scientific and commercial population of the gopher tortoise methods: information, we are soliciting (Gopherus polyphemus) as threatened • Federal eRulemaking Portal: http:// information concerning the status of the under the Endangered Species Act of www.regulations.gov. Follow the gopher tortoise throughout all of its 1973, as amended (Act) and designate instructions for submitting comments. range. We request information from critical habitat. Herein, the Service • U.S. mail or hand-delivery: Public other concerned governmental agencies, refers to the eastern population of the Comments Processing, Attn: FWS-R4- Native American Tribes, the scientific gopher tortoise as the gopher tortoise in ES-2009-0029; Division of Policy and community, industry, or any other the eastern portion of its range. Directives Management; U.S. Fish and interested parties concerning the status

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of the gopher tortoise throughout all of such habitat meets the requirements of that would lead a reasonable person to its range. We are seeking information the Act. Include sufficient information believe that the measure proposed in the regarding: with your submission (such as full petition may be warranted’’ (50 CFR (1) The species’ biology, range, and references) to allow us to verify any 424.14(b)). If we find that substantial population trends, including: scientific or commercial information scientific or commercial information (a) Habitat requirements for feeding, you provide. was presented, we are required to breeding, and sheltering; Submissions merely stating support promptly commence a status review of (b) Genetics and taxonomy of the for or opposition to the action under the species which we subsequently gopher tortoise throughout its entire consideration without providing summarize in our 12–month finding. range including the federally listed supporting information, although noted, On January 18, 2006, we received a western portion of the gopher tortoise’s will not be considered in making a petition, dated January 13, 2006, from range; determination. Section 4(b)(1)(A) of the Save Our Big Scrub, Inc. and Wild (c) Historical and current range Act directs that determinations as to South requesting that we list the gopher including distribution patterns; whether any species is a threatened or tortoise (Gopherus polyphemus) in the (d) Historical and current population endangered species must be made eastern portion of its range as a levels, and current and projected trends; ‘‘solely on the basis of the best scientific threatened species under the Act and and and commercial data available.’’ Based we designate critical habitat. The (e) Past and ongoing conservation on the status review, we will issue a 12– petition clearly identified itself as such measures for the species or its habitat. month finding on the petition, as and included the requisite identification (2) The factors that are the basis for provided in section 4(b)(3)(B) of the Act. information for the petitioners, as making a listing determination for a You may submit your information required in 50 CFR 424.14(a). Action on species under section 4(a) of the Act (16 concerning this status review by one of this petition was precluded by court U.S.C. 1531 et seq.), which are: the methods listed in the ADDRESSES orders and settlement agreements for (a) The present or threatened section. If you submit information via other listing and critical habitat actions destruction, modification, or http://www.regulations.gov, your entire that required all of our listing and curtailment of the species’ habitat or submission—including any personal critical habitat funding for fiscal year range; identifying information—will be posted 2006. On September 26, 2006, we (b) Overutilization for commercial, on the Web site. If you submit a received a 60–day notice of intent to sue recreational, scientific, or educational hardcopy that includes personal from Save Our Big Scrub, Inc. and Wild purposes; identifying information, you may South for failing to make a timely 90– (c) Disease or predation; request at the top of your document that day finding. This notice constitutes our (d) The inadequacy of existing we withhold this personal identifying 90–day finding on the petition to list the regulatory mechanisms; or information from public review. gopher tortoise in the eastern portion of (e) Other natural or manmade factors However, we cannot guarantee that we its range. affecting its continued existence and will be able to do so. We will post all threats to the species or its habitat. hardcopy submissions on http:// Previous Federal Action(s) (3) Information related to whether any www.regulations.gov. On July 7, 1987 (52 FR 25376), the portion of the range should be Information and materials we Service determined the western considered for listing as a distinct received and used in preparing this 90– population of the gopher tortoise to be population segment or significant day finding will be available for you to a threatened species. This population portion of the range. review at http://www.regulations.govor occurs from the Tombigbee and Mobile If we determine that listing the gopher you may make an appointment during Rivers in Alabama west to southeastern tortoise in the eastern portion of its normal business hours at the U.S. Fish Louisiana. To date, no Federal actions range is warranted, it may be and Wildlife Service, Jacksonville have been taken with regard to the appropriate, at the same time, to Ecological Services Field Office (see FOR gopher tortoise in the eastern portion of propose critical habitat to the maximum FURTHER INFORMATION CONTACT). its range. extent prudent and determinable at the time we propose to list the species. Background Species Information Therefore, with regard to areas within Section 4(b)(3)(A) of the Act requires The gopher tortoise was first the geographical range currently that we make a finding on whether a described in 1802 by F.M. Daudin. It is occupied by the gopher tortoise range petition to list, delist, or reclassify a the only tortoise indigenous to the wide we also request data and species presents substantial scientific or southeastern United States (U.S. Fish information on what may constitute commercial information indicating that and Wildlife Service 1990, p. 1). The physical or biological features essential the petitioned action may be warranted. gopher tortoise is a moderate-sized, to the conservation of the species, where We are to base this finding on terrestrial turtle, averaging 23 to 28 these features are currently found, and information provided in the petition, centimeters (cm) (9 to 11 inches (in)) in whether any of these features may supporting information submitted with length. The species is identified by its require special management the petition, and information otherwise stumpy, elephantine hind feet and considerations or protection. In available in our files. To the maximum flattened, shovel-like forelimbs. The addition, we request data and extent practicable, we are to make this shell is oblong and generally tan, brown, information regarding whether there are finding within 90 days of our receipt of or gray in coloration. areas outside the geographical area the petition, and publish our notice of The gopher tortoise typically inhabits occupied by the species that are the finding promptly in the Federal relatively well-drained, sandy soils. essential to the conservation of the Register. This species is generally associated with species. Please provide specific Our standard for ‘‘substantial longleaf pine (Pinus palustris)– xeric comments and information as to what, scientific or commercial information’’ oak (Quercus spp.) sandhills but also if any, critical habitat you think we within the Code of Federal Regulations occurs in scrub, xeric hammock, pine should propose for designation if the (CFR) with regard to a 90–day petition flatwoods, dry prairie, coastal species is proposed for listing, and why finding is ‘‘that amount of information grasslands and dunes, mixed hardwood-

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pine communities, and a variety of The gopher tortoise is endemic to the information on how we define and disturbed habitats (Auffenberg and United States and occurs in the identify DPSs). If we recognize a Franz 1982, p. 98; Kushlan and Mazzotti southeastern Coastal Plain from population as a DPS, it is listed if we 1984, pp. 231-232; Diemer 1987, pp. 73- southeastern South Carolina to extreme find it is threatened or endangered 74; Diemer 1992; pp. 163-164; southeastern Louisiana (Auffenberg and throughout all or a significant portion of Breininger et al. 1994, pp. 60 and 63). Franz 1982, p. 95). The eastern portion its range. Gopher tortoises excavate burrows that of the gopher tortoise’s range includes If we find the gopher tortoise is average 0.91 to 15.8 meters (m) (3 to 52 Alabama (east of the Tombigbee and threatened in the eastern portion of the feet (ft)) in length and 2.7 to 7.0 m (9 Mobile Rivers), Florida, Georgia, and range, it may be appropriate to list the to 23 ft) in depth (Ashton and Ashton South Carolina. Of the eastern portion of entire species as threatened (because it 2004, p. 15). These burrows, which the tortoise’s range, the northernmost is already listed as threatened in the provide protection from temperature part is in South Carolina; in that State, western portion of the range). extremes, desiccation, and predators, four disjunct populations remain in Alternatively, we may determine that a serve as refuges for approximately 360 Jasper County, a few tortoises occur in DPS of the gopher tortoise inhabits the other species (Cox et al. 1987, p. 11; southern Hampton County (Wright eastern portion of the range, and we Jackson and Milstrey 1989, pp. 86-87; 1982, p. 14), and tortoises have recently may make a listing determination for Witz et al. 1991, p. 152). been documented in Aiken County that DPS. The gopher tortoise is slow to reach (Clark 2001, p. 191). In Georgia, the The petition and information in our sexual maturity, has low fecundity, and largest number of tortoises is found files suggest that the eastern portion of has a long life span (Cox et al. 1987, p. along the western Fall Line Sand Hills the gopher tortoise’s range contains the 17). Females reach sexual maturity at 9 and the central Tifton Uplands. Along majority of the total global range of the to 21 years of age, depending on local the Coastal Plain of Georgia, most of the species. This indicates that the eastern resource abundance and latitude; males tortoises are scattered due to portion of the range may be a significant mature at a slightly younger age urbanization along the coast, which portion of the range of the species, or, (Mushinsky et al. 1994, p. 352; Aresco further isolates tortoises from one if discrete from the remainder of the and Guyer 1999, pp. 503-504). The another (Landers and Garner 1981, pp. range, a distinct population segment of breeding season is generally April to 46-47). Tortoises found farther inland in the species. See the Service’s Policy November. Nests are constructed (often rural areas also tend to be scattered due Regarding the Recognition of Distinct in burrow mounds) from mid-May to to lack of management, such as Vertebrate Population Segments under mid-June, and only one clutch is prescribed burning. The State of Florida the Endangered Species Act (61 FR produced annually (Iverson 1980, p. contains the largest portion of the total 4722, February 7, 1996). global range of the species. Gopher 356). Incubation periods range from 80 Therefore, we find that the petition tortoises remain widely distributed in to 90 days in northern Florida (Iverson presents substantial information that the Florida, occurring in parts of all 67 1980, p. 356) to 110 days in South eastern portion of the range of the counties; however, their current range Carolina, the northern limit of the gopher tortoise may, if threatened or in south Florida is restricted due to gopher tortoise’s range (Wright 1982, p. endangered, be an appropriate subject of unsuitable habitat and increased 68). Predation of nests and hatchlings is a listing rule, and that a range-wide urbanization (Diemer 1987, p. 73). a major factor affecting population Tortoises occur as far south as Cape review of its status is warranted. dynamics (Diemer 1994, pp. 134-135; Sable and on islands off the east and Alford 1980, p. 180; Butler and Sowell Evaluation of Information for this west coasts of Florida (Auffenberg and 1996, pp. 455-457). Finding Franz 1982, p. 99; Kushlan and Mazzotti Gopher tortoises feed primarily on 1984, p. 231). Section 4 of the Act (16 U.S.C. 1533) broadleaf grasses, wiregrass (Aristida and its implementing regulations at 50 stricta var. beyrichiana), asters, peas and Applicability of the Act to the Eastern CFR 424 set forth the procedures for beans, and fruit, but they are known to Portion of its Range adding species to the Federal Lists of eat more than 300 species of plants Section 3 of the Act defines ‘‘species’’ Endangered and Threatened Wildlife (Ashton and Ashton 2004, pp. 33-35). to include ‘‘any subspecies of fish or and Plants. A species may be Home range size varies with habitat wildlife or plants, and any distinct determined to be an endangered or type, season, and sex of the tortoise; population segment [DPS] of any threatened species due to one or more moreover, considerable individual species of vertebrate fish or wildlife of the five factors described in section variation has been found (Diemer 1992, which interbreeds when mature,’’ and 4(a)(1) of the Act: (A) The present or pp. 160-162). Reported annual average an ‘‘endangered species’’ as ‘‘any threatened destruction, modification, or home ranges for males have varied from species which is in danger of extinction curtailment of its habitat or range; (B) 0.5 to 1.9 hectares (ha) (1.2 to 4.7 acres throughout all or a significant portion of overutilization for commercial, (ac)). Females generally have smaller its range.’’ (A ‘‘threatened species’’ is recreational, scientific, or educational home ranges, with reported averages ‘‘any species which is likely to become purposes; (C) disease or predation; (D) ranging from 0.1 to 0.6 ha (0.2 to 1.6 ac) an endangered species within the the inadequacy of existing regulatory (McRae et al. 1981, pp. 174-176; Diemer foreseeable future throughout all or a mechanisms; or (E) other natural or 1992, pp. 160-161; Smith et al. 1997, pp. significant portion of its range).’’ As a manmade factors affecting its continued 359-361). Home range size is inversely result, we make listing decisions on existence. correlated with the amount of entire species or subspecies which may In making this 90–day finding, we herbaceous ground cover and the range be threatened or endangered throughout evaluated whether information may vary depending on habitat quality all or a significant portion or their range, regarding the gopher tortoise in the (Diemer 1992, p. 163). Multiple burrows and on DPSs of vertebrate animals (see eastern portion of its range, as presented are typically used (McRae et al. 1981, p. our Policy Regarding the Recognition of in the petition and other information 165; Diemer 1992, p. 162), which Distinct Vertebrate Population Segments available in our files, is substantial, complicates estimates of population size Under the Endangered Species Act (61 thereby indicating that the petitioned (McCoy and Mushinsky 1992, p. 402). FR 4722, February 7, 1996) for action may be warranted. Our

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evaluation of this information is of grasses and forbs that the tortoises individuals into unsuitable habitats and presented below. eat. Pine plantations tend to have a onto highways (Wilson 1997, p. 18). The dense overstory, which results in a petitioners’ rationale is that as the A. The Present or Threatened sparse surface flora and lack of foraging quality of isolated patches of gopher Destruction, Modification, or vegetation for tortoises (Auffenberg and tortoise habitat is degraded, mature Curtailment of the Species’ Habitat or Franz 1982, p. 102). Conversion to pine Range adults may be forced to abandon a site plantations results in poor habitat in search of better quality habitat and The petition states that within the quality and smaller populations of food. This could force the tortoises into eastern portion of the range of the gopher tortoises. Based on the urban areas where food and habitat are gopher tortoise, land for urban uses information provided in the petition scarce. According to FWC (2001, p. 4), (urban development) has increased by and information in our files, there is a gopher tortoises left areas that had been approximately 614 percent, which is trend showing an increase in planted recently converted to pine plantations. higher than in areas where the federally pine and a decrease in natural pine that Dense pines shade out understory forage listed western population occurs (483 could be detrimental to gopher tortoises plants causing the tortoises to move to percent increase) (Vesterby and Krupa throughout the eastern portion of their peripheral areas to find food. 1997, pp. 44-45). Based on the range. These peripheral areas are often road document cited in the petition, it is Included in the petition is a quote shoulders, which may give the unclear how the petitioners reach this from the Florida Fish and Wildlife impression that population numbers are conclusion. Although the information Conservation Commission (FWC) that, high, even though the adjacent pine has shown an increase in urban use ‘‘it may be inevitable that gopher plantation is largely unoccupied (FWC throughout the southeastern United tortoises will be largely eliminated from 2001, p. 4). This claim is supported by States, it does not show that this private lands in Florida within the next information in our files. Roads fragment conversion to urban use has occurred in three generations, which would gopher tortoise habitat and populations, areas occupied by gopher tortoises. represent a 60-65 percent decline in and proper management of these small However, information in our files tortoise habitat. We anticipate similar habitat fragments (e.g., prescribed indicates that conversion of natural pine losses in the other range states,’’ (FWC burning, invasive species control) stands for urban uses can and does have 2001, p. 5). Kautz (1998, p. 184) projects becomes complicated (FWC 2006, p. detrimental effects, caused by loss of that natural pine forests could disappear 10). Highway mortality of gopher habitat, on populations of gopher from all commercial forest lands in tortoises is probably greatest in urban tortoises. Based on GIS analysis of 2003 Florida by 2021. Kautz (1998, p. 182) areas with heavy vehicular traffic and a Landsat imagery, an estimated 688,963 also estimates that between 1970 and relatively high number of displaced ha (1,701,736 ac) of former tortoise 1995, natural pine forests in Florida tortoises (Mushinsky et al. 2006, p. 362). habitat in Florida are now urban, which declined from 2.26 million ha (5.58 The Service’s 1990 Gopher Tortoise represents a 15.7 percent loss of million ac) to 1.14 million ha (2.82 Recovery Plan for the western portion of historical tortoise habitat to million ac), a 49.4 percent loss in urbanization (FWC 2006, p. 8). approximately one tortoise generation the gopher tortoise’s range discusses the The petition also notes that between (31 years). In other States where gopher conversion of natural pine habitat to 1952 and 1999, natural pine habitat tortoises occur, human population other uses and describes similar effects declined by more than 61 percent growth has not increased as it has in that are also occurring within the within the eastern portion of the gopher Florida over the last 50 years, but eastern portion of the gopher tortoise’s tortoise’s range. The 61 percent decline prospects for loss of natural pine forests range (U.S. Fish and Wildlife Service is a greater decline than the 41 percent in these other States are no less bleak 1990, p. 9). Since this recovery plan was in areas occupied by the federally listed (FWC 2001, p. 5). written, other researchers have supplied western population (Conner and The loss of natural pinelands evidence that fire suppression and the Hartsell 2002, pp. 374-375). throughout the South is further decline of prescribed fire in both natural Furthermore, the petition states that the supported by Siry (2002, p. 335), who pine forests and pine plantations have amount of land devoted to pine stated that in 2000, natural pine made resulted in a substantial decline in plantations has increased from 567,000 up 11 percent of the forest industry’s gopher tortoise habitat (FWC 2006, p. ha (1.4 million ac) in 1952 to nearly 8.91 land holdings throughout the southern 10). Auffenburg and Franz (1982, p. 106) million ha (22 million ac) in 1999, an United States; but by 2020, only a reported that tortoise densities are increase of more than 1,400 percent predicted 2 percent of the forest highest in fire-adapted associations (Conner and Hartsell 2002, pp. 373-376). industry’s land holdings will be in (sand pine-scrub oak and longleaf pine- Information in our files indicates that natural pine. Siry (2002, p. 335) also oak) or early successional stages (beach loss of natural pine stands converted to showed that in 2000, natural pine scrub and old-field). In the absence of pine plantations has an adverse effect consisted of 14 percent of nonindustrial fire, each of these associations would on gopher tortoise populations private forest holdings, whereas by eventually be replaced by (Auffenberg and Franz 1982, p. 102). 2020, only 10 percent is predicted to be predominantly evergreen hardwood Pine plantations are typically planted in left in natural pine. This information, communities, in which tortoises are dense rows of pine trees. The resulting which was cited in the petition, is generally less abundant (Auffenburg and open, grassy habitat may encourage supported by information found in our Franz 1982, pp. 106-107). colonization for several years. Such files. FWC’s 2006 update to the species’ In summary, we find that the colonies are short-lived, however, for 2001 status report further indicates a information provided in the petition, as within l0 to l5 years, the pines shade serious decline in the amount of gopher well as other information in our files, out the grasses, and the tortoises either tortoise habitat in the State of Florida. presents substantial scientific or die or scatter (Auffenberg and Franz The petition also contends that the commercial information indicating that 1982, p. 111). increase in habitat destruction and the petitioned action may be warranted Natural pine stands tend to have an degradation of upland habitats has due to habitat destruction (especially open canopy that allows for greater light resulted in fragmentation of large from urbanization and the conversion of intensity at ground level and a diversity tortoise populations and forced natural pine habitat to pine plantations)

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and fire suppression in natural pine The petition also contends that past The petition also includes forests. gopher tortoise harvesting during information indicating that predators rattlesnake roundups would most likely pose a significant threat to gopher B. Overutilization for Commercial, explain why tortoises are absent from tortoise population viability. The Recreational, Scientific, or Educational some seemingly appropriate habitat petition states that because of high nest Purposes (Hermann 2002, p. 295). We have loss to predators, a mature gopher The petition states that harvesting of evidence in our files indicating this tortoise may produce as few as one gopher tortoises is now prohibited by all activity did occur, at least historically. clutch every 10 years that actually States throughout its range; however, As stated previously, some activities, survives. Predators destroy more than commercial hunters continue to illegally although historical in nature, may have 80 percent of gopher tortoise nests collect gopher tortoises for their meat lasting effects on populations, but the (Puckett and Franz 2001, p. 5). In South (Puckett and Franz 2001, p. 6). The magnitude of these effects is unknown Carolina, 17 of 24 (74 percent) nests petitioners note that in Florida there has at this time. were destroyed by predators (Wright been a long history of human predation In summary, the petition provides 1982, p. 59). In Georgia, females are on tortoises, especially in the western information on the impacts of past and estimated to produce one clutch Panhandle. For example, prior to the present commercial and recreational (approximately seven eggs per clutch in closure of tortoise harvest in the late activities on tortoises. However, it is southern Georgia) annually; however, 1980s, one community in Okaloosa difficult to determine from either the predators will destroy 87 percent of County held an annual tortoise cookout information submitted with the petition these clutches throughout that year (FWC 2006, p. 4). Auffenberg and Franz or the information in our files the (Landers and Garner 1981, p. 46). In (1982, p. 103) found that tortoise current and projected extent and northern Florida, gopher tortoises have populations in longleaf pine-turkey oak magnitude of these impacts on the been estimated to have a mortality rate (Quercus laevis) habitat in the Florida gopher tortoise throughout all or a of 94.2 percent during their first year of Panhandle averaged only 20 percent of significant portion of its eastern range. life (Alford 1980, p. 180). the density of populations in similar Epperson and Heise (2003, pp. 320 Therefore, we find that the petition does habitat in the peninsula of Florida. and 322) showed in their study that not present substantial information for Although the petition provides some survivorship of tortoise hatchlings was this factor. information about human predation on low with most (65 percent) killed within tortoises in the Florida Panhandle, it C. Disease or Predation 30 days of hatching. Information in our does not present information on human files indicates that the most significant predation in other areas of Florida or The petitioners provide information egg and hatchling predator appears to be elsewhere in the eastern portion of the that the bacterial disease known as the raccoon (Procyon lotor) (Landers et range. However, information in our files upper respiratory tract disease (URTD) al. 1980, p. 358); however, a variety of indicates that the tortoise was used for has become more widespread among mammals are reported predators of food throughout its range during the gopher tortoises (Seigel 2003, p. 138). gopher tortoise, including gray foxes 1930s (‘‘Great Depression’’) and as late This disease is highly contagious and is (Urocyon cinereoargenteus), striped as the 1980s in some parts of the range. transmitted by close contact between skunks (Mephitis mephitis), opossums Although this activity may have abated, tortoises, as during courtship or male (Didelphis virginiana), armadillos the taking of adult gopher tortoises can combat (Mushinsky et al. 2006, p. 363). (Dasypus novemcinctus) (Landers et al. result in long-term negative effects on Symptoms of URTD can include 1980, p. 358), and dogs (Canis populations. Since tortoises already swollen eyelids, nasal discharge, and domesticus) (Causey and Cude 1978, pp. have high juvenile and hatchling severe respiratory distress (Seigel 2003, 94-95). Introduced nonnative fire ants mortality, require a long time to reach p. 139). The petition also includes (Solenopsis saevissima or invicta) are sexual maturity, and have a low information regarding the large-scale also reported as hatchling predators reproductive rate, populations can show mortality of tortoises from URTD at (Landers et al. 1980, p. 358; Lohoefener substantial effects from the loss of several sites in Florida, including the and Lohmeier 1984, p. 5). reproducing adults. unusually high mortality at the Kennedy Although disease and predation have The petition also provides Space Center between 1995 and 2000 resulted in the loss of gopher tortoises, information indicating that other human (Seigel 2003, pp. 138-139). Data show the petition and information in our files activities focused on other species that tortoises of both genders and all age do not provide sufficient information to negatively affect gopher tortoises. For classes at the Kennedy Space Center show the extent to which these threats example, although ‘‘rattlesnake round- were equally vulnerable to URTD- have affected or are expected to affect ups’’ have decreased throughout the related mortality and that an ‘‘across the the gopher tortoise throughout all or a gopher tortoise’s range, they are still board’’ decrease in tortoise numbers significant portion of its eastern range. occurring in South Georgia (Humane could be expected (Seigel 2003, p. 142). Therefore, we find that the petition does Society of the United States 2005, p. 1). Although URTD can result in large-scale not present substantial information for Collection methods for these round-ups mortality of gopher tortoises, the this factor. We will further review the include pouring gasoline into snakes’ petition does not provide information role of disease and predation during our hiding places, which include gopher on the extent of this disease on the status review. tortoise burrows. The petitioners note gopher tortoise in the eastern portion of that Florida has banned the use of its range. Information within our files D. Inadequacy of Existing Regulatory gasoline to collect rattlesnakes from indicates that URTD has the potential to Mechanisms gopher tortoise burrows (Florida influence survival and reproduction of The petition asserts that although Administrative Code, 68A-4.001(2)) and individual tortoises, but definitive data each State affords some protection to has banned tortoise races (Florida are lacking (Brown et al. 2002, pp. 505- gopher tortoise in the eastern portion of Administrative Code, 68A-25.002(9) and 506); therefore, the current extent of the its range, such State protections have (10)). However, these activities persist impact of this disease is difficult to been ineffective at preventing further in other States such as Georgia and determine within the eastern portion of declines. In Alabama, the tortoise is a Alabama. the gopher tortoise’s range. State-protected nongame species; in

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South Carolina, the species is listed as their low reproductive rate. The petition and other information regarding listing endangered; and in Georgia and Florida, further states that the Service used this the gopher tortoise throughout all of its the species is listed as threatened. claim as one of the justifications for range. At the conclusion of the status In Florida, permits are required to listing the gopher tortoise in the western review, we will issue a 12–month take gopher tortoises (Florida portion of its range as threatened in finding on the petition, announcing our Administrative Code, 68A-25.002 (9) 1987 (52 FR 25376, July 7, 1987). The determination of whether or not the and (10)). The petition claims that since petitioners contend that this same petitioned action is warranted. 1991, the permitting process used by the rationale applies to the eastern portion The ‘‘substantial information’’ State of Florida has issued permits to of the range because the threats are standard for a 90–day finding differs ‘‘entomb and kill’’ an estimated 67,000 similar to what the western portion of from the Act’s ‘‘best scientific and to 71,000 gopher tortoises for the the range was facing at the time of commercial data’’ standard that applies construction of houses, strip malls, listing. As described under the Species to a status review to determine whether roads, and schools (Fleshler 2005, p. 1). Information section above, female a petitioned action is warranted. A 90– However, the State of Florida’s first gopher tortoises do not reach sexual day finding does not constitute a status action is to prevent direct harm to maturity until about 9 to 21 years of age; review under the Act. In a 12–month tortoises through its permitting process. males mature at a slightly younger age finding, we will determine whether a According to information in our files, at (Cox et al. 1987, p. 17; Mushinsky et al. petitioned action is warranted after we the time the petition was received, the 1994, p. 352; Aresco and Guyer 1999, have completed a thorough status FWC had a draft 2006 Management Plan pp. 503-504). As described above, review of the species, which is to protect suitable habitat and relocate because of the natural life history conducted following a substantial 90– tortoises to this habitat. The extent of parameters of the gopher tortoise, day finding. Because the Act’s standards the impacts from relocation, either including low reproductive rate and for 90–day and 12–month findings are positive or negative, on this species delayed age to sexual maturity, the different, as described above, a throughout the eastern portion of the mortality experienced by other threats substantial 90–day finding does not range is currently unknown. We will can be amplified within populations. mean that the 12–month finding will evaluate this during the status review. Therefore, we find that the information result in a warranted finding. The information presented in the provided in the petition, as well as petition, as well as information in our information in our files, presents References Cited files, does not present substantial substantial information indicating that A complete list of all references cited information for this factor. Therefore, the petitioned action may be warranted is available on the Internet at http:// we have determined that the petition under this factor due to the natural life www.regulations.gov and upon request does not present substantial information history of gopher tortoises. from the Jacksonville Ecological that the gopher tortoise throughout all Finding Services Field Office (see FOR FURTHER or a significant portion of its eastern INFORMATION CONTACT). range may be threatened due to the On the basis of our review and inadequacy of existing regulatory evaluation under section 4(b)(3)(A) of Author the Act, we find that the petition mechanisms. We will continue to The primary authors of this notice are presents substantial scientific or evaluate this factor, including the long- the staff members of the Jacksonville commercial information that listing the term monitoring program of gopher Ecological Services Field Office (see FOR gopher tortoise to include the eastern tortoise translocation as described in the FURTHER INFORMATION CONTACT). FWC draft 2006 Management Plan, portion of its range may be warranted during our status review of the gopher due to current and future threats under Authority tortoise in the eastern portion of its Factors A and E. Therefore, we are The authority for this action is the range. initiating a status review to determine Endangered Species Act of 1973, as whether listing the eastern population amended (16 U.S.C. 1531 et seq.). E. Other Natural or Manmade Factors of the gopher tortoise is warranted. To Affecting the Species’ Continued ensure that the status review is Dated: August 24, 2009. Existence comprehensive (in conjunction with the Daniel M. Ashe, The petition states that the previously status review we are conducting under Acting Director, U.S. Fish and Wildlife identified threats are accentuated by the the Act’s section 4(c)(2) of the listed Service. length of time required for gopher western portion of the range), we are [FR Doc. E9–21481 Filed 9–8–09; 8:45 am] tortoises to reach sexual maturity and soliciting scientific and commercial data BILLING CODE 4310–55–S

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Notices Federal Register Vol. 74, No. 173

Wednesday, September 9, 2009

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Submission for OMB Review; public. Notices of hearings and investigations, Comment Request committee meetings, agency decisions and Agricultural Marketing Service rulings, delegations of authority, filing of September 3, 2009. petitions and applications and agency Title: Specialty Crop Block Grant The Department of Agriculture has statements of organization and functions are Program (SCBGP). submitted the following information examples of documents appearing in this OMB Control Number: 0581–0239. collection requirement(s) to OMB for section. review and clearance under the Summary of Collection: The Specialty Paperwork Reduction Act of 1995, Crops Competitiveness Act of 2004, Public Law 104–13. Comments DEPARTMENT OF AGRICULTURE (Pub. L. 108–465) (Act) authorized the regarding (a) whether the collection of Secretary of Agriculture to make grants information is necessary for the proper Submission for OMB Review; to States (at the time, defined to mean Comment Request performance of the functions of the the 50 States, the District of Columbia, agency, including whether the September 3, 2009. and Commonwealth of Puerto Rico), for information will have practical utility; The Department of Agriculture has each of the fiscal years 2005 through (b) the accuracy of the agency’s estimate submitted the following information 2009 to be used by State departments of of burden including the validity of the collection requirement(s) to OMB for agriculture solely to enhance the methodology and assumptions used; (c) review and clearance under the competitiveness of specialty crops. ways to enhance the quality, utility and Paperwork Reduction Act of 1995, These grant funds were previously clarity of the information to be Public Law 104–13. Comments applied for and awarded to eligible State collected; (d) ways to minimize the regarding (a) whether the collection of departments of agriculture under the burden of the collection of information information is necessary for the proper Specialty Crop Block Grant Program on those who are to respond, including performance of the functions of the (SCBGP). Therefore, State departments through the use of appropriate agency, including whether the of agriculture can no longer apply for automated, electronic, mechanical, or information will have practical utility; grants under the SCBGP. other technological collection (b) the accuracy of the agency’s estimate Need and Use of the Information: The techniques or other forms of information of burden including the validity of the SCBGP is still in effect because grant technology should be addressed to: Desk methodology and assumptions used; (c) periods can be up to three years in Officer for Agriculture, Office of ways to enhance the quality, utility and length and currently, State departments Information and Regulatory Affairs, clarity of the information to be of agriculture are reporting on Office of Management and Budget collected; (d) ways to minimize the previously awarded grants. Data (OMB), burden of the collection of information collected is the minimum information [email protected] or on those who are to respond, including necessary to effectively carry out the fax (202) 395–5806 and to Departmental through the use of appropriate program, and to fulfill the intent of Clearance Office, USDA, OCIO, Mail automated, electronic, mechanical, or Section 101 of the Act. The information Stop 7602, Washington, DC 20250– other technological collection collection requirements apply only to 7602. Comments regarding these techniques or other forms of information those State departments of agriculture information collections are best assured technology should be addressed to: Desk who voluntarily participate in SCBGP. of having their full effect if received Officer for Agriculture, Office of The information collected is needed to within 30 days of this notification. Information and Regulatory Affairs, Copies of the submission(s) may be Office of Management and Budget certify that grant participants are complying with applicable program obtained by calling (202) 720–8958. (OMB), An agency may not conduct or _ regulations. The Agricultural Marketing OIRA [email protected] or sponsor a collection of information fax (202) 395–5806 and to Departmental Service is reviewing annual and final performance reports, grant amendments, unless the collection of information Clearance Office, USDA, OCIO, Mail displays a currently valid OMB control Stop 7602, Washington, DC 20250– and financial status reports for the SCBGP. number and the agency informs 7602. Comments regarding these potential persons who are to respond to information collections are best assured Description of Respondents: State the collection of information that such of having their full effect if received Agricultural Departments. persons are not required to respond to within 30 days of this notification. Number of Respondents: 52. the collection of information unless it Copies of the submission(s) may be Frequency of Responses: Reporting: displays a currently valid OMB control obtained by calling (202) 720–8681. number. An agency may not conduct or Annually; Recordkeeping. sponsor a collection of information Total Burden Hours: 351. Agricultural Research Service unless the collection of information Title: Electronic Mailing List Charlene Parker, displays a currently valid OMB control Subscription Form—Nutrition and Food number and the agency informs Departmental Information Collection Safety. potential persons who are to respond to Clearance Officer. OMB Control Number: 0518–0036. the collection of information that such [FR Doc. E9–21758 Filed 9–8–09; 8:45 am] Summary of Collection: The National persons are not required to respond to BILLING CODE 3410–02–P Agricultural Library’s Food and

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Nutrition Center (FNIC) currently be sent to Valerie L. Emmer-Scott, following import regulations require maintains several on-line ‘‘discussion Marketing Specialist, Marketing Order importers and receivers of imported groups.’’ This voluntary ‘‘Electronic Administration Branch, Fruit and fruit, vegetable and specialty crops to Mailing List Subscription Form’’ gives Vegetable Programs, AMS, USDA, 1400 submit reports: (1) Fruits; import individuals working in the area of Independence Avenue, SW., regulations (7 CFR part 944.350); (2) nutrition and food safety an opportunity Washington, DC 20250–0237; (202) 205– Vegetables; import regulations (7 CFR to participate in these groups. Data 2829, Fax: (202) 720–8938, or Internet: part 980.501); and (3) Specialty crops; collected using this form will help FNIC http://www.regulations.gov. All import regulations (7 CFR part 999.500). determine a person’s eligibility to comments should reference the docket When required to do so under the participate in these discussion groups. number and the date and page number above regulations, an importer wishing The authority for the National of this issue of the Federal Register and to import commodities for exempt Agricultural Library (NAL) to collect will be made available for public purposes completes Form FV–6, this information is contained in the inspection in the Office of the Docket ‘‘Importer’s Exempt Commodity Form,’’ CFR, Title 7, Volume 1, Part 2, and Clerk during regular business hours, or prior to importation. In August 2008, Subpart K, Sec. 2.65 (92). can be viewed at: the web-based application, ‘‘Marketing Need and Use of the Information: http://www.regulations.gov. Order Online System (MOLS)’’ was FNIC will collect the name, email FOR FURTHER INFORMATION CONTACT: launched allowing fruit, vegetable and address, job title, employer, mailing Nicole Nelson, Compliance Team, specialty crop importers and receivers address and telephone number in order Marketing Order Administration to submit, review and search for FV–6 to approve subscriptions for nutrition Branch, AMS, USDA, (202) 720–6467, certificates online. The MOLS was and food safety on-line discussion or E-mail: [email protected].; developed to not only help USDA groups. Failure to collect this or Greg Breasher, Compliance Team, manage incoming FV–6 forms, but to information would inhibit FNIC’s ability Marketing Order Administration also help importers reduce paperwork, streamline operations and allows the to provide subscription services to these Branch, AMS, USDA, (559) 487–5003, most efficient clearance through U.S. discussion groups. or E-mail: Customs and Border Protection. The Description of Respondents: [email protected]. Individuals or households. FV–6 form and the MOLS are currently SUPPLEMENTARY INFORMATION: Number of Respondents: 1,000. approved by the Office of Management Title: Marketing Order Online System Frequency of Responses: Reporting: and Budget (OMB) under OMB No. (MOLS) Survey, Form FV–660. Monthly; Annually. 0581–0167, ‘‘Specified Commodities OMB Number: 0581–NEW. Total Burden Hours: 17. Imported into the United States Exempt Type of Request: New information from Import Requirements.’’ Ruth Brown, collection. The MOLS requires the minimum Departmental Information Collection Abstract: Section 8e of the amount of information necessary to Clearance Officer. Agricultural Marketing Agreement Act effectively carry out the requirements of [FR Doc. E9–21760 Filed 9–8–09; 8:45 am] of 1937 (7 U.S.C. 601–674), hereinafter the Act. It fulfills the intent of the Act BILLING CODE 3410–03–P referred to as the ‘‘Act’’, requires that and administers Section 8e compliance when the Secretary of Agriculture issues activities. grade, size, quality, or maturity AMS offered MOLS to a test group of DEPARTMENT OF AGRICULTURE regulations under domestic marketing importers and receivers in November orders for certain commodities, the 2008. In January 2009, AMS opened the Agricultural Marketing Service same or comparable regulations apply to system to all importers and receivers. [Docket No. AMS–FV–09–0025; FV09–900– imports of those commodities. Import Although the MOLS is the 1NC] regulations apply only during those recommended form of FV–6 submission, periods when domestic marketing order paper copies are occasionally used by Request for New Information regulations are in effect. those respondents who do not have Collection Currently, the following commodities internet access. are subject to Section 8e import AMS has developed a customer AGENCY: Agricultural Marketing Service, regulations: avocados, dates (other than satisfaction survey, Form FV–660, to USDA. dates for processing), hazelnuts, gather specific information from ACTION: Notice and request for grapefruit, table grapes, kiwifruit, olives approximately 200 respondents comments. (other than Spanish-style olives), currently registered and utilizing the onions, oranges, Irish potatoes, dried MOLS. Information will be collected on SUMMARY: In accordance with the prunes (suspended), fresh prunes, a voluntary basis, and the respondents’ Paperwork Reduction Act of 1995 (44 raisins, tomatoes, and walnuts. identities will not be revealed in the U.S.C. Chapter 35), this notice However, imports of these commodities survey results. The survey will allow announces the Agricultural Marketing are exempt from such requirements if AMS to better serve the fruit, vegetable Service’s (AMS) intention to request they are imported for such outlets as and specialty crop importing and approval for an information collection processing, charity, animal feed, seed handling community. AMS is seeking for the AMS Survey of Marketing Order and distribution to relief agencies under OMB approval of the survey, under Online System (MOLS) Users, the the applicable marketing orders. OMB No. 0581–NEW. Upon approval, automated FV–6 form used by importers Safeguard procedures in the form of we request that the burden be merged and receivers for exempt imported importer and receiver reporting into OMB No. 0581–0167. fruits, vegetables and specialty crops. requirements ensure that the imported The information collected through DATES: Comments on this notice must be commodities are shipped to authorized this package will be used and analyzed received by November 9, 2009. exempt outlets. Reports required under by authorized representatives of USDA, ADDRESSES: Interested persons are the safeguard procedures are similar to including AMS’ Fruit and Vegetable invited to submit written comments the reports currently required by most Programs’ headquarters staff. The concerning this notice. Comments can domestic marketing orders. The survey, FV–660, would be distributed

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by e-mail to the respondents. FOR FURTHER INFORMATION CONTACT: or towns with a population not Respondents would return the survey by Michele L. Brooks, Director, Program exceeding 10,000 inhabitants. e-mail to the address on the survey Development and Regulatory Analysis, These grants can be made to construct form. USDA, Rural Utilities Service, 1400 or improve drinking water facilities Estimate of Burden: Public reporting Independence Ave., SW., STOP 1522, serving the most financially needy burden for this collection of information Room 5162 South Building, communities. This revision is is estimated to average .25 hours per Washington, DC 20250–1522. undertaken specifically to respond to response. Telephone: (202) 690–1078. Fax: (202) requirements of Section 6009 of the Respondents: Importers and receivers. 720–8435. E-mail: Farm Security and Rural Investment Act Estimated Number of Respondents: [email protected]. of 2002 (Pub. L. 107–171). (2002 Farm 200. SUPPLEMENTARY INFORMATION: The Office Bill). Estimated Number of Responses per of Management and Budget’s (OMB) Estimate of Burden: Public reporting Respondent: 1. regulation (5 CFR part 1320) burden for this collection of information Estimated Total Annual Burden on implementing provisions of the is estimated to average 1.6 hours per Respondents: 50 hours. Paperwork Reduction Act of 1995 (Pub. response. Comments are invited on: (1) Whether L. 104–13) requires that interested Respondents: Not-for-profit the proposed collection of information members of the public and affected institutions; State, local or Tribal is necessary for the proper performance agencies have an opportunity to Government. of the functions of the agency, including comment on information collection and Estimated Number of Respondents: whether the information will have recordkeeping activities (see 5 CFR 100. practical utility; (2) the accuracy of the 1320.8(d)). This notice identifies an Estimated Number of Responses per agency’s estimate of the burden of the information collection that RUS is Respondent: 2. proposed collection of information submitting to OMB for extension. Estimated Total Annual Burden on including the validity of the Comments are invited on: (a) Whether Respondents: 400 hours. methodology and assumptions used; (3) the proposed collection of information Copies of this information collection ways to enhance the quality, utility, and is necessary for the proper performance can be obtained from Gale Richardson, clarity of the information to be of the functions of the Agency, Program Development and Regulatory collected; and (4) ways to minimize the including whether the information will Analysis at (202) 720–0992. FAX: (202) burden of the collection of information have practical utility; (b) the accuracy of 720–8435. on those who are to respond, including the Agency’s estimate of the burden of All responses to this notice will be the use of appropriate automated, the proposed collection of information summarized and included in the request electronic, mechanical, or other including the validity of the for OMB approval. All comments will technological collection techniques or methodology and assumptions used; (c) also become a matter of public record. other forms of information technology. ways to enhance the quality, utility and Dated: September 2, 2009. All responses to this notice will be clarity of the information to be James R. Newby, summarized and included in the request collected; and (d) ways to minimize the Acting Administrator, Rural Utilities Service. for OMB approval. All comments burden of the collection of information [FR Doc. E9–21722 Filed 9–8–09; 8:45 am] received will become a matter of public on those who are to respond, including BILLING CODE P record. through the use of appropriate Dated: September 2, 2009. automated, electronic, mechanical, or Rayne Pegg, other technological collection DEPARTMENT OF AGRICULTURE techniques or other forms of information Administrator, Agricultural Marketing Service. technology. Comments may be sent to: Animal and Plant Health Inspection Michele L. Brooks, Director, Program Service [FR Doc. E9–21655 Filed 9–8–09; 8:45 am] Development and Regulatory Analysis, BILLING CODE 3410–02–P [Docket No. APHIS–2008–0015] USDA, Rural Utilities Service, STOP 1522, 1400 Independence Ave., SW., Citrus Greening and Asian Citrus DEPARTMENT OF AGRICULTURE Washington, DC 20250–1522. FAX: Psyllid; Availability of an (202) 720–8435. E-mail: Environmental Assessment Rural Utilities Service [email protected]. Title: Emergency and Imminent AGENCY: Animal and Plant Health Information Collection Activity; Community Water Assistance Grants. Inspection Service, USDA. Comment Request OMB Control Number: 0572–0110. ACTION: Notice of availability and Type of Request: Extension of a request for comments. AGENCY: Rural Utilities Service, USDA. currently approved collection. ACTION: Notice and request for Abstract: This action amends the SUMMARY: We are advising the public comments. existing regulation for the Emergency that an environmental assessment has Community Water Assistance Grant been prepared by the Animal and Plant SUMMARY: In accordance with the (ECWAG) Program to allow grants to be Health Inspection Service relative to a Paperwork Reduction Act of 1995 (44 made before an emergency has actually proposed control program for citrus U.S.C. Chapter 35, as amended), the occurred. The ECWAG program was greening disease and the Asian citrus Rural Utilities Service (RUS) invites authorized by the Rural Development psyllid. The environmental assessment comments on this information Act of 1972. The grants are made to documents our review and analysis of collection for which RUS intends to public bodies, nonprofit corporations, the potential environmental impacts request approval from the Office of and Indian Tribes for the purpose of associated with the implementation of Management and Budget (OMB). improving rural living standards and for this program. We are making this DATES: Comments on this notice must be other purposes that create safe and environmental assessment available to received by November 9, 2009. affordable drinking water in rural areas the public for review and comment.

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DATES: We will consider all comments 2005, and is only known to be present of Florida and Hawaii, the entire that we receive on or before November in the United States in the States of Territory of Guam, and the entire 9, 2009. Florida and Georgia, two parishes in Commonwealth of Puerto Rico for ACP. ADDRESSES: You may submit comments Louisiana, and two counties in South The November 2007 order also by either of the following methods: Carolina. contained treatments that could be • Federal eRulemaking Portal: Go to The bacterial pathogen causing citrus performed on ACP regulated articles to http://www.regulations.gov/fdmspublic/ greening can be transmitted by grafting, allow their movement from a component/ and under laboratory conditions, by quarantined area to areas of the United main?main=DocketDetail&d=APHIS- dodder. There also is some evidence States other than commercial citrus- 2008-0015 to submit or view comments that seed transmission may occur. The producing States. The order stated that, and to view supporting and related pathogen can also be transmitted by two prior to movement, host material (other materials available electronically. insect vectors in the family Psyllidae: than Bergera (Murraya) koenigii, or • Postal Mail/Commercial Delivery: Diaphorina citri Kuwayama, the Asian curryleaf) had to be treated using an Please send two copies of your comment citrus psyllid (ACP), and Trioza erytreae Environmental Protection Agency- to Docket No. APHIS–2008–0015, (del Guercio), the African citrus psyllid. approved product labeled for use in Regulatory Analysis and Development, ACP can also cause economic damage to nurseries. The articles had to PPD, APHIS, Station 3A–03.8, 4700 citrus in groves and nurseries by direct subsequently be treated with a drench River Road, Unit 118, Riverdale, MD feeding. Both adults and nymphs feed containing imidacloprid as the active 20737–1238. Please state that your on young foliage, depleting the sap and ingredient within 30 days prior to comment refers to Docket No. APHIS– causing galling or curling of leaves. movement and with a foliar spray with 2008–0015. High populations feeding on a citrus a product containing acetamiprid, Reading Room: You may read any shoot can kill the growing tip. ACP is chlorpyrifos, or fenpropathrin as the comments that we receive on this currently present in Alabama, active ingredient within 10 days prior to docket in our reading room. The reading California, Florida, Georgia, Guam, movement. Provided that it did not room is located in room 1141 of the Hawaii, Louisiana, Mississippi, Puerto originate from an area quarantined for USDA South Building, 14th Street and Rico, South Carolina, and Texas. Based citrus greening, curryleaf could be Independence Avenue, SW., on regular surveys of domestic moved interstate to any State following Washington, DC. Normal reading room commercial citrus-producing areas, the treatment with methyl bromide hours are 8 a.m. to 4:30 p.m., Monday African citrus psyllid is not present in according to the APHIS-approved through Friday, except holidays. To be the United States. treatment schedule MB T101-n-2, found sure someone is there to help you, The Animal and Plant Health in 7 CFR part 305. please call (202) 690–2817 before Inspection Service (APHIS) of the We accompanied this revised order coming. United States Department of Agriculture with a notice 3 published in the Federal Other Information: Additional (USDA) has undertaken measures to Register on November 2, 2007 (72 FR information about APHIS and its control the artificial spread of citrus 62204–62205; Docket No. APHIS–2007– programs is available on the Internet at greening to noninfested areas of the 0135), in which we announced to the http://www.aphis.usda.gov. United States since its introduction in public the availability of an 2005. On September 16, 2005, APHIS FOR FURTHER INFORMATION CONTACT: Mr. environmental assessment titled issued a Federal Order designating one Patrick Gomes, APHIS, PPQ, 920 Main ‘‘Movement of Regulated Articles from affected county in Florida as a Campus Drive, Suite 200, Raleigh, NC Citrus Greening and Asian Citrus quarantined area, and imposing 27606–5213; (919) 855–7313. Psyllid Quarantine Zones’’ (October restrictions on the interstate movement SUPPLEMENTARY INFORMATION: 2007). The assessment evaluated the all citrus greening and ACP host possible environmental impacts Background material from this area.1 associated with implementation of the In January 2006, we issued an Citrus greening, also known as revised Federal Order, and, in environmental assessment titled ‘‘Citrus particular, the treatment schedules huanglongbing disease of citrus, is Greening Control Program in Florida considered to be one of the most serious specified within it. Nurseries’’ (January 2006).2 This Since issuance of these documents, citrus diseases in the world. Citrus document assessed the environmental greening is a bacterial disease caused by we have issued six additional Federal impacts associated with the use of the Orders to designate new areas as strains of the bacterial pathogen pesticide treatments acetamiprid, ‘‘Candidatus Liberibacter asiaticus’’ that quarantined areas for citrus greening or chlorpyrifos, fenpropathrin, ACP. In these orders, we have added attacks the vascular system of host imidacloprid, kaolin, and a cyfluthrin/ plants. The bacteria are phloem-limited, irradiation treatment at 400 gray as an imidacloprid mixture as part of a approved treatment for ACP host inhabiting the food-conducting tissue of disease control program for citrus the host plant, and causes yellow articles, provided that the articles do not greening and ACP. originate from an area that is shoots, blotchy mottling and chlorosis, On November 2, 2007, we issued a reduced foliage, and tip dieback of quarantined for citrus greening. The revised order that designated additional latest Federal Order was issued on July citrus plants. Citrus greening greatly counties in Florida as areas quarantined reduces production, destroys the 29, 2009. for citrus greening, and that quarantined Concurrent with the issuance of these economic value of the fruit, and can kill 32 counties in Texas, the entire States trees. Once a tree is infected with citrus Federal Orders, we have also received requests from citrus industry greening, there is no cure for the 1 To view the September 2005 Federal Order or representatives and State plant health disease. In areas of the world where any other Federal order referenced in this citrus greening is endemic, citrus trees document, go to http://www.aphis.usda.gov/ officials in several States with decline and die within a few years and plant_health/plant_pest_info/citrus_greening/ regs.shtml. 3 To view the notice and the environmental may never produce usable fruit. Citrus 2 To view the 2006 environmental assessment, go assessment, go to http://www.regulations.gov/ greening was first detected in the United to http://www.aphis.usda.gov/plant_health/ea/ fdmspublic/component/ States in Miami-Dade County, FL, in downloads/citrusgreening1-06ea.pdf. main?main=DocketDetail&d=APHIS-2007-0135.

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commercial citrus production to DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Section examine the efficacy of in-ground 2119 (7 U.S.C. 6518) of the Organic granular applications containing Agricultural Marketing Service Foods Production Act of 1990 (OFPA), dinotefuran and foliar sprays containing as amended (7 U.S.C. 6501 et seq.) bifenthrin, deltamethrin, dinotefuran, or [Doc. No. AMS–TM–09–0060; TM–09–07] requires the establishment of the NOSB. a mixture of imidacloprid and The purpose of the NOSB is to make cyfluthrin as pesticide treatments for Notice of Meeting of the National recommendations about whether a ACP. We have found them to be Organic Standards Board substance should be allowed or effective in treating regulated nursery prohibited in organic production or AGENCY: stock for ACP. Agricultural Marketing Service, handling, to assist in the development Accordingly, we have completed an USDA. of standards for substances to be used in assessment of the environmental ACTION: Notice. organic production, and to advise the impacts anticipated from a control Secretary on other aspects of the program that would incorporate the SUMMARY: In accordance with the implementation of the OFPA. The provisions of the latest Federal order, Federal Advisory Committee Act, as NOSB met for the first time in the use of these new granular amended, the Agricultural Marketing Washington, DC, in March 1992, and applications and foliar sprays as Service (AMS) is announcing a currently has six subcommittees treatments for ACP, and additional forthcoming meeting of the National working on various aspects of the measures that are currently not included Organic Standards Board (NOSB). organic program. The committees are: in the July 29, 2009 Federal Order but DATES: The meeting dates are Tuesday, Compliance, Accreditation, and that we consider necessary to prevent November 3, 2009, 9 a.m. to 5 p.m.; Certification; Crops; Handling; the spread of citrus greening and ACP Wednesday, November 4, 2009, 8 a.m. Livestock; Materials; and Policy to currently unaffected areas of the to 5 p.m.; and Thursday, November 5, Development. United States. 2009, 8 a.m. to 5 p.m. Requests from In August of 1994, the NOSB APHIS’ review and analysis of these individuals and organizations wishing provided its initial recommendations for potential environmental impacts are to make oral presentations at the the NOP to the Secretary of Agriculture. documented in detail in an meeting are due by the close of business Since that time, the NOSB has environmental assessment titled on October 19, 2009. submitted 170 addenda to its ‘‘Quarantine and Interstate Movement of ADDRESSES: The meeting will take place recommendations and reviewed more Citrus Greening and Asian Citrus at the Washington Plaza Hotel, 10 than 353 substances for inclusion on the Psyllid’’ (July 2009). We are making this Thomas Circle, NW., Washington, DC National List of Allowed and Prohibited assessment available to the public for 20005. Substances. The Department of review and comment. We will consider • Requests for copies of the NOSB Agriculture (USDA) published its final all comments that we receive on or meeting agenda, may be sent to Ms. National Organic Program regulation in before the date listed under the heading Valerie Frances, Executive Director, the Federal Register on December 21, DATES at the beginning of this notice. NOSB, USDA–AMS–TMP–NOP, 1400 2000, (65 FR 80548). The rule became The environmental assessment may Independence Ave., SW., Room 4004– effective April 21, 2001. In addition, the OFPA authorizes the be viewed on the Regulations.gov Web So., Ag Stop 0268, Washington, DC National List of Allowed and Prohibited site or in our reading room (see 20250–0268. The NOSB meeting agenda Substances and provides that no ADDRESSES above for instructions for and proposed recommendations may allowed or prohibited substance would accessing the document on also be viewed at http:// remain on the National List for a period Regulations.gov and information on the www.ams.usda.gov/nop. exceeding five years unless the location and hours of the reading room). • Comments on proposed NOSB exemption or prohibition is reviewed You may request paper copies of the recommendations may be submitted by and recommended for renewal by the environmental assessment by calling or the close of business of October 19, NOSB and adopted by the Secretary of writing to the person listed under FOR 2009, in writing to Ms. Valerie Frances Agriculture. This expiration is FURTHER INFORMATION CONTACT. Please at either the postal address above or via commonly referred to as sunset of the refer to title of the assessment when the Internet at http:// National List. The National List appears requesting copies. www.regulations.gov only. The at 7 CFR part 205, subpart G. The environmental assessment has comments should identify Docket No. been prepared in accordance with: (1) The principal purposes of the NOSB AMS–TM–09–0060. It is our intention meeting are to provide an opportunity The National Environmental Policy Act to have all comments to this notice of 1969 (NEPA), as amended (42 U.S.C. for the NOSB to receive an update from whether they are submitted by mail or the USDA/NOP and hear progress 4321 et seq.), (2) regulations of the the Internet available for viewing on the Council on Environmental Quality for reports from NOSB committees http://www.regulations.gov Web site. regarding work plan items and proposed implementing the procedural provisions • Requests to make an oral of NEPA (40 CFR parts 1500–1508), (3) action items. The last NOSB meeting presentation at the meeting may also be was held on May 4–6, 2009, in USDA regulations implementing NEPA sent by October 19, 2009, to Ms. Valerie (7 CFR part 1b), and (4) APHIS’ NEPA Washington, DC. Frances at the postal address above, by At its last meeting, the Board Implementing Procedures (7 CFR part e-mail at [email protected], 372). recommended the addition of three via facsimile at (202) 205–7808, or materials with one on the National List Done in Washington, DC, this 2nd day of phone at (202) 720–3252. § 205.601 for use in crops, one on September 2009. FOR FURTHER INFORMATION CONTACT: § 205.603 for use in livestock and with Kevin Shea, Valerie Frances, Executive Director, one on § 205.606 for use in handling. Acting Administrator, Animal and Plant NOSB, National Organic Program At this meeting, the NOSB will Health Inspection Service. (NOP), (202) 720–3252, or visit the NOP conclude its review of 11 of the 12 [FR Doc. E9–21669 Filed 9–8–09; 8:45 am] Web site at: http://www.ams.usda.gov/ materials scheduled to expire after BILLING CODE 3410–34–P nop. September 12, 2011. There are two

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synthetic substances: Hydrogen chloride and limitations, currently allowed for allowed on § 205.603 for use in organic (CAS # 7647–01–0) and Ferric use in organic crop production, that will livestock production. phosphate (CAS # 10045–86–0), no longer be allowed for use after The Livestock Committee will also currently allowed for use in organic September 12, 2011. present their recommendations to the crop production, that will no longer be The Crops Committee will begin their NOP in regards to the development of allowed for use after September 12, review pertaining to the continued more specific standards for the 2011. There are ten materials: Egg white exemption (use) the following synthetic improvement of animal welfare under lysozyme (CAS # 9001–63–2), L–Malic substances allowed for use in on organic management and for the acid (CAS # 97–67–6), Microorganisms, § 205.601 that are scheduled to expire development of organic aquaculture Activated charcoal (CAS #s 7440–44–0; after October 7, 2012 from use in standards for bivalves. 64365–11–3), Cyclohexylamine (CAS # organic crop production: Ethanol; The Livestock Committee will begin 108–91–8), Diethylaminoethanol (CAS # Isopropanol; Calcium hypochlorite; their review pertaining to the continued 100–37–8), Octadecylamine (CAS # Chlorine dioxide; Sodium hypochlorite; exemption (use) of the following 124–30–1), Peracetic acid/Peroxyacetic Hydrogen peroxide; Soap-based synthetic substances allowed for use in acid (CAS # 79–21–0), Sodium acid algicide/demossers; Herbicides, soap- organic livestock production on pyrophosphate (CAS # 7758–16–9), and based; Newspaper or other recycled § 205.603 that are scheduled to expire Tetrasodium pyrophosphate (CAS # paper, without glossy or colored inks; after October 7, 2012: Ethanol; 7722–88–5), currently allowed for use in Plastic mulch and covers; Newspapers Isopropanol; Aspirin; Vaccines; organic handling, that will no longer be or other recycled paper, without glossy Chlorhexidine; Calcium hypochlorite. allowed for use after September 12, or colored inks; Soaps, ammonium; Chlorine dioxide; Sodium hypochlorite; 2011. The sunset review process must Ammonium carbonate; Boric acid; Electrolytes; Glucose; Glycerine; be concluded no later than September Elemental sulfur (3 uses); Lime sulfur; Hydrogen peroxide; Iodine; Magnesium 12, 2011. If renewal is not concluded by Oils, horticultural-narrow range oils as sulfate; Oxytocin; Ivermectin; those dates, the use of these 12 materials dormant, suffocating, and summer oils Phosphoric acid; Copper sulfate; Iodine; will no longer be in compliance with (2 uses); Soaps, insecticidal; Sticky Lidocaine; Lime, hydrated; Mineral oil; the NOP. traps/barriers; Pheromones; Sulfur Procaine; Trace minerals; Vitamins; EPA The NOSB will also begin its review dioxide; Vitamin D3; Copper hydroxide; List 4–Inerts of Minimal Concern. pertaining to the continued exemption Copper oxide; Copper oxychloride; The Livestock Committee will also (use) of 37 agricultural products not Copper sulfate (2 uses); Hydrated lime; begin their review pertaining to the commercially available as organic that Hydrogen peroxide; Lime sulfur; continued prohibition of the following are scheduled to expire after June 27, Potassium bicarbonate; Streptomycin; synthetic substance on § 205.604 which 2012. These products are allowed for Tetracycline (oxytetracycline calcium is scheduled to expire and be allowed use in organic handling in or on complex); Aquatic plant extracts (other for use after October 7, 2012 in organic processed products based on final than hydrolyzed); Humic acids; Lignin livestock production: Strychnine. commercial availability determinations sulfonate; Magnesium sulfate; Soluble by accredited certifying agents. The The Materials and Handling boron products; Sulfates, carbonates, NOSB will also begin its review Committees will jointly present their oxides, or silicates of zinc, copper, iron, pertaining to the continued exemption recommendations to the NOP to clarify manganese, molybdenum, selenium, (use) and prohibition of 166 substance the definitions of the National List. and cobalt; Liquid fish products; listings used in organic production and The Handling Committee will Vitamin B ; Vitamin C; Vitamin E; handling scheduled to expire after 1 conclude their review on the continued Ethylene gas; Lignin sulfonate; Sodium October 7, 2012. use of the material exemptions for ten At this meeting, the Policy silicate; and EPA List 4–Inerts of materials: Egg White Lysozyme (CAS # Development Committee will present Minimal Concern. 9001–63–2), L-Malic acid (CAS # 97– recommendations regarding revisions to The Crops Committee will begin their 67–6), Microorganisms, Activated the NOSB Policy and Procedures review pertaining to the continued charcoal (CAS #s 7440–44–0; 64365–11– Manual. prohibition of the following synthetic 3), Cyclohexylamine (CAS # 108–91–8), The Compliance, Accreditation, and substances on § 205.602 which are Diethylaminoethanol (CAS # 100–37–8), Certification Committee will present scheduled to expire and be allowed for Octadecylamine (CAS # 124–30–1), their recommendation to the NOP for use after October 7, 2012 in organic crop Peracetic acid/Peroxyacetic acid (CAS # use as guidance for retailers, accredited production: Ash from manure burning; 79–21–0), Sodium acid pyrophosphate certifying agents, and the NOP on the Arsenic; Lead salts; Potassium chloride; (CAS # 7758–16–9), and Tetrasodium allowance and use of voluntary retail Sodium fluoaluminate (mined); Sodium pyrophosphate (CAS # 7722–88–5), with certification, and their recommendation nitrate; Strychnine; and Tobacco dust their respective annotations and for rule change on the regulation of (nicotine sulfate). limitations currently allowed for use in personal body care products under the The Materials Committee will present organic handling on § 205.605, that will NOP. its recommendation to the NOP for rule no longer be allowed for use after The Crops Committee will present change on various definitions and the September 12, 2011. recommendations on the materials use of nanotechnology in organic The Handling Committee will begin peracetic acid and manganese sulfate standards. their review pertaining to the continued monohydrate petitioned for use in crops The Livestock Committee will present exemption (use) of the nonorganically on § 205.601. their recommendations on the material produced agricultural products allowed The Crops Committee will conclude Eprinomectin petitioned for use in as ingredients in or on processed their review on the continued use of the livestock production on § 205.603. products labeled as ‘‘organic’’ on material exemptions for Hydrogen The Livestock Committee will present § 205.606 depending on final chloride (CAS # 7647–01–0) and will its recommendations on technical commercial availability determinations continue their review on the continued corrections to the annotations for the performed by accredited certifying use of Ferric phosphate (CAS # 10045– materials: Vaccines, Excipients, agents scheduled to expire after June 27, 86–0), with their respective annotations Chlorhexidine, and Xylazine currently 2012.

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The following are allowed as color (Undaria pinnatifida) (no CAS #); and carob bean); Kelp; Lecithin-unbleached; ingredients from agricultural products: Whey protein concentrate (no CAS #). and Pectin (high-methoxy). Annatto extract color (pigment CAS # The Handling Committee will begin The Meeting is Open to the Public. 1393–63–1)—water and oil soluble; Beet their review pertaining to the continued The NOSB has scheduled time for juice extract color (pigment CAS # exemption (use) of the following public input for Tuesday, November 3, 7659–95–2); Beta-Carotene extract color nonagricultural (nonorganic) substances 2009, from 10:45 a.m. to 5 p.m. and from carrots (CAS # 1393–63–1); Black allowed as ingredients in or on Wednesday, November 4, 2009, from currant juice color (pigment CAS #’s: processed products labeled as ‘‘organic’’ 3:30 p.m. to 5 p.m. Individuals and 528–58–5, 528–53–0, 643–84–5, 134– or ‘‘made with organic (specified organizations wishing to make oral 01–0, 1429–30–7, and 134–04–3); Black/ ingredients or food groups(s)) currently presentations at the meeting may Purple carrot juice color (pigment CAS scheduled for expiration after October 7, forward their requests by mail, #’s: 528–58–5, 528–53–0, 643–84–5, 2012 from § 205.605 as (a) facsimile, e-mail, or phone to Ms. 134–01–0, 1429–30–7, and 134–04–3); Nonsynthetics allowed: Acids (Alginic; Valerie Frances as listed in ADDRESSES Blueberry juice color (pigment CAS #’s: Citric; and Lactic); Bentonite; Calcium above. Individuals or organizations will 528–58–5, 528–53–0, 643–84–5, 134– carbonate; Calcium chloride; be given approximately five minutes to 01–0, 1429–30–7, and 134–04–3); Carrot Carageenan; Dairy cultures; present their views. All persons making juice color (pigment CAS # 1393–63–1); Diatomaceous earth; Enzymes; Flavors; oral presentations are requested to Cherry juice color (pigment CAS #’s: Kaolin; Magnesium sulfate; Nitrogen; provide their comments in writing. 528–58–5, 528–53–0, 643–84–5, 134– Oxygen; Perlite; Potassium chloride; Written submissions may contain 01–0, 1429–30–7, and 134–04–3); Potassium iodide; Sodium bicarbonate; information other than that presented at Chokeberry—Aronia juice color Sodium carbonate; Waxes; Yeast the oral presentation. Anyone may (pigment CAS #’s: 528–58–5, 528–53–0, (Autolysate; Bakers; Brewers; submit written comments at the 643–84–5, 134–01–0, 1429–30–7, and Nutritional; and Smoked). meeting. Persons submitting written 134–04–3); Elderberry juice color The Handling Committee will begin comments are asked to provide 30 (pigment CAS #’s: 528–58–5, 528–53–0, their review pertaining to the continued copies. Interested persons may visit the 643–84–5, 134–01–0, 1429–30–7, and exemption (use) of the following NOSB portion of the NOP Web site at 134–04–3); Grape juice color (pigment nonagricultural (nonorganic) substances CAS #’s: 528–58–5, 528–53–0, 643–84– http://www.ams.usda.gov/nop to view allowed as ingredients in or on available meeting documents prior to 5, 134–01–0, 1429–30–7, and 134–04– processed products labeled as ‘‘organic’’ 3); Grape skin extract color (pigment the meeting, or visit http:// or ‘‘made with organic (specified www.regulations.gov to submit and view CAS #’s: 528–58–5, 528–53–0, 643–84– ingredients or food groups(s)) currently comments as provided for in ADDRESSES 5, 134–01–0, 1429–30–7, and 134–04– scheduled for expiration after October 7, 3); Paprika color—dried powder and above. Documents presented at the 2012 listed on § 205.605 as (b) meeting will be posted for review on the vegetable oil extract (CAS # 68917–78– Synthetics allowed: Alginates; 2); Pumpkin juice color (pigment CAS # NOP Web site approximately six weeks Ammonium bicarbonate; Ammonium following the meeting. 127–40–2); Purple potato juice color carbonate; Ascorbic acid; Calcium (pigment CAS #’s: 528–58–5, 528–53–0, citrate; Calcium hydroxide; Calcium Dated: August 28, 2009. 643–84–5, 134–01–0, 1429–30–7, and phosphates (monobasic, dibasic, and Rayne Pegg, 134–04–3); Red cabbage extract color tribasic); Carbon dioxide; Chlorine Administrator, Agricultural Marketing (pigment CAS #’s: 528–58–5, 528–53–0, materials (Calcium hypochlorite; Service. 643–84–5, 134–01–0, 1429–30–7, and Chlorine dioxide; and Sodium [FR Doc. E9–21610 Filed 9–8–09; 8:45 am] 134–04–3); Red radish extract color hypochlorite); Ethylene; Ferrous sulfate; BILLING CODE 3410–02–P (pigment CAS #’s: 528–58–5, 528–53–0, Glycerides (mono and di) Glycerin; 643–84–5, 134–01–0, 1429–30–7, and Hydrogen peroxide; Lecithin—bleached; 134–04–3); Saffron extract color Magnesium carbonate; Magnesium AGENCY FOR INTERNATIONAL (pigment CAS # 1393–63–1), and chloride; Magnesium stearate; Nutrient DEVELOPMENT Turmeric extract color (CAS # 458–37– vitamins and minerals; Ozone; Pectin 7). (low-methoxy); Phosphoric acid; National Environmental Policy Act: The following are allowed as Potassium acid tartrate; Potassium Categorical Exclusions for Certain ingredients or processing aids from carbonate; Potassium citrate; Potassium Internal, Domestic USAID Activities agricultural products: Casings, from hydroxide; Potassium iodide; Potassium Funded From the USAID Operating processed intestines (no CAS #); Celery phosphate; Silicon dioxide; Sodium Expense Account powder (No CAS #); Chia (Salvia citrate; Sodium hydroxide; Sodium AGENCY: United States Agency for hispanica L.) (no CAS #); Dillweed oil phosphates; Sulfur dioxide; International Development. Tocopherols; and Xanthan gum. (CAS # 8006–75–5); Fish oil (Fatty acid ACTION: Directive of Final Action and CAS #’s: 10417–94–4, and 25167–62–8); The Handling Committee will begin Request for Comments. Fructooligosaccharides (CAS # 308066– their review pertaining to the continued 66–2); Galangal, frozen (no CAS #); exemption (use) of the nonorganically SUMMARY: The United States Agency for Gelatin (CAS # 9000–70–8); Hops produced agricultural products allowed International Development (USAID) (Humulus lupulus) (no CAS #); Inulin, as ingredients in or on processed hereby establishes Categorical oligofructose enriched (CAS # 9005–80– products labeled as ‘‘organic’’ on Exclusions (CEs) under the National 5); Konjac flour (CAS # 37220–17–0); § 205.606 depending on final Environmental Policy Act (NEPA) for Lemongrass, frozen (no CAS #); Orange commercial availability determinations certain types of activities that focus on shellac, unbleached (CAS # 9000–59–3); performed by accredited certifying internal, domestic USAID Operating Pepper, chipotle chile (no CAS #); agents that are scheduled to expire after Expense (OE) account-funded activities Sweet potato starch, for bean thread October 7, 2012. They are as follows: such as routine internal administrative production only (no CAS #); Turkish Cornstarch (native); Gums-water actions, routine maintenance of bay leaves (no CAS #); Wakame seaweed extracted only (arabic, guar, locust bean, domestic facilities, and procurement

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and deployment of information USAID has to date ensured the implications to warrant preparation of a technology software and systems in environmental soundness of its internal Federalism Assessment. existing facilities. The Directive CEs administrative management operations Executive Order 12988 will better ensure USAID (OE-funded activities) by directly implementation of NEPA by providing applying the Presidential Executive This Directive meets the applicable for the efficient and timely Orders on Greening the Government. standards set forth in section 3(a) and environmental review of routine USAID will continue to follow these 3(b)(2) of Executive Order 12988. internal administrative operations at Executive Orders (including Executive USAID facilities. Order 13423 and related Executive Regulatory Flexibility Act Orders) when applying CEs for certain DATES: Submit comments on or before USAID’s Regulatory Policy Officer, in activities under this directive. These October 9, 2009. accordance with the Regulatory include maintaining existing USAID Effective Date: This Directive is Flexibility Act (5 U.S.C. 605(b)), has facilities and procuring, maintaining, effective immediately upon publication. reviewed this Directive and approved it. and disposing of computer equipment. All comments will be reviewed and Because this Directive only affects the This Directive establishes NEPA- considered to determine whether there internal procedures of the USAID, it compliant CEs for USAID’s domestic, is a need for potential amendment to the will not have a significant economic internal OE-funded activities. CEs. impact on a substantial number of small USAID intends to publish a proposed ADDRESSES: United States Agency for entities. NEPA regulation on all of its OE-funded International Development, Ronald actions later this year, and the CEs in Unfunded Mandates Reform Act of 1995 Reagan Building, 1300 Pennsylvania this Directive will, subject to Avenue, Washington, DC 20523. consideration of public comments, be This Directive will not result in an FOR FURTHER INFORMATION CONTACT: included or otherwise incorporated in expenditure of $100,000,000 or more in George Higginbotham, M/MPBP/POL that proposed USAID NEPA regulation. any one year by State, local, and tribal Rm. 6.8–104, United States Agency for USAID will publish the CEs included governments, in the aggregate, or by the International Development, Ronald in this Directive on the USAID Web site, private sector, nor will it significantly or Reagan Building, 1300 Pennsylvania which is available to the public. uniquely affect small governments. Avenue, Washington, DC 20523, Neither this action nor the proposed Therefore, no actions are deemed [email protected]. follow-on NEPA regulation to be necessary under the provisions of the Unfunded Mandates Reform Act of SUPPLEMENTARY INFORMATION: Consistent developed for USAID’s OE-funded 1995. with the Council on Environmental activities affects or changes in any way Quality (CEQ) Regulations for USAID’s current environmental impact Small Business Regulatory Enforcement Implementing the Procedural Provisions assessment procedures (22 CFR 216) Fairness Act of 1996 of the National Environmental Policy that apply to all program activities Act, this Directive establishes CEs for funded by appropriations provided This Directive is not a major rule as certain routine internal, domestic through the Agency’s program accounts. defined in section 804 of the Small Business Regulatory Enforcement administrative and operational activities Regulatory Certifications of USAID organizations and offices Fairness Act of 1996. This Directive will funded from the OE account. These Executive Order 12866 not result in an annual effect on the selected types of OE-funded activities This Directive has been drafted and economy of $100,000,000 or more, a were reviewed and determined to be reviewed in accordance with Executive major increase in costs or prices, categories of actions that do not have Order 12866, ‘‘Regulatory Planning and significant adverse effects on individual or cumulative significant Review.’’ The Office of Management and competition, employment, investment, effects on the human or natural Budget has determined that this productivity, innovation, or on the environment, and therefore are the Directive is not a ‘‘significant regulatory ability of United States-based appropriate subject of a Categorical action’’ under Executive Order 12866; companies to compete with foreign- Exclusion under NEPA. The activities and accordingly, this Directive has not based companies in domestic and addressed in this Directive are routine been reviewed by the Office of export markets. internal administrative actions, routine Management and Budget. This Directive Environmental Impact maintenance of domestic USAID affects USAID internal procedures. facilities, and procurement and Whatever costs that may result from this This Directive supplements CEQ deployment of information technology Directive should be outweighed by the regulations and provides guidance to software and systems in existing USAID reduction in delay and excessive USAID employees regarding procedural facilities. The activities addressed in paperwork from these procedures. requirements for certain OE-funded this Directive maintain the daily activities that do not individually or internal administrative functions of Executive Order 13121 cumulatively have a significant effect on USAID and do not have the potential for This Directive only affects certain the human environment. CEQ does not significant environmental effects. The internal administrative procedures and direct agencies to prepare a NEPA Directive provides for the required actions of USAID as described in this analysis or document before review to determine whether there are Directive that will not have substantial establishing agency procedures that extraordinary circumstances that may direct effects on the States, relationships supplement the CEQ regulations for trigger a requirement for either an between the national government and implementing NEPA. Agency NEPA Environmental Assessment (EA) or the States, or the distribution of power procedures are procedural guidance to Environmental Impact Statement (EIS), and responsibilities among the various assist agencies in the fulfillment of and, in the absence of such levels of government. Therefore, in agency responsibilities under NEPA. extraordinary circumstances, provides accordance with Executive Order 13132, The requirements for establishing for the activity to proceed without it is determined that this Directive will agency NEPA procedures are set forth at preparation of an EA or EIS. not have sufficient federalism 40 CFR 1505.1 and 1507.3

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For the reasons set out in the include office supplies and utilities, and g. The proposed action is known or preamble, USAID establishes the equipment such as furniture, and expected to cause significant adverse air following Directive: information technology software and quality effects. systems. To qualify for this Categorical h. The proposed action is known or Categorical Exclusions for Domestic Exclusion, all such acquisition actions expected to have a significant effect on Internal Operational Activities shall comply with the Presidential the pattern and type of land use Purpose: Establish National Executive Orders on Greening the (industrial, commercial, agricultural, Environmental Policy Act (NEPA)- Government. This includes E.O. 13423 recreational, residential) or growth and compliant Categorical Exclusions for and related Executive Orders. distribution of population including certain United States Agency for d. Minor or small-scale construction altering the character of existing International Development (USAID) of ancillary facilities on previously residential areas, or may not be domestic internal operational activities. disturbed areas adjacent to or on the consistent with state or local Policy: Consistent with the Council on same property as the existing facility government, or federally-recognized Environmental Quality (CEQ) and compatible with current land use. Indian tribe approved land use plans or Regulations for Implementing the To qualify for this Categorical federal land management plans. Procedural Provisions of NEPA (40 CFR Exclusion, all such acquisition actions Applicability: This Directive applies parts 1500–1508) (CEQ NEPA shall comply with the Presidential to USAID domestic internal operational regulations), USAID establishes the and administrative activities, including Executive Orders on Greening the following Categorical Exclusions for USAID ARRA-funded actions to develop Government. This includes E.O. 13423 certain categories of internal, domestic and implement its new computer based and related Executive Orders. USAID Operating Expense (OE) acquisition and assistance system to account-funded activities that address e. Awarding of contracts for technical manage contracting and granting routine internal administrative and support services, information activities. The Directive is effective operational activities. A proposed action technology services, and services for immediately upon publication, and may be categorically excluded if the ongoing management and operation of USAID will consider comments action fits within a category that is government facilities. To qualify for this submitted on this Directive when eligible for exclusion and the proposed Categorical Exclusion, all such actions developing its proposed NEPA action does not involve any shall comply with the Presidential regulation for Operating Expense- extraordinary circumstances. Executive Orders on Greening the funded activities. The categories of activities eligible for Government. This includes E.O. 13423 Responsibilities: The USAID Agency Categorical Exclusions are: and related Executive Orders. Environmental Coordinator (AEC) is a. Internal personnel, fiscal, It has been determined that the responsible for NEPA policy, guidance management, and administrative following extraordinary circumstances and oversight relating to this Directive. activities, such as recruiting, processing, that would prevent the use of a The AEC will receive advice and paying, recordkeeping, resource Categorical Exclusion and require either guidance from the Office of General management, budgeting, personnel an Environmental Assessment or Counsel as to NEPA implementation actions, official travel, and reductions, Environmental Impact Statement: and compliance with this Directive. increases, realignments, or relocation of a. The proposed action is known or USAID’s Chief Information Officer (CIO) personnel that do not exceed the expected to significantly affect public is responsible for reporting to CEQ and infrastructure capacity or change the use health, safety, or the environment. OMB on the status of ARRA funded of USAID occupied office space. An b. The proposed action is known or activities. example of a substantial change in use expected to impose uncertain or unique George Higginbotham, of the supporting infrastructure would environmental risks. be an increase in vehicular traffic M/MPBP/POL. c. The proposed action is of greater [FR Doc. E9–21740 Filed 9–8–09; 8:45 am] beyond the capacity of the supporting scope or size than is normal for this BILLING CODE 6116–01–P road network to accommodate such an category of action. increase; or generating a new stream of toxic or hazardous waste that needs to d. The proposed action is known or be properly disposed of. expected to significantly affect federally DEPARTMENT OF COMMERCE b. Actions at USAID owned or listed threatened or endangered species operated facilities involving routine or their critical habitat. Bureau of Industry and Security facility maintenance, repair, and e. The proposed action is known or grounds-keeping; minor rehabilitation, expected to significantly affect national Action Affecting Export Privileges; restoration, renovation, or revitalization natural landmarks or any property with Andrew Ward Freyer nationally significant historic, of existing facilities; and replacement, In the Matter of: Andrew Ward Freyer, acquisition, and installation of architectural, prehistoric, archeological, 54325 Oak Hill, La Quinta, CA 92253. information technology and similar or cultural value, including but not office equipment. To qualify for this limited to, property listed on or eligible Order Denying Export Privileges Categorical Exclusion, all such for the National Register of Historic On December 17, 2007, in the U.S. acquisition actions shall comply with Places. District Court of Central District of the Presidential Executive Orders on f. The proposed action is known or California, Freyer was convicted of five Greening the Government. This includes expected to significantly affect counts of violating the International E.O. 13423 and related Executive environmentally important natural Emergency Economic Powers Act (50 Orders. resource areas such as parks, forests, U.S.C. 1701–1706 (2000) (‘‘IEEPA’’) and c. Acquisition actions (compliant with wetlands, floodplains, significant one count of conspiracy (18 U.S.C. 371 applicable procedures for sustainable or agricultural lands, aquifer recharge (2000)), involving exporting, ‘‘green’’ procurement) and contracting zones, coastal zones, coral reefs, barrier reexporting, selling and supplying actions necessary to support the normal islands, wild and scenic rivers, and valves from the United States to Iran, conduct of USAID business. Examples significant fish or wildlife habitat. through Australia without first

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obtaining the required authorization period often years from the date of has been or will be exported from the from the U.S. Department of Treasury, Freyer’s conviction. United States and which is owned, Office of Foreign Assets Controls. Freyer Accordingly, it is hereby Ordered possessed or controlled by the Denied was sentenced to be imprisoned for 17 I. Until December 17, 2017, Andrew Person, or service any item, of whatever months and upon release from Ward Freyer with an address at: 54325 origin, that is owned, possessed or imprisonment be placed on probation Oak I–Jill, La Quinta, CA, 92253, and controlled by the Denied Person if such for 2 years. In addition Freyer was fined when acting for or on behalf of Freyer, service involves the use of any item $10,000.00. He was released from prison his representatives, assigns, agents, or subject to the Regulations that has been on April 21, 2009. employees, (collectively referred to or will be exported from the United Section 766.25 of the Export hereinafter as the ‘‘Denied Person’’) may States. For purposes of this paragraph, Administration Regulations (‘‘EAR’’ or not, directly or indirectly, participate in servicing means installation, ‘‘Regulations’’) 1 provides, in pertinent any way in any transaction involving maintenance, repair, modification or part, that ‘‘[t]he Director of the Office of any commodity, software or technology testing. Exporter Services, in consultation with (hereinafter collectively referred to as III. After notice and opportunity for the Director of the Office of Export ‘‘item’’) exported or to be exported from comment as provided in Section 766.23 Enforcement, may deny the export the United States that is subject to the of the Regulations, any other person, privileges of any person who has been Regulations, or in any other activity firm, corporation, or business convicted of a violation of the [Export subject to the Regulations, including, organization related to Andrew Freyer Administration Act (‘‘EAA’’)], the EAR, but not limited to: by affiliation, ownership, control, or or any order, license or authorization A. Applying for, obtaining, or using position of responsibility in the conduct issued thereunder; any regulation, any license, License Exception, or of trade or related services may also be license, or order issued under the export control document; made subject to the provisions of this International Emergency Economic B. Carrying on negotiations Order if necessary to prevent evasion of Powers Act (50 U.S.C. 1701–1706); 18 concerning, or ordering, buying, the Order. U.S.C. 793, 794 or 798; section 4(b) of receiving, using, selling, delivering, IV. This Order does not prohibit any the Internal Security Act of 1950 (50 storing, disposing of, forwarding, export, reexport, or other transaction U.S.C. 783(b)), or section 38 of the Arms transporting, financing, or otherwise subject to the Regulations where the Export control Act (22 U.S.C. 2778).’’ 15 servicing in any way, any transaction only items involved that are subject to CFR 766.25(a); see also Section 11(h) of involving any item exported or to be the Regulations are the foreign produced the EAA, 50 U.S.C. app. § 24 10(h). The exported from the United States that is direct product of U.S.-origin technology. denial of export privileges under this subject to the Regulations, or in any V. This Order is effective immediately provision may be for a period of up to other activity subject to the Regulations; and shall remain in effect until 10 years from the date of the conviction. or December 17, 2017. 15 CFR 766.25(d); see also 50 U.S.C. C. Benefitting in any way from any VI. In accordance with Part 756 of the app. § 24 10(h). In addition, Section transaction involving any item exported Regulations, Freyer may file an appeal 750.8 of the Regulations states that the or to be exported from the United States of this Order with the Under Secretary Bureau of Industry and Security’s Office that is subject to the Regulations, or in of Commerce for Industry and Security. of Exporter Services may revoke any any other activity subject to the The appeal must be filed within 45 days Bureau of Industry and Security (‘‘BIS’’) Regulations. from the date of this Order and must licenses previously issued in which the II. No person may, directly or comply with the provisions of Part 756 person had an interest in at the time of indirectly, do any of the following: of the Regulations. his conviction. A. Export or reexport to or on behalf VII. A copy of this Order shall be I have received notice of Freyer’s of the Denied Person any item subject to delivered to Freyer. This Order shall be conviction for violating the IEEPA, and the Regulations; published in the Federal Register. B. Take any action that facilitates the have provided notice and an Issued this 1st day of September 2009. opportunity for Freyer to make a written acquisition or attempted acquisition by the Denied Person of the ownership, Bernard Kritzer, submission to BIS, as provided in Director, Office of Exporter Services. Section 766.25 of the Regulations. I have possession, or control of any item [FR Doc. E9–21633 Filed 9–8–09; 8:45 am] received a submission from Freyer. subject to the Regulations that has been Based upon my review and or will be exported from the United BILLING CODE 3510–DT–M consideration of that submission, my States, including financing or other support activities related to a consultations with BIS’s Office of DEPARTMENT OF COMMERCE Export Enforcement, including its transaction whereby the Denied Person acquires or attempts to acquire such Director, and the facts available to BIS, Bureau of Industry and Security I have decided to deny Freyer’s export ownership, possession or control; C. Take any action to acquire from or privileges under the Regulations for a Action Affecting Export Privileges; to facilitate the acquisition or attempted Bertrand Lalsingh acquisition from the Denied Person of 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– any item subject to the Regulations that In the Matter of: Bertrand Lalsingh, 4252 774 (2009), The Regulations are issued pursuant to has been exported from the United Stirling Rd., Hollywood, FL 33021. the Export Administration Act (‘‘EAA’’), which is States; currently codified at 50 U.S.C. app. § 2401–2420 D. Obtain from the Denied Person in Order Denying Export Privileges (2000). Since August 21, 2001, the EAA has been in lapse and the President, through Executive Order the United States any item subject to the On February 8, 2008, in the U.S. 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 Regulations with knowledge or reason District Court for Southern District of (2002)), which has been extended by successive to know that the item will be, or is Florida, Bertrand Lalsingh (‘‘Lalsingh’’) Presidential Notices, the most recent being that of intended to be, exported from the pled guilty to, and was convicted of, August 13, 2009 (74 FR 41,325 (August 14, 2009)), has continued the Regulations in effect under the United States; or violating Section 38 of the Arms Export International Emergency Economic Powers Act (50 E. Engage in any transaction to service Control Act (22 U.S.C. 2778 (2000)) U.S.C. 1701–1706 (2000)). any item subject to the Regulations that (‘‘AECA’’). Lalsingh pled guilty to

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knowingly and willfully exporting an Director, and the facts available to BIS, D. Obtain from the Denied Person in EOTech 553 Holographic Weapon Sight, I have decided to deny Lalsingh’s export the United States any item subject to the an item designated as a ‘‘defense privileges under the Regulations for a Regulations with knowledge or reason article’’ in Category I of the United period of five years from the date of to know that the item will be, or is States Munitions List, from the United Lalsingh’s conviction. I have also intended to be, exported from the States to Germany, without having first decided to revoke all licenses issued United States; or obtained authorization from the pursuant to the Act or Regulations in E. Engage in any transaction to service Department of State. Lalsingh was which Lalsingh had an interest at the sentenced to 5 months prison, 5 months time of his conviction. any item subject to the Regulations that home confinement, 2 years probation, has been or will be exported from the Accordingly, it is hereby Ordered: United States and which is owned, and a $100 special assessment. He was I. Until February 8, 2013, Bertrand possessed or controlled by the Denied released from prison on August 19, Lalsingh with an address at: 4252 Person, or service any item, of whatever 2008. Stirling Rd., Hollywood, FL 33021, and Section 766.25 of the Export when acting for or on behalf of Lalsingh, origin, that is owned, possessed or Administration Regulations (‘‘EAR’’ or his representatives, assigns, agents, or controlled by the Denied Person if such ‘‘Regulations’’) 1 provides, in pertinent employees, (collectively referred to service involves the use of any item part, that ‘‘[t]he Director of the Office of hereinafter as the ‘‘Denied Person’’) may subject to the Regulations that has been Exporter Services, in consultation with not, directly or indirectly, participate in or will be exported from the United the Director of the Office of Export any way in any transaction involving States. For purposes of this paragraph, Enforcement, may deny the export any commodity, software or technology servicing means installation, privileges of any person who has been (hereinafter collectively referred to as maintenance, repair, modification or convicted of a violation of the [Export ‘‘item’’) exported or to be exported from testing. Administration Act (‘‘EAA’’)J, the EAR, the United States that is subject to the III. After notice and opportunity for or any order, license or authorization Regulations, or in any other activity comment as provided in Section 766.23 issued thereunder; any regulation, subject to the Regulations, including, of the Regulations, any other person, license, or order issued under the but not limited to: International Emergency Economic firm, corporation, or business A. Applying for, obtaining, or using organization related to Bertrand Powers Act (50 U.S.C. 1701–1706); 18 any license, License Exception, or U.S.C. 793, 794 or 798; section 4(b) of Lalsingh by affiliation, ownership, export control document; control, or position of responsibility in the Internal Security Act of 1950 (50 B. Carrying on negotiations the conduct of trade or related services U.S.C. 783(b)), or section 38 of the Arms concerning, or ordering, buying, may also be made subject to the Export Control Act (22 U.S.C. 2778).’’ 15 receiving, using, selling, delivering, CFR 766.25(a); see also Section 11(h) of storing, disposing of, forwarding, provisions of this Order if necessary to the EAA, 50 U.S.C. app. § 24 10(h). The transporting, financing, or otherwise prevent evasion of the Order. denial of export privileges under this servicing in any way, any transaction IV. This Order does not prohibit any provision may be for a period of up to involving any item exported or to be export, reexport, or other transaction 10 years from the date of the conviction. exported from the United States that is subject to the Regulations where the 15 CFR 766.25(d); see also 50 U.S.C. subject to the Regulations, or in any only items involved that are subject to app. § 24 10(h). In addition, Section other activity subject to the Regulations; the Regulations are the foreign produced 750.8 of the Regulations states that the or direct product of U.S.-origin technology. Bureau of Industry and Security’s Office C. Benefitting in any way from any V. This Order is effective immediately of Exporter Services may revoke any transaction involving any item exported and shall remain in effect until February Bureau of Industry and Security (‘‘BIS’’) or to be exported from the United States 8, 2013 licenses previously issued in which the that is subject to the Regulations, or in person had an interest in at the time of any other activity subject to the VI. In accordance with Part 756 of the his conviction. Regulations. Regulations, Lalsingh may file an appeal I have received notice of Lalsingh’s II. No person may, directly or of this Order with the Under Secretary conviction for violating the AECA, and indirectly, do any of the following: of Commerce for Industry and Security. have provided notice and an A. Export or reexport to or on behalf The appeal must be filed within 45 days opportunity for Lalsingh to make a of the Denied Person any item subject to from the date of this Order and must written submission to BIS, as provided the Regulations; comply with the provisions of Part 756 in Section 766.25 of the Regulations. I B. Take any action that facilitates the of the Regulations. have not received a submission from acquisition or attempted acquisition by VII. A copy of this Order shall be Lalsingh. Based upon my review and the Denied Person of the ownership, delivered to Lalsingh. This Order shall consultations with BIS’s Office of possession, or control of any item be published in the Federal Register. Export Enforcement, including its subject to the Regulations that has been or will be exported from the United Issued this 31st day August 2009. 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR Parts 730– States, including financing or other Bernard Kritzer, 774 (2009). The Regulations are issued pursuant to support activities related to a Director, Office of Exporter Services. the Export Administration Act (‘‘EAA’’), which is transaction whereby the Denied Person [FR Doc. E9–21634 Filed 9–8–09; 8:45 am] currently codified at 50 U.S.C. app. §§ 2401–2420 acquires or attempts to acquire such (2000). Since August 21, 2001, the EAA has been BILLING CODE 3510–DT–M in lapse and the President, through Executive Order ownership, possession or control; 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 C. Take any action to acquire from or (2002)), which has been extended by successive to facilitate the acquisition or attempted Presidential Notices, the most recent being that of acquisition from the Denied Person of August 13, 2009 (74 FR 41325 (August 14, 2009)), has continued the Regulations in effect under the any item subject to the Regulations that International Emergency Economic Powers Act (50 has been exported from the United U.S.C. 1701–1706 (2000)). States;

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DEPARTMENT OF COMMERCE December 1, 2007, through November of Partial Rescission of Antidumping 30, 2008. ACA and Nexco were Duty Administrative Review, 74 FR International Trade Administration included in the petitioners’ request for 34550 (July 16, 2009). [A–357–812] review. Currently, the preliminary results of On February 2, 2009, the Department this administrative review covering Honey From Argentina: Notice of published the notice initiating this ACA are due on September 2, 2009. Extension of Time Limit for Preliminary administrative review for the 17 companies for which an administrative Extension of Time Limits for Results of Antidumping Duty Preliminary Results of Review Administrative Review review was requested. See Initiation of Antidumping and Countervailing Duty Pursuant to section 751(a)(3)(A) of the AGENCY: Import Administration, Administrative Reviews, Request for Tariff Act of 1930, as amended (‘‘the International Trade Administration, Revocation In Part, 74 FR 5821 Act’’), and 19 CFR 351.213(h)(2), the Department of Commerce. (February 2, 2009) (‘‘Initiation Notice’’). Department may extend the deadline for FOR FURTHER INFORMATION CONTACT: John The Department received a request for completion of the preliminary results of Drury, Dena Crossland or Angelica administrative review from Patagonik a review by 120 days if it determines Mendoza, AD/CVD Operations, Office 7, S.A. (‘‘Patagonik’’) in response to the that it is not practicable to complete the Import Administration, International December 1, 2008, opportunity to preliminary results within 245 days Trade Administration, U.S. Department request an administrative review. after the last day of the anniversary of Commerce, 14th Street and However, its request was dated January month of the date of publication of the Constitution Avenue, NW, Washington 2, 2009, after the December 31, 2008, order for which the administrative DC 20230; telephone: (202) 482–0195, deadline. On January 23, 2009, the review was requested. Due to the (202) 482–3362 or (202) 482–3019, Department returned the letter complexity of the issues involved, respectively. requesting an administrative review to including the need to solicit more Patagonik, stating that the request was SUPPLEMENTARY INFORMATION: information from ACA, including its untimely and that the Department date of sale methodology and sales to Background would not initiate a review based on third country markets, and to conduct this request. See Letter from the On December 1, 2008, the Department verification of ACA’s response in Department of Commerce to Patagonik of Commerce (‘‘the Department’’) accordance with 19 CFR S.A., dated January 23, 2009. On published a notice of opportunity to 351.222(f)(2)(ii), the Department has February 23, 2009, Patagonik submitted request an administrative review of the determined that it is not practicable to a letter requesting that the Department antidumping duty order on honey from complete this review within the original reconsider its decision not to initiate a Argentina for the period of review time period. Accordingly, the review based on Patagonik’s request. (‘‘POR’’) of December 1, 2007, through Department is extending the time limit Patagonik provided information to the for the preliminary results by 107 days November 30, 2008. See Antidumping Department indicating the reasons for or Countervailing Duty Order, Finding, to not later than December 18, 2009, in the untimely filing of the request. After accordance with section 751(a)(3)(A) of or Suspended Investigation; examining the information, the Opportunity to Request Administrative the Act. Department again declined to initiate an The deadline for the final results of Review, 73 FR 72764 (December 1, administrative review based on 2008). this review will continue to be 120 days Patagonik’s request. See Letter from the after publication of the preliminary In response, on December 30, 2008, Department of Commerce to Patagonik the Asociacion de Cooperativas results. S.A., dated March 17, 2009. This notice is published in Argentinas (‘‘ACA’’) requested an On March 6, 2009, petitioners timely accordance with sections 751(a)(3)(A) administrative review of the withdrew their requests for review of and 777(i) of the Act. antidumping duty order on honey from the following companies: AGLH S.A., Argentina for the period December 1, Algodonera Avellaneda S.A., Alimentos Dated: August 26, 2009. 2007, through November 30, 2008. On Naturales–Natural Foods, Alma Pura, John M. Andersen, December 31, 2008, the American Bomare S.A. (Bodegas Miguel Acting Deputy Assistant Secretary for Honey Producers Association and Sioux Armengol), Compania Apicola Antidumping and Countervailing Duty Honey Association (collectively, Argentina S.A. and Mielar S.A., Operations. ‘‘petitioners’’) requested an Compania Inversora Platense S.A., EL [FR Doc. E9–21579 Filed 9–8–09; 8:45 am] administrative review of the Mana S.A., HoneyMax S.A., BILLING CODE 3510–DS–S antidumping duty order on honey from Interrupcion S.A., Miel Ceta SRL, Argentina for the period December 1, Patagonik S.A., Productos Afer S.A., 2007, through November 30, 2008. Seabird Argentina S.A., and Seylinco DEPARTMENT OF DEFENSE Specifically, petitioners requested that S.A. On April 17, 2009, the Department the Department conduct an published a partial rescission of this Office of Secretary administrative review of entries of administrative review with respect to subject merchandise made by 17 these companies. See Honey from [Docket ID: DoD–2009–OS–0132] Argentine producers/exporters.1 Also on Argentina: Notice of Partial Rescission December 31, 2008, Nexco S.A. Privacy Act of 1974; System of of Antidumping Duty Administrative Records (‘‘Nexco’’) requested an administrative Review, 74 FR 17815 (April 17, 2009). review of the antidumping duty order On June 10, 2009, both petitioners AGENCY: Defense Intelligence Agency, on honey from Argentina for the period and Nexco withdrew their requests for DoD. administrative review with respect to ACTION: Notice to alter a system of 1 Petitioners requested Compania Apicola Nexco. The Department published a Argentina S.A. and Mielar S.A.as separate entities. records. However, in a previous segment of this proceeding, partial rescission of this administrative the Department treated these two companies as a review with respect to Nexco on July 16, SUMMARY: The Defense Intelligence single entity. 2009. See Honey from Argentina: Notice Agency is proposing to alter a system of

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records in its existing inventory of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: approves retention and disposal records systems subject to the Privacy Delete entry and replace with ‘‘E.O. schedule, records will be treated as Act of 1974, (5 U.S.C. 552a), as 12564, Federal Drug Free Workplace; permanent).’’ amended. Public Law 100–71, Supplemental * * * * * DATES: The proposed action will be Appropriations Act; DoD 1010.9, DoD RECORD SOURCE CATEGORIES: effective on October 9, 2009 unless Civilian Employee Drug Abuse Testing comments are received that would Program; DIA Instruction 1015.001, Delete entry and replace with ‘‘The result in a contrary determination. Drug Free Workplace Program and E.O. individual test subject, medical review certifying officer, administrative ADDRESSES: Freedom of Information 9397 (SSN), as amended.’’ personnel and others on a case-by-case Office, Defense Intelligence Agency PURPOSE(S): basis.’’ (DAN–1A), 200 MacDill Blvd., Delete entry and replace with ‘‘The * * * * * Washington, DC 20340–5100. system is used to maintain Drug Testing FOR FURTHER INFORMATION CONTACT: Ms. Program Coordinator records relating to LDIA 0450 Theresa Lowery at (202) 231–1193. the implementation of the program, SYSTEM NAME: SUPPLEMENTARY INFORMATION: The administration, selection, notification Defense Intelligence Agency system of and testing of DIA employees and Drug-Free Workplace Files. records notices subject to the Privacy applicants for employment for use of SYSTEM LOCATION: Act of 1974, (5 U.S.C. 552a), as illegal drugs.’’ Defense Intelligence Agency, amended, have been published in the Washington, DC 20340–5100. Federal Register and are available from ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND the address above. CATEGORIES OF INDIVIDUALS COVERED BY THE THE PURPOSES OF SUCH USES: The proposed system report, as SYSTEM: Delete entry and replace with ‘‘In required by 5 U.S.C. 552a(r) of the Civilian employees and applicants for Privacy Act of 1974, as amended, was addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the positions in the Defense Intelligence submitted on August 26, 2009, to the Agency. House Committee on Oversight and Privacy Act of 1974, these records may Government Reform, the Senate specifically be disclosed outside the CATEGORIES OF INDIVIDUALS COVERED BY THE Committee on Homeland Security and DoD as a routine use pursuant to 5 SYSTEM: Governmental Affairs, and the Office of U.S.C. 552a(b)(3) as follows: Civilian employees of the Defense Management and Budget (OMB) To a court of competent jurisdiction Intelligence Agency as well as pursuant to paragraph 4c of Appendix I where required by the United States applicants for employment. to OMB Circular No. A–130, ‘Federal Government to defend against any CATEGORIES OF RECORDS IN THE SYSTEM: Agency Responsibilities for Maintaining challenge against any adverse personnel Records About Individuals,’ dated action.’’ Name, specimen identification February 8, 1996 (February 20, 1996, 61 * * * * * number, Social Security Number (SSN) FR 6427). and records relating to the selection, STORAGE: notification, and testing of employees Dated: August 26, 2009. Delete entry and replace with and applicants, tests results Patricia L. Toppings, ‘‘Electronic storage media.’’ information, and related reports to OSD Federal Register Liaison Officer, include disciplinary action due to failed RETRIEVABILITY: Department of Defense. tests, refusal of test, incidents related to Delete entry and replace with ‘‘Test LDIA 0450 accidents, reasonable suspicion of drug results are retrieved by last name and/ use, and voluntary tests. SYSTEM NAME: or last five digits of the Social Security Number (SSN) and specimen AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Drug-Free Workplace Files (June 5, identification number.’’ 2006, 71 FR 32318). E.O. 12564, Federal Drug Free Workplace; Public Law 100–71, SAFEGUARDS: CHANGES: Supplemental Appropriations Act; DoD Delete entry and replace with * * * * * 1010.9, DoD Civilian Employee Drug ‘‘Records are stored in office buildings Abuse Testing Program; DIA Instruction CATEGORIES OF INDIVIDUALS COVERED BY THE protected by guards, controlled 1015.001, Drug Free Workplace Program SYSTEM: screenings, use of visitor registers, and E.O. 9397 (SSN), as amended. Delete entry and replace with electronic access, and/or locks. Access ‘‘Civilian employees and applicants for to records is limited to individuals who PURPOSE(S): positions in the Defense Intelligence are properly screened and cleared on a The system is used to maintain Drug Agency.’’ need-to-know basis in the performance Testing Program Coordinator records of their duties. Passwords and User IDs relating to the implementation of the CATEGORIES OF RECORDS IN THE SYSTEM: are used to control access to the system program, administration, selection, Delete entry and replace with ‘‘Name, data, and procedures are in place to notification and testing of DIA specimen identification number, Social deter and detect browsing and employees and applicants for Security Number (SSN) and records unauthorized access. Physical and employment for use of illegal drugs. relating to the selection, notification, electronic access are limited to persons and testing of employees and responsible for servicing and authorized ROUTINE USES OF RECORDS MAINTAINED IN THE applicants, tests results information, to use the system.’’ SYSTEM, INCLUDING CATEGORIES OF USERS AND and related reports to include THE PURPOSES OF SUCH USES: disciplinary action due to failed tests, RETENTION AND DISPOSAL: In addition to those disclosures refusal of test, incidents related to Delete entry and replace with generally permitted under 5 U.S.C. accidents, reasonable suspicion of drug ‘‘Disposition pending (until the National 552a(b) of the Privacy Act of 1974, these use, and voluntary tests.’’ Archives and Records Administration records may specifically be disclosed

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outside the DoD as a routine use Individuals should provide their full The proposed deletion is not within the pursuant to 5 U.S.C. 552a(b)(3) as name, current address, telephone purview of subsection (r) of the Privacy follows: number and Social Security Number. Act of 1974 (5 U.S.C. 552a), as amended, To a court of competent jurisdiction which requires the submission of a new where required by the United States CONTESTING RECORD PROCEDURES: or altered system report. DIA’s rules for accessing records, for Government to defend against any Dated: September 3, 2009. challenge against any adverse personnel contesting contents and appealing action. initial agency determinations are Patricia L. Toppings, published in DIA Regulation 12–12: OSD Federal Register Liaison Officer, POLICIES AND PRACTICES FOR STORING, Defense Intelligence Agency Privacy Department of Defense. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Program; 32 CFR part 319—Defense T7401 Intelligence Agency Privacy Program; or STORAGE: may be obtained from the system SYSTEM NAME: Electronic storage media. manager. Standard Accounting, Budgeting, and Reporting System (SABRS) (July 9, RETRIEVABILITY: RECORD SOURCE CATEGORIES: 2007, 72 FR 37203). Test results are retrieved by last name The individual test subject, medical and/or last five digits of the Social Reason: The records contained in this review certifying officer, administrative system of records can no longer be Security Number (SSN) and specimen personnel and others on a case-by-case identification number. retrieved by the individual’s name, basis. Social Security Number, or other SAFEGUARDS : EXEMPTIONS CLAIMED FOR THE SYSTEM: personal identifier and therefore, are no Records are stored in office buildings None. longer subject to the Privacy Act of 1974 protected by guards, controlled (5 U.S.C. 552a), as amended. Since the [FR Doc. E9–21745 Filed 9–8–09; 8:45 am] screenings, use of visitor registers, system is no longer subject to the electronic access, and/or locks. Access BILLING CODE 5001–06–P Privacy Act, it is being deleted from the to records is limited to individuals who Defense Finance and Accounting are properly screened and cleared on a DEPARTMENT OF DEFENSE Service existing inventory of systems of need-to-know basis in the performance records notices. of their duties. Passwords and user IDs Office of the Secretary Accordingly, this Privacy Act System are used to control access to the system of Records Notice should be deleted. data, and procedures are in place to Privacy Act of 1974; System of [FR Doc. E9–21749 Filed 9–8–09; 8:45 am] deter and detect browsing and Records BILLING CODE 5001–06–P unauthorized access. Physical and electronic access are limited to persons AGENCY: Defense Finance and responsible for servicing and authorized Accounting Service, DoD. to use the system. ACTION: Notice to delete systems of DEPARTMENT OF ENERGY records. RETENTION AND DISPOSAL: Federal Energy Regulatory Disposition pending (until the SUMMARY: The Defense Finance and Commission National Archives and Records Accounting Service is deleting a system Administration approves retention and of records notice from its existing [Project No. 1005–000] disposal schedule, records will be inventory of records systems subject to treated as permanent). the Privacy Act of 1974 (5 U.S.C. 552a), City of Boulder, CO; Notice of as amended. Authorization for Continued Project SYSTEM MANAGER(S) AND ADDRESS: DATES: This proposed action will be Operation Deputy Director for Human Capital, effective without further notice on ATTN: HCH, Defense Intelligence October 9, 2009 unless comments are September 2, 2009. Agency, 200 MacDill Blvd., Washington, received which result in a contrary On March 9, 2009, the City of DC 20340–5100. determination. Boulder, licensee for the Boulder Canyon Hydroelectric Project, filed an NOTIFICATION PROCEDURE: ADDRESSES: Defense Finance and Individuals seeking to determine Application for a Small Conduit Accounting Service, Corporate Exemption in lieu of an application for whether information about themselves Communications and Legislative is contained in this system of records a new license pursuant to the Federal Liaison, (DFAS–HAC/IN), 8899 E. 56th Power Act (FPA) and the Commission’s should address written inquiries to the Street, Indianapolis, IN 46249–0150. Freedom of Information Act Office regulations thereunder. The Boulder FOR FURTHER INFORMATION CONTACT: Ms. Canyon Hydroelectric Project is located (DAN–1A/FOIA), Defense Intelligence Linda Krabbenhoft at (720) 242–6631. Agency, Washington, DC 20340–5100. on water supply facilities of the City of Individuals should provide their full SUPPLEMENTARY INFORMATION: The Boulder, in Boulder and Nederland name, current address, telephone Defense Finance and Accounting Counties, Colorado. number and Social Security Number. Service systems of records notices The license for Project No. 1005 was subject to the Privacy Act of 1974, (5 issued for a period ending August 31, RECORD ACCESS PROCEDURES: U.S.C. 552a), as amended, have been 2009. Section 15(a)(1) of the FPA, 16 Individuals seeking access to published in the Federal Register and U.S.C. 808(a)(1), requires the information about themselves contained are available from the address above. Commission, at the expiration of a in this system should address written The Defense Finance and Accounting license term, to issue from year-to-year inquiries to the Freedom of Information Service proposes to delete a system of an annual license to the then licensee Act Office (DAN–1A/FOIA), Defense records notice from its inventory of under the terms and conditions of the Intelligence Agency, Washington, DC record systems subject to the Privacy prior license until a new license is 20340–5100. Act of 1974 (5 U.S.C. 552a), as amended. issued, or the project is otherwise

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disposed of as provided in section 15 or and 214 of the Commission’s Rules of DEPARTMENT OF ENERGY any other applicable section of the FPA. Practice and Procedure (18 CFR 385.211 The Boulder Canyon Hydroelectric and 385.214) on or before 5 p.m. Eastern Federal Energy Regulatory Project is subject to section 15 of the time on the specified comment date. It Commission FPA. Notice is hereby given that an is not necessary to separately intervene annual license for Project No. 1005 is again in a subdocket related to a [Project No. 233—161] issued to the City of Boulder for a compliance filing if you have previously period effective September 1, 2009 intervened in the same docket. Protests Pacific Gas and Electric Company; through August 31, 2010, or until the will be considered by the Commission Notice of Availability of Environmental issuance of a Small Conduit Exemption in determining the appropriate action to Assessment for the project or other disposition be taken, but will not serve to make under the FPA, whichever comes first. September 2, 2009. protestants parties to the proceeding. If issuance of a Small Conduit Anyone filing a motion to intervene or In accordance with the National Exemption (or other disposition) does protest must serve a copy of that Environmental Policy Act of 1969 and not take place on or before August 31, the Federal Energy Regulatory 2010, notice is hereby given that, document on the Applicant. In reference to filings initiating a new proceeding, Commission’s (Commission or FERC) pursuant to 18 CFR 16.18(c), an annual regulations, 18 CFR part 380, license under section 15(a)(1) of the interventions or protests submitted on Commission staff has reviewed the FPA is renewed automatically without or before the comment deadline need application for amendment of license further order or notice by the not be served on persons other than the for the Pit 3, 4, and 5 Project (FERC No. Commission, unless the Commission Applicant. 233) and has prepared an environmental orders otherwise. The Commission encourages assessment (EA). The project is located electronic submission of protests and Kimberly D. Bose, on the Pit River, in Shasta County, interventions in lieu of paper, using the Secretary. California and occupies 746 acres of FERC Online links at http:// [FR Doc. E9–21733 Filed 9–8–09; 8:45 am] lands of the United States administered www.ferc.gov. To facilitate electronic BILLING CODE 6717–01–P by the Forest Supervisors of the Shasta- service, persons with Internet access Trinity and Lassen National Forests. who will eFile a document and/or be The EA contains the Commission DEPARTMENT OF ENERGY listed as a contact for an intervenor must create and validate an staff’s analysis of the potential Federal Energy Regulatory eRegistration account using the environmental effects of the proposed Commission eRegistration link. Select the eFiling addition of new generating capacity and link to log on and submit the construction of a new powerhouse and Combined Notice of Filings #1 intervention or protests. concludes that authorizing the amendment, with appropriate September 2, 2009. Persons unable to file electronically environmental protective measures Take notice that the Commission should submit an original and 14 copies would not constitute a major Federal received the following electric corporate of the intervention or protest to the action that would significantly affect the filings: Federal Energy Regulatory Commission, quality of the human environment. On Docket Numbers: EC09–107–000. 888 First St., NE., Washington, DC August 27, 2009, the Commission issued Applicants: Krayn Wind LLC, 20426. the Order Amending License which Everpower Wind Holdings, Inc.,Trireme The filings in the above proceedings authorized the construction and Energy Investments, Inc. are accessible in the Commission’s operation of the Britton Powerhouse. Description: Krayn Wind LLC, et al. Joint Application for Authorization eLibrary system by clicking on the Copies of the EA are available for under FPA 203 Waivers and Expedited appropriate link in the above list. They review in the Public Reference Room 2– Consideration. are also available for review in the A of the Commission’s offices at 888 Filed Date: 09/02/2009. Commission’s Public Reference Room in First Street, NE., Washington, DC 20426. Accession Number: 20090902–5061. Washington, DC. There is an The EA may also be viewed on the Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that Commission’s Internet Web site (http:// on Wednesday, September 23, 2009. enables subscribers to receive e-mail www.ferc.gov) using the ‘‘eLibrary’’ link. Take notice that the Commission notification when a document is added Enter the docket number excluding the received the following electric rate to a subscribed docket(s). For assistance last three digits in the docket number filings: with any FERC Online service, please e- field to access the document. Additional Docket Numbers: ER09–1642–000. mail [email protected] or information about the project is Applicants: Bangor Hydro-Electric call (866) 208–3676 (toll free). For TTY, available from the Commission’s Office Company. call (202) 502–8659. of External Affairs, at (202) 502–6088, or on the Commission’s Web site using the Description: Bangor Hydro Electric Kimberly D. Bose, Company submits Settlement eLibrary link. For assistance with Agreement with Covanta Maine, LLC Secretary. eLibrary, contact etc. [FR Doc. E9–21732 Filed 9–8–09; 8:45 am] [email protected] or toll- Filed Date: 08/27/2009. BILLING CODE 6717–01–P free at (866) 208–3676; for TTY contact Accession Number: 20090831–0036. (202) 502–8659. Comment Date: 5 p.m. Eastern Time on Thursday, September 17, 2009. Kimberly D. Bose, Any person desiring to intervene or to Secretary. protest in any of the above proceedings [FR Doc. E9–21734 Filed 9–8–09; 8:45 am] must file in accordance with Rules 211 BILLING CODE 6717–01–P

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ENVIRONMENTAL PROTECTION protected through http:// the docket ID number identified in this AGENCY www.regulations.gov or e-mail. The document. http://www.regulations.gov Web site is [EPA–HQ–OAR–2006–0525; FRL–8953–9] What Information Is EPA Particularly an ‘‘anonymous access’’ system, which Interested in? Agency Information Collection means EPA will not know your identity Pursuant to section 3506(c)(2)(A) of Activities; Proposed Collection; or contact information unless you the PRA, EPA specifically solicits Comment Request; Registration of provide it in the body of your comment. comments and information to enable it Fuels and Fuel Additives—Health- If you send an e-mail comment directly to: Effects Research Requirements for to EPA without going through http:// www.regulations.gov your e-mail (i) Evaluate whether the proposed Manufacturers; EPA ICR No. 1696.06, collection of information is necessary OMB Control No. 2060–0297 address will be automatically captured and included as part of the comment for the proper performance of the AGENCY: Environmental Protection that is placed in the public docket and functions of the Agency, including Agency (EPA). made available on the Internet. If you whether the information will have practical utility; ACTION: submit an electronic comment, EPA Notice. (ii) Evaluate the accuracy of the recommends that you include your Agency’s estimate of the burden of the SUMMARY: In compliance with the name and other contact information in proposed collection of information, Paperwork Reduction Act (PRA) (44 the body of your comment and with any including the validity of the U.S.C. 3501 et seq.), this document disk or CD–ROM you submit. If EPA methodology and assumptions used; announces that EPA is planning to cannot read your comment due to submit a request to renew an existing (iii) Enhance the quality, utility, and technical difficulties and cannot contact clarity of the information to be approved Information Collection you for clarification, EPA may not be Request (ICR) to the Office of collected; and able to consider your comment. (iv) Minimize the burden of the Management and Budget (OMB). This Electronic files should avoid the use of collection of information on those who ICR is scheduled to expire on February special characters, any form of are to respond, including through the 28, 2010. Before submitting the ICR to encryption, and be free of any defects or use of appropriate automated electronic, OMB for review and approval, EPA is viruses. For additional information mechanical, or other technological soliciting comments on specific aspects about EPA’s public docket visit the EPA collection techniques or other forms of of the proposed information collection Docket Center homepage at http:// information technology, e.g., permitting as described below. www.epa.gov/epahome/dockets.htm. electronic submission of responses. In DATES: Comments must be submitted on FOR FURTHER INFORMATION CONTACT: particular, EPA is requesting comments or before November 9, 2009. James W. Caldwell, Office of from very small businesses (those that ADDRESSES: Submit your comments, Transportation and Air Quality, employ less than 25) on examples of identified by Docket ID No. EPA–HQ– Mailcode: 6406J, Environmental specific additional efforts that EPA OAR–2006–0525, by one of the Protection Agency, 1200 Pennsylvania could make to reduce the paperwork following methods: Ave., NW., Washington, DC 20460; burden for very small businesses • http://www.regulations.gov: Follow telephone number: (202) 343–9303; fax affected by this collection. the on-line instructions for submitting number: (202) 343–2802; e-mail address: What Should I Consider When I comments. [email protected]. Prepare My Comments for EPA? • E-mail: [email protected]. • Fax: (202) 566–1741. SUPPLEMENTARY INFORMATION: You may find the following • Mail: Air and Radiation Docket, How Can I Access the Docket and/or suggestions helpful for preparing your Docket ID No. EPA–HQ–OAR–2006– Submit Comments? comments: 0525, Environmental Protection Agency, 1. Explain your views as clearly as Mailcode: 6102T, 1200 Pennsylvania EPA has established a public docket possible and provide specific examples. Avenue, NW., Washington, DC 20460. for this ICR under Docket ID No. EPA– 2. Describe any assumptions that you • Hand Delivery: EPA Docket Center, HQ–OAR–2006–0525, which is used. 3. Provide copies of any technical Room B102, EPA West Building, 1301 available for online viewing at http:// information and/or data you used that Constitution Avenue, NW., Washington, www.regulations.gov, or in person support your views. DC 20460. Such deliveries are only viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), 4. If you estimate potential burden or accepted during the Docket’s normal costs, explain how you arrived at the hours of operation, and special EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, estimate that you provide. arrangements should be made for 5. Offer alternative ways to improve deliveries of boxed information. DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., the collection activity. Instructions: Direct your comments to 6. Make sure to submit your Monday through Friday, excluding legal Docket ID No. EPA–HQ–OAR–2006– comments by the deadline identified holidays. The telephone number for the 0525. EPA’s policy is that all comments under DATES. received will be included in the public Reading Room is 202–566–1744, and the 7. To ensure proper receipt by EPA, docket without change and may be telephone number for the Air and be sure to identify the docket ID number made available online at http:// Radiation Docket is 202–566–1742. assigned to this action in the subject www.regulations.gov, including any Use http://www.regulations.gov to line on the first page of your response. personal information provided, unless obtain a copy of the draft collection of You may also provide the name, date, the comment includes information information, submit or view public and Federal Register citation. claimed to be Confidential Business comments, access the index listing of Information (CBI) or other information the contents of the docket, and to access What Information Collection Activity or whose disclosure is restricted by statute. those documents in the public docket ICR Does This Apply to? Do not submit information that you that are available electronically. Once in Affected entities: Entities potentially consider to be CBI or otherwise the system, select ‘‘search,’’ then key in affected by this action are the

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manufacturers of motor-vehicle ‘‘nonbaseline’’ groups for each and (2) the information shall not be gasoline, motor-vehicle diesel fuel, and oxygenate. Additives which contain considered confidential. additives for those fuels. elements other than carbon, hydrogen, Burden Statement: The annual public Title: Registration of Fuels and Fuel oxygen, nitrogen, and sulfur fall into reporting and recordkeeping burden for Additives—Health-Effects Research separate ‘‘atypical’’ groups. There are this collection of information is Requirements for Manufacturers. similar grouping requirements for diesel estimated to average 7,067 hours per ICR numbers: EPA ICR No. 1696.06, fuel and diesel fuel additives. response. Burden means the total time, OMB Control No. 2060–0297. Manufacturers may perform the effort, or financial resources expended ICR status: This ICR is currently research independently or may join by persons to generate, maintain, retain, scheduled to expire on February 28, with other manufacturers to share in the or disclose or provide information to or 2010. An Agency may not conduct or costs for each applicable group. Several for a Federal agency. This includes the sponsor, and a person is not required to research consortiums (groups of time needed to review instructions; respond to, a collection of information, manufacturers) have been formed. The develop, acquire, install, and utilize unless it displays a currently valid OMB largest consortium, organized by the technology and systems for the purposes control number. The OMB control American Petroleum Institute (API), of collecting, validating, and verifying numbers for EPA’s regulations in title 40 information, processing and of the CFR, after appearing in the represents most of the manufacturers of baseline gasoline, baseline diesel fuel, maintaining information, and disclosing Federal Register when approved, are and providing information; adjust the listed in 40 CFR part 9, are displayed baseline fuel additives, and the prominent nonbaseline oxygenated existing ways to comply with any either by publication in the Federal previously applicable instructions and Register or by other appropriate means, additives for gasoline. The research is structured into three tiers of requirements which have subsequently such as on the related collection changed; train personnel to be able to instrument or form, if applicable. The requirements for each group. Tier 1 requires an emissions characterization respond to a collection of information; display of OMB control numbers in search data sources; complete and certain EPA regulations is consolidated and a literature search for information on the health effects of those emissions. review the collection of information; in 40 CFR part 9. and transmit or otherwise disclose the Abstract: In accordance with the Voluminous Tier 1 data for gasoline and information. regulations at 40 CFR part 79, subparts diesel fuel were submitted by API and others in 1997. Tier 1 data have been The ICR provides a detailed A, B, C, and D, Registration of Fuels and explanation of the Agency’s estimate, Fuel Additives, manufacturers submitted for biodiesel, water/diesel emulsions, several atypical additives, which is only briefly summarized here: (including importers) of motor-vehicle Estimated total number of potential gasoline, motor-vehicle diesel fuel, and and renewable diesel fuels. Tier 2 requires short-term inhalation exposures respondents: 3. additives for those fuels, are required to Frequency of response: On occasion. have these products registered by the of laboratory animals to emissions to Estimated total average number of EPA prior to their introduction into screen for adverse health effects. Tier 2 responses for each respondent: 1. commerce. Registration involves data have been submitted for baseline Estimated total annual burden hours: providing a chemical description of the diesel, biodiesel, and water/diesel 21,200. fuel or additive, and certain technical, emulsions. Alternative Tier 2 testing can Estimated total annual costs: $2.8 marketing, and health-effects be required in lieu of standard Tier 2 million. This includes an estimated information. The development of testing if EPA concludes that such burden cost of $2.2 million and an health-effects data, as required by 40 testing would be more appropriate. The estimated cost of $0.6 million for capital CFR 79, Subpart F, is the subject of this EPA reached that conclusion with investment or maintenance and ICR. The information collection respect to gasoline and gasoline- operational costs. requirements for Subparts A through D, oxygenate blends, and alternative and the supplemental notification requirements were established for the Are There Changes in the Estimates requirements of Subpart F (indicating API consortium for baseline gasoline From the Last Approval? how the manufacturer will satisfy the and six gasoline-oxygenate blends. There is a decrease of 8,950 hours in health-effects data requirements) are Alternative Tier 2 requirements have the total estimated annual respondent covered by a separate ICR (EPA ICR also been established for the manganese burden compared with that identified in Number 309.12, OMB Control Number additive MMT manufactured by the the ICR currently approved by OMB. 2060–1050). The health-effects data will Afton Chemical Corporation (formerly This decrease reflects EPA’s updating of be used to determine if there are any the Ethyl Corporation). Tier 3 provides burden estimates. The MMT Alternative products which have evaporative or for follow-up research, at EPA’s Tier 2 testing program noted above, and combustion emissions that may pose an discretion, when remaining covered in the previous ICR, has unreasonable risk to public health, thus uncertainties as to the significance of completed. The API Alternative Tier 2 meriting further investigation and observed health effects, welfare effects, testing program has completed most of potential regulation. This information is and/or emissions exposures from a fuel the testing requirements. It will have required for specific groups of fuels and or fuel/additive mixture interfere with significantly reduced activity as it nears additives as defined in the regulations. EPA’s ability to make reasonable completion over the next three years. For example, gasoline and gasoline estimates of the potential risks posed by Although there will likely be new fuels additives which consist of only carbon, emissions from a fuel or additive. To and additives for which testing will be hydrogen, oxygen, nitrogen, and/or date, EPA has not imposed any Tier 3 required, such testing is not expected to sulfur, and which involve a gasoline requirements. Under Section 211 of the be as extensive as the two programs oxygen content of less than 1.5 weight Clean Air Act, (1) submission of the noted above. percent, fall into a ‘‘baseline’’ group. health-effects information is necessary Oxygenates, such as ethanol and ethyl for a manufacturer to obtain registration What Is the Next Step in the Process for tertiary butyl ether, when used in of a motor-vehicle gasoline, diesel fuel, This ICR? gasoline at an oxygen level of at least 1.5 or fuel additive, and thus be allowed to EPA will consider the comments weight percent, define separate introduce that product into commerce, received and amend the ICR as

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appropriate. The final ICR package will OMB Number 2060–0522; expires on OMB Number 2003–0001; expires on then be submitted to OMB for review 08/31/2012; Approved without change. 02/28/2010; Approved without change. and approval pursuant to 5 CFR EPA ICR Number 2003.04; NESHAP EPA ICR Number 1031.09; 1320.12. At that time, EPA will issue for Integrated Iron and Steel Recordkeeping and Reporting another Federal Register notice Manufacturing; 40 CFR part 63, subpart Requirements for Allegations of pursuant to 5 CFR 1320.5(a)(1)(iv) to A; 40 CFR part 63, subpart FFFFF; was Significant Adverse Reactions to Human announce the submission of the ICR to approved on 08/03/2009; OMB Number Health or the Environment (TSCA OMB and the opportunity to submit 2060–0517; expires on 08/31/2012; Section 8(c)); 40 CFR part 717; was additional comments to OMB. If you Approved without change. approved on 08/19/2009; OMB Number have any questions about this ICR or the EPA ICR Number 1541.09; NESHAP 2070–0017; expires on 08/31/2012; approval process, please contact the for Benzene Waste Operations; 40 CFR Approved without change. technical person listed under FOR part 61, subpart FF; 40 CFR part 63, EPA ICR Number 1938.04; NESHAP FURTHER INFORMATION CONTACT. subpart A; was approved on 08/03/2009; for Municipal Solid Waste Landfills; 40 Dated: September 1, 2009. OMB Number 2060–0183; expires on CFR part 63, subpart A; 40 CFR part 63, 08/31/2012; Approved without change. Margo Tsirigotis Oge, subpart AAAA; was approved on 08/19/ EPA ICR Number 2029.04; NESHAP 2009; OMB Number 2060–0505; expires Director, Office of Transportation and Air for Asphalt Processing and Asphalt Quality. on 08/31/2012; Approved without Roofing Manufacturing; 40 CFR part 63, change. [FR Doc. E9–21727 Filed 9–8–09; 8:45 am] subpart A; 40 CFR part 63, subpart BILLING CODE 6560–50–P EPA ICR Number 2196.03; NSPS for LLLLL; was approved on 08/03/2009; Stationary Compression Ignition OMB Number 2060–0520; expires on Internal Combustion Engines; 40 CFR 08/31/2012; Approved without change. ENVIRONMENTAL PROTECTION part 60, subpart A; 40 CFR part 60, EPA ICR Number 2367.01; Consumer AGENCY subpart IIII; was approved on 08/19/ Research through Focus Groups to 2009; OMB Number 2060–0590; expires [FRL–8954–4] Develop Improved Labeling for on 08/31/2012; Approved without Pesticide Products (formerly identified change. Agency Information Collection as EPA ICR 2297.01); 40 CFR part 156; Activities OMB Responses EPA ICR Number 0997.09; NSPS for was approved on 08/07/2009; OMB Petroleum Dry Cleaners; 40 CFR part 60, AGENCY: Environmental Protection Number 2070–0175; expires on 08/31/ subpart A; 40 CFR part 60, subpart JJJ; Agency (EPA). 2012; Approved without change. was approved on 08/19/2009; OMB EPA ICR Number 2023.04; NESHAP ACTION: Notice. Number 2060–0079; expires on 08/31/ for Clay Ceramics Manufacturing; 40 2012; Approved without change. CFR part 60, subpart A; 40 CFR part 60, SUMMARY: This document announces the EPA ICR Number 2344.01; Auto-Body subpart KKKKK; was approved on 08/ Office of Management and Budget Compliance Assessment Pilot Project 07/2009; OMB Number 2060–0513; (OMB) responses to Agency Clearance (New); was approved on 08/19/2009; expires on 08/31/2012; Approved requests, in compliance with the OMB Number 2020–0034; expires on Paperwork Reduction Act (44 U.S.C. without change. EPA ICR Number 2251.03; Control of 08/31/2012; Approved with change. 3501 et seq.). An agency may not EPA ICR Number 1891.05; NESHAP conduct or sponsor, and a person is not Emissions from Nonroad Spark-Ignition Engines and Equipment (Change); 40 for Publicly Owned Treatment Works; required to respond to, a collection of 40 CFR part 63, subpart A; 40 CFR part information unless it displays a CFR part 1065; was approved on 08/11/ 2009; OMB Number 2060–0603; expires 63, subpart VVV; was approved on 08/ currently valid OMB control number. 19/2009; OMB Number 2060–0428; The OMB control numbers for EPA on 07/31/2012; Approved without change. expires on 08/31/2012; Approved regulations are listed in 40 CFR part 9 without change. and 48 CFR chapter 15. EPA ICR Number 1292.08; Enforcement Policy Regarding the Sale EPA ICR Number 1995.04; NESHAP FOR FURTHER INFORMATION CONTACT: Rick and Use of Aftermarket Catalytic for Coke Oven Pushing Quenching and Westlund (202) 566–1682, or e-mail at Battery Stacks; 40 CFR part 63, subpart [email protected] and please refer Converters (Renewal); 40 CFR part 85, subpart V; was approved on 08/16/2009; CCCCC; 40 CFR part 63, subpart A ; was to the appropriate EPA Information approved on 08/19/2009; OMB Number Collection Request (ICR) Number. OMB Number 2060–0135; expires on 08/31/2012; Approved without change. 2060–0521; expires on 08/31/2012; SUPPLEMENTARY INFORMATION: EPA ICR Number 2195.03; Approved without change. OMB Responses to Agency Clearance Submission of Protocols and study EPA ICR Number 1904.05; The Sun Requests Reports for Environmental Research Wise School Program (Change); was Involving Human Subjects; 40 CFR part approved on 08/20/2009; OMB Number OMB Approvals 26; was approved on 08/16/2009; OMB 2060–0439; expires on 02/28/2011; EPA ICR Number 1695.09; Emissions Number 2070–0169; expires on 08/31/ Approved with change. Certification and Compliance 2012; Approved without change. EPA ICR Number 0261.16; Requirements for Nonroad Spark- EPA ICR Number 1426.08; EPA Notification of Regulated Waste Activity ignition Engines (Renewal); 40 CFR Worker Protection Standards for (Renewal); 40 CFR 264.11; 40 CFR parts 90, 1048, 1051, 1065, and 1068; Hazardous Waste Operations and 262.12; 40 CFR 263.11; 40 CFR 266.21– was approved on 08/02/2009; OMB Emergency Response (Renewal); 40 CFR 266.23; 40 CFR 266.70; 40 CFR 266.80; Number 2060–0338; expires on 08/31/ part 311; was approved on 08/16/2009; 40 CFR 266.100–266.103; 40 CFR 2012; Approved without change. OMB Number 2050–0105; expires on 266.108; 40 CFR 270.1; 40 CFR 273.54; EPA ICR Number 2071.04; NESHAP 08/31/2012; Approved without change. 40 CFR 273.60; 40 CFR 279.42; 40 CFR for Printing, Coating and Dyeing of EPA ICR Number 2365.01; 279.51; 40 CFR 279.62; 40 CFR 279.73; Fabrics and Other Textiles; 40 CFR part Chesapeake Action Plan/Activity was approved on 08/20/2009; OMB 63, subpart A; 40 CFR part 63, subpart Integration Plan (CAP/AIP) Reporting Number 2050–0028; expires on 08/31/ OOOO; was approved on 08/02/2009; System; was approved on 08/17/2009; 2012; Approved without change.

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EPA ICR Number 1571.09; General Network Program; was disapproved by For logistical and administrative Hazardous Waste Facility Standards OMB on 08/17/2009. information: Ms. Cheryl Jackson, U.S. (Renewal); 40 CFR parts 264, 265 and EPA, Transportation and Regional Withdrawn and Continue 270; was approved on 08/20/2009; OMB Programs Division, Mailcode 6405J, U.S. Number 2050–0120; expires on 08/31/ EPA ICR Number 2297.01; Use of EPA, 1200 Pennsylvania Ave., NW., 2012; Approved without change. Consumer Research in Developing Washington, DC 20460; 202–343–9653; EPA ICR Number 1617.06; Servicing Improved Labeling for Pesticide e-mail: [email protected]. of Motor Vehicle Air Conditioners Products; Withdrawn from OMB on 08/ Background on the work of the (Renewal); 40 CFR 82.30; was approved 03/2009. Subcommittee is available at: http:// on 08/27/2009; OMB Number 2060– Dated: September 2, 2009. www.epa.gov/air/caaac/ _ 0247; expires on 08/31/2012; Approved John Moses, mobile sources.html. Individuals or without change. Director, Collections Strategies Division. organizations wishing to provide comments to the Subcommittee should EPA ICR Number 1613.03; Data [FR Doc. E9–21710 Filed 9–8–09; 8:45 am] Reporting Requirements for State and submit them to Mr. Guy at the address BILLING CODE 6560–50–P Local Vehicle Emission Inspection and above by September 30, 2009. The Maintenance (I/M) Programs (Renewal); Subcommittee expects that public 40 CFR part 51, subpart S; was approved ENVIRONMENTAL PROTECTION statements presented at its meetings will on 08/27/2009; OMB Number 2060– AGENCY not be repetitive of previously 0252; expires on 08/31/2012; Approved submitted oral or written statements. without change. [FRL–8954–8] SUPPLEMENTARY INFORMATION: During the meeting, the Subcommittee may also EPA ICR Number 0783.54; Motor Meeting of the Mobile Sources hear progress reports from some of its Vehicle Emissions and Fuel Economy Technical Review Subcommittee Compliance: Light Duty Vehicles, Light workgroups as well as updates and Duty Trucks, and Highway Motorcycles AGENCY: Environmental Protection announcements on activities of general (Renewal); 40 CFR part 600; 40 CFR part Agency (EPA). interest to attendees. 86, subparts E and F; 40 CFR 86.1845– ACTION: Notice of meeting. For Individuals with Disabilities: For 86.1848; 40 CFR parts 85 and 86; 40 information on access or services for CFR 85.1901–85.1908; was approved on SUMMARY: Pursuant to the Federal individuals with disabilities, please 08/31/2009; OMB Number 2060–0104; Advisory Committee Act, Public Law contact Mr. Guy or Ms. Jackson (see expires on 08/31/2012; Approved 92–463, notice is hereby given that the above). To request accommodation of a without change. Mobile Sources Technical Review disability, please contact Mr. Guy or Ms. EPA ICR Number 0152.09; Notice of Subcommittee (MSTRS) will meet in Jackson, preferably at least 10 days prior Arrival of Pesticides and Devices October 2009. The MSTRS is a to the meeting, to give EPA as much (FIFRA); 19 CFR 12.112; was approved subcommittee under the Clean Air Act time as possible to process your request. Advisory Committee. This is an open on 08/31/2009; OMB Number 2070– Dated: September 2, 2009. meeting. The meeting will include 0020; expires on 08/31/2012; Approved Lori Stewart, without change. discussion of current topics and presentations about activities being Acting Director, Office of Transportation and Comment Filed conducted by EPA’s Office of Air Quality. [FR Doc. E9–21709 Filed 9–8–09; 8:45 am] EPA ICR Number 2352.01; NESHAP Transportation and Air Quality. The for Asphalt Processing and Asphalt preliminary agenda for the meeting and BILLING CODE 6560–50–P Roofing Manufacturing; in 40 CFR part any notices about change in venue will be posted on the Subcommittee’s Web 63, subpart AAAAAA; OMB filed ENVIRONMENTAL PROTECTION comment on 08/11/2009. site: http://www.epa.gov/air/caaac/ _ AGENCY EPA ICR Number 2354.01; National mobile sources.html. MSTRS listserver Emission Standards for Hazardous Air subscribers will receive notification [EPA–HQ–ORD–2009–0688; FRL–8954–5] Pollutants for Area Sources: Prepared when the agenda is available on the Board of Scientific Counselors, Feeds Manufacturing; in 40 CFR part 63, Subcommittee Web site. To subscribe to Computational Toxicology subpart DDDDDDD; OMB filed comment the MSTRS listserver, send a blank e- Subcommittee Meetings—Fall 2009 on 08/18/2009. mail to [email protected]. EPA ICR Number 2356.01; NESHAP DATES: Tuesday October 6, 2009 from 9 AGENCY: Environmental Protection for Chemical Preparations Industry; in a.m. to 5 p.m.. Registration begins at Agency (EPA). 40 CFR part 63, subpart BBBBBBB; 8:30 a.m. ACTION: Notice of meetings. OMB filed comment on 08/18/2009. ADDRESSES: The meeting will be held at EPA ICR Number 2321.01; Waste the Crystal Gateway Marriott Hotel, SUMMARY: Pursuant to the Federal Energy Recovery Registry (Proposed 1700 Jefferson Davis Highway, Advisory Committee Act, Public Law Rule); in 40 CFR part 1200; OMB filed Arlington, VA 22201, Phone 703–920– 92–463, the Environmental Protection comment on 08/17/2009. 3230. The hotel is located near the Agency, Office of Research and EPA ICR Number 2358.01; Nitrogen Crystal City Metro Station and is a short Development (ORD), gives notice of two Oxides Ambient Air Monitoring cab ride from Reagan National Airport. meetings of the Board of Scientific (Proposed Rule); in 40 CFR part 58; FOR FURTHER INFORMATION CONTACT: Counselors (BOSC) Computational OMB filed comment on 08/17/2009. For technical information: John Guy, Toxicology Subcommittee. Designated Federal Officer, DATES: The first meeting (via Disapproved Transportation and Regional Programs teleconference) will be held on Friday, EPA ICR Number 2299.01; Tribal Division, Mailcode 6403J, U.S. EPA, September 25, 2009, from 12 noon to 1 Capacity: Determining the Capability to 1200 Pennsylvania Ave., NW., p.m. The second meeting (face-to-face) Participate in the National Washington, DC 20460; Ph: 202–343– will take place on Tuesday, September Environmental Information Exchange 9276; e-mail: [email protected]. 29, 2009, from 12:30 p.m. to 6:15 p.m.,

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and continue on Wednesday, September consider to be CBI or otherwise General Information 30, 2009 from 8 a.m. to 3:30 p.m. All protected through http:// Any member of the public interested times noted are Eastern time. The www.regulations.gov or e-mail. The in receiving a draft BOSC agenda or meetings may adjourn early if all http://www.regulations.gov Web site is making a presentation at the meetings business is finished. Requests for the an ‘‘anonymous access’’ system, which may contact Lorelei Kowalski, the draft agenda or for making oral means EPA will not know your identity Designated Federal Officer, via any of presentations at the meetings will be or contact information unless you the contact methods listed in the FOR provide it in the body of your comment. accepted up to one business day before FURTHER INFORMATION CONTACT section each meeting. If you send an e-mail comment directly above. In general, each individual ADDRESSES: Participation in the to EPA without going through http:// making an oral presentation will be conference call will be by www.regulations.gov, your e-mail limited to a total of three minutes. teleconference only—meeting rooms address will be automatically captured Proposed agenda items for the will not be used. Members of the public and included as part of the comment meetings include, but are not limited to: may obtain the call-in number and that is placed in the public docket and teleconference: introduction to ORD and access code for the call from Lorelei made available on the Internet. If you the National Center for Computational Kowalski, whose contact information is submit an electronic comment, EPA Toxicology (for new subcommittee listed under the FOR FURTHER recommends that you include your members); discussion of the draft charge INFORMATION CONTACT section of this name and other contact information in for the review; and preparation for the notice. the body of your comment and with any face-to-face meeting; face-to-face The face-to-face meeting will be held disk or CD–ROM you submit. If EPA meeting: overview, update, and at the Hilton Raleigh-Durham Airport at cannot read your comment due to testimonials on the Computational Research Triangle Park, 4810 Page Creek technical difficulties and cannot contact Toxicology Research Program; poster Lane, Durham, North Carolina 27703. you for clarification, EPA may not be sessions, including posters on Submit your comments, identified by able to consider your comment. informatics, exposure science, high Docket ID No. EPA–HQ–ORD–2009– Electronic files should avoid the use of throughput screening, toxicity 0688, by one of the following methods: special characters, any form of predictions, virtual tissues, and • http://www.regulations.gov: Follow encryption, and be free of any defects or uncertainty analysis; and discussion of the online instructions for submitting viruses. For additional information the draft letter report. The meetings are comments. about EPA’s public docket visit the EPA open to the public. • E-mail: Send comments by Docket Center homepage at http:// Information on Services for electronic mail (e-mail) to: www.epa.gov/epahome/dockets.htm. Individuals with Disabilities: For Docket: All documents in the docket [email protected], Attention Docket information on access or services for are listed in the http:// ID No. EPA–HQ–ORD–2009–0688. individuals with disabilities, please www.regulations.gov index. Although • Fax: Fax comments to: (202) 566– contact Lorelei Kowalski at (202) 564– listed in the index, some information is 0224, Attention Docket ID No. EPA– 3408 or [email protected]. To not publicly available, e.g., CBI or other HQ–ORD–2009–0688. request accommodation of a disability, information whose disclosure is • Mail: Send comments by mail to: please contact Lorelei Kowalski, restricted by statute. Certain other Board of Scientific Counselors, preferably at least 10 days prior to the material, such as copyrighted material, Computational Toxicology meeting, to give EPA as much time as will be publicly available only in hard Subcommittee Meetings—Fall 2009 possible to process your request. copy. Publicly available docket Docket, Mailcode: 28221T, 1200 Dated: September 1, 2009. Pennsylvania Ave., NW., Washington, materials are available either Fred Hauchman, DC 20460, Attention Docket ID No. electronically in http:// EPA–HQ–ORD–2009–0688. www.regulations.gov or in hard copy at Director, Office of Science Policy. • Hand Delivery or Courier. Deliver the Board of Scientific Counselors, [FR Doc. E9–21714 Filed 9–8–09; 8:45 am] comments to: EPA Docket Center (EPA/ Computational Toxicology BILLING CODE 6560–50–P DC), Room B102, EPA West Building, Subcommittee Meetings—Fall 2009 1301 Constitution Avenue, NW., Docket, EPA/DC, EPA West, Room Washington, DC Attention Docket ID B102, 1301 Constitution Ave., NW., FEDERAL DEPOSIT INSURANCE No. EPA–HQ–ORD–2009–0688. Note: Washington, DC. The Public Reading CORPORATION This is not a mailing address. Such Room is open from 8:30 a.m. to 4:30 deliveries are only accepted during the p.m., Monday through Friday, excluding Agency Information Collection center’s normal hours of operation, and legal holidays. The telephone number Activities: Submission for OMB special arrangements should be made for the Public Reading Room is (202) Review; Comment Request for deliveries of boxed information. 566–1744, and the telephone number for the ORD Docket is (202) 566–1752. AGENCY: Federal Deposit Insurance Instructions: Direct your comments to Corporation (FDIC). Docket ID No. EPA–HQ–ORD–2009– FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via mail at: ACTION: Notice of information 0688. EPA’s policy is that all comments collections to be submitted to OMB for received will be included in the public Lorelei Kowalski, Mail Code 8104–R, Office of Science Policy, Office of review and approval under the docket without change and may be Paperwork Reduction Act of 1995. made available online at http:// Research and Development, www.regulations.gov, including any Environmental Protection Agency, 1200 SUMMARY: In accordance with the personal information provided, unless Pennsylvania Avenue, NW., requirements of the Paperwork the comment includes information Washington, DC 20460; via phone/voice Reduction Act of 1995 (44 U.S.C. claimed to be Confidential Business mail at: (202) 564–3408; via fax at: (202) chapter 35), the FDIC hereby gives Information (CBI) or other information 565–2911; or via e-mail at: notice that it plans to submit to the whose disclosure is restricted by statute. [email protected]. Office of Management and Budget Do not submit information that you SUPPLEMENTARY INFORMATION: (OMB) a request for OMB review and

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renewal of the collections of regulation or by order. The FDIC’s FEDERAL RESERVE SYSTEM information described below. implementing regulation for section 24 DATES: Comments must be submitted on is 12 CFR part 362. It details the Change in Bank Control Notices, or before October 9, 2009. activities that insured state nonmember Acquisition of Shares of Bank or Bank Holding Companies; Correction ADDRESSES: Interested parties are banks or their subsidiaries may engage invited to submit written comments to in, under certain criteria and conditions, This notice corrects a notice (FR Doc. the FDIC by any of the following and identifies the information that E9–21090 published on page 45450 of methods: banks must furnish to the FDIC in order the issue for Wednesday, September 2 • http://www.FDIC.gov/regulations/ to obtain the FDIC’s approval or non- 2009. laws/federal/notices.html. objection. Under the Federal Reserve Bank of St. • E-mail: [email protected]. 2. Title: Mutual-to-Stock Conversions Louis heading, the entry for Robert E. Include the name of the collection in the of State Savings Banks. Kirkland, Union City, Tennessee, is subject line of the message. revised to read as follows: • OMB Number: 3064–0117. Mail: Leneta G. Gregorie (202–898– A. Federal Reserve Bank of St. Louis 3719), Counsel, Room F–1064, Federal Form Numbers: None. (Glenda Wilson, Community Affairs Deposit Insurance Corporation, 550 17th Frequency of Response: On occasion. Officer) P.O. Box 442, St. Louis, Street, NW., Washington, DC 20429. Missouri 63166–2034: • Hand Delivery: Comments may be Affected Public: Insured State chartered savings banks that are not 1. Robert E. Kirkland, Union City, hand-delivered to the guard station at Tennessee, individually and as member the rear of the 17th Street Building members of the Federal Reserve System proposing to convert from mutual to of the Kirkland family control group, (located on F Street), on business days which consists of himself, REK, LP, stock form of ownership. between 7 a.m. and 5 p.m. Union City, Tennessee (Robert and All comments should refer to the Estimated Number of Respondents: Jenny Kirkland, as general partners); the relevant OMB control number. A copy 10. Christopher R. Kirkland Revocable Trust of the comments may also be submitted Estimated Time per Response: 50 (Christopher R. Kirkland, as trustee), to the OMB desk officer for the FDIC: hours. Brentwood, Tennessee; Bedford F. Office of Information and Regulatory Kirkland, Lebanon, Tennessee; and Total Annual Burden: 500 hours. Affairs, Office of Management and Macy Darnell Swensson, Cincinnati, Budget, New Executive Office Building, General Description of Collection: Ohio; to individually acquire voting Washington, DC 20503. Sections 303.161 and 333.4 of Title 12 shares of Community First Bancshares, FOR FURTHER INFORMATION CONTACT: of the Code of Federal Regulations Inc., Union City, Tennessee. In addition, Leneta Gregorie, at the address require State savings banks that are not the Kirkland family control group has identified above. members of the Federal Reserve System also applied to acquire voting shares of SUPPLEMENTARY INFORMATION: to file with the FDIC a notice of intent Community First Bancshares, Inc., Proposal to renew the following to convert to stock form and to provide Union City, Tennessee. currently approved collections of copies of documents filed with State Comments on this application must information: and Federal banking and/or securities be received by September 16, 2009. 1. Title: Activities and Investments of regulators in connection with the Board of Governors of the Federal Reserve Insured State Banks. proposed conversion. System, September 2, 2009. OMB Number: 3064–0111. Request for Comment Robert deV. Frierson, Form Numbers: None. Deputy Secretary of the Board. Frequency of Response: On occasion. Comments are invited on: (a) Whether Affected Public: Insured State [FR Doc. E9–21565 Filed 9–8–09; 8:45 am] the collection of information is BILLING CODE 6210–01–S nonmember banks. necessary for the proper performance of Estimated Number of Respondents: the FDIC’s functions, including whether 110. the information has practical utility; (b) FEDERAL RESERVE SYSTEM Estimated Time per Response: 8 the accuracy of the estimates of the hours. burden of the information collection, Formations of, Acquisitions by, and Total Annual Burden: 880 hours. Mergers of Bank Holding Companies General Description of Collection: including the validity of the With certain exceptions, section 24 of methodology and assumptions used; (c) The companies listed in this notice the FDI Act (12 U.S.C. 1831a) limits the ways to enhance the quality, utility, and have applied to the Board for approval, direct equity investments of state clarity of the information to be pursuant to the Bank Holding Company chartered banks to equity investments collected; and (d) ways to minimize the Act of 1956 (12 U.S.C. 1841 et seq.) that are permissible for national banks. burden of the information collection on (BHC Act), Regulation Y (12 CFR Part In addition, the statute prohibits an respondents, including through the use 225), and all other applicable statutes insured state bank from directly of automated collection techniques or and regulations to become a bank engaging as principal in any activity other forms of information technology. holding company and/or to acquire the that is not permissible for a national All comments will become a matter of assets or the ownership of, control of, or bank or indirectly through a subsidiary public record. the power to vote shares of a bank or in an activity that is not permissible for Dated at Washington, DC, this 2nd day of bank holding company and all of the a subsidiary of a national bank unless September, 2009. banks and nonbanking companies the bank meets its minimum capital Federal Deposit Insurance Corporation. owned by the bank holding company, requirements and the FDIC determines including the companies listed below. that the activity does not pose Robert E. Feldman, The applications listed below, as well significant risk to the Deposit Insurance Executive Secretary. as other related filings required by the Fund. The FDIC can make such a [FR Doc. E9–21689 Filed 9–8–09; 8:45 am] Board, are available for immediate determination for exception by BILLING CODE 6714–01–P inspection at the Federal Reserve Bank

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indicated. The applications also will be Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve available for inspection at the offices of System, September 2, 2009. System, September 2, 2009. the Board of Governors. Interested Robert deV. Frierson, Robert deV. Frierson, persons may express their views in Deputy Secretary of the Board. Deputy Secretary of the Board. writing on the standards enumerated in [FR Doc. E9–21564 Filed 9–8–09; 8:45 am] [FR Doc. E9–21563 Filed 9–8–09; 8:45 am] BILLING CODE 6210–01–S the BHC Act (12 U.S.C. 1842(c)). If the BILLING CODE 6210–01–S proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the FEDERAL RESERVE SYSTEM FEDERAL MARITIME COMMISSION nonbanking company complies with the Notice of Agreements Filed standards in section 4 of the BHC Act Notice of Proposals to Engage in (12 U.S.C. 1843). Unless otherwise Permissible Nonbanking Activities or The Commission hereby gives notice noted, nonbanking activities will be to Acquire Companies that are of the filing of the following agreements conducted throughout the United States. Engaged in Permissible Nonbanking under the Shipping Act of 1984. Additional information on all bank Activities Interested parties may submit comments holding companies may be obtained on the agreements to the Secretary, from the National Information Center The companies listed in this notice Federal Maritime Commission, website at www.ffiec.gov/nic/. have given notice under section 4 of the Washington, DC 20573, within ten days Bank Holding Company Act (12 U.S.C. of the date this notice appears in the Unless otherwise noted, comments 1843) (BHC Act) and Regulation Y (12 Federal Register. Copies of the regarding each of these applications CFR Part 225) to engage de novo, or to agreements are available through the must be received at the Reserve Bank acquire or control voting securities or Commission’s Web site (http:// indicated or the offices of the Board of assets of a company, including the www.fmc.gov) or by contacting the Governors not later than October 2, companies listed below, that engages Office of Agreements at (202)–523–5793 2009. either directly or through a subsidiary or or [email protected]. A. Federal Reserve Bank of other company, in a nonbanking activity Agreement No.: 010977–062. Title: Hispaniola Discussion Richmond (A. Linwood Gill, III, Vice that is listed in § 225.28 of Regulation Y President) 701 East Byrd Street, Agreement. (12 CFR 225.28) or that the Board has Parties: Crowley Liner Services, and Richmond, Virginia 23261–4528: determined by Order to be closely Seaboard Marine Ltd. 1. CapGen Capital Group III LLC, and related to banking and permissible for Filing Party: Wayne R. Rohde, Esq.; CapGen Capital Group III LP, both of bank holding companies. Unless Sher & Blackwell; 1850 M Street, NW.; New York, New York; to become bank otherwise noted, these activities will be Suite 900; Washington, DC 20036. holding companies by acquiring 10.2 conducted throughout the United States. Synopsis: The amendment deletes percent of the voting shares of Seacoast Each notice is available for inspection Tropical Shipping and Construction Co., Banking Corporation of Florida, and at the Federal Reserve Bank indicated. Ltd. as a party to the agreement. Agreement No.: 011279–026. thereby indirectly acquire voting shares The notice also will be available for of Seacoast National Bank, both of Title: Latin America Agreement. inspection at the offices of the Board of Parties: ABC Discussion Agreement; Staurt, Florida. Governors. Interested persons may Caribbean Shipowners Association; B. Federal Reserve Bank of Atlanta express their views in writing on the Central America Discussion Agreement; (Steve Foley, Vice President) 1000 question whether the proposal complies Compania Libra de Navegacion Uruguay Peachtree Street, N.E., Atlanta, Georgia with the standards of section 4 of the S.A..; Hispaniola Discussion Agreement; 30309: BHC Act. Additional information on all Inland Shipping Services Association; 1. Banco de Sabadell, S.A., Sabadell, bank holding companies may be Venezuelan Discussion Agreement; Spain; has applied to acquire 100 obtained from the National Information West Coast of South America Discussion percent of the voting shares of Mellon Center website at www.ffiec.gov/nic/. Agreement; and Zim Integrated United National Bank, Miami, Florida. Unless otherwise noted, comments Shipping Services, Ltd. Filing Party: Wayne R. Rohde, Esq.; regarding the applications must be 2. RMB Holdings, LLC, and ATB Sher & Blackwell LLP; 1850 M Street, received at the Reserve Bank indicated Management, LLC, both of Birmingham, NW.; Suite 900; Washington, DC 20036. Alabama; to acquire up to 35.45 percent or the offices of the Board of Governors Synopsis: The amendment updates of the voting shares of Americus not later than September 22, 2009. the membership of the various Financial Services, Inc., and thereby A. Federal Reserve Bank of New underlying parties. indirectly acquire voting shares of Red York (Ivan Hurwitz, Bank Applications Agreement No.: 012077. Mountain Bank, N.A., both of Officer) 33 Liberty Street, New York, Title: APL/Maersk Line Reciprocal Birmingham, Alabama. New York 10045–0001: Space Charter Agreement. Parties: American President Lines, C. Federal Reserve Bank of 1. Banco do Brasil, S.A., Brasilia, Ltd.; APL Co. Pte, Ltd.; and A.P. Moller Minneapolis (Jacqueline G. King, Brazil, and Caixa de Previdencia dos Maersk A/S. Community Affairs Officer) 90 Funcionarios do Banco do Brasil, Rio De Filing Party: Eric. C. Jeffrey, Esq.; Hennepin Avenue, Minneapolis, Janiero, Brazil; to engage in securities Counsel for APL; Goodwin Procter LLP; Minnesota 55480–0291: brokerage activities in the United States 901 New York Avenue, NW., 1. Klein Financial, Inc., Chaska, through Banco Votorantim Securities, Washington, DC 20001. Minnesota; has applied to acquire 100 Inc., Sao Paulo, Brazil, pursuant to Synopsis: The agreement would percent of the voting shares of sections 225.28(b)(6)(ii); (b)(6)(iii); authorize the parties to charter space to each other in the trade between the Community Bank Plymouth, Plymouth, (b)(6)(iv); (b)(7)(i); (b)(7)(ii); (b)(7)(iii) United States East Coast and Guatemala Minnesota. and (b)(7)(v) of Regulation Y. and Honduras.

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By Order of the Federal Maritime part 515, effective on the corresponding Reason: Failed to maintain a valid bond. Commission. date shown below: Sandra L. Kusumoto, Dated: September 3, 2009. License Number: 018529F. Director, Bureau of Certification and Tanga S. FitzGibbon, Name: Egbert Sylvester Jeffers dba Eggi’s Licensing. Assistant Secretary. Express Shipping. [FR Doc. E9–21678 Filed 9–8–09; 8:45 am] [FR Doc. E9–21681 Filed 9–8–09; 8:45 am] Address: 1004 Halsey Street, Brooklyn, BILLING CODE 6730–01–P BILLING CODE 6730–01–P NY 11207. Date Revoked: August 27, 2009. Reason: Failed to maintain a valid bond. FEDERAL MARITIME COMMISSION FEDERAL MARITIME COMMISSION License Number: 020818N. Ocean Transportation Intermediary Ocean Transportation Intermediary Name: Logistics Inc. dba Logistics W.W. License; Reissuances License; Revocations Inc. dba Infinity Freight Services. Address: 8621 Bellanca Ave., Ste. 104B, Notice is hereby given that the The Federal Maritime Commission Los Angeles, CA 90045. following Ocean Transportation hereby gives notice that the following Date Revoked: August 23, 2009. Intermediary licenses have been Ocean Transportation Intermediary reissued by the Federal Maritime Reason: Failed to maintain a valid bond. licenses have been revoked pursuant to Commission pursuant to section 19 of section 19 of the Shipping Act of 1984 License Number: 020141N. the Shipping Act of 1984 (46 U.S.C. (46 U.S.C. Chapter 409) and the Name: Vanguard International, Inc. Chapter 409) and the regulations of the regulations of the Commission Address: 117 Lakewood Circle, San Commission pertaining to the licensing pertaining to the licensing of Ocean Mateo, CA 94402. of Ocean Transportation Intermediaries, Transportation Intermediaries, 46 CFR Date Revoked: August 27, 2009. 46 CFR part 515.

License No. Name/Address Date reissued

018606N ...... All Merit Express, Inc., 19702 Miguel Ave., Cerritos, CA 90703 ...... August 17, 2009. 016258N ...... International Freight Consolidators, Inc., 1160 N.W. 21st Terrace, Miami, FL 33127 ...... July 30, 2009.

Sandra L. Kusumoto, Officer: Nchekwube O. Udeze, COO (Qualifying Individual), Director, Bureau of Certification and President (Qualifying Individual). Andrew Redman, CEO. Licensing. Oceanbridge Logistics, Inc., 9080 New York Logistic Services, Inc., dba Telstar Ave., Ste. 329, El Monte, CA [FR Doc. E9–21679 Filed 9–8–09; 8:45 am] Global American Line, 3470 Rand 91731. Officers: Xinyu Aka Mike BILLING CODE 6730–01–P Road, South Plainfield, NJ 07080. Chen, President (Qualifying Officers: Ali Wajid, Sr. Vice Individual), Ying Chen, Secretary. FEDERAL MARITIME COMMISSION WWT America LLC, 730 Del Oro President, Hussaini Syed Hamid, Drive, Safety Harbor, FL 34695. CEO, Maati Mohamed Abouel, Ocean Transportation Intermediary Officer: Carlos F. Diaz, Member President (Qualifying Individuals). License; Applicants (Qualifying Individual). Ocean Freight Forwarder—Ocean Expedia Shippers & Logistics, Inc., Notice is hereby given that the Transportation Intermediary 331 West 57th Street, Ste. 270, New following applicants have filed with the Applicants: York, NY 10019. Officer: Carlito Federal Maritime Commission an CJ GLS America, Inc., 5801 S. Malt Deleon, President (Qualifying application for license as a Non-Vessel- Individual). Ave., Commerce, CA 90040. Officer: Operating Common Carrier and Ocean Non-Vessel-Operating Common Carrier Shung Chul Jhun, Secretary Freight Forwarder—Ocean and Ocean Freight Forwarder (Qualifying Individual), Choon W. Transportation Intermediary pursuant to Transportation Intermediary Leem, Chairman. section 19 of the Shipping Act of 1984 Applicants: Streamline Logistics Limited Liability as amended (46 U.S.C. Chapter 409 and Continental Shipping Group, Inc., 670 Company, 2025 E. Linden Ave., 46 CFR part 515). S. 21st Street, Irvington, NJ 07111. Linden, NJ 07035. Officer: Damian Persons knowing of any reason why Officer: Katarzyna Strojwas, Vice the following applicants should not C. Mbadugha, Member (Qualifying President (Qualifying Individual). Individual). receive a license are requested to RLE International, Inc., 10101 Easy contact the Office of Transportation Bay Harbor Drive, Ste. 608, Bay Falcon Global Edge, Inc., 88 Black Intermediaries, Federal Maritime Harbor, FL 33154. Officers: Ligia Falcon Ave., Ste. 315, Boston, MA Commission, Washington, DC 20573. Estrada, President (Qualifying 02210. Officer: Gary Erickson, Dir. Non-Vessel-Operating Common Carrier Individual), Rene J. Perez, Vice Of Marine Operations (Qualifying Ocean Transportation Intermediary President. Individual). Applicants: Beagle Shipping Inc., 2801 Northwest Dated: September 3, 2009. Waterview Logistics LLC, 2948 Shore 74th Ave., Ste. N–12, Miami, FL Tanga S. FitzGibbon, Drive, Merrick, NY 11566. Officers: 33122. Officers: Marilyn Gutierrez, Thomas Leibman, Managing Corporate Secretary (Qualifying Assistant Secretary. Member (Qualifying Individual), Individual), Ricardo J. Tovar, [FR Doc. E9–21683 Filed 9–8–09; 8:45 am] Joshua Liebman, Member. President. BILLING CODE 6730–01–P Acher and Chex International, LLC Above & Beyond Freight Management, dba A & C International, 123 Polaris LLC, 600 Bayview Ave., Inwood, Drive, Walkersville, MD 21793. NY 11096. Officers: Patricia E. Noll,

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FEDERAL MARITIME COMMISSION www.regulations.gov. Submit written U.S.C. 4321–4347) states national comments on the collection of environmental objectives and imposes Ocean Transportation Intermediary information to the Division of Dockets upon each Federal agency the duty to License; Rescission of Order of Management (HFA–305), Food and Drug consider the environmental effects of its Revocation Administration, 5630 Fishers Lane, rm. actions. Section 102(2)(C) of NEPA 1061, Rockville, MD 20852. All requires the preparation of an Notice is hereby given that the Order comments should be identified with the environmental impact statement (EIS) revoking the following license is being docket number found in brackets in the for every major Federal action that will rescinded by the Federal Maritime heading of this document. significantly affect the quality of the Commission pursuant to section 19 of human environment. The FDA NEPA the Shipping Act of 1984 (46 U.S.C. FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of regulations are in part 25 (21 CFR part Chapter 409) and the regulations of the 25). All applications or petitions Commission pertaining to the licensing Information Management (HFA–710), Food and Drug Administration, 5600 requesting agency action require the of Ocean Transportation Intermediaries, submission of a claim for a categorical 46 CFR part 515. Fishers Lane, Rockville, MD 20857, 301–796–3792. exclusion or an environmental License Number: 019597N. assessment (EA). A categorical SUPPLEMENTARY INFORMATION: Under the Name: United Cargo International, exclusion applies to certain classes of PRA (44 U.S.C. 3501–3520), Federal Inc. FDA-regulated actions that usually have agencies must obtain approval from the Address: 30998 Huntwood Ave., #106 little or no potential to cause significant Office of Management and Budget Hayward, CA 94544. environmental effects and are excluded (OMB) for each collection of Order Published: FR: 07/29/09 from the requirements to prepare an EA (Volume 74, No. 144, Pg. 37711). information they conduct or sponsor. or EIS. Section 25.15(a) and (d) specifies ‘‘Collection of information’’ is defined Sandra L. Kusumoto, the procedures for submitting to FDA a in 44 U.S.C. 3502(3) and 5 CFR claim for a categorical exclusion. Director, Bureau of Certification and 1320.3(c) and includes agency requests Licensing. Extraordinary circumstances (§ 25.21), or requirements that members of the which may result in significant [FR Doc. E9–21680 Filed 9–8–09; 8:45 am] public submit reports, keep records, or BILLING CODE 6730–01–P environmental impacts, may exist for provide information to a third party. some actions that are usually Section 3506(c)(2)(A) of the PRA (44 categorically excluded. An EA provides U.S.C. 3506(c)(2)(A)) requires Federal information that is used to determine DEPARTMENT OF HEALTH AND agencies to provide a 60-day notice in HUMAN SERVICES whether an FDA action could result in the Federal Register concerning each a significant environmental impact. proposed collection of information, Food and Drug Administration Section 25.40(a) and (c) specifies the including each proposed extension of an content requirements for EAs for [Docket No. FDA–2009–N–0372] existing collection of information, nonexcluded actions. before submitting the collection to OMB This collection of information is used Agency Information Collection for approval. To comply with this by FDA to assess the environmental Activities; Proposed Collection; requirement, FDA is publishing notice impact of agency actions and to ensure Comment Request; Environmental of the proposed collection of that the public is informed of Impact Considerations information set forth in this document. environmental analyses. Firms wishing With respect to the following AGENCY: Food and Drug Administration, to manufacture and market substances HHS. collection of information, FDA invites regulated under statutes for which FDA comments on these topics: (1) Whether is responsible must, in most instances, ACTION: Notice. the proposed collection of information submit applications requesting SUMMARY: The Food and Drug is necessary for the proper performance approval. Environmental information Administration (FDA) is announcing an of FDA’s functions, including whether must be included in such applications opportunity for public comment on the the information will have practical for the purpose of determining whether proposed collection of certain utility; (2) the accuracy of FDA’s the proposed action may have a information by the agency. Under the estimate of the burden of the proposed significant impact on the environment. Paperwork Reduction Act of 1995 (the collection of information, including the Where significant adverse effects cannot PRA), Federal agencies are required to validity of the methodology and be avoided, the agency uses the publish notice in the Federal Register assumptions used; (3) ways to enhance submitted information as the basis for concerning each proposed collection of the quality, utility, and clarity of the preparing and circulating to the public information, including each proposed information to be collected; and (4) an EIS, made available through a extension of an existing collection of ways to minimize the burden of the Federal Register document also filed for information, and to allow 60 days for collection of information on comment at the Environmental public comment in response to the respondents, including through the use Protection Agency. The final EIS, notice. This notice solicits comments on of automated collection techniques, including the comments received, is the information collection contained in when appropriate, and other forms of reviewed by the agency to weigh FDA regulations entitled information technology. environmental costs and benefits in determining whether to pursue the ‘‘Environmental Impact Environmental Impact proposed action or some alternative that Considerations.’’ Considerations—21 CFR Part 25 (OMB would reduce expected environmental Control Number 0910–0322)—Extension DATES: Submit written or electronic impact. comments on the collection of FDA is requesting OMB approval for Any final EIS would contain information by November 9, 2009. the reporting requirements contained in additional information gathered by the ADDRESSES: Submit electronic the FDA regulation ‘‘Environmental agency’s after the publication of the comments on the collection of Impact Considerations.’’ The National draft EIS, a copy of or a summary of the information to http:// Environmental Policy Act (NEPA) (42 comments received on the draft EIS, and

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the agency’s responses to the comments, 314.94(a)(9)(i), each investigational new applicants. FDA estimates that it including any revisions resulting from drug application (IND), new drug receives approximately 10,689 claims the comments or other information. application (NDA), and abbreviated new for categorical exclusions as required When the agency finds that no drug application (ANDA) must contain under § 25.15(a) and (d), and 20 EAs as significant environmental effects are a claim for categorical exclusion under required under § 25.40(a) and (c). Based expected, the agency prepares a finding § 25.30 or § 25.31 or an EA under on information provided by the of no significant impact (FONSI). § 25.40. In 2008, FDA received 2,550 pharmaceutical industry, FDA estimates INDs from 2,026 sponsors; 106 NDAs Estimated Annual Reporting Burden for that it takes sponsors or applicants from 88 applicants; 2,856 supplements approximately 8 hours to prepare a Human Drugs (including biologics in the to NDAs from 615 applicants; 13 claim for a categorical exclusion and Center for Drug Evaluation and biologics license applications (BLAs) approximately 3,400 hours to prepare an Research) from 9 applicants; 206 supplements to EA. Under § 312.23(a)(7)(iv)(e) (21 CFR BLAs from 64 applicants; 835 ANDAs 312.23(a)(7)(iv)(e)), 21 CFR from 165 applicants; and 4,143 FDA estimates the burden of this 314.50(d)(1)(iii), and 21 CFR supplements to ANDAs from 224 collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN DRUGS1

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

25.15(a) and (d) 3,171 3.37 10,686 8 85,488

25.40(a) and (c) 20 1 20 3,400 68,000

Total 153,488 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Estimated Annual Reporting Burden for contact notification (FCN) for a food § 25.15(a) and (d), and 45 EAs as Human Foods contact substance must contain either a required under § 25.40(a) and (c). FDA claim of categorical exclusion under estimates that, on average, it takes Under 21 CFR 71.1, 171.1, 170.39, and § 25.30 or § 25.32, or an EA under petitioners, notifiers, or requestors 170.100, food additive petitions, color § 25.40. In 2008, FDA received 112 approximately 3 hours to prepare a additive petitions, requests for industry submissions. FDA received an claim of categorical exclusion and exemption from regulation as a food annual average of 67 claims of approximately 210 hours to prepare an additive, and submission of a food categorical exclusions as required under EA.

TABLE 2.—ESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN FOODS1

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

25.15(a) and (d) 40 1.7 68 3 204

25.40(a) and (c) 24 1.9 45 210 9,450

Total 9,654 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Estimated Annual Reporting Burden for § 25.30 or § 25.34 or an EA under § 25.40(a) and (c). Based on information Medical Devices § 25.40. In 2008, FDA received provided by less than 10 sponsors, FDA Under 21 CFR 814.20(b)(11), approximately 39 claims (original PMAs estimates that it takes approximately 6 premarket approvals (PMAs) (original and supplements) for categorical hours to prepare a claim for a PMAs and supplements) must contain a exclusions as required under § 25.15(a) categorical exclusion and an unknown claim for categorical exclusion under and (d), and 0 EAs as required under number of hours to prepare an EA.

TABLE 3.—ESTIMATED ANNUAL REPORTING BURDEN FOR MEDICAL DEVICES1

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

25.15(a) and (d) 39 1 39 6 234

25.40(a) and (c) 1 1 1 1 1

Total 235 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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Estimated Annual Reporting Burden for from 180 sponsors, 28 BLAs from 13 exclusion as required under § 25.15(a) Biological Products in the Center for applicants, and 972 BLA supplements to and (d), and 2 EAs as required under Biologics Evaluation and Research license applications from 173 § 25.40(a) and (c). Based on information applicants. FDA estimates that provided by industry, FDA estimates Under § 312.23(a)(7)(iv)(e) and approximately 10 percent of these that it takes sponsors and applicants 601.2(a), INDs and BLAs must contain a supplements would be submitted with a approximately 8 hours to prepare a claim for categorical exclusion under claim for categorical exclusion or an EA. claim for categorical exclusion and § 25.30 or § 25.31 or an EA under FDA estimates that it received approximately 3,400 hours to prepare an § 25.40. In 2008, FDA received 245 INDs approximately 370 claims for categorical EA for a biological product.

TABLE 4.—ESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICAL PRODUCTS1

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

25.15(a) and (d) 210 1.76 370 8 2,960

25.40(a) and (c) 2 1 2 3,400 6,800

Total 9,760 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Estimated Annual Reporting Burden for ANADAs; 21 CFR 511.1(b)(10) approximately 676 claims for categorical Animal Drugs investigational new animal drug exclusion as required under § 25.15(a) applications (INADs); and 21 CFR and (d), and 8 EAs as required under Under 21 CFR 514.1(b)(14), new 571.1(c) food additive petitions must § 25.40(a) and (c). FDA estimates that it animal drug applications (NADAs) and contain a claim for categorical exclusion takes sponsors/applicants abbreviated new animal drug under § 25.30 or § 25.33 or an EA under approximately 5 hours to prepare a applications (ANADAs); 21 CFR § 25.40. In 2008, FDA’s Center for claim for a categorical exclusion and an 514.8(a)(1) supplemental NADAs and Veterinary Medicine received average of 2,160 hours to prepare an EA.

TABLE 5.—ESTIMATED ANNUAL REPORTING BURDEN FOR ANIMAL DRUGS1

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

25.15(a) and (d) 65 10.4 676 5 3,380

25.40(a) and (c) 6 1.3 8 2,160 17,280

Total 20,660 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 6.—COMBINED ESTIMATED ANNUAL TOTAL BURDEN HOURS FOR ALL CENTERS

Total 193,797

Dated: August 28, 2009. DEPARTMENT OF HEALTH AND and Human Services, is publishing the David Horowitz, HUMAN SERVICES following summary of proposed Assistant Commissioner for Policy. collections for public comment. Centers for Medicare and Medicaid [FR Doc. E9–21724 Filed 9–8–09; 8:45 am] Interested persons are invited to send Services BILLING CODE 4160–01–S comments regarding this burden estimate or any other aspect of this [Document Identifier: CMS–10295] collection of information, including any Emergency Clearance: Public of the following subjects: (1) The Information Collection Requirements necessity and utility of the proposed Submitted to the Office of Management information collection for the proper and Budget (OMB) performance of the agency’s functions; (2) the accuracy of the estimated AGENCY: Center for Medicare and burden; (3) ways to enhance the quality, Medicaid Services, Department of utility, and clarity of the information to Health and Human Services. be collected; and (4) the use of In compliance with the requirement automated collection techniques or of section 3506(c)(2)(A) of the other forms of information technology to Paperwork Reduction Act of 1995, the minimize the information collection Centers for Medicare and Medicaid burden. Services (CMS), Department of Health

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We are, however, requesting an address, phone number, OMB number, Papillomaviruses.’’ FDA is issuing this emergency review of the information and CMS document identifier, to draft guidance to inform industry and collection referenced below. In [email protected], or call the agency staff of its recommendations for compliance with the requirement of Reports Clearance Office on (410) 786– analytical and clinical performance section 3506(c)(2)(A) of the Paperwork 1326. studies to support premarket Reduction Act of 1995, we have In commenting on the proposed submissions for in vitro diagnostic submitted to the Office of Management information collections please reference devices intended for the detection or and Budget (OMB) the following the document identifier or OMB control detection and differentiation of human requirements for emergency review. We number. To be assured consideration, papillomaviruses. are requesting emergency approval comments and recommendations must DATES: Although you can comment on under 5 CFR 1320.13(a)(2)(iii), as we be submitted in one of the following any guidance at any time (see 21 CFR believe that the use of normal clearance ways by October 9, 2009: 10.115 (g)(5)), to ensure that the agency procedures is reasonably likely to cause 1. Electronically. You may submit considers your comment on this draft a statutory deadline to be missed for your comments electronically to guidance before it begins work on the annual reports to Congress as required http://www.regulations.gov. Follow the final version of the guidance, submit under sections 5001 and 5004 of the instructions for ‘‘Comment or written or electronic comments on the Recovery Act. Submission’’ or ‘‘More Search Options’’ draft guidance by December 8, 2009. 1. Type of Information Collection to find the information collection ADDRESSES: Submit written requests for Request: New collection; Title of document(s) accepting comments. single copies of the draft guidance Information Collection: Recovery Act— 2. By regular mail. You may mail document entitled ‘‘Establishing the Reporting Requirements for States written comments to the following Performance Characteristics of In Vitro Under FMAP Increase and TMA address: CMS, Office of Strategic Diagnostic Devices for the Detection or Provisions; Use: The American Operations and Regulatory Affairs, Detection and Differentiation of Human Recovery and Reinvestment Act of 2009 Division of Regulations Development, Papillomaviruses’’ to the Division of (Recovery Act), Public Law 111–5, Attention: Document Identifier/OMB Small Manufacturers, International, and requires that States submit quarterly Control Number (CMS–10295), Room reports to the Secretary of Health and Consumer Assistance, Center for C4–26–05, 7500 Security Boulevard, Devices and Radiological Health, Food Human Services in accordance with Baltimore, Maryland 21244–1850. section 5001 Temporary Increase of and Drug Administration, 10903 New and, Medicaid Federal Medical Assistance Hampshire Ave., Bldg. 66, rm. 4613, Percentage (FMAP) and section 5004(d) OMB Office of Information and Silver Spring, MD 20993. Send one self- Extension of Transitional Medical Regulatory Affairs, Attention: CMS Desk addressed adhesive label to assist that Assistance (TMA). The reports under Officer, New Executive Office Building, office in processing your request, or fax section 5001 are required for the period Room 10235, Washington, DC 20503. your request to 301–847–8149. See the of October 1, 2008–September 30, 2011. Fax Number: (202) 395–6974. SUPPLEMENTARY INFORMATION The reports under section 5004 are Dated: August 31, 2009. section for information on electronic required beginning on July 1, 2009 until access to the guidance. Michelle Shortt, Submit written comments concerning the Federal authority for TMA coverage Director, Regulations Development Group, sunsets (now scheduled to sunset on this draft guidance to the Division of Office of Strategic Operations and Regulatory Dockets Management (HFA–305), Food December 31, 2010). Each State Affairs. Medicaid agency will submit its and Drug Administration, 5630 Fishers [FR Doc. E9–21674 Filed 9–8–09; 8:45 am] Lane, rm. 1061, Rockville, MD 20852. quarterly reports to the appropriate BILLING CODE 4120–01–P Regional Office of CMS. The reports will Submit electronic comments to http:// be compiled and summarized for annual www.regulations.gov. Identify comments with the docket number reports to Congress. Form Number: DEPARTMENT OF HEALTH AND found in brackets in the heading of this CMS–10295 (OMB#: 0938–New); HUMAN SERVICES Frequency: Reporting—Quarterly; document. Affected Public: State, Local, or Tribal Food and Drug Administration FOR FURTHER INFORMATION CONTACT: Kate Simon, Center for Devices and Governments; Number of Respondents: [Docket No. FDA–2009–D–0386] 50; Total Annual Responses: 200; Total Radiological Health, Food and Drug Annual Hours: 600. (For policy Draft Guidance for Industry and Food Administration, 10903 New Hampshire questions regarding this collection and Drug Administration Staff; Ave., Bldg. 66, rm. 5552, Silver Spring, contact Richard Strauss at 410–786– Establishing the Performance MD 20993, 301–796–6204. 2019. For all other issues call 410–786– Characteristics of In Vitro Diagnostic SUPPLEMENTARY INFORMATION: 1326.) Devices for the Detection or Detection I. Background CMS is requesting OMB review and and Differentiation of Human This draft guidance document approval of this collection by October 5, Papillomaviruses; Availability 2009, with a 180-day approval period. recommends studies that may be used to Written comments and recommendation AGENCY: Food and Drug Administration, establish the analytical and clinical will be considered from the public if HHS. performance of in vitro diagnostic received by the individuals designated ACTION: Notice. devices (IVDs) for the detection or below by the noted deadline below. detection and differentiation of human To obtain copies of the supporting SUMMARY: The Food and Drug papillomaviruses (HPV) in cervical statement and any related forms for the Administration (FDA) is announcing the specimens. This guidance is limited to proposed paperwork collections availability of the draft guidance studies intended to establish the referenced above, access CMS’s Web entitled ‘‘Establishing the Performance performance characteristics of in vitro Site address at http://www.cms.hhs.gov/ Characteristics of In Vitro Diagnostic diagnostic HPV devices that are used in PaperworkReductionActof1995 or E- Devices for the Detection or Detection conjunction with cervical cytology for mail your request, including your and Differentiation of Human cervical cancer screening. It does not

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address HPV devices that are intended submissions, Mammography Matters, availability of a guidance document to be used independent of a cervical and other device-oriented information. entitled ‘‘Questions and Answers cytology result. The CDRH Web site may be accessed at Regarding the Reportable Food Registry The one product code established for http://www.fda.gov/cdrh. A search as Established by the Food and Drug this HPV DNA detection device is code capability for all CDRH guidance Administration Amendments Act of MAQ, class III. The recommendations in documents is available at http:// 2007.’’ The document provides this guidance apply to HPV diagnostic www.fda.gov/cdrh/guidance.html. guidance to the industry in complying devices that detect HPV nucleic acid Guidance documents are also available with the Reportable Food Registry (not only HPV DNA, but HPV RNA, as at http://www.regulations.gov. requirements prescribed by the Food well). Many of the recommendations IV. Paperwork Reduction Act of 1995 and Drug Administration Amendments will also apply to HPV detection devices Act of 2007 (FDAAA). that utilize targets other than HPV This draft guidance refers to DATES: Submit written or electronic nucleic acid (such as HPV protein). This previously approved collections of comments on the guidance at any time. guidance therefore may encompass information found in FDA regulations ADDRESSES: Submit written requests for future HPV product codes beyond the and guidance documents. These single copies of the guidance to the one listed. Because HPV diagnostic collections of information are subject to Office of Food Defense, Communication devices are postamendment devices, review by the Office of Management and and Emergency Response (HFS–005), they are automatically classified as class Budget (OMB) under the Paperwork Center for Food Safety and Applied III under section 513(f)(1) of the Federal Reduction Act of 1995 (44 U.S.C. 3501– Nutrition, Food and Drug Food, Drug, and Cosmetic Act (21 U.S.C. 3520). The collections of information in Administration, 5100 Paint Branch 360c(f)(1)). 21 CFR part 814 have been approved under OMB Control No. 0910–0231; the Pkwy., College Park, MD 20740. Send II. Significance of Guidance collections of information in 21 CFR two self-addressed adhesive labels to This draft guidance is being issued part 812 have been approved under assist that office in processing your SUPPLEMENTARY consistent with FDA’s good guidance OMB Control No. 0910–0078; and the request. See the practices regulation (21 CFR 10.115). collections of information in 21 CFR INFORMATION section for electronic The draft guidance, when finalized will 809.10 have been approved under OMB access to the guidance. Submit written comments on the represent the agency’s current thinking Control No. 0910–0485. on establishing the performance guidance to the Division of Dockets characteristics of in vitro diagnostic V. Comments Management (HFA–305), Food and Drug devices for the detection or detection Interested persons may submit to the Administration, 5630 Fishers Lane, rm. and differentiation of human Division of Dockets Management (see 1061, Rockville, MD 20852. Submit papillomaviruses. It does not create or ADDRESSES), written or electronic electronic comments on the guidance to confer any rights for or on any person comments regarding this document. http://www.regulations.gov. and does not operate to bind FDA or the Submit a single copy of electronic FOR FURTHER INFORMATION CONTACT: Faye public. An alternative approach may be comments or two paper copies of any Feldstein, Center for Food Safety and used if such approach satisfies the mailed comments, except that Applied Nutrition (HFS–005), Food and requirements of the applicable statute individuals may submit one paper copy. Drug Administration, 5100 Paint Branch and regulations. Comments are to be identified with the Pkwy., College Park, MD 20740, 1–888– docket number found in brackets in the SAFEFOOD. III. Electronic Access heading of this document. Received SUPPLEMENTARY INFORMATION: Persons interested in obtaining a copy comments may be seen in the Division I. Background of the draft guidance may do so by using of Dockets Management between 9 a.m. the Internet. To receive ‘‘Establishing and 4 p.m., Monday through Friday. In the Federal Register of June 11, the Performance Characteristics of In 2009 (74 FR 27803), FDA announced the Dated: August 26, 2009. Vitro Diagnostic Devices for the availability of a draft guidance entitled Detection or Detection and Catherine M. Cook, ‘‘Questions and Answers Regarding the Differentiation of Human Associate Director for Regulations and Policy. Reportable Food Registry as Established Papillomaviruses,’’ you may either send [FR Doc. E9–21725 Filed 9–8–09; 8:45 am] by the Food and Drug Administration an e-mail request to [email protected] BILLING CODE 4160–01–S Amendments Act of 2007’’ and gave to receive an electronic copy of the interested parties an opportunity to document or send a fax request to 301– submit comments by July 27, 2009. The 847–8149 to receive a hard copy. Please DEPARTMENT OF HEALTH AND agency reviewed and evaluated these use the document number 1699 to HUMAN SERVICES comments and has modified the identify the guidance you are Food and Drug Administration guidance where appropriate. requesting. The guidance contains questions and CDRH maintains an entry on the [Docket No. FDA–2009–D–0260] answers intended to assist those parties Internet for easy access to information responsible for complying with the including text, graphics, and files that Guidance for Industry: Questions and Reportable Food Registry requirements may be downloaded to a personal Answers Regarding the Reportable prescribed by the Food and Drug computer with Internet access. Updated Food Registry as Established by the Administration Amendments Act of on a regular basis, the CDRH home page Food and Drug Administration 2007 (Public Law 110–085), including: includes device safety alerts, Federal Amendments Act of 2007; Availability (1) How, when, and where to submit Register reprints, information on AGENCY: Food and Drug Administration, reports to FDA; (2) who is required to premarket submissions (including lists HHS. submit reports to FDA; (3) what is of approved applications and ACTION: Notice. required to be submitted to FDA; and (4) manufacturers’ addresses), small what may be required when providing manufacturer’s assistance, information SUMMARY: The Food and Drug notifications to other persons in the on video conferencing and electronic Administration (FDA) is announcing the supply chain of an article of food.

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FDA is issuing this guidance as level ACTION: Notice. DEPARTMENT OF HEALTH AND 1 guidance consistent with FDA’s good HUMAN SERVICES guidance practices regulation (21 CFR The Food and Drug Administration 10.115). The guidance represents the (FDA) is announcing an amendment to Food and Drug Administration the notice of a meeting of the Oncologic agency’s current thinking on this topic. [Docket No. FDA–2009–N–0664] It does not create or confer any rights for Drugs Advisory Committee. This meeting was announced in the Federal or on any person and does not operate Cellular, Tissue and Gene Therapies Register of August 25, 2009 (74 FR to bind FDA or the public. An alternate Advisory Committee; Notice of Meeting approach may be used if such approach 42907). The amendment is being made satisfies the requirements of the to reflect a change in the Agenda AGENCY: Food and Drug Administration, applicable statutes and regulations. portion of the document. There are no HHS. other changes. ACTION: Notice. II. Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: This guidance contains information Nicole Vesely, Center for Drug This notice announces a forthcoming collection provisions that are subject to Evaluation and Research (HFD–21), meeting of a public advisory committee review by the Office of Management and Food and Drug Administration, 5600 of the Food and Drug Administration Budget (OMB) under the Paperwork Fishers Lane (for express delivery, 5630 (FDA). The meeting will be open to the Reduction Act of 1995 (44 U.S.C. 3501– Fishers Lane, rm. 1093), Rockville, MD public. 3520). The collections of information in 20857, 301–827–6793, FAX: 301–827– Name of Committee: Cellular, Tissue this guidance were approved under 6776, e-mail: [email protected], and Gene Therapies Advisory OMB Control Nos. 0910–0643 and or FDA Advisory Committee Committee. 0910–0645. This guidance also refers to Information Line, 1–800–741–8138 General Function of the Committee: previously approved collections of (301–443–0572 in the Washington, DC To provide advice and information found in FDA regulations. area), code 3014512542. Please call the recommendations to the agency on The collection of information in 21 CFR Information Line for up-to-date FDA’s regulatory issues. 7.46 has been approved under OMB information on this meeting. Date and Time: The meeting will be Control No. 0910–0249. SUPPLEMENTARY INFORMATION: In the held on October 9, 2009, from 8:30 a.m. to approximately 4:30 p.m. III. Comments Federal Register of August 25, 2009, FDA announced that a meeting of the Location: Bethesda Marriott, 5151 Interested persons may submit to the Oncologic Drugs Advisory Committee Pooks Hill Rd., Bethesda, MD. Contact Person: Gail Dapolito or Division of Dockets Management (see would be held on October 6, 2009. On Danielle Cubbage, Center for Biologics ADDRESSES) written or electronic page 42907, in the second column, the Evaluation and Research (HFM–71), comments regarding this document. Agenda portion of the document is Food and Drug Administration, 1401 Submit a single copy of electronic changed to read as follows: comments or two paper copies of any Agenda: The committee will discuss Rockville Pike, Rockville, MD 20853, mailed comments, except that new drug application (NDA) 021–825, 301–827–1289, or FDA Advisory individuals may submit one paper copy. with the proposed trade name Committee Information Line, 1–800– Comments are to be identified with the FERRIPROX (deferiprone) film-coated 741–8138 (301–443–0572 in the docket number found in brackets in the tablets, manufactured by ApoPharma Washington, DC area), code heading of this document. Received Inc. This product is an iron chelating 3014512389. Please call the Information comments may be seen in the Division agent, which is a drug that binds with Line for up-to-date information on this of Dockets Management between 9 a.m. iron in the body and helps to make meeting. A notice in the Federal and 4 p.m., Monday through Friday. elimination of iron easier, reducing iron Register about last minute modifications that impact a previously announced IV. Electronic Access build-up. There are two specific proposed indications (uses) of advisory committee meeting cannot Persons with access to the Internet FERRIPROX: (1) For the treatment of always be published quickly enough to may obtain the guidance at http:// iron overload, or build-up in patients provide timely notice. Therefore, you www.fda.gov/Food/Guidance with transfusion-dependent should always check the agency’s Web ComplianceRegulatoryInformation/ thalassemia, an inherited blood disorder site and call the appropriate advisory GuidanceDocuments/default.htm or that necessitates frequent transfusion of committee hot line/phone line to learn http://www.regulations.gov. normal blood which can lead to iron about possible modifications before Dated: September 3, 2009. build-up due to the iron content in the coming to the meeting. David Horowitz, blood a patient receives; and (2) for the Agenda: On October 9, 2009, in open session, the Committee will discuss Assistant Commissioner for Policy. treatment of iron overload in patients with other transfusion-dependent ISOLAGEN THERAPY, BLA 125348, [FR Doc. E9–21713 Filed 9–8–09; 8:45 am] Isolagen Technologies, Inc., for BILLING CODE 4160–01–S anemias (other blood disorders that require frequent transfusions) for whom moderate to severe nasolabial fold the use of other iron chelating agents wrinkles. Nasolabial fold wrinkles are DEPARTMENT OF HEALTH AND has been considered inappropriate. the two skin folds that run from each HUMAN SERVICES This notice is issued under the side of the nose to the corners of the Federal Advisory Committee Act (5 mouth. Food and Drug Administration U.S.C. app. 2) and 21 CFR part 14, FDA intends to make background relating to the advisory committees. material available to the public no later [Docket No. FDA–2009–N–0664] than 2 business days before the meeting. Dated: September 2, 2009. If FDA is unable to post the background Oncologic Drugs Advisory Committee; David Horowitz, Amendment of Notice material on its Web site prior to the Assistant Commissioner for Policy. meeting, the background material will AGENCY: Food and Drug Administration, [FR Doc. E9–21556 Filed 9–8–09; 8:45 am] be made publicly available at the HHS. BILLING CODE 4160–01–S location of the advisory committee

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meeting, and the background material DEPARTMENT OF HEALTH AND 443–2316, or send your e-mail requests, will be posted on FDA’s Web site after HUMAN SERVICES comments, and return address to: the meeting. Background material is [email protected]. Indian Health Service available at http://www.fda.gov/ FOR FURTHER INFORMATION CONTACT: AdvisoryCommittees/Calendar/ [System Number 09–17–0003] Contact Paul Fowler, D.O., J.D., IRS Risk default.htm. Scroll down to the Management Officer, Office of Clinical appropriate advisory committee link. Privacy Act of 1974; Report of an and Preventive Services, Suite 331, 801 Procedure: Interested persons may Altered System of Records Medical Thompson Avenue, Rockville, Maryland present data, information, or views, Staff Credentials and Privileges 20852 or via the Internet at orally or in writing, on issues pending Records [email protected]. before the committee. Written AGENCY: Department of Health and SUPPLEMENTARY INFORMATION: As submissions may be made to the contact Human Services (HHS), Indian Health required by the Privacy Act of 1974, as person on or before October 2, 2009. Service (IHS). amended, 5 U.S.C. 552a(e)(4), this Oral presentations from the public will document sets forth the amendment of ACTION: be scheduled between approximately Amendment of one altered Privacy Act system of records. the proposed alteration of a system of 11:30 a.m. and 12:30 p.m. Those records maintained by the IRS. The desiring to make formal oral SUMMARY: Pursuant to the provisions of purpose of altering System No. 09–17– presentations should notify the contact the Privacy Act of 1974, as amended, 5 0003, ‘‘Medical Staff Credentials and person and submit a brief statement of U.S.C. 552a(e)(4), the IHS has amended Privileges Records,’’ is to enable IRS to the general nature of the evidence or and is publishing the proposed reflect current program changes, arguments they wish to present, the alteration of a system of records, System statutory and implementation changes. names and addresses of proposed No. 09–17–0003, ‘‘Medical Staff The exclusion of SSN language; the participants, and an indication of the Credentials and Privileges Records.’’ inclusion of a new routine use and approximate time requested to make The amended and altered system of revision or modification of the IHS their presentation on or before October records makes several administrative addresses in Appendix 1 is necessary to 1, 2009. Time allotted for each revisions which includes the deletion of this system of records. presentation may be limited. If the the Social Security Numbers (SSNs) Dated: August 28, 2009. number of registrants requesting to language to comply with the Office of Yvette Roubideaux, speak is greater than can be reasonably Management and Budget (OMB) Director of Indian Health Service. accommodated during the scheduled Memorandum (M)07–16, Safeguarding open public hearing session, FDA may Against and Responding to the Breach 09–17–0003 conduct a lottery to determine the of Personally Identifiable Information SYSTEM NAME: speakers for the scheduled open public (May 22, 2007); and the HHS Directive hearing session. The contact person will Memorandum of October 6, 2008 to all Indian Health Service Medical Staff notify interested persons regarding their Operating Division Heads to develop Credentials and Privileges Records, request to speak by October 2, 2009. and execute a plan to eliminate the HHS/IHS/OCPS. Persons attending FDA’s advisory unnecessary collection and use of SSNs; SECURITY CLASSIFICATION: committee meetings are advised that the and the inclusion of a new routine use None. agency is not responsible for providing to comply with OMB (M)07–16 and the SYSTEM LOCATION: access to electrical outlets. HHS Memorandum dated September 19, 2007 to incorporate Notification of Each IHS Area Office and each IHS FDA welcomes the attendance of the Breach Routine Use language; and the Service Unit (see Appendix 1). Records public at its advisory committee update of the Appendix 1 of the SOR. may also be located at hospitals and meetings and will make every effort to DATES: Effective Dates: IHS filed an offices of health care providers who are accommodate persons with physical under contract to IHS. A current list of disabilities or special needs. If you altered system report with the Chair of the House Committee on Oversight and contractor sites is a available by writing require special accommodations due to to the appropriate System Manager a disability, please contact Gail Dapolito Government Reform, the Chair of the Senate Committee on Homeland (Area or Service Unit Director) at the at least 7 days in advance of the address shown in Appendix 1. meeting. Security and Governmental Affairs, and the Administrator, Office of Information CATEGORIES OF INDIVIDUALS COVERED BY THE FDA is committed to the orderly and Regulatory Affairs, OMB on SYSTEM: conduct of its advisory committee September 9, 2009. To ensure that all Prospective, current and former IHS meetings. Please visit our Web site at parties have adequate time in which to medical staff members. The term IHS http://www.fda.gov/Advisory comment, the altered SOR will become medical staff includes fully licensed Committees/AboutAdvisoryCommittees/ effective 40 days from the publication of individuals permitted by law to provide ucm111462.htm for procedures on the notice, or from the date it was patient care services independently and public conduct during advisory submitted to OMB and the Congress, without concurrent professional committee meetings. whichever is later, unless IHS receives direction or supervision, within the Notice of this meeting is given under comments on all portions of this notice. scope of his/her license and in the Federal Advisory Committee Act (5 ADDRESSES: The public should address accordance with individually granted U.S.C. app. 2). comments to: Mr. William Tibbitts, IHS clinical privileges. The IHS medical Dated: September 2, 2009. Privacy Act Officer, Division of staff includes physicians (M.D. and Regulatory Affairs, Office of D.O.) and dentists and may include David Horowitz, Management Services, 801 Thompson other health care practitioners such as Assistant Commissioner for Policy. Avenue, TMP Suite 450, Rockville, MD psychologists, optometrists, podiatrists, [FR Doc. E9–21557 Filed 9–8–09; 8:45 am] 20852–1627; call non-toll free (301) audiologists, and, in some States, BILLING CODE 4160–01–S 443–1116; send via facsimile to (301) certified nurse midwives. Types of

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assignment categories of current and boards to whom the subject individual the health care practices of a current, former IHS medical staff members may apply for clinical privileges, terminated, resigned, or retired IHS include the following: membership or licensure, of the subject medical staff member whose Provisional—Those new members of individuals professional competence, professional health care activity the medical staff who are serving a character and ethical qualifications. significantly failed to conform to required initial probationary period, as This may include information regarding generally accepted standards of specified in the local medical staff drug or alcohol abuse or dependency. professional medical practice. This will bylaws. During this time, their Within the Department such releases be done within the guidelines for notice, qualifications for membership on the may be made to personnel staffs of HHS hearing, and review as delineated in the active or courtesy IHS medical staff are Regional Offices. medical staff bylaws for the IHS facility assessed. 3. To provide adverse health care and/or within other HHS or IRS Active—Those members who are practice information to the National regulations or policies. Federal employees and/or spend at least Practitioner Data Bank-Healthcare 3. IHS may disclose biographic data fifty percent of their professional time Integrity and Protection Data Bank and information supplied by potential providing patient care related services (NPDB–HIPDB) established under Title applicants to (a) references listed on the in the facility. IV of Public Law 99–660, the Health IHS medical staff and/or privileges Temporary—Those members who Care Quality Improvement Act of 1986, application and associated forms for the provide services on a short-term basis or and Section 221(a) of Public Law 104– purpose of evaluating the applicant’s have applied for active medical staff 191, the Heath Insurance Portability and professional qualifications, experience, membership and are awaiting a full Accountability Act of 1996. The and suitability, and (b) a State or local credential review. purpose of such a release is to provide government health profession licensing Courtesy or Associate—Those information concerning a current or board, to a health-related professional members who generally provide former IHS medical staff member whose organization, to the Federation of State services on a periodic or episodic basis professional health care activity failed Medical Boards, and to the NPDB (e.g., consultants for specialty clinics). to conform to generally accepted HIPDB established under Title IV of standards of professional medical Public Law 99–660 and Section 221(a) CATEGORIES OF RECORDS IN THE SYSTEM: practice. of Public Law 104–191 or a similar Contains name, SSN, IHS medical 4. To provide health care practice entity for the purpose of verifying that staff membership and privileges information concerning current or all claimed background and applications and associated forms, former members of the IHS medical staff employment data are valid and all employment data, liability insurance with Commissioned Corps status to the claimed credentials are current and in coverage, credentialing history of Division of Commissioned Personnel, good standing. licensed health professionals, personal, U.S. Public Health Service, so that an 4. Records may be disclosed to other educational, and demographic informed decision may be made Federal agencies (including the Office of background information, professional concerning the promotion, retention, or Personnel Management for subject performance information consisting of reassignment of the subject individual. individuals applying for or maintaining continuing education, performance Civil Service appointments)/to State and awards, and adverse or disciplinary ROUTINE USES OF RECORDS MAINTAINED IN THE local governmental. agencies, and to actions, and evaluations and approvals SYSTEM, INCLUDING CATEGORIES OF USERS AND organizations in the private sector to THE PURPOSES OF SUCH USES: completed by IHS medical staff which the subject individual applies for reviewers. 1. Records may be disclosed to clinical privileges, membership or organizations authorized to conduct licensure for the purpose of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: evaluation studies concerning the documenting the qualifications and Federal Records Act (44 U.S.C. 2901), delivery of health care services by the competency of the subject individual to Privacy Act of 1974, as amended (5 IHS (e.g., Joint Commission on the provide health services in his/her health U.S.C. 552a), Indian Self Determination Accreditation of Healthcare profession based on the individual’s and Education and Assistance Act (25 Organizations). professional performance while U.S.C. 450), Snyder Act (25 U.S.C. 13), 2. IHS may disclose records consisting employed by the IHS. Indian Health Care Improvement Act of name, employment history and any 5. The Department may disclose (25 U.S.C. 1601 et seq.), Indian Health professional qualification information information from this system of records Service Transfer Act (42 U.S.C. 2001– concerning medical staff membership to the Department of Justice (DOJ), or to 2004). and privileges, professional a court or other tribunal, when (a) HHS, competence, clinical judgment and or any component thereof, or (b) any PURPOSE(S): personal character to a State or local HHS employee in his or her official The purposes of this system are: government health professional capacity; or (c) any HHS employee in 1. To ensure that IHS medical staff licensing board, to the Federation of his or her individual capacity where the members are qualified, competent and State Medical Boards, to the NPDB– DOJ (or HHS, where it is authorized to capable of delivering quality health RIPDB established under Title IV of do so) has agreed to represent the services consistent with those of the Public Law 99–660 and Section 221(a) employee; or (d) the United States or medical community at large and that of Public Law 104–191, and/or to a any agency thereof where HHS they are granted privileges similar entity which has the authority to determines that the litigation is likely to commensurate with their training and maintain records concerning the affect HHS or any of its components, is competence and with the ability of the issuance, retention or revocation of a party to litigation or has an interest in facility to provide adequate support licenses or registrations necessary to such litigation, and HHS determines equipment, services, and staff. practice a health professional that the use of such records by the DOJ, 2. To inform health care occupation or specialty. the court or other tribunal is relevant practitioner(s) and staff of health care The purpose of this disclosure is to and necessary to the litigation and facilities, State or county health inform medical profession licensing would help in the effective professional societies or licensing boards and appropriate entities about representation of the governmental

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party, provided, however, that in each 2. Physical Safeguards: Records are POLICY COORDINATING OFFICIAL: case, HH determines that such kept in locked metal filing cabinets or Director, Office of Clinical and disclosure is compatible with the in locked desk drawers in secured Preventive Services, IHS, 801 purpose for which the records were rooms at all times when not actually in Thompson Avenue, Suite 300, collected. use during working hours and at all Rockville, Maryland 20852. The IHS 6. Records may be disclosed to a times during non-working hours. Record Clinical Directors at all IHS Service congressional office from the record of storage areas, including file cabinets and Units listed in Appendix 1 are System an individual in response to a verified desks, are not left unattended or Managers. IHS medical staff credentials inquiry from the congressional office unlocked during office hours, including and privileges files are stored at these made at the written request of that lunch hours. Computer-based or locations. Other addresses listed in individual. electronic records are password Appendix 1 are locations at which all or 7. In the event that a system of records protected security and any additional parts of these records may also be stored maintained by the IHS to carry out its internal security for database (linked or (Physician Recruiter at IRS Area functions indicates a violation or unlinked). Offices). Post Office box designations potential violation of law, whether civil, 3. Procedural Safeguards: Persons appearing in Appendix 1 should be criminal, or regulatory in nature, and who have an official need-to-know are specified when making requests by whether arising by general statute or entrusted with records from this system mail. particular program statute, or by of records and are instructed to regulation, rule or order issued pursuant safeguard the confidentiality of these NOTIFICATION PROCEDURE: thereto, the relevant records in the records and to destroy all copies or to system of records may be referred to the return such records when the need to Requests must be made to the appropriate agency, whether Federal, know has expired. Instructions include appropriate System Manager (Clinical State, or local, charged with enforcing or the statutory penalties for Director for the appropriate Service implementing the statute or rule, noncompliance. Proper charge-out Unit) listed in Appendix 1. regulation or order issued pursuant procedures are followed for the removal REQUESTS BY MAIL: thereto. of records from the area in which they 8. To appropriate Federal agencies are maintained. Before an employee Requests for information and/or and Department contractors that have a who will control disclosure of records access to records received by mail must need to know the information for the can work with the records (i.e., contain information providing the purpose of assisting the Department’s employees who report to the system identity of the writer and a reasonable efforts to respond to a suspected or manager) the system manager or description of the record desired. confirmed breach of the security or designee ensures that the employee has Written requests must contain, at a confidentiality of information received training in the safeguards minimum, the name, signature, and maintained in this system of records, applicable to the records and is aware address of the requester, and for and the information disclosed is of the actions to take to restrict unsuccessful applicants the date when relevant and necessary for that disclosure. When copying records for the application was submitted, and for assistance. authorized purposes, care is taken to current or former IHS health care POLICIES AND PRACTICES FOR STORING, ensure that any imperfect pages are not providers the dates and locations of RETRIEVING, ACCESSING, RETAINING, AND left in the reproduction room where service. We may request additional DISPOSING OF RECORDS IN THE SYSTEM: they can be read but are destroyed or identification when we hold records for STORAGE: obliterated. different persons with the same name or File folders and computer-based or 4. Implementation Guidelines: DHHS where an apparent discrepancy exists electronic files. Chapter 45–13 and supplementary between information contained in the Chapter PHS.hf:45–13 of the General record and that provided by the RETRIEVABILITY: Administration Manual; DHHS, individual requesting access to the Indexed and retrieved by name, and ‘‘Automated Information Systems record. any other identifying numbers necessary Security Program Handbook,’’ as to establish the identity of an individual amended; DHHS IRM Policy HHS–IRM– OTHER NAMES USED: whose record is maintained in the 2000–0005, ‘‘IRM Policy for IT Security Where an individual is seeking to system of records. for Remove Access; OMB Circular A– obtain information about himself/herself 130 ‘‘Management of Federal SAFEGUARDS: which may be retrieved by a different Information Resources’’; and E– 1. Authorized Users: Access is limited name than his/her current name, he/she Government Act of 2002 (Pub. L. 107– shall be required to produce evidence to to authorized personnel for use in the 347, 44 U.S.C. Ch 36). performance of their official duties. verify that he/she is the person whose Authorized personnel include: 5. Retention and disposal: Records are record he/she seeks. Physician Recruitment and other Health maintained by IHS for at least ten years REQUESTS IN PERSON: Professions Branch Staff and Area after the individual’s termination of Governing Board Members at IHS Area employment or association with IHS. A subject individual who appears in Offices, and Service Unit Directors, Records of unsuccessful applicants for person at a specific location (where he Clinical Directors and members of the medical staff membership will be or she currently works or formerly Credentials and Privilege Committee of retained for three years after his/her worked) seeking access or disclosure of each IHS Service Unit. At each location rejection. After these periods of records contained in this system of where records in this system will be retention expire, records are destroyed records relating to him/her shall provide maintained, a list of personnel or by shredding or burning. the information described in ‘‘Requests categories of personnel having an by mail’’ (above) and at least one piece SYSTEM MANAGER(S) AND ADDRESS: official need-to-know has been of tangible identification such as a developed and is maintained. See Appendix 1. driver’s license or passport.

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REQUESTS BY TELEPHONE: Director, Lower Brule Indian Health Director, Ignacio Indian Health Center, P.O. Since positive identification of the Center, P.O. Box 191, Lower Brule, South Box 889, Ignacio, Colorado 81137. caller cannot be established, telephone Dakota 57548. Director, Ute Mountain Ute Health Center, requests are not honored. Director, McLaughlin Indian Health Center, Towaoc, Colorado 81334. P.O. Box 879, McLaughlin, South Dakota Director, Jicarilla Indian Health Center, RECORD ACCESS PROCEDURES: 57642. P.O. Box 187, Dulce, New Mexico 87528. Director, Omaha-Winnebago Service Unit, Director, Mescalero Service Unit, SAME AS NOTIFICATION PROCEDURE: Winnebago, Indian Hospital, Winnebago, Mescalero Indian Hospital, P.O. Box 210, Requesters should also provide a Nebraska 68071. Mescalero, New Mexico 88340. reasonable description of the record Director, Pine Ridge Service Unit, Pine Director, Taos/Picuris Indian Health being sought. Requesters may also Ridge Indian Hospital, Pine Ridge, South Center, P.O. Box 1956, 1090 Goat Springs request an accounting of disclosures Dakota 57770. Road, Taos, New Mexico 87571. that have been made of their records, if Director, Rapid City Service Unit, Rapid Director, Zuni Service Unit, Zuni Indian City Indian Hospital, 3200 Canyon Lake Hospital, P.O. Box 467, Zuni, NM 87327. any. Drive, Rapid City, South Dakota 57701. Director, Pine Hill Health Center, P.O. Box Director, Rosebud Service Unit, Rosebud CONTESTING RECORD PROCEDURES: 310, Pine Hill, New Mexico 87357. Indian Hospital, Rosebud, South Dakota Director, Bemidji Area Indian Health Write to the appropriate Service Unit 57570. Clinical Director at the address specified Director, Sisseton-Wahpeton Service Unit, Service, 522 Minnesota Avenue, N.W., in Appendix 1 and reasonably identify Sisseton Indian Hospital, P.O. Box 189, Bemidji, Minnesota 56601. the record, specify the information Sisseton, South Dakota 57262. Director, Red Lake Service Unit, PHS being contested, and state the corrective Director, Standing Rock Service Unit, Fort Indian Hospital, Highway 1, Red Lake, Yates Indian Hospital, P.O. Box J, Fort Yates, Minnesota 56671. action sought, and the reasons for Director, Leech Lake Service Unit, PHS requesting the correction, along with North Dakota 58538. Director, Trenton-Williston Indian Health Indian Hospital, 425 7th Street, NW., Cass supporting information to show how the Center, P.O. Box 210, Trenton, North Dakota Lake, Minnesota 56633. record is inaccurate, incomplete, 58853. Director, White Earth Service Unit, PHS untimely, or irrelevant. Director, Turtle Mountain Service Unit, Indian Hospital, P.O. Box 358, White Earth, Belcourt Indian Hospital, P.O. Box 160, Minnesota 56591. RECORD SOURCE CATEGORIES: Belcourt, North Dakota 58316. Director, Billings Area Indian Health Subject individual, IRS health care Director, Wanblee Indian Health Center, Service, P.O. Box 36600, 2900 4th Avenue, personnel, references supplied by the 100 Clinic Drive, Wanblee, South Dakota North Billings, Montana 59101. subject individual, professional 57577. Director, Blackfeet Service Unit, Browning societies or associations, specialty Director, Yankton-Wagner Service Unit, Indian Hospital, P.O. Box 760, Browning, boards, colleges and universities Wagner Indian Hospital, 110 Washington Montana 59417. attended by the subject individual, Street, Wagner, South Dakota 57380. Director, Heart Butte PHS Indian Health Director, Youth Regional Treatment Center, Clinic, Heart Butte, Montana 59448. former employers, health facilities or P.O. Box #68, Mobridge, South Dakota 57601. health providers with which the subject Director, Crow Service Unit, Crow Indian Director, Sac &; Fox Health Center, 307 Hospital, Crow Agency, Montana 59022. individual was associated, liability Meskwaki Road, Tama, Iowa 52339. Director, Lodge Grass PHS Indian Health insurance carriers, organizations Director, Santee Health Center, RR2, P.O. Center, Lodge Grass, Montana 59090. providing cardiopulmonary Box 160L, Niobrara, Nebraska 68760. Director, Pryor P1–IS Indian Health Clinic, resuscitation training to the subject Director, Alaska Area Native Health P.O. Box 9, Pryor, Montana 59066. individual, State and local health and Service, 4141 Ambassador Drive, Suite 300, Director, Fort Peck Service Unit, Poplar health care licensing or certifying Anchorage, Alaska 99508–5928. Indian Hospital, Poplar, Montana 59255. Director, Albuquerque Area Health Service, organizations, and organizations which Director, Fort Belknap Service Unit, 5300 Homestead Road, NE, Albuquerque, Harlem Indian Hospital, Harlem, Montana serve as repositories of information on New Mexico 87110. health care professionals. 59526. Director, Acoma-Canoncito-Laguna Service Director, Hays PHS Indian Health Clinic, Unit, Acoma-Canoncito-Laguna Indian SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Hays, Montana 59526. Hospital, P.O. Box 130, San Fidel, New OF THE ACT: Director, Northern Cheyenne Service Unit, Mexico 87049. Lame Deer Indian Health Center, Lame Deer, None. Director, To-Hajille Health Center, P.O. Montana 59043. Box 3528, Canoncito, New Mexico 87026. Appendix 1: System Managers and IRS Director, Wind River Service Unit, Fort Director, New Sunrise Treatment Center, Locations Under Their Jurisdiction P.O. Box 219, San Fidel, New Mexico 87049. Washakie Indian Health Center, Fort Where Records Are Maintained Director, Albuquerque Service Unit, Washakie, Wyoming 82514. Albuquerque Indian Hospital, 801 Vassar Director, Arapahoe Indian Health Center, Director, Aberdeen Area Indian Health Arapahoe, Wyoming 82510. Service, Room 309, Federal Building, 115 Drive, NE., Albuquerque, New Mexico 87106. Director, Chief Redstone Indian Health Fourth Avenue, SE., Aberdeen, South Dakota Director, Albuquerque Indian Dental Center, Wolf Point, Montana 59201. 57401. Clinic, P.O. Box 67830, Albuquerque, New Director, California Area Indian Health Director, Cheyenne River Service Unit, Mexico 87193. Eagle Butte Indian Hospital, P.O. Box 1012, Director, Santa Fe Service Unit, Santa Fe Service, John B. Moss Federal Building, 650 Eagle Butte, South Dakota 57625. Indian Hospital, 1700 Cerrillos Road, Santa Capitol Mall, Suite 7–100, Sacramento, Director, Crow Creek Service Unit, Ft. Fe, New Mexico 87505. California 95814. Thompson Indian Health Center, P.O. Box Director, Santa Clara Health Center, RRS, Director, Nashville Area Indian Health 200, Ft. Thompson, South Dakota 57339. Box 446, Espanola, New Mexico 87532. Service, 711 Stewarts Ferry Pike, Nashville, Director, Fort Berthold Service Unit, Fort Director, San Felipe Health Center, P.O. Tennessee 37214–2634. Berthold Indian Health Center, P.O. Box 400, Box 4344, San Felipe, New Mexico 87001. Director, Catawba PHS Indian Nation of New Town, North Dakota 58763. Director, Cochiti Health Center, P.O. Box South Carolina, P.O. Box 188, Catawba, Director, Carl T. Curtis Health Center, P.O. 105, 255 Cochiti Street, Cochiti, New Mexico South Carolina 29704. Box 250, Macy, Nebraska 68039. 87072. Director, Unity Regional Youth Treatment Director, Fort Totten Service Unit, Fort Director, Santo Domingo Health Center, Center, P.O. Box 27 C–201, Cherokee, North Totten Indian Health Center, P.O. Box 200, P.O. Box 340, Santo Domingo, New Mexico Carolina 28719. Fort Totten, North Dakota 58335. 87052. Director, Navajo Area Indian Health Director, Kyle Indian Health Center, P.O. Director, Southern Colorado-Ute Service Service, P.O. Box 9020, Highway 264, Box 540, Kyle, South Dakota 57752. Unit, P.O. Box 778, Ignacio, Colorado 81137. Window Rock, Arizona 86515–9020.

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Director, Chinle Service Unit, Chinle Director, Watonga Indian Health Center, Director, Whiteriver Service Unit, Comprehensive Health Care Facility, P.O. Route 1, Box 34–A, Watonga, Oklahoma Whiteriver Indian Hospital, P.O. Box 860, Drawer PH, Chinle, Arizona 86503. 73772. Whiteriver, Arizona 85941. Director, Tsaile Health Center, P.O. Box Director, Haskell Service Unit, PHS Indian Director, Desert Vision Youth Wellness 467, Navajo Routes 64 &; 12, Tsaile, Arizona Health Center, 2415 Massachusetts Avenue, Center/RTC, P.O. Box 458, Sacaton, AZ 86556. Lawrence, Kansas 66044. 85247. Director, Rock Point Field Clinic, c/o Director, Lawton Service Unit, Lawton Director, Portland Area Indian Health Tsaile Health Center, P.O. Box 647, Tsaile, Indian Hospital, 1515 Lawrie Tatum Road, Service, Room 476, Federal Building, 1220 Arizona 86557. Lawton, Oklahoma 73501. Southwest Third Avenue, Portland, Oregon Director, Pinon Health Center, P.O. Box 10, Director, Anadarko Indian Health Center, 97204–2829. Pinon, Arizona 86510. P.O. Box 828, Anadarko, Oklahoma 73005. Director, Colville Service Unit, Colville Director, Crownpoint Service Unit, Director, Carnegie Indian Health Center, Indian Health Center, P.O. Box 71–Agency Crownpoint Comprehensive Health Care P.O. Box 1120, Carnegie, Oklahoma 73150. Campus, Nespelem, Washington 99155. Facility, P.O. Box 358, Crownpoint, New Director, Holton Service Unit, PHS Indian Director, Fort Hall Service Unit, Not-Tsoo Mexico 87313. Health Center, 100 West 6th Street, Holton, Gah-Nee Health Center, P.O. Box 717, Fort Director, Pueblo Pintado Health Station, c/ Kansas 66436. Hall, Idaho 83203. o Crownpoint Comprehensive Health Care Director, Pawnee Service Unit, Pawnee Director, Warm Springs Service Unit, Facility, P.O. Box 358, Crownpoint, New Indian Service Center, RR2, Box 1, Pawnee, Warm Springs Indian Health Center, P.O. Box Mexico 87313. Oklahoma 74058–9247. 1209, Warm Springs, Oregon 97761. Director, Fort Defiance Service Unit, Fort Director, Pawhuska Indian Health Center, Director, Weilpinit Service Unit, David C. Defiance Indian Hospital, P.O. Box 649, 715 Grandview, Pawhuska, Oklahoma 74056. Wynecoop Memorial Clinic, P.O. Box 357, Director, Wewoka Indian Health Center, Intersection of Navajo Routes N12 &; N7, Fort Wellpinit, Washington 99040. P.O. Box 1475, Wewoka, Oklahoma 74884. Defiance, Arizona 86515. Director, Western Oregon Service Unit, Director, Phoenix Area Indian Health Director, Nahata Dziil Health Center, P.O. Chemawa Indian Health Center, 3750 Service, Two Renaissance Square, 40 North Box 125, Sanders, Arizona 86512. Chemawa Road, NE., Salem, Oregon 97305– Central Avenue, Phoenix, Arizona 85004. Director, Gallup Service Unit, Gallup 1198. Director, Colorado River Service Unit, Indian Medical Center, P.O. Box 1337, 516 E. Director, Yakama Service Unit, Yakama Chemehuevi Indian Health Clinic, P.O. Box Nizhoni Boulevard, Gallup, New Mexico Indian Health Center, 401 Buster Road, 1858, Havasu Landing, California 92363. 87305. Toppenish, Washington 98948. Director, Colorado River Service Unit, Director, Tohatchi Indian Health Center, Director, Tucson Area Indian Health Havasupai Indian Health Station, P.O. Box P.O. Box 142, Tohatchi, New Mexico 87325. Service, 7900 South ‘‘J’’ Stock Road, Tucson, 129, Supai, Arizona 86435. Director, Ft. Wingate Health Station, c/o Arizona 85746–9352. Director, Colorado River Service Unit, Director, Pascua Yaqui Service Unit, Gallup Indian Medical Center, P.O. Box 1337, Parker Indian Health Center, 12033 Agency Gallup, New Mexico 87305. Division of Public Health, 7900 South ‘‘J’’ Road, Parker, Arizona 85344. Stock Road, Tucson, Arizona 85746. Director, Kayenta Service Unit, Kayenta Director, Colorado River Service Unit, Indian Health Center, P.O. Box 368, Kayenta, Director, San Xavier Indian Health Center, Peach Springs Indian Health Center, P.O. Box 7900 South ‘‘J’’ Stock Road, Tucson, Arizona Arizona 86033. 190, Peach Springs, Arizona 86434. Director, Inscription House Health Center, 85746. Director, Colorado River Service Unit, Director, Sells Service Unit, Santa Rosa P.O. Box 7397, Shonto, Arizona 86054. Sherman Indian High School, 9010 Magnolia Director, Dennehotso Clinic, do Kayenta Indian Health Center, HCO1, Box 8700, Sells, Avenue, Riverside, California 92503. Arizona 85634. Health Center, P.O. Box 368, Kayenta, Director, Elko Service Unit, Newe Medical Director, Sells Service Unit, Sells Indian Arizona 86033. Clinic, 400 ‘‘A’’ Newe View, Ely, Nevada Hospital, P.O. Box 548, Sells, Arizona 85634. Director, Shiprock Service Unit, Northern 89301. Director, Sells Service Unit, West Side Navajo Medical Center, P.O. Box 160, U.S. Director, Elko Service Unit, Southern Health Station, P.O. Box 548, Sells, Arizona Hwy 491 North, Shiprock, New Mexico Bands Health Center, 515 Shoshone Circle, 85634. 87420. Elko, Nevada 89801. Director, Dzilth-Na-O-Dith-Hle Indian Director, Fort Yuma Service Unit, Fort [FR Doc. E9–21422 Filed 9–8–09; 8:45 am] Health Center, 6 Road 7586, Bloomfield, New Yuma Indian Hospital, P.O. Box 1368, Fort BILLING CODE 4165–16–M Mexico 87413. Yuma, Arizona 85366. Director, Four Corners Regional Health Director, Reams Canyon Service Unit, Hopi Center, U.S. Hwy 160, Navajo Route 35-Red Health Care Center, P.O. Box 4000, Polacca, DEPARTMENT OF HEALTH AND Mesa, HRC 6100, Box 30, Teec Nos Pos, AZ Arizona 86042. HUMAN SERVICES 86514 Director, Phoenix Service Unit, Phoenix Director, Sanostee Health Station, c/o Indian Medical Center, 4212 North 16th Food and Drug Administration Northern Navajo Medical Center, P.O. Box Street, Phoenix, Arizona 85016. 160, Shiprock, New Mexico 87420. Director, Phoenix Service Unit, Salt River [Docket No. FDA–2009–N–0409] Director, Toadlena Health Station, c/o Health Center, 10005 East Osborn Road, Northern Navajo Medical Center, P.O. Box Scottsdale, Arizona 85256. Request for Notification From Industry 160, Shiprock, New Mexico 87420. Director, San Carlos Service Unit, Bylas Organizations Interested in Director, Teen Life Center, c/o Northern Indian Health Center, P.O. Box 208, Bylas, Participating in the Selection Process Navajo Medical Center, P.O. Box 160, Arizona 85550. for a Pool of Nonvoting Industry Shiprock, New Mexico 87420. Director, San Carlos Service Unit, San Representatives for the Risk Director, Oklahoma City Area Indian Carlos Indian Hospital, P.O. Box 208, San Communication Advisory Committee Health Service, 701 Market Drive, Oklahoma Carlos, Arizona 85550. and Request for Nominations for City, Oklahoma 73114. Director, Schurz Service Unit, Schurz Director, Claremore Service Unit, Service Unit Administration, Drawer A, Nonvoting Industry Representatives Claremore Comprehensive Indian Health Schurz, Nevada 89427. for the Risk Communication Advisory Facility, West Will Rogers Boulevard and Director, Fort McDermitt Clinic, P.O. Box Committee Moore, Claremore, Oklahoma 74017. 315, McDermitt, Nevada 89421. Director, Clinton Service Unit, Clinton Director, Unitah and Ouray Service Unit, AGENCY: Food and Drug Administration, Indian Hospital, Route 1, Box 3060, Clinton, Fort Duchesne Indian Health Center, P.O. HHS. Oklahoma 73601–9303. Box 160, Ft. Duchesne, Utah 84026. ACTION: Notice. Director, El Reno PHS Indian Health Director, Whiteriver Service Unit, Cibecue Clinic, 1631A E. Highway 66, El Reno, Health Center, P.O. Box 37, Cibecue, Arizona SUMMARY: The Food and Drug Oklahoma 73036. 85941. Administration (FDA) is requesting that

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any industry organizations interested in temporary members selected for a This notice is issued under the participating in the selection of a pool particular meeting will depend on the Federal Advisory Committee Act (5 of nonvoting industry representative meeting topic(s). U.S.C. app. 2) and 21 CFR part 14, candidates available to serve as relating to advisory committees. II. Selection Procedure temporary nonvoting members on its Dated: September 2, 2009. Risk Communication Advisory Any industry organization interested in participating in the selection of David Horowitz, Committee (the Committee) for the Assistant Commissioner for Policy. Office of the Commissioner notify FDA appropriate nonvoting member [FR Doc. E9–21554 Filed 9–8–09; 8:45 am] in writing. A nominee may either be candidates to represent industry self-nominated or nominated by an interests should send a letter stating that BILLING CODE 4160–01–S organization to serve as a nonvoting interest to the FDA contact (see industry representative. Nominations ADDRESSES) within 30 days of publication of this document (see DEPARTMENT OF HEALTH AND for the pool will be accepted effective HUMAN SERVICES with this notice. DATES). Within the subsequent 30 days, FDA will send a letter to each DATES: Any industry organization Food and Drug Administration interested in participating in the organization that has expressed an [Docket No. FDA–2009–N–0410] selection of a pool of appropriate interest, attaching a complete list of all such organizations, and a list of all candidates for temporary nonvoting nominees along with their current Request for Notification from Industry membership to represent industry resumes. The letter will also state that Organizations Interested in interests must send a letter stating the it is the responsibility of the interested Participating in the Selection Process interest to FDA by October 9, 2009, for organizations in each industry segment for Nonvoting Industry vacancies listed in the notice. to confer with one another and to select Representatives on Medical Device Concurrently, nomination material for one or two candidates (allowing for an Advisory Committee Panels and prospective candidates should be sent to alternate) from the segment for the pool Request for Nonvoting Industry FDA by October 9, 2009. within 60 days after the receipt of the Representatives on Medical Device ADDRESSES: All letters of interest and FDA letter. For this purpose, Advisory Committee Panels nominations should be submitted in ‘‘segments’’ should be understood in AGENCY: Food and Drug Administration, writing to Lee L. Zwanziger (see FOR correspondence with the eight links HHS. FURTHER INFORMATION CONTACT). listed on the FDA Web site: Food; drugs; ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Lee medical devices; vaccines, blood and L. Zwanziger, Office of Policy, Planning biologics; animal and veterinary; SUMMARY: The Food and Drug and Budget, Office of the Commissioner, cosmetics; radiation-emitting products; Administration (FDA) is requesting that Food and Drug Administration, 5600 and tobacco products (http:// any industry organization interested in Fishers Lane, rm. 14–90, 301–827–2895, www.fda.gov). The interested participating in the selection of fax: 301–827–4050, [email protected]. organizations are not bound by the list nonvoting industry representatives to SUPPLEMENTARY INFORMATION: The of nominees in selecting candidates. serve on certain device panels of the agency requests nominations for a pool However, if no individuals are selected Medical Devices Advisory Committee in of nonvoting industry representative within 60 days, the Commissioner of the Center for Devices and Radiological candidates for the Risk Communication Food and Drugs will select temporary Health notify FDA in writing. A Advisory Committee. nonvoting members as needed to nominee may either be self-nominated represent industry interests. I. The Risk Communication Advisory or nominated by an organization to Committee III. Application Procedure serve as a nonvoting industry representative. Nominations will be The Risk Communication Advisory Individuals may self-nominate and/or accepted for current vacancies effective Committee advises the Commissioner of an organization may nominate one or with this notice. Food and Drugs and designees on more individuals to serve as a nonvoting DATES: Any industry organizations strategies and programs designed to industry representative. Within the 30 interested in participating in the communicate with the public about the days, the following information should selection of an appropriate nonvoting risks and benefits of FDA-regulated be sent to the FDA contact person: A member to represent industry interests products so as to facilitate optimal use current curriculum vitae of each must send a letter stating that interest to of these products. The Committee also nominee, current business and/or home FDA by October 9, 2009, for the reviews and evaluates research relevant address, telephone number, e-mail vacancies listed in this notice. to such communication to the public by address, and the name of the committee Concurrently, nomination materials for both FDA and other entities. The of interest. FDA will forward all prospective candidates should be sent to Committee also facilitates interactively nominations to the organizations FDA by October 9, 2009. sharing risk and benefit information expressing interest in participating in ADDRESSES: Send all letters of interest with the public to enable people to the selection process for the committee. and nominations to Kathleen L. Walker make informed independent judgments (Persons who nominate themselves as (see FOR FURTHER INFORMATION CONTACT). about use of FDA-regulated products. nonvoting industry representatives will The FDA hopes to identify a pool of not participate in the selection process). FOR FURTHER INFORMATION CONTACT: individuals who would have expertise FDA has a special interest in ensuring Kathleen L. Walker, Center for Devices in risk communication and would be that women, minority groups, and Radiological Health, Food and Drug identified with the interests of various individuals with physical disabilities Administration, 10903 New Hampshire segments of regulated industry. The and small businesses are adequately Ave., Bldg. 66, rm. 5238, Silver Spring, Commissioner, or designee, shall have represented on its advisory committees, MD 20993, 301–796–5964, e-mail: the authority to select one or more and therefore, encourages, nominations [email protected]. individuals to serve temporarily as for appropriately qualified candidates SUPPLEMENTARY INFORMATION: Section nonvoting members; the number of from these groups. 520(f)(3) of the Federal Food, Drug, and

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Cosmetic Act (the act) (21 U.S.C. interests of the medical device vacancies listed in table 1 of this 360j(f)(3)), as amended by the Medical manufacturing industry. document. Device Amendments of 1976, provides FDA is requesting nominations for that each medical device panel include nonvoting members representing one nonvoting member to represent the industry interests for the following

TABLE 1.

Medical Devices Panels Approximate Date Needed

Dental Products Panel November 1, 2009

General Hospital and Personal Use Devices Panel January 1, 2010

Hematology and Pathology Devices Panel March 1, 2010

Immunology Devices Panel March 1, 2010

Ophthalmic Devices Panel November 1, 2009

I. Functions with one another and to select a for appropriately qualified candidates candidate, within 60 days after the from these groups. The functions of the medical device receipt of the FDA letter, to serve as the This notice is issued under the panels are listed as follows: (1) Review nonvoting member to represent industry Federal Advisory Committee Act (5 and evaluate data on the safety and interests for a particular device panel. U.S.C. app. 2) and 21 CFR part 14, effectiveness of marketed and The interested organizations are not relating to advisory committees. investigational devices and make bound by the list of nominees in recommendations for their regulation, Dated: September 2, 2009. selecting a candidate. However, if no (2) advise the Commissioner of Food David Horowitz, individual is selected within the 60 and Drugs regarding recommended Assistant Commissioner for Policy. days, the Commissioner of Food and classification or reclassification of these [FR Doc. E9–21555 Filed 9–8–09; 8:45 am] Drugs will select the nonvoting member devices into one of three regulatory BILLING CODE 4160–01–S to represent industry interests. categories, (3) advise on any possible risks to health associated with the use III. Qualifications of devices, (4) advise on formulation of DEPARTMENT OF HEALTH AND product development protocols, (5) Persons nominated for the device HUMAN SERVICES review premarket approval applications panels should be full time employees of Food and Drug Administration for medical devices, (6) review firms that manufacture products that guidelines and guidance documents, (7) would come before the panel, or [Docket No. FDA–2009–N–0412] recommend exemption to certain consulting firms that represent devices from the application of portions manufacturers, or have similar Request for Nominations for Voting of the act, (8) advise on the necessity to appropriate ties to industry. and Nonvoting Consumer ban a device, (9) respond to requests IV. Application Procedure Representative Members on Public from the agency to review and make Advisory Committees and Panels Individuals may self-nominate and/or recommendations on specific issues or AGENCY: Food and Drug Administration, an organization may nominate one or problems concerning the safety and HHS. more individuals to serve as a nonvoting effectiveness of devices, and (10) make ACTION: Notice. recommendations on the quality in the industry representative. Within the 30 design of clinical studies regarding the days, the following information should SUMMARY: The Food and Drug safety and effectiveness of marketed and be sent to the FDA contact person (see Administration (FDA) is requesting investigational devices. FOR FURTHER INFORMATION CONTACT): A nominations for voting and nonvoting current curriculum vitae of each consumer representatives to serve on II. Selection Procedure nominee, current business and/or home the National Mammography Quality Any industry organization interested address, telephone number, e-mail Assurance Advisory Committee in participating in the selection of an address, and the name of the device (NMQAAC) and certain devices panels appropriate nonvoting member to panel of interest. FDA will forward all of the Medical Devices Advisory represent industry interests should send nominations to the organizations Committee in the Center for Devices and a letter stating that interest to the expressing interest in participating in Radiological Health (CDRH). contact person (see FOR FURTHER the selection process for the device FDA has a special interest in ensuring INFORMATION CONTACT) within 30 days of panel. (Persons who nominate that women, minority groups, and publication of this notice. Within the themselves as nonvoting industry individuals with disabilities are subsequent 30 days, FDA will send a representatives will not participate in adequately represented on advisory letter to each organization that has the selection process). committees and, therefore, encourages expressed an interest, attaching a FDA has a special interest in ensuring nominations of qualified candidates complete list of all such organizations, that women, minority groups, from these groups. and a list of all nominees along with individuals with physical disabilities, DATES: Nominations will be accepted for their current resumes. The letter will and small businesses are adequately current vacancies and for those that will also state that it is the responsibility of represented on its advisory committees, or may occur through October 31, 2010. the interested organizations to confer and therefore, encourages nominations Because vacancies occur on various

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dates throughout the year, there is no Fishers Lane, Rockville, MD 20857. Brandes, Office of the cutoff date for the receipt of Information about becoming a member Commissioner (HF–4), Food and nominations. on an FDA advisory committee can also Drug Administration, 5600 Fishers ADDRESSES: All nomination for be obtained by visiting FDA’s Web site Lane, rm. 14C–3, Rockville, MD membership should be sent http://www.fda.gov/ 20857, 301–827–8858, email: electronically to [email protected] or AdvisoryCommittees/AboutAdvisory [email protected]. by mail to Advisory Committee Committees/CommitteeMembership/ Oversight and Management Staff or by default.htm. For specific committee questions, mail to Advisory Committee Oversight FOR FURTHER INFORMATION CONTACT: contact the following persons listed and Management Staff (HF–4), 5600 For general information: Doreen in table 1 of this document.

TABLE 1.

Contact Person Committee/Panel

Geretta P. Wood, Center for Devices and Radiological Health, Food and Drug Ad- Certain Device Panels of the Medical Devices Advisory ministration, 10903 New Hampshire Ave., Bldg. 66, rm. 1682, Silver Spring, MD Committee 20993, 301–796–5550, or e-mail [email protected]

Normica Facey, Center for Devices and Radiological Health, Food and Drug Ad- National Mammography Quality Assurance Advisory ministration, 10903 New Hampshire Ave., Bldg. 66, rm. 4652, Silver Spring, MD Committee 20993, e-mail: [email protected]

SUPPLEMENTARY INFORMATION: I. Vacancies representatives for the vacancies listed FDA is requesting nominations for in table 2 of this document: voting and nonvoting consumer

TABLE 2.

Committee/Panel Expertise Needed Current & Upcoming Vacancies Approximate Date Needed

Circulatory System Devices Panel of the Medical Devices Ad- 1-nonvoting Immediately visory Committee - interventional cardiologists, electrophysiologists, invasive (vascular) radiologists, vascular and cardiothoracic surgeons, and cardiologists with special interest in congestive heart failure

Dental Products Panel of the Medical Devices Advisory Com- 1-nonvoting November 1, 2009 mittee - dentists, engineers and scientists who have expertise in the areas of dental implants, dental materials, periodontology, tissue engineering, and dental anatomy

General and Plastic Surgery Devices Panel of the Medical De- 1-nonvoting Immediately vices Advisory Committee - surgeons (general, plastic, re- constructive, pediatric, thoracic, abdominal, pelvic and endoscopic); dermatologists; experts in biomaterials, lasers, wound healing, and quality of life; and biostatisticians

Hematology and Pathology Devices Panel of the Medical De- 1-nonvoting Immediately vices Advisory Committee - hematologists (benign and/or malignant hematology), hematopathologists (general and special hematology, coagulation and homeostasis, and hematological oncology), gynecologists with special interests in gynecological oncology, cytopathologists, and molecular pathologists with special interests in development of pre- dictive and prognostic biomarkers

Immunology Devices Panel of the Medical Devices Advisory 1-nonvoting March 1, 2010 Committee - persons with experience in medical, surgical, or clinical oncology, internal medicine, clinical immunology, al- lergy, molecular diagnostics, or clinical laboratory medicine

Medical Devices Dispute Resolution Panel of the Medical De- 1-nonvoting Immediately vices Advisory Committee - experts with broad, cross-cutting scientific, clinical, analytical or mediation skills

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TABLE 2.—Continued

Committee/Panel Expertise Needed Current & Upcoming Vacancies Approximate Date Needed

Microbiology Devices Panel of the Medical Devices Advisory 1-nonvoting Immediately Committee - infectious disease clinicians, e.g., pulmonary disease specialists, sexually transmitted disease specialists, pediatric infectious disease specialists, experts in tropical medicine and emerging infectious diseases, biofilm development; mycologists; clinical microbiologists and virologists; clinical virology and microbiology laboratory directors, with expertise in clinical diagnosis and in vitro diagnostic assays, e.g., hepatologists; molecular biologists

Molecular and Clinical Genetics Devices Panel of the Medical 1-nonvoting June 1, 2010 Devices Advisory Committee - experts in human genetics and in the clinical management of patients with genetic disorders, e.g., pediatricians, obstetricians, neonatologists. Indi- viduals with training in inborn errors of metabolism, bio- chemical and/or molecular genetics, population genetics, ep- idemiology and related statistical training, and clinical molecular genetics testing (e.g., genotyping, array CGH, etc.) Indi- viduals with experience in genetics counseling, medical eth- ics are also desired, and individuals with experience in ancillary fields of study will be considered

Neurological Devices Panel of the Medical Devices Advisory 1-nonvoting December 1, 2009 Committee - neurosurgeons (cerebrovascular and pediatric), neurologists (stroke, pediatric, pain management, and movement disorders), interventional neuroradiologists, psychia- trists, and biostatisticians

Obstetrics and Gynecology Devices Panel of the Medical De- 1-nonvoting February 1, 2010 vices Advisory Committee - experts in perinatology, embry- ology, reproductive endocrinology, pediatric gynecology, gynecological oncology, operative hysteroscopy, pelviscopy, electrosurgery, laser surgery, assisted reproductive technologies, contraception, postoperative adhesions, and cervical cancer and colposcopy; biostatisticians and engineers with experience in obstetrics/gynecology devices; urogynecologists; experts in breast care; experts in gynecology in the older patient; experts in diagnostic (optical) spectroscopy; experts in midwifery; labor and delivery nursing

Ophthalmic Devices Panel of the Medical Devices Advisory 1-nonvoting November 1, 2009 Committee - ophthalmologists specializing in cataract and refractive surgery and vitreo-retinal surgery, in addition to vision scientists, optometrists, and biostatisticians practiced in ophthalmic clinical trials

Orthopaedic and Rehabilitation Devices Panel of the Medical 1-nonvoting Immediately Devices Advisory Committee - orthopedic surgeons (joint, spine, trauma, and pediatric); rheumatologists; engineers (biomedical, biomaterials, and biomechanical); experts in rehabilitation medicine, sports medicine, and connective tissue engineering; and biostatisticians

National Mammography Quality Assurance Advisory Com- 2-voting February 1, 2010 mittee - physicians, practitioners, or other health professionals whose clinical practice, research specialization, or professional expertise include a significant focus on mammography

II. Functions and regulations for bodies accrediting imaging which should be considered in mammography facilities under this the oversight of mammography A. National Mammography Quality program, (3) developing regulations facilities, (7) determining whether there Assurance Advisory Committee with respect to sanctions, (4) developing exists a shortage of mammography The committee advises FDA on the procedures for monitoring compliance facilities in rural and health following topics: (1) Developing with standards, (5) establishing a professional shortage areas and appropriate quality standards and mechanism to investigate consumer determining the effects of personnel on regulations for mammography facilities, complaints, (6) reporting new access to the services of such facilities (2) developing appropriate standards developments concerning breast in such areas, (8) determining whether

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there will exist a sufficient number of IV. Selection Procedures Management and Budget (OMB) for medical physicists after October 1, 1999, Selection of members representing emergency review and approval, as and (9) determining the costs and consumer interests is conducted required by the Paperwork Reduction benefits of compliance with these through procedures that include the use Act. The Department is soliciting public requirements. of organizations representing the public comments on the subject proposal. B. Certain Panels of the Medical Devices interest and consumer advocacy groups. DATES: Comments Due Date: September Advisory Committee The organizations have the 16, 2009. ADDRESSES: Interested persons are The committee reviews and evaluates responsibility of recommending candidates of the agency’s selection. invited to submit comments regarding data on the safety and effectiveness of this proposal. Comments must be marketed and investigational devices V. Nomination Procedures received within fourteen (14) days from and makes recommendations for their All nominations must include a cover the date of this Notice. Comments regulation. The panels engage in a letter, a curriculum vita or resume (that should refer to the proposal by name number of activities to fulfill the includes the nominee’s office address, and/or OMB approval number and functions of the Federal Food, Drug, and telephone number, and e-mail address), should be sent to: Mr. Ross A. Rutledge, Cosmetic Act (the act) envisions for and a list of consumer or community- HUD Desk Officer, Office of device advisory panels. With the based organizations for which the Management and Budget, New exception of the Medical Devices candidate can demonstrate active Executive Office Building, Washington, Dispute Resolution Panel, each panel, participation. DC 20502; e-mail: according to its specialty area, advises Nominations will specify the advisory [email protected]; fax: the Commissioner of Food and Drugs committee or panel(s) for which the (202) 395–5806. (the Commissioner) regarding nominee is recommended. Nominations FOR FURTHER INFORMATION CONTACT: recommended classification or will include confirmation that the Lillian Deitzer, Reports Management reclassification of devices into one of nominee is aware of the nomination. three regulatory categories, advises on Officer, QDAM, Department of Housing Any interested person or organization and Urban Development, 451 Seventh any possible risks to health associated may nominate one or more qualified with the use of devices, advises on Street, SW., Washington, DC 20410; e- persons for membership as consumer mail: [email protected]; formulation of product development representatives on the advisory protocols, reviews premarket approval telephone (202) 402–8048. This is not a committee/panels. Self-nominations are toll-free number. Copies of available applications for medical devices, also accepted. Potential candidates will reviews guidelines and guidance documents should be submitted to OMB be required to provide detail and may be obtained from Ms. Deitzer. documents, recommends exemption of information concerning such matters as certain devices from the application of SUPPLEMENTARY INFORMATION: This financial holdings, employment, and portions of the act, advises on the Notice informs the public that the U.S. research grants and/or contracts to necessity to ban a device, and responds Department of Housing and Urban permit evaluation of possible sources of to requests from the agency to review Development (HUD) has submitted to a conflict of interest. The nomination and make recommendations on specific OMB, for emergency processing, a should specify the committee/panels of issues or problems concerning the safety proposed information collection as part interest. The term of office is up to 4 and effectiveness of devices. With the of planning for the National Broadband years, depending on the appointment exception of the Medical Devices Plan ordered under the American date. Dispute Resolution Panel, each panel, Recovery and Reinvestment Act of 2009. This notice is issued under the according to its specialty area, may also The information will describe the Federal Advisory Committee Act (5 make appropriate recommendations to availability and usage of broadband U.S.C. app. 2) and 21 CFR part 14, the Commissioner on issues relating to internet services in HUD-assisted relating to advisory committees. the design of clinical studies regarding housing and at Neighborhood Networks the safety and effectiveness of marketed Dated: September 2, 2009. Centers. The respondents are Public and investigational devices. David Horowitz, Housing Authorities, Tribes and Assistant Commissioner for Policy. managers of multi-family and HOME III. Criteria for Members [FR Doc. E9–21558 Filed 9–8–09; 8:45 am] Investment Partnerships Program Persons nominated for membership as BILLING CODE 4160–01–S properties as well as managers of a consumer representatives on the Neighborhood Networks Centers. HUD committee/panels must meet the will survey all PHAs, Indian Tribes and following criteria: (1) Demonstrate ties DEPARTMENT OF HOUSING AND managers of Neighborhood Networks to consumer and community-based URBAN DEVELOPMENT Centers and a 500-respondent sample organizations, (2) be able to analyze for each of Multi-Family managers with technical data, (3) understand research [Docket No. FR–5281–N–66] e-mail address, Multi-Family managers design, (4) discuss benefits and risks, without e-mail addresses and HOME and (5) evaluate the safety and efficacy Notice of Submission of Proposed managers. of products under review. The Information Collection to OMB; For the Residential Broadband consumer representative must be able to Emergency Comment Request; Survey, each respondent will be asked represent the consumer perspective on Broadband Research Project to voluntarily disclose whether issues and actions before the advisory AGENCY: Office of Policy Development broadband internet service is available committee; serve as a liaison between and Research, HUD. in their project and approximately how the committee and interested ACTION: Notice of proposed information many residents subscribe to that service. consumers, associations, coalitions, and collection. For the Neighborhood Networks Survey, consumer organizations; and facilitate each Center manager will be voluntarily dialogue with the advisory committees SUMMARY: The proposed information asked to describe the programming on scientific issues that affect collection requirement described below offered at their Center as well as the consumers. has been submitted to the Office of number of users who utilize the Center.

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This data will help identify ADDRESSES: Interested persons are OMB Control Number: 2506–0187. opportunities for HUD to invest in invited to submit comments regarding Agency Form Numbers: None. providing broadband service for this proposal. Comments should refer to Members of the Affected Public: Not- residents. the proposal by name and/or OMB for-profit institutions, State, Local or approval number and should be sent to: Tribal Government. This Notice Also Lists the Following Lillian L. Deitzer, Departmental Reports Estimation of the total number of Information Management Officer, QDAM, hours needed to prepare the information Title of Proposal: Broadband Research Department of Housing and Urban collection including number of Project. Development, 451 Seventh Street, SW., responses, frequency of responses, and Description of Information Collection: Room 4178, Washington, DC 20410– hours of responses: Estimated number of This is a new information collection. 5000; telephone (202) 402–8048 (this is respondents is 6,000. Frequency of The Department of Housing and Urban not a toll-free number) or e-mail Ms. response is quarterly. Annual number of Development is seeking emergency Deitzer at [email protected] for responses is 24,000 (6,000 x 4). Estimate review of the Paperwork Reduction Act a copy of the proposed form, or other 30 minutes for response. Annualized Requirements associated with a available information. burden hours is 12,000 (24,000 x 0.5 broadband research project. FOR FURTHER INFORMATION CONTACT: hours). OMB Control Number: Pending. Charles Bien, Director, Environmental Authority: The Paperwork Reduction Act Agency Form Numbers: None. Review Division, Office of Environment of 1995, 44 U.S.C. Chapter 35, as amended. Members of the Affected Public: and Energy, Department of Housing and Public housing executive directors, Dated: September 2, 2009. Urban Development, 451 Seventh Street, Mercedes M. Ma´rquez, managers of HUD-assisted housing SW., Washington, DC 20410; e-mail: projects and Neighborhood Networks Assistant Secretary for Community Planning [email protected]; telephone (202) and Development. Center managers. 402–4462. This is not a toll-free number. Estimation of the total numbers of [FR Doc. E9–21736 Filed 9–8–09; 8:45 am] SUPPLEMENTARY INFORMATION: hours needed to prepare the information This BILLING CODE 4210–67–P collection including number of Notice is soliciting comments from responses, frequency of responses, and members of the public and affected hours of responses: This is a one-time agencies concerning the proposed DEPARTMENT OF HOUSING AND collection. Each respondent will need collection of information to: (1) Evaluate URBAN DEVELOPMENT whether the proposed collection is approximately 15 minutes to complete [Docket No. FR–5281–N–67] the questionnaire. There are 7,817 total necessary for the proper performance of respondents. The total reporting burden the functions of the agency, including Notice of Application for Designation will be 1,563.4 hours. whether the information will have as a Single Family Foreclosure practical utility; (2) Evaluate the Commissioner Authority: The Paperwork Reduction Act accuracy of the agency’s estimate of the of 1995, 44 U.S.C. Chapter 35, as amended. burden of the proposed collection of AGENCY: Office of the Chief Information Dated: September 3, 2009. information; (3) Enhance the quality, Officer, HUD. Lillian Deitzer, utility, and clarity of the information to ACTION: Notice. Departmental Reports Management Officer, be collected; and (4) Minimize the Office of the Chief Information Officer. burden of the collection of information SUMMARY: The proposed information collection requirement described below [FR Doc. E9–21729 Filed 9–8–09; 8:45 am] on those who are to respond; including has been submitted to the Office of BILLING CODE 4210–67–P the use of appropriate automated collection techniques or other forms of Management and Budget (OMB) for information technology, e.g., permitting review, as required by the Paperwork DEPARTMENT OF HOUSING AND electronic submission of responses. Reduction Act. The Department is URBAN DEVELOPMENT This Notice lists the following soliciting public comments on the information: subject proposal. [Docket No. FR–5282–N–06] Title of Proposal: HUD NEPA ARRA Under the Single Family Mortgage Section 1609(c) Reporting. Foreclosure Act of 1994, HUD may Notice of Submission of Proposed exercise a nonjudicial power of sale of Information Collection to OMB; Description of Information Collection: The temporary electronic form will be single-family HUD-held mortgages and Comment Request; HUD NEPA ARRA may appoint foreclosure commissioners Section 1609(c) Reporting provided by HUD to be used by grantees [i.e., Respondents] for the purpose of to do this. HUD needs the notice and AGENCY: Office of the Chief Information complying with the ARRA Section resulting applications for compliance Officer, HUD. 1609(c) statutory requirement. Grantees with the Act’s requirements that commissioners be qualified. Most ACTION: Notice of proposed information who receive American Recovery and collection. Reinvestment Act (ARRA) funding for respondents will be attorneys, but projects must report on the status and anyone may apply. SUMMARY: The proposed information progress of their projects and activities DATES: Comments Due Date: October 9, collection requirement described below with respect to compliance with the 2009. has been submitted to the Office of National Environmental Policy Act ADDRESSES: Interested persons are Management and Budget (OMB) for (NEPA) requirements and invited to submit comments regarding review and extension of the current documentation. HUD will consolidate this proposal. Comments should refer to approval, as required by the Paperwork and transmit the information received the proposal by name and/or OMB Reduction Act. The Department is from grantees to the Council on approval Number (2510–0012) and soliciting public comments on the Environmental Quality and OMB for the should be sent to: HUD Desk Officer, subject proposal. Administration’s reports to the House Office of Management and Budget, New DATES: Comments Due Date: November and Senate committees designated in Executive Office Building, Washington, 9, 2009. the legislation. DC 20503; fax: 202–395–5806.

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FOR FURTHER INFORMATION CONTACT: information to: (1) Evaluate whether the Title of Proposal: Notice of Lillian Deitzer, Reports Management proposed collection of information is Application for Designation as a Single Officer, QDAM, Department of Housing necessary for the proper performance of Family Foreclosure Commissioner and Urban Development, 451 Seventh the functions of the agency, including OMB Approval Number: 2510–0012 Street, SW., Washington, DC 20410; e- whether the information will have Form Numbers: None. mail Lillian Deitzer at practical utility; (2) Evaluate the Description of the Need for the [email protected] or accuracy of the agency’s estimate of the Information and its Proposed Use: telephone (202) 402–8048. This is not a burden of the proposed collection of Under the Single Family Mortgage toll-free number. Copies of available information; (3) Enhance the quality, Foreclosure Act of 1994, HUD may documents submitted to OMB may be utility, and clarity of the information to exercise a nonjudicial power of sale of obtained from Ms. Deitzer. be collected; and (4) Minimize the single-family HUD-held mortgages and SUPPLEMENTARY INFORMATION: This burden of the collection of information may appoint foreclosure commissioners notice informs the public that the on those who are to respond; including to do this. HUD needs the notice and Department of Housing and Urban through the use of appropriate resulting applications for compliance Development has submitted to OMB a automated collection techniques or with the Act’s requirements that request for approval of the Information other forms of information technology, commissioners be qualified. Most collection described below. This notice e.g., permitting electronic submission of respondents will be attorneys, but is soliciting comments from members of responses. anyone may apply. the public and affecting agencies This notice also lists the following Frequency of Submission: On concerning the proposed collection of information: occasion.

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

Reporting Burden ...... 30 1 0.50 15

Total Estimated Burden Hours: 15. mortgages to HUD. In connection with proposed collection of information is Status: Extension of a currently the assignment, legal documents (e.g. necessary for the proper performance of approved collection. mortgage, mortgage note, security the functions of the agency, including Authority: Section 3507 of the Paperwork agreement, title insurance policy) must whether the information will have Reduction Act of 1995, 44 U.S.C. 35, as be submitted to the Department. practical utility; (2) Evaluate the amended. DATES: Comments Due Date: October 9, accuracy of the agency’s estimate of the Dated: September 3, 2009. 2009. burden of the proposed collection of information; (3) Enhance the quality, Lillian Deitzer, ADDRESSES: Interested persons are utility, and clarity of the information to Departmental Reports Management Officer, invited to submit comments regarding be collected; and (4) Minimize the Office of the Chief Information Officer. this proposal. Comments should refer to burden of the collection of information [FR Doc. E9–21703 Filed 9–8–09; 8:45 am] the proposal by name and/or OMB on those who are to respond; including approval Number (2510–0006) and BILLING CODE 4210–67–P through the use of appropriate should be sent to: HUD Desk Officer, automated collection techniques or Office of Management and Budget, New other forms of information technology, DEPARTMENT OF HOUSING AND Executive Office Building, Washington, e.g., permitting electronic submission of URBAN DEVELOPMENT DC 20503; fax: 202–395–5806. responses. [Docket No. FR–5281–N–65] FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management This Notice Also Lists the Following Legal Instructions Concerning Officer, QDAM, Department of Housing Information Applications for Full Insurance and Urban Development, 451 Seventh Title of Proposal: Legal Instructions Benefits-Assignment of Multifamily Street, SW., Washington, DC 20410; e- Concerning Applications for Full Mortgages to the Secretary mail Lillian Deitzer at Insurance Benefits—Assignment of [email protected] or AGENCY: Office of the Chief Information Multifamily Mortgages to the Secretary. telephone (202) 402–8048. This is not a Officer, HUD. OMB Approval Number: 2510–0006. toll-free number. Copies of available Form Numbers: None. ACTION: Notice. documents submitted to OMB may be Description of the Need for the SUMMARY: The proposed information obtained from Ms. Deitzer. Information and Its Proposed Use: collection requirement described below SUPPLEMENTARY INFORMATION: This Mortgagees of HUD-insured multi- has been submitted to the Office of notice informs the public that the family loans may receive mortgage Management and Budget (OMB) for Department of Housing and Urban insurance benefits upon assignment of review, as required by the Paperwork Development has submitted to OMB a mortgages to HUD. In connection with Reduction Act. The Department is request for approval of the Information the assignment, legal documents (e.g. soliciting public comments on the collection described below. This notice mortgage, mortgage note, security subject proposal. is soliciting comments from members of agreement, title insurance policy) must Mortgagees of HUD-insured multi- the public and affecting agencies be submitted to the Department. family loans may receive mortgage concerning the proposed collection of Frequency of Submission: On insurance benefits upon assignment of information to: (1) Evaluate whether the occasion.

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Number Of Annual Hours Per respondents responses x response = Burden Hours

Reporting burden ...... 128 1 ...... 26 ...... 3,328

Total Estimated Burden Hours: 3,328. the Docket ID column, select MMS– basis. Production from leases in the Status: Extension of a currently 2009–OMM–0004 to submit public same water depth and area issued after approved collection. comments and to view supporting and November 28, 2000, also can qualify for Authority: Section 3507 of the Paperwork related materials available. Information royalty suspension in addition to any Reduction Act of 1995, 44 U.S.C. 35, as on using Regulations.gov, including that may be included in their lease amended. instructions for accessing documents, terms. In addition, Federal policy and statute Dated: September 2, 2009. submitting comments, and viewing the docket after the close of the comment require us to recover the cost of services Lillian Deitzer, period, is available through the site’s that confer special benefits to Departmental Reports Management Officer, User Tips link. The MMS will post all identifiable non-Federal recipients. The Office of the Chief Information Officer. comments. Independent Offices Appropriation Act [FR Doc. E9–21730 Filed 9–8–09; 8:45 am] • Mail or hand-carry comments to the (31 U.S.C. 9701), Office of Management BILLING CODE 4210–67–P Department of the Interior; Minerals and Budget (OMB) Circular A–25, and Management Service; Attention: Cheryl the Omnibus Appropriations Bill (Pub. Blundon; 381 Elden Street, MS–4024; L. 104–133 110 Stat. 1321, April 26, DEPARTMENT OF THE INTERIOR Herndon, Virginia 20170–4817. Please 1996) authorize the Minerals reference Information Collection 1010– Management Service (MMS) to collect Minerals Management Service 0071 in your subject line and include these fees to reimburse us for the cost your name and address. to process applications or assessments. [Docket No. MMS–2009–OMM–0004] Regulations at 30 CFR part 203 FOR FURTHER INFORMATION CONTACT: implement these statutes and policy and MMS Information Collection Activity: Cheryl Blundon, Regulations and require respondents to pay a fee to 1010–0071, Relief or Reduction in Standards Branch, (703) 787–1607. You request royalty relief. Section 203.3 Royalty Rates, Extension of a may also contact Cheryl Blundon to states that, ‘‘We will specify the Collection; Submitted for Office of obtain a copy, at no cost, of the necessary fees for each of the types of Management and Budget (OMB) regulation that requires the subject royalty-relief applications and possible Review; Comment Request collection of information. MMS audits in a Notice to Lessees. We AGENCY: Minerals Management Service SUPPLEMENTARY INFORMATION: will periodically update the fees to (MMS), Interior. Title: 30 CFR 203, Relief or Reduction reflect changes in costs as well as in Royalty Rates. provide other information necessary to ACTION: Notice of extension of an OMB Control Number: 1010–0071. information collection (1010–0071). administer royalty relief.’’ Abstract: The Outer Continental Shelf The MMS uses the information to SUMMARY: To comply with the (OCS) Lands Act, as amended by Public make decisions on the economic Paperwork Reduction Act of 1995 Law 104–58, Deep Water Royalty Relief viability of leases requesting a (PRA), we are notifying the public that Act (DWRRA), gives the Secretary of the suspension or elimination of royalty or we have submitted to OMB an Interior (Secretary) the authority to net profit share. These decisions have information collection request (ICR) to reduce or eliminate royalty or any net enormous monetary impacts to both the renew approval of the paperwork profit share specified in OCS oil and gas lessee and the Federal Government. requirements in the regulations under leases to promote increased production. Royalty relief can lead to increased 30 CFR 203, Relief or Reduction in The DWRRA also authorized the production of natural gas and oil, Royalty Rates, and related documents. Secretary to suspend royalties when creating profits for lessees and royalty This notice also provides the public a necessary to promote development or and tax revenues for the government second opportunity to comment on the recovery of marginal resources on that they might not otherwise receive. paperwork burden of these regulatory producing or non-producing leases in We could not make an informed requirements. the Gulf of Mexico (GOM) west of 87 decision without the collection of degrees, 30 minutes West longitude. information required by 30 CFR part DATE: Submit written comments by Section 302 of the DWRRA provides 203. October 9, 2009. that new production from a lease in Regulations implementing these ADDRESSES: You should submit existence on November 28, 1995, in a responsibilities are under 30 CFR part comments directly to the Office of water depth of at least 200 meters, and 203. Responses are mandatory or are Information and Regulatory Affairs, in the GOM west of 87 degrees, 30 required to obtain or retain a benefit. No OMB, Attention: Desk Officer for the minutes West longitude qualifies for questions of a sensitive nature are Department of the Interior (1010–0071), royalty suspension in certain situations. asked. The MMS protects information either by fax (202) 395–5806 or e-mail To grant a royalty suspension, the considered proprietary according to 30 ([email protected]). Please Secretary must determine that the new CFR parts 203.63 and 250, and the also send a copy to MMS by either of production or development would not Freedom of Information Act (5 U.S.C. the following methods: be economic in the absence of royalty 552) and its implementing regulations • Electronically: Go to http:// relief. The Secretary must then (43 CFR part 2). www.regulations.gov. Under the tab determine the volume of production on Frequency: On occasion. More Search Options, click Advanced which no royalty would be due in order Description of Respondents: Potential Docket Search, then select Minerals to make the new production from the respondents comprise Federal OCS oil Management Service from the agency lease economically viable. This and gas lessees and/or operators. It drop-down menu, then click submit. In determination is done on a case-by-case should be noted that not all of the

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potential respondents will submit information collection is a total of 2,635 perform certain requirements in the information in any given year and some hours. The following chart details the normal course of their activities. We may submit multiple times. individual components and estimated consider these to be usual and Estimated Reporting and hour burdens. In calculating the customary and took that into account in Recordkeeping Hour Burden: The burdens, we assumed that respondents estimating the burden. estimated annual hour burden for this

Average No. Annual Citation 30 CFR 203 Reporting or recordkeeping requirement 30 CFR part 203 Hour of annual burden burden responses hours

Application/Audit Fees

2(b); 3; 4; 70 ...... These sections contain general references to submitting reports, applications, requests, copies, 0 demonstrating qualifications, for MMS approval—burdens covered under specific requirements.

Royalty Relief for Ultra-Deep Gas Wells and Deep Gas Wells on Shallow Water Leases

31(c) ...... Request a refund of or recoup royalties from qualified ultra- 1 ...... 1 request ...... 1 deep wells.

35(d); 44(e) ...... Request to extend the deadline for beginning production with 4 ...... 2 requests ...... 8 required supporting documentation.

41(d) ...... Request a refund of or recoup royalties from qualified wells 1 ...... 1 request ...... 1 >200 meters but <400 meters.

35(a); 44(a); 47(a) ...... Notify MMS of intent to begin drilling ...... 1 ...... 27 notifications 27

35(c), (d); 44(b), (d), (e) ...... Notify MMS that production has begun, request confirmation 2 ...... 24 notifications 48 of the size of RSV, provide supporting documentation.

46 ...... Provide data from well to confirm and attest well drilled was 8 ...... 4 responses ...... 32 an unsuccessful certified well with supporting documentation and request supplement.

49(b) ...... Notify MMS or decision to exercise option to replace one set The MMS SOL requires that this 0 of deep gas royalty suspension terms for another set of reg text stay for legacy pur- such terms. poses only. Last time any respondent could use was 2004; hence, no burden.

Subtotal ...... 59 ...... 117

End of Life and Special Royalty Relief*

51; 83; 84 NTL ...... Application—leases that generate earnings that cannot sus- 100 ...... 1 application 34 (rounded) tain continued production (end-of-life lease); required sup- every 3 years. porting documentation.

application 1⁄3 × $8,000 = $2,667 (rounded)* audit 1⁄3 × $12,500 = $4,167 (rounded)

52 ...... Demonstrate ability to qualify for royalty relief or to re-qualify 1 ...... 1 response ...... 1

55 ...... Renounce relief arrangement (end-of-life) (seldom, if ever will 1 ...... 1 letter every 3 1 (rounded) be used; minimal burden to prepare letter). years.

80 NTL ...... Application—apart from formal programs for royalty relief for 250 ...... 1 application 125 marginal producing lease (Special Case Relief); required every 2 years. supporting documentation.

application 1⁄2 × $8,000** = $4,000 audit 1⁄4 × $12,500 = $3,125

80 NTL ...... Application—apart from formal programs for royalty relief for 1,000 ...... 1 application 500 marginal expansion project or marginal non-producing every 2 years. lease (Special Case Relief); required supporting documentation.

application 1⁄2 × $19,500** = $9,750 audit 1⁄4 × $18,750 = $4,688

3 (rounded) ...... 661

Subtotal ...... $28,397 fees

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Average No. Annual Citation 30 CFR 203 Reporting or recordkeeping requirement 30 CFR part 203 Hour of annual burden burden responses hours

CPA Report

81; 83–90 ...... Required reports; extension justification ...... Burden included with applications 0

1 CPA report × $45,000 each = $45,000

Subtotal ...... 1 ...... $45,000

Deep Water Royalty Relief Act (DWRAA)

61; 62; 64; 65; 71; 83; 85–89; Application—preview assessment (seldom if ever will be 900 ...... 1 application 300 NTL. used as applicants generally opt for binding determination every 3 years. by MMS instead) and required supporting documentation.

application 1⁄3 × $28,500 = $9,500

62; 64; 65; 71; 83; 85–89 ...... Application—leases in designated areas of GOM deep water 2,000 ...... 1 application 667 (round- acquired in lease sale before 11/28/95 or after 11/28/00 every 3 years. ed) and are producing (deep water expansion project); required supporting documentation.

application 1⁄3 × $19,500 = $6,500

62; 64; 65; 203.71; 81; 83; Application—leases in designated areas of deep water GOM, 2,000 ...... 1 application 667 (round- 85–89; NTL. acquired in lease sale before 11/28/95 or after 11/28/00 every 3 years. ed) that have not produced (pre-act or post-2000 deep water leases); required supporting documentation.

application 1⁄3 × $34,000 = $11,334 (rounded)* audit 1⁄3 × $37,500 = $12,500

70; 81; 90; 91 ...... Submit fabricator’s confirmation report; extension justification 20 ...... 1 report every 3 7 (rounded) years.

70; 81; 90; 92; NTL ...... Submit post-production development report; extension jus- 50 ...... 1 report* every 3 17 (rounded) tification. # Reserve right to audit (1 audit every 6 years) years. after production starts to confirm cost estimates of the application.

# audit 1⁄6 × $18,750 = $3,125

74; 75; NTL ...... Redetermination and required supporting documentation ...... 500 ...... 1 redetermina- 167 (round- tion every 3 ed) years.

application 1⁄3 × $16,000 = $5,334 (rounded)*

77 ...... Renounce relief arrangement (deep water) (seldom, if ever 1 ...... 1 letter every 3 1 (rounded) will be used; minimal burden to prepare letter). years.

79(a) ...... Request reconsideration of MMS field designation ...... This was a regulatory require- 0 ment for leases issued prior to 1995

79(c) ...... Request extension of deadline to start construction ...... 2 ...... 1 request every 1 (rounded) 3 years.

81; 83–90 ...... Required reports; extension justification ...... Burden included with applications 0

83; NTL ...... Application—short form to add or assign pre-Act lease and 40 ...... 1 application 14 (rounded) required supporting documentation. every 3 years.

application 1⁄3 × $1,000 = $334 (rounded)

3 (rounded) ...... 1,841

Subtotal ...... $48,627

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Average No. Annual Citation 30 CFR 203 Reporting or recordkeeping requirement 30 CFR part 203 Hour of annual burden burden responses hours

Recordkeeping

81(d) ...... Retain supporting cost records for post-production develop- 8 ...... 2 recordkeepers 16 ment/fabrication reports (records retained as usual/customary business practice; minimal burden to make available at MMS request).

Subtotal ...... 2 recordkeepers 16

...... 68 ...... 2,635 Total Annual Burden ...... $122,024 Fees * CPA certification expense burden also imposed on applicant. ** These applications currently do not have a set fee since they are done on a case-by-case basis. Note: Applications include numerous items such as: Transmittal letters, letters of request, modifications to applications, reapplications, etc.

Estimated Reporting and comments to: (a) Evaluate whether the personal identifying information—may Recordkeeping Non-Hour Cost Burden: proposed collection of information is be made publicly available at any time. There are two non-hour costs associated necessary for the agency to perform its While you can ask us in your comment with this information collection. The duties, including whether the to withhold your personal identifying estimated non-hour cost burden is information is useful; (b) evaluate the information from public review, we $122,024. This estimate is based on: accuracy of the agency’s estimate of the cannot guarantee that we will be able to (a) Application and audit fees. The burden of the proposed collection of do so. total annual estimated cost burden for information; (c) enhance the quality, MMS Information Collection these fees is $77,024 (refer to burden usefulness, and clarity of the Clearance Officer: Arlene Bajusz, (202) chart). information to be collected; and (d) 208–7744. (b) Cost of reports prepared by minimize the burden on the Dated: June 23, 2009. independent certified public respondents, including the use of E.P. Danenberger, accountants. Under § 203.81, a report automated collection techniques or prepared by an independent certified other forms of information technology. Chief, Office of Offshore Regulatory Programs. public accountant must accompany the To comply with the public [FR Doc. E9–21708 Filed 9–8–09; 8:45 am] application and post-production report consultation process, on April 22, 2009, BILLING CODE 4310–MR–P (expansion project, short form, and we published a Federal Register notice preview assessment applications are (74 FR 18393) announcing that we excluded). The OCS Lands Act would submit this ICR to OMB for DEPARTMENT OF THE INTERIOR applications will require this report approval. The notice provided the Bureau of Land Management only once; the DWRRA applications will required 60-day comment period. In require this report at two stages—with addition, § 203.82 provides the OMB [AA–11126; LLAK–962000–L14100000– the application and post-production control number for the information HY0000–P] development report for successful collection requirements imposed by the applicants. MMS estimates 30 CFR part 203 regulations. The Alaska Native Claims Selection approximately one submission each regulation also informs the public that year at an average cost of $45,000 per they may comment at any time on the AGENCY: Bureau of Land Management, report, for a total estimated annual cost collections of information and provides Interior. burden of $45,000. the address to which they should send ACTION: Notice of decision approving The total of the two burdens is comments. We have received no lands for conveyance. estimated at $122,024. comments in response to these efforts. Public Disclosure Statement: The PRA If you wish to comment in response SUMMARY: As required by 43 CFR (44 U.S.C. 3501, et seq.) provides that an to this notice, you may send your 2650.7(d), notice is hereby given that an agency may not conduct or sponsor a comments to the offices listed under the appealable decision approving the collection of information unless it ADDRESSES section of this notice. The conveyance of surface and subsurface displays a currently valid OMB control OMB has up to 60 days to approve or estates for certain lands pursuant to the number. Until OMB approves a disapprove the information collection Alaska Native Claims Settlement Act collection of information, you are not but may respond after 30 days. will be issued to Ahtna, Incorporated for obligated to respond. Therefore, to ensure maximum 773.78 acres located southwesterly of Comments: Section 3506(c)(2)(A) of consideration, OMB should receive the Native village of Tazlina, Alaska. the PRA (44 U.S.C. 3501, et seq.) public comments by October 9, 2009. Notice of the decision will also be requires each agency ‘‘* * * to provide Public Availability of Comments: published four times in the Anchorage notice * * * and otherwise consult Before including your address, phone Daily News. with members of the public and affected number, e-mail address, or other DATES: The time limits for filing an agencies concerning each proposed personal identifying information in your appeal are: collection of information * * *.’’ comment, you should be aware that 1. Any party claiming a property Agencies must specifically solicit your entire comment—including your interest which is adversely affected by

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the decision shall have until October 9, 406–896–5084 or Connie Schaff, Land the Detailed Statement of Lease Sale. 2009 to file an appeal. Law Examiner, at 406–896–5060. Copies of the statement and the 2. Parties receiving service of the SUPPLEMENTARY INFORMATION: This sale proposed coal lease are available at the decision by certified mail shall have 30 is being held in response to a lease by Montana State Office. Casefile NDM days from the date of receipt to file an application (LBA) filed by The BNI 97633 is also available for public appeal. Coal, Ltd. The Federal coal reserves to inspection at the Montana State Office. Parties who do not file an appeal in be offered consist of all recoverable Phillip C. Perlewitz, reserves in the following described accordance with the requirements of 43 Chief, Branch of Solid Minerals. lands: CFR part 4, subpart E, shall be deemed [FR Doc. E9–21663 Filed 9–8–09; 8:45 am] to have waived their rights. T. 142 N., R. 84 W., 5th P. M. 1 1 1 1 BILLING CODE 4310–DN–P ADDRESSES: A copy of the decision may Sec. 32: N ⁄2NW ⁄4, SW ⁄4NW ⁄4, be obtained from: Bureau of Land NW1⁄4SW1⁄4. Management, Alaska State Office, 222 The 160-acre tract, located in Oliver DEPARTMENT OF THE INTERIOR West Seventh Avenue, #13, Anchorage, County, North Dakota, contains an Alaska 99513–7504. estimated 3.0 million tons of Bureau of Reclamation FOR FURTHER INFORMATION CONTACT: The recoverable coal reserves. The tract averages 10.0 feet in thickness with an B.F. Sisk Dam Corrective Action Bureau of Land Management by phone Project, Merced County, CA at 907–271–5960, or by e-mail at average overburden depth of 75 feet, [email protected]. Persons 6,669 BTU per pound in heating value, AGENCY: Bureau of Reclamation, who use a telecommunication device 7.75 percent ash, and 0.88 percent Interior. (TDD) may call the Federal Information sulfur content. ACTION: Notice of intent to prepare an Relay Service (FIRS) at 1–800–877– The tract will be leased to the environmental impact statement/ 8339, 24 hours a day, seven days a qualified bidder of the highest cash environmental impact report (EIS/EIR) week, to contact the Bureau of Land amount provided that the high bid and notice of public scoping meeting. Management. meets or exceeds the BLM’s estimate of the fair market value of the tract. The SUMMARY: The Bureau of Reclamation Dina L. Torres, minimum bid for the tract is $100 per (Reclamation), as the lead federal Land Transfer Resolution Specialist, acre or fraction thereof. The minimum agency, and the State of California Resolution Branch. bid is not intended to represent fair Department of Water Resources (DWR), [FR Doc. E9–21662 Filed 9–8–09; 8:45 am] market value. The fair market value will as the lead state agency, are preparing BILLING CODE 4310–JA–P be determined by the authorized officer a joint EIS/EIR, pursuant to the National after the sale. Environmental Policy Act (NEPA) and The sealed bids should be sent by the California Environmental Quality DEPARTMENT OF THE INTERIOR certified mail, return-receipt requested, Act (CEQA), respectively, for the B.F. or be hand delivered to the Cashier, Sisk Dam Corrective Action Project Bureau of Land Management BLM Montana State Office, at the (proposed action). The purpose of the [MT–LLMTC03000–L13200000EL0000 NDM address given above and clearly marked proposed action is to improve public 97633] ‘‘Sealed Bid for NDM 97633 Coal Sale— safety by modifying B.F. Sisk Dam to Not to be opened before 11 a.m. October mitigate potential safety concerns Notice of Competitive Coal Lease Sale, 15, 2009.’’ The cashier will issue a identified in the ongoing Corrective North Dakota receipt for each hand-delivered bid. Action Study (CAS). Engineering and economic studies are currently being AGENCY: Bids received after 10 a.m. will not be Bureau of Land Management, conducted by Reclamation and DWR to Interior. considered. If identical high bids are received, the tying high bidders will be determine corrective action alternatives ACTION: Notice of Competitive Coal requested to submit follow-up sealed (modifications) that would address Lease Sale. bids until a high bid is received. All tie- potential safety concerns related to structure stability under extreme SUMMARY: Notice is hereby given that breaking sealed-bids must be submitted seismic loading conditions. A scoping the coal reserves in the lands described within 15 minutes following the sale meeting will be held to obtain input on below in Oliver County, North Dakota, official’s announcement at the sale that identical high bids have been received. alternatives, concerns, and issues to be will be offered for competitive lease by addressed in the EIS/EIR. Written sealed bid in accordance with the Prior to lease issuance, the high bidder, if other than the applicant, must pay to comments may also be sent, emailed, or provisions of the Mineral Leasing Act of faxed. 1920. the BLM the cost recovery fees in the amount of $21,756 in addition to all DATES: A public scoping meeting will be DATES: The lease sale will be held at 11 processing costs the BLM incurs after held on Wednesday, September 23, a.m. on October 15, 2009. Sealed bids the date of this sale notice (43 CFR 2009, from 3 p.m. to 7 p.m. at the San must be submitted on or before 10 a.m. 3473.2). Luis Recreation Area, Gustine, CA. October 15, 2009. A lease issued as a result of this ADDRESSES: The scoping meeting will be ADDRESSES: The lease sale will be held offering will provide for payment of an held in the conference room at the in the 920 Conference Room of the annual rental of $3 per acre, or fraction California Department of Parks and Bureau of Land Management (BLM) thereof, and a royalty payable to the Recreation Four Rivers Sector Office, Montana State Office, 5001 Southgate United States of 12.5 percent of the 31426 Gonzaga Road, Gustine, CA Drive, Billings, Montana 59101–4669. value of coal mined by surface methods 95322. Sealed bids must be submitted to the and 8.0 percent of the value of coal Written comments on the scope of the Cashier, BLM Montana State Office, at mined by underground methods. EIS/EIR should be sent by close of the address given above. Bidding instructions for the tracts business on Tuesday, October 6, 2009 FOR FURTHER INFORMATION CONTACT: offered and the terms and conditions of to: Ms. Patti Clinton, Bureau of Robert Giovanini, Mining Engineer, at the proposed coal lease are included in Reclamation, South-Central California

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Area Office, 1243 N Street, Fresno, CA While the current state of the art of Dated: July 2, 2009. 93721, or via e-mail to analysis still involves uncertainties and Anastasia T. Leigh, [email protected], or by fax to 559– does not permit precise calculation of Acting Regional Environmental Officer, Mid- 487–5397. the amount of settlement that would Pacific Region. FOR FURTHER INFORMATION CONTACT: Ms. occur, it is possible (although not likely) [FR Doc. E9–21723 Filed 9–8–09; 8:45 am] Patti Clinton, Bureau of Reclamation, that the embankment deformation BILLING CODE 4310–MN–P South-Central California Area Office at would exceed the available freeboard, the above address or e-mail address, or resulting in the reservoir overtopping by phone at 559–487–5127. the embankment and eroding a breach DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: B.F. Sisk of the dam. Even without overtopping, Bureau of Reclamation Dam is a 300-foot-high compacted it is possible that water flowing through earthfill embankment located on the cracks in the dam embankment could Reach 4B, Eastside Bypass and west side of California’s Central Valley erode a breach as well. Mariposa Bypass Low Flow Channel approximately 12 miles west of Los Reclamation is taking the lead on the and Structural Improvements Project Banos, California. The dam is more than CAS. DWR is an active participant and Under the San Joaquin River 1 3 ⁄2 miles long and impounds San Luis has participated in the Risk Analysis, Restoration Program, Merced County, Reservoir, which has a total capacity of has reviewed technical documents, and California over 2 million acre-feet. The dam was is participating in other CAS activities. built between 1963 and 1967 to provide AGENCY: Bureau of Reclamation, supplemental irrigation water storage Scoping Interior. for the Federal Central Valley Project ACTION: Notice of intent to prepare an and municipal and industrial water for Scoping is an open process that Environmental Impact Statement/ the California State Water Project. Water assists agencies in determining the Environmental Impact Report (EIS/EIR) is lifted into the reservoir for storage by scope of the EIS and in identifying and Notice of Scoping Meetings. the Gianelli Pumping-Generating Plant potentially significant issues related to from the California Aqueduct and from the proposed action. Scoping also SUMMARY: The Bureau of Reclamation the Delta-Mendota Canal via O’Neill provides an opportunity to identify and the California Department of Water Forebay. B.F. Sisk Dam (also known as alternatives to the proposed action and Resources (DWR) are proposing to San Luis Dam) is owned by Reclamation possible mitigation measures. All prepare a joint EIS/EIR, pursuant to the and operated by DWR. Of the total interested persons, organizations, and National Environmental Policy Act reservoir storage capacity, 55 percent is agencies wishing to provide comments, (NEPA) and the California allotted to State uses and 45 percent is suggestions, or relevant information on Environmental Quality Act (CEQA), to allotted to the Federal uses. the proposed action may do so by evaluate effects of the proposed Reach The dam and reservoir are located in sending input by regular mail to 4B, Eastside Bypass and Mariposa an area of high potential for severe Reclamation at the above address; Bypass Low Flow Channel and earthquake loading from identified attending and providing comments at Structural Improvements Project active faults, primarily the Ortigalita the public scoping meeting, or by (Proposed Action) under the San Fault that crosses the reservoir. In the sending e-mail to the above e-mail Joaquin River Restoration Program early 1980s, Reclamation conducted an address. (SJRRP or Program). The Proposed extensive investigation of the seismic Action includes the construction, safety of B.F. Sisk Dam. The Special Assistance for Public Scoping operation, and maintenance of a low investigation included drilling holes to Meeting flow channel in Reach 4B of the San sample the soils and test their density Joaquin River and in the Eastside and If special assistance is required at the Mariposa bypasses and improvements to in place, laboratory testing of the public hearings, please contact Ms. samples, and geophysical tests. Using facilities in the Eastside and Mariposa Lynnette Wirth at 916–978–5102, or via bypasses to allow for fish passage. The the methods available at the time, the e-mail at [email protected]. Please notify amount of deformation that would occur purpose of the Proposed Action is to Ms. Wirth as far in advance as possible comply with the San Joaquin River under severe shaking was predicted to to enable Reclamation to secure the be small, and the conclusion was that Settlement by improving conveyance needed services. If a request cannot be the dam had no safety deficiencies. capacity in Reach 4B of the San Joaquin honored, the requestor will be notified. By 2005, the state of the art in seismic River to ensure conveyance of at least analysis of dams had changed A telephone device for the hearing 475 cubic feet per second (cfs), significantly, and additional dam safety impaired (TDD) is available at 916–978– modifying the Eastside and Mariposa investigations were performed. These 5608. bypass channels to establish a low flow included a reevaluation of the Ortigalita Public Disclosure channel, and modifying structures in Fault, development of a new the Eastside and Mariposa bypasses to understanding of the behavior of the soil Before including your name, address, provide for fish passage. The Proposed materials (including embankment fill) phone number, e-mail address, or other Action is a component of the San under earthquake loading, and personal identifying information in your Joaquin River Settlement. development of new computer-based comment, you should be aware that Scoping meetings will be held to analysis methods for predicting the your entire comment—including your solicit input on alternatives, concerns, behavior of the dam under various personal identifying information—may and issues to be addressed in the EIS/ loadings. With the updated methods be made publicly available at any time. EIR. Written comments may also be and earthquake loadings, the dam crest While you can ask us in your comment sent. was predicted to settle, during the most to withhold your personal identifying DATES: Two scoping meetings will be severe earthquakes, resulting in the information from public review, we held to solicit comments from interested height of the dam crest being at the cannot guarantee that we will be able to parties to assist in determining the maximum water level in the reservoir. do so. scope of the environmental analysis,

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including the alternatives to be suitable low-flow channel, if the structural improvements along the San addressed, and to identify the Secretary of the Interior in consultation Joaquin River below Friant Dam, significant environmental issues related with the Restoration Administrator, releases of additional water from Friant to the Proposed Action. determines that such modifications are Dam to the confluence of the Merced • Wednesday, September 23, 2009, 6 to necessary to support anadromous fish River, and the reintroduction of spring 8 p.m., Los Banos, California migration through these channels. and/or fall-run Chinook salmon. • Thursday, September 24, 2009, 6 to 8 Because the functions of these The Settlement states that the p.m., Merced, California channels are interrelated, the design, Secretary of the Interior shall implement Written comments on the scope of the environmental compliance, and the terms and conditions of the EIS/EIR should be sent by October 9, construction are being addressed as one Settlement. Additionally, the Settling 2009. Proposed Action. The planning and Parties agreed that implementation of ADDRESSES: The public hearings will be environmental review for the Proposed the Settlement shall also require held at: Action is authorized under Section participation of the State of California. • Los Banos: Miller & Lux Building, 3406(c)(1) of the Central Valley Project Therefore, concurrent with the 830 6th Street. Improvement Act (CVPIA), (Pub. L. execution of the Settlement, the Settling 102–575) and the San Joaquin River • Merced: Merced Fairgrounds Rock Parties entered into a Memorandum of Restoration Act (SJRRA), included in House Facility, 900 Martin Luther King Understanding with the State of Public Law 111–11. Construction of the Jr. Way. California, by and through the California Proposed Action is authorized under Send written comments to Ms. Resources Agency, DWR, the Section 10004 of the SJRRA (Pub. L. Margaret Gidding, Bureau of Department of Fish and Game (DFG), 111–11). The Proposed Action would be Reclamation, 2800 Cottage Way, MP– and the California Environmental implemented consistent with both the 170, Sacramento, CA 95825 or via e- Protection Agency (CalEPA), regarding Settlement and the SJRRA, Public Law mail at [email protected]. the State’s role in the implementation of 111–11. FOR FURTHER INFORMATION CONTACT: Ms. the Settlement. The program established Margaret Gidding at the above address, San Joaquin River Restoration Program to implement the Settlement is the by telephone at 916–978–5461, TDD In 1988, a coalition of environmental SJRRP, and the ‘‘Implementing 916–978–5608 or via fax at 916–978– groups led by the Natural Resources Agencies’’ responsible for the 5469. Additional information is Defense Council (NRDC) filed a lawsuit management of the SJRRP include available online at http:// challenging the renewal of the long-term Reclamation, the U.S. Fish and Wildlife www.restoresjr.net. If special assistance water service contracts between the Service (USFWS), the National Marine is required at the scoping meetings, United States and the Central Valley Fisheries Service (NMFS), DWR, and please contact Ms. Margaret Gidding at Project Friant Division Contractors. DFG. The Federal Implementing the above phone or fax numbers or via After more than 18 years of litigation agencies (Reclamation, USFWS and e-mail at [email protected] no less known as NRDC, et al., v. Kirk Rodgers, NMFS) are authorized to implement the than ten working days prior to the et al., the NRDC, Friant Water Users Settlement under the SJRRA included in meetings. Authority, and the Departments of the Public Law 111–11. SUPPLEMENTARY INFORMATION: The Interior and Commerce (Settling Parties) A Program Environmental Impact Proposed Action includes improving reached agreement on the terms and Statement/Environmental Impact Report conveyance capacity in Reach 4B of the conditions of the San Joaquin River (PEIS/EIR) is currently being developed San Joaquin River to ensure conveyance Settlement (Settlement) which was for implementation of the SJRRP. If of at least 475 cfs, modifying the subsequently approved by the Court on applicable, the EIS/EIR for the Proposed Eastside and Mariposa bypass channels October 23, 2006. The Settlement can be Action will supplement, tier from, to establish a low flow channel, and found online at http:// incorporate by reference, or adopt modifying structures in the Eastside and www.restoresjr.net. relevant NEPA analyses from the PEIS/ Mariposa bypasses to provide for fish The Settlement is based on two EIR. The Record of Decision for the passage. The following are the parallel Goals: PEIS/EIR is anticipated to be signed in applicable Settlement Paragraphs • The Restoration Goal—To restore 2010. related to the Proposed Action: and maintain fish populations in ‘‘good • Paragraph 11(a)(3) stipulates condition’’ in the main stem of the San Public Disclosure channel modifications to Reach 4B to Joaquin River below Friant Dam to the Before including your name, address, ensure conveyance of at least 475 cfs. confluence of the Merced River, phone number, e-mail address, or other • Paragraph 11(a)(4) stipulates including naturally reproducing and personal identifying information in your modifications to the San Joaquin River self-sustaining populations of salmon comment, you should be aware that headgates at the upstream end of Reach and other fish; and your entire comment—including your • 4B to ensure fish passage and enable The Water Management Goal—To personal identifying information—may flow routing into Reach 4B. reduce or avoid adverse water supply be made publicly available at any time. • Paragraph 11(a)(5) stipulates impacts to all of the Friant Division While you can ask us in your comment modifications to the Sand Slough long-term Contractors that may result to withhold your personal identifying Control Structure to ensure fish passage. from the Interim Flows and Restoration • information from public review, we Paragraph 11(a)(8) stipulates Flows provided for in the Settlement. cannot guarantee that we will be able to modifications to structures in the The Settling Parties acknowledge that do so. Eastside and Mariposa bypass channels accomplishing the Goals requires to provide anadromous fish passage on planning, implementation, and funding Dated: July 13, 2009. an interim basis until a final flow of certain activities, such as Mike Chotkowski, routing is selected and completed. environmental review, design, and Regional Environmental Officer, Mid-Pacific • Paragraph 11(a)(9) stipulates construction. With regard to the Region. modifications in the Eastside and Restoration Goal, the Settlement calls [FR Doc. E9–21717 Filed 9–8–09; 8:45 am] Mariposa bypass channels to establish a for a combination of channel and BILLING CODE 4310–MN–P

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DEPARTMENT OF THE INTERIOR alternatives (i.e., excluding the unleased prepared for the remaining seven WPA blocks near biologically sensitive and CPA lease sales scheduled in the Minerals Management Service topographic features; and no action) OCS Oil and Gas Leasing Program: based on changes and any new relevant 2007–2012 (5-Year Program). In Preparation of an Environmental information and circumstances September 2008, MMS published a Assessment (EA) for Proposed Outer regarding potential environmental Supplemental Multi-sale EIS (OCS EIS/ Continental Shelf (OCS) Oil and Gas impacts and issues that were not EA MMS 2008–041) that addressed Lease Sale 215 in the Western Gulf of available at the time the Supplemental seven proposed Federal actions that Mexico Planning Area (2010) EIS was prepared to determine if would offer for lease areas on the GOM AGENCY: Minerals Management Service, preparation of a new supplemental EIS OCS that may contain economically Interior. is warranted. recoverable oil and gas resources. ACTION: Notice of Preparation (NOP) of 3. Supplemental Information After completion of this EA, MMS an EA. Final delineation of this area for will determine whether to prepare a Finding of No Significant Impact SUMMARY: possible leasing will be made at a later The purpose of the NOP is to (FONSI) or a Supplemental EIS for Sale gather information on oil and gas date and in compliance with applicable 215 and subsequent sales. The MMS leasing, exploration, and development laws, including all requirements of prepares a Consistency Determination that might result from an OCS oil and National Environmental Policy Act (CD) to determine whether the lease sale gas lease sale tentatively scheduled for (NEPA), Coastal Zone Management Act is consistent with each affected State’s mid-2010. (CZMA) and Outer Continental Shelf federally-approved Coastal Zone DATES: Comments must be received no Lands Act (OCSLA) and other applicable statutes. Established Management program. Finally, MMS later than October 9, 2009 at the address will solicit comments via the Proposed specified below. Departmental procedures will be followed. Notice of Sale (NOS) from the governors FOR FURTHER INFORMATION CONTACT: For The MMS routinely assesses the of the affected States on the size, timing, information on the NOP, you may status of information acquisition efforts and location of the lease sale. The contact Mr. Gary Goeke, Gulf of Mexico and the quality of the information base tentative schedule for the prelease OCS Region, 1201 Elmwood Park for potential decisions on a tentatively decision process for Lease Sale 215 is as Boulevard, New Orleans, Louisiana scheduled lease sale. An extensive follows: EA/FONSI or Supplemental EIS 70123–2394, telephone (504) 736–3233. environmental studies program has been decision, March–April 2010; CDs will Notice of Preparation of an under way in the Gulf of Mexico (GOM) be sent to the affected States 5 months Environmental Assessment since 1973. The emphasis, including before the lease sale; Proposed NOS sent continuing studies, has been on to the governors of the affected States 5 1. Authority ‘‘environmental analysis’’ of biologically months before the lease sale; Final NOS, This NOP is published pursuant to sensitive habitats, physical if applicable, will be published in the the regulations (40 CFR 1501.7) oceanography, ocean-circulation Federal Register in July 2010. implementing the provisions of NEPA of modeling, ecological effects of oil and 4. Comments 1969 as amended (42 U.S.C. 4321 et seq. gas activities, and hurricane impacts on (1988)). coastal communities and the Federal, State, and local government 2. Purpose of Notice of Preparation environment. agencies, and other interested parties Federal regulations allow for several are requested to send their written Pursuant to the regulations related or similar proposals to be comments on the EA, significant issues implementing the procedural provisions analyzed in one EIS (40 CFR 1502.4). that should be addressed, and of NEPA, the MMS is announcing its Each proposed lease sale and its alternatives that should be considered intent to prepare an EA on an oil and projected activities are very similar each in one of the following two ways: gas lease sale tentatively scheduled for year for each planning area. The mid-2010 in the Western Planning Area Multisale EIS (OCS EIS/EA MMS 2007– 1. In written form enclosed in an (WPA) offshore of Texas and western 018) addressed WPA Lease Sale 204 in envelope labeled ‘‘Comments on the Louisiana. The MMS is issuing this 2007, Sale 207 in 2008, Sale 210 in Lease Sale 215 EA’’ and mailed (or hand notice to facilitate public involvement. 2009, Sale 215 in 2010, and Sale 218 in carried) to the Regional Supervisor, The preparation of this EA is an 2011; and Central Planning Area (CPA) Leasing and Environment (MS 5410), important step in the decision process Lease Sale 205 in 2007, Sale 206 in Minerals Management Service, Gulf of for Lease Sale 215. The proposal for 2008, Sale 208 in 2009, Sale 213 in Mexico OCS Region, 1201 Elmwood Lease Sale 215 was analyzed in the Gulf 2010, Sale 216 in 2011, and Sale 222 in Park Boulevard, New Orleans, Louisiana of Mexico OCS Oil and Gas Lease Sales: 2012. However, the Gulf of Mexico 70123–2394. 2009–2012; Central Planning Area Sales Energy Security Act of 2006 repealed 2. Electronically to the MMS e-mail 208, 213, 216, and 222; Western the Congressional moratorium on address: [email protected]. Planning Area Sales 210, 215, and 218— approximately 5.8 million acres located Comments should be submitted no Final Supplemental Environmental in the southeastern part of the CPA. later than 30 days from the publication Impact Statement (Supplemental EIS, Therefore, it was necessary to prepare of this NOP. OCS EIS/EA MMS 2008–041). This EA additional NEPA documentation to for proposed Lease Sale 215 will address the MMS proposal to expand Dated: August 24, 2009. examine the potential environmental the CPA by the 5.8 million acre area. A S. Elizabeth Birnbaum, effects of the proposed lease sale and its single Supplemental Multi-sale EIS was Director, Minerals Management Service.

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[FR Doc. E9–21670 Filed 9–8–09; 8:45 am] Maryland. We will announce and post and Susquehanna NWRs. We prepared BILLING CODE 4310–MR–P details of the public meeting in local the draft CCP in compliance with the news media, via our project mailing list, National Environmental Policy Act of and on our Regional planning Web site, 1969, as amended (NEPA) (42 U.S.C. DEPARTMENT OF THE INTERIOR http://www.fws.gov/northeast/planning/ 4321 et seq.), and the National Wildlife eastern%20neck/ccphome.html. Refuge System Administration Act of Fish and Wildlife Service ADDRESSES: Send your comments or 1966 (Administration Act), as amended [FWS–R5–R–2008–N198; 50133–1265– requests for copies of the draft CCP/EA by the National Wildlife Refuge System XENP–S3] by one of the following methods. Improvement Act of 1997 (Improvement U.S. Mail: Nancy McGarigal, Natural Act), which requires us to develop a Eastern Neck National Wildlife Refuge, Resource Planner, U.S. Fish and CCP for each national wildlife refuge. Kent County, MD Wildlife Service, 300 Westgate Center We published our original notice of AGENCY: Fish and Wildlife Service, Drive, Hadley, MA 01035. intent to prepare a CCP in the Federal Interior. Fax: Attention: Nancy McGarigal, Register on June 11, 2002 (67 FR 40002). 413–253–8468. Due to changes in budget and staffing ACTION: Notice of availability: draft E-mail: [email protected]. priorities, the project was put on hold comprehensive conservation plan and Please put the words ‘‘Eastern Neck in 2003. We subsequently announced draft environmental assessment; request NWR CCP’’ in the subject line of your we were restarting the process by for comments. e-mail. publishing another notice in the Federal SUMMARY: The U.S. Fish and Wildlife Agency Web site: View or download Register on January 22, 2007 (72 FR Service (Service) announces the the draft document on the Web at 2709). availability of the draft comprehensive http://www.fws.gov/northeast/planning/ Eastern Neck NWR is a 2,285-acre conservation plan (CCP) and draft eastern%20neck/ccphome.html. island that lies at the confluence of the environmental assessment (EA) for FOR FURTHER INFORMATION CONTACT: Chester River and the Chesapeake Bay Eastern Neck National Wildlife Refuge Suzanne Baird, Project Leader, in Kent County, Maryland. Established (NWR), located in Kent County, Chesapeake Marshlands National in 1962 to protect migratory birds, the Maryland, with its office in Rock Hall, Wildlife Refuge Complex, 2145 Key refuge is recognized regionally as a Maryland. The draft CCP/EA describes Wallace Drive, Cambridge, MD 21613; major feeding and resting place for a three alternatives, including our phone 410–228–2692, extension 101; wide variety of migrating and wintering Service-preferred alternative B, for fax 410–228–3261; or e-mail at waterfowl. Its habitats are highly managing this refuge for the next 15 [email protected]. diverse, and include tidal marsh, open years. Also available for public review SUPPLEMENTARY INFORMATION: water, and woodland. Its managed and comment are the draft compatibility croplands also contribute to the quality determinations, which are included as Introduction of its habitats by providing a ready appendix B in the draft CCP/EA. This notice continues the CCP process source of high-energy food for wintering DATES: To ensure our consideration of for Eastern Neck NWR, which is one of waterfowl when their reserves are low. your written comments, please send the four refuges that comprise the The moist soil units and green tree them by October 9, 2009. We will also Chesapeake Marshlands NWR Complex. reservoirs on the refuge also are hold a public meeting in Rock Hall, The other three are Blackwater, Martin, managed to enhance habitats for

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migratory birds. Thousands of Atlantic scoping meetings. In January 2007, protecting the refuge shoreline and population Canada geese and black along with the release of the newsletter restoring tidal marsh habitats in ducks winter here, as do large rafts of announcing that we were restarting the partnership with others. We would also ruddy ducks, canvasbacks, and greater planning process, we held a public manage cropland on 557 acres, moist and lesser scaups. Of particular note are meeting in Rock Hall, Maryland. The soil units on 28 acres, and green tree the wintering tundra swans that use the purpose of that meeting was to share reservoirs on 38 acres. We would adjacent shallow waters. A small updated information on the planning continue to protect 708 acres of mature number of the federally listed process, review the 2002 scoping mixed forest and treat invasive plants as endangered Delmarva fox squirrel results, and solicit new management our funding and staffing allow. Our (Sciurus niger cinereus) occur on the issues and concerns. Throughout the biological monitoring and inventory refuge, as do breeding bald eagles and process, we have conducted additional program would continue at its current more than 60 migratory bird species of outreach via participation in community levels, focusing on surveys of breeding conservation concern. meetings, events, and other public and wintering birds. Although conserving wildlife and forums, and requested public input on Our visitor services programs would habitat is the refuge’s first priority, the managing the refuge and its programs. not change; we would continue to public can observe and photograph Some of the key issues in the public facilitate opportunities for fishing, wildlife, fish, hunt, or participate in comments include: hunting, observing and photographing environmental education and • The need to identify the most wildlife, and participating in interpretation programs. To facilitate effective strategies for enhancing environmental education and those activities, we maintain self- habitats for migrating and wintering interpretation programs. We would guiding trails, fishing and observation waterfowl, maintain, but not expand, the facilities platforms, and photography blinds. • Determining what other species and to support those activities. The seasonal School groups come throughout the year habitats should be management closures in some areas would continue for our educational and interpretive priorities, to protect nesting or wintering birds. We • programs. An annual deer hunt and Deciding how we can best control would continue to station three youth turkey hunt are also very popular invasive plants, and permanent staff at Eastern Neck NWR, • activities on the refuge. All programs How to work best with partners to and access to all refuge complex staff benefit from the active involvement of minimize shoreline erosion and the would continue to be available as the Friends of Eastern Neck and refuge degradation of shallow water habitats. needed. We considered all of these comments, volunteers. Alternative B (Emphasis on Tidal and incorporated many of them into the Wetlands and Waterfowl; the Service- Background varied alternatives in the draft CCP/EA. Preferred Alternative) The CCP Process CCP Actions We Are Considering, This alternative is the one we propose The Improvement Act requires us to Including the Service-Preferred as the best way to manage Eastern Neck develop a CCP for each national wildlife Alternative NWR over the next 15 years. It includes refuge. The purpose for developing We developed three management an array of management actions that, in those CCPs is to provide refuge alternatives based on the purposes for our professional judgment, works best managers with 15-year plans for establishing the refuge; its vision and toward achieving the refuge purposes, achieving refuge purposes and the goals; and the issues and concerns of the our vision and goals, and the goals of mission of the National Wildlife Refuge public, State agencies, and the Service other State and regional conservation System (NWRS), in conformance with that arose during the planning process. plans. We also believe it most sound principles of fish and wildlife The alternatives share some actions in effectively addresses the key issues management and conservation, legal common, such as protecting and raised during the planning process. mandates, and Service policies. In restoring the refuge shoreline and tidal The highest priority of the biological addition to outlining broad management marsh habitats, protecting nesting bald program in alternative B would be to direction on conserving wildlife and eagles and the federally listed Delmarva protect the refuge shoreline and tidal their habitats, CCPs identify fox squirrel, controlling invasive plants, marsh. We plan to work with partners opportunities for wildlife-dependent encouraging research that benefits our to create additional breakwaters and recreation available to the public, which resource decisions, protecting cultural restore 108 acres of native tidal marsh. includes opportunities for hunting, resources, distributing refuge revenue We would consolidate our cropland fishing, observing and photographing sharing payments to Kent County, management program into 372 acres in wildlife, and participating in supporting the Friends of Eastern Neck, fewer, larger fields to increase their use environmental education and and promoting the refuge volunteer by waterfowl. We would also improve interpretation programs. We will review program. migratory habitat for waterfowl, and update each CCP at least every 15 Other actions distinguish the shorebirds, and marsh birds by creating years, in accordance with the alternatives. The draft CCP/EA describes up to four new moist soil units on 21 Improvement Act. the alternatives in detail, and relates acres. As in alternative A, we would them to the issues and concerns. continue to monitor refuge forests and Public Outreach Highlights follow. wetlands for invasive plants, and make In conjunction with our first Federal treating them a priority. We would Register notice in June 2002, we Alternative A (Current Management) expand our biological monitoring and distributed a newsletter to more than This alternative is the ‘‘No Action’’ inventory program, and regularly 600 State agencies, organizations, and alternative required by NEPA. evaluate its results to help us better individuals on our project mailing list, Alternative A defines our current understand the implications of our asking about their interest in the refuge management activities, and serves as the management actions and identify ways and whether they had issues or baseline for comparing the other to improve their effectiveness. We concerns they would like us to address. alternatives. We would continue to would expand our support of At that time, we also held public focus our habitat management on compatible research programs, and

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would encourage the use of the refuge would consider a new trail and boat Web site http://www.blm.gov/ut/st/en/ to demonstrate restoration and best launch at the south end of the island, info/newsroom.2.html at least 15 days adaptive management practices. and would expand the turkey hunt by prior to each meeting. We will provide We would enhance opportunities for opening it to adult hunters for a limited additional opportunities for public all six priority public uses, and time. As in alternative B, we would participation upon publication of the emphasize two of them—wildlife improve Service outreach and visibility, Draft EIS, including a 45-day public observation and photography. We and station two new staff at the refuge. comment period. would seek new partnerships, such as Public Meetings ADDRESSES: Comments on issues related those with environmental educators, to to the Greater Chapita Wells EIS may be We will give the public opportunities encourage their use of the refuge as a submitted through any of the following to provide input at one public meeting living laboratory and help us improve methods: in Rock Hall, Maryland. You can obtain our programs. The seasonal closures in • E-mail: the schedule from the project leader or some areas would continue to protect [email protected]. natural resource planner (see ADDRESSES nesting or wintering birds. Outreach and • Fax: (435) 781–4410. or FOR FURTHER INFORMATION CONTACT, Service visibility on the refuge and in • Mail: 170 South 500 East, Vernal, above). You may also submit comments the local community would improve. Utah 84078. We would station two additional staff at at any time during the planning process, Eastern Neck NWR, but, as in alternative by any means shown in the ADDRESSES Documents pertinent to this proposal A, access to all refuge complex staff section. may be examined at the Vernal Field Office. would continue to be available as Public Availability of Comments needed. FOR FURTHER INFORMATION CONTACT: For Before including your address, phone further information and/or to have your Alternative C (Emphasis on Tidal number, e-mail address, or other Wetlands and Forest Habitat) name added to the mailing list, contact personal identifying information in your Stephanie Howard by telephone: (435) As in alternatives A and B, the highest comments, you should be aware that 781–4469; or e-mail: priority in alternative C is to protect and your entire comment—including your [email protected]. restore the refuge shoreline and tidal personal identifying information—may marsh. However, its emphasis on be made publicly available at any time. SUPPLEMENTARY INFORMATION: This managing forest habitat in the refuge While you can ask us in your comment document provides notice that the BLM uplands to benefit forest-dependent to withhold your personal identifying Field Office, Vernal, Utah intends to species distinguishes it from information from public review, we prepare an EIS for the Greater Chapita alternatives A and B. We would cannot guarantee that we will be able to Wells project and announces the eliminate the cropland program, and do so. beginning of the scoping process and would not construct new moist soil seeks public input on issues and Dated: August 7, 2009. planning criteria. The Greater Chapita units. Instead, we would allow those Salvatore M. Amato, lands to revert through natural Wells Natural Gas Infill Project Area Acting Regional Director, U.S. Fish and (GCWPA) consists of 42,027 acres in a succession to forest, and intervene with Wildlife Service, Hadley, MA 01035. treatments when necessary to ensure developed gas-producing area, located that a native, healthy, diverse forest [FR Doc. E9–21737 Filed 9–8–09; 8:45 am] approximately 30 miles southeast of results. BILLING CODE 4310–55–P Vernal and 12 miles east of Ouray, Utah. We would not begin any other The GCWPA is located in the Uinta significant new inventorying or Basin in Uintah County. The GCWPA DEPARTMENT OF THE INTERIOR monitoring, except established protocols includes 32,823 acres (78 percent) of when required by mandates on Federal Bureau of Land Management Federal lands administered by the BLM; trust species or when recommended by 1,914 acres (five percent) of State lands the Regional biologist. We would permit [LLUTG01100–09–L13100000–EJ0000] administered by the State of Utah compatible research programs requested School and Institutional Trust Lands Notice of Intent To Prepare an by our partners on refuge lands, but Administration; 6,727 acres (16 percent) Environmental Impact Statement for would limit our involvement. As in of Northern Ute Tribal and allotted the Greater Chapita Wells Natural Gas alternative B, we would encourage the lands administered by the Bureau of Infill Project, Uintah County, UT use of the refuge to demonstrate Indian Affairs; and 563 acres (one restoration and best adaptive AGENCY: Bureau of Land Management, percent) of privately owned lands. management practices. Interior. EOG Resources, Inc. (EOG) plans to Under alternative C, we would offer ACTION: Notice of intent. drill up to 7,028 new infill natural gas more visitor services programs and wells to fully develop all currently build more infrastructure than in SUMMARY: The Bureau of Land known productive formations beneath alternatives A or B. We would open for Management (BLM), Vernal Field Office, EOG’s leased acreage. EOG proposes to public access the areas previously Vernal, Utah, intends to prepare an drill wells at an average rate of closed to protect wintering waterfowl. Environmental Impact Statement (EIS) approximately 469 wells per year over The suitability of those areas for for the proposed Greater Chapita Wells a period of 15 years, or until the waterfowl would diminish greatly as Natural Gas Infill Project, and by this resource base is fully developed. The they revert to forest. We would improve notice is announcing the beginning of productive life of each well would be our programs for environmental the scoping process and soliciting input approximately 40 years, and EOG education, interpretation, and wildlife on the identification of issues. expects all wells to be productive. EOG observation and photography. We DATES: A public scoping period will end would use the existing infrastructure to would hold teacher workshops, become on October 9, 2009. The BLM will the greatest possible extent by drilling actively involved in developing local announce public scoping meetings to vertical and directional wells. Well pads school programs using the refuge, and identify relevant issues through local within the GCWPA would contain from promote senior education programs. We news media, newsletters, and the BLM one to six wells, with most well pads

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containing more than one well. EOG personal identifying information from accommodated on a first-come-first- would construct up to approximately public review, it cannot be guaranteed. served basis. 700 new well pads and access roads and Jeff Rawson, Assistance to Individuals With would expand approximately 979 Disabilities at the Public Meeting existing or previously authorized well Acting State Director. pads. If fully developed, each section [FR Doc. E9–21661 Filed 9–8–09; 8:45 am] The meeting site is accessible to would contain 32 well pads such that BILLING CODE 4310–DQ–P individuals with disabilities. If you plan optimal surface density would be one to attend and will require an auxiliary well pad every 20 acres. EOG would aid or service to participate in the directionally drill wells to produce from DEPARTMENT OF THE INTERIOR meeting (e.g., interpreting service, assistive listening device, or materials in bottom hole locations spaced at National Park Service approximately five to 10 acres. an alternate format), notify the contact The project would be supported by Concessions Management Advisory person listed in this notice at least 2 existing produced water disposal and Board, Meeting weeks before the scheduled meeting treatment facilities, produced water date. Attempts will be made to meet any AGENCY: Department of the Interior, pipelines, natural gas pipelines, and gas request(s) we receive after that date, National Park Service. compression and processing facilities. however, we may not be able to make EOG would construct and install ACTION: Notice of meeting. the requested auxiliary aid or service support facilities where needed, available because of insufficient time to SUMMARY: Notice is hereby given that a arrange for it. including new well pad access roads, meeting of the Concessions Management new or expanded well pads, new gas- Anyone may file with the Board a Advisory Board will be held on October written statement concerning matters to gathering lines, and new produced 21–22, starting at 9 a.m. each day at The water-injection wells. be discussed. The Board may also Ahwahnee Hotel, Yosemite National permit attendees to address the Board, Potential issues include impacts to Park, California. but may restrict the length of the local and regional air quality and air DATES: Wednesday, October 21 and presentations, as necessary to allow the quality related values; surface water and Thursday, October 22, 2009. Board to complete its agenda within the groundwater resources; floodplains; ADDRESSES: Tudor Room of The allotted time. Such requests should be cultural and paleontological resources; Ahwahnee Hotel, Yosemite National made to the Director, National Park soils; special status plant and animal Park, California 95389. Park phone Service, Attention: Chief, Commercial species; range management; recreation; number: (209) 372–0200. Services Program, at least 7 days prior and socioeconomics. Alternatives FOR FURTHER INFORMATION CONTACT: to the meeting. Draft minutes of the identified at this time include the meeting will be available for public proposed action and the no action National Park Service, WASO Commercial Services Program, 1201 Eye inspection approximately 6 weeks after alternative. Additional alternatives will the meeting, at the Commercial Services be developed as a result of issues and Street, NW., 11th Floor, Washington, DC 20005, telephone: 202/513–7150. Program office located at 1201 Eye concerns identified through the scoping Street, NW., 11th Floor, Washington, SUPPLEMENTARY INFORMATION: The process. DC. Concessions Management Advisory The BLM Vernal Field Office Record Board (the Board) was established by Dated: August 26, 2009. of Decision and Approved Resource Title IV, Section 409 of the National Daniel N. Wenk, Management Plan (RMP) (October 2008) Parks Omnibus Management Act of Acting Director. directs the management of the BLM- 1998, November 13, 1998 (Pub. L. 105– administered public lands within the [FR Doc. E9–21632 Filed 9–8–09; 8:45 am] 391). The purpose of the Board is to GCWPA. The RMP provides for energy BILLING CODE M advise the Secretary and the National resource exploration and development Park Service on matters relating to including a variety of oil and gas management of concessions in the DEPARTMENT OF THE INTERIOR operations and geophysical National Park System. The Board will explorations, unless precluded by other meet at 9 a.m. Wednesday, October 21, Bureau of Land Management program prescriptions and surface- and 9 a.m. on Thursday, October 22, for disturbance related stipulations (RMP, the regular business meeting and [LLIDB00000 L11500000.CB0000 pp. 96 and 97). LXSS024D0000: 4500008921] continued discussion on a number of Comments on issues and planning subjects that will include: Notice of Public Meeting: Resource • criteria may be submitted in writing to Concession Contracting Status Advisory Council to the Boise District, the BLM at any public scoping meeting, Update. • Bureau of Land Management, U.S. or using one of the methods listed in the Regional Reports. Department of the Interior ADDRESSES section above. To be most • Rate Approval Review and helpful, comments should be submitted Standards, Evaluations, and Rate AGENCY: Bureau of Land Management, by the end of the public scoping period Approval Project Update. U.S. Department of the Interior. • (within 30 days from the BLM’s Cooperating Association Steering ACTION: Notice of public meeting. publication in the Federal Register). Committee Report. Before including an address, phone • Report on Professionalization of SUMMARY: In accordance with the number, e-mail address, or other Commercial Services Program—Human Federal Land Policy and Management personal identifying information in your Capital Strategy. Act (FLPMA) and the Federal Advisory comment, be aware that the entire • New business. Committee Act of 1972 (FACA), the U.S. comment—including personal The meeting will be open to the Department of the Interior, Bureau of identifying information—may be made public, however, facilities and space for Land Management (BLM) Boise District publicly available at any time. While a accommodating members of the public Resource Advisory Council (RAC), will request can be made to withhold are limited, and persons will be hold a meeting as indicated below.

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DATES: The meeting will be held DEPARTMENT OF THE INTERIOR proposed supplementary rules, and October 7, 2009 at the Boise District should explain the reason for any Offices beginning at 9 a.m. and Bureau of Land Management recommended change. Where possible, adjourning at 4 p.m. Members of the [LLCOS05400–L17110000 PA000 comments should reference the specific public are invited to attend, and LXSIGGCA0000] section or paragraph of the rules that the comment periods will be held during comment is addressing. The BLM is not the course of the day. Notice of Proposed Supplementary obligated to consider or include in the Rules for Public Lands in Colorado: Administrative Record for the final rules FOR FURTHER INFORMATION CONTACT: MJ Gunnison Gorge National comments that are postmarked or Byrne, Public Affairs Officer and RAC Conservation Area (GGNCA) and electronically dated after the close of the Coordinator, BLM Boise District, 3948 Adjacent Public Lands Administered comment period (see DATES) or Development Ave., Boise, ID 83705, by the Bureau of Land Management comments delivered to an address other Telephone (208) 384–3393. Uncompahgre Field Office, Montrose than the address listed above (See SUPPLEMENTARY INFORMATION: The 15- and Delta Counties, CO ADDRESSES). Comments, including names, street member Council advises the Secretary AGENCY: Bureau of Land Management, addresses, and other contact of the Interior, through the BLM, on a Interior. variety of planning and management information of respondents, will be ACTION: Proposed supplementary rules issues associated with public land available for public review at the BLM for the GGNCA and adjacent public Uncompahgre Field Office, 2465 S. management in southwestern Idaho. lands in southwestern Colorado. Items on the agenda will include update Townsend Avenue, Montrose, Colorado on development of the Gateway West SUMMARY: Bureau of Land Management 81401. Before including your address, 500KV Electrical Transmission Lines, (BLM) Colorado is proposing phone number, e-mail address, or other and accompanying Environmental supplementary rules for the GGNCA and personal identifying information in your Impact Statement (EIS); an update on adjacent public lands included in the comment, you should be aware that the status of Economic Recovery and 2004 GGNCA Resource Management your entire comment—including your Reinvestment Act of 2009 (ARRA) Plan (RMP) and managed by the GGNCA personal identifying information—may projects in the Boise District; a review and Uncompahgre Field Offices in be made publicly available at any time. of public comments received on draft Montrose and Delta Counties, Colorado. While you can ask us in your comment alternatives for the EIS for the Four The rules implement decisions found in to withhold your personal identifying information from public review, we Rivers Field Office Resource the RMP and relate to the use of the cannot guarantee that we will be able to Management Plan (RMP), and; updates lands, conduct, health and safety of do so. to the charters of some existing and new public land users, and protection of subgroups to be formed will be reported natural resources. The proposed rules II. Background on. Hot Topics, including an update on address off-road vehicle use and safety, These proposed supplementary rules actions related to the Owyhee firearms, hunting and target shooting, pets and pack stock use, camping, waste apply to the Gunnison Gorge National Management Act, will be discussed by Conservation Area (GGNCA), the District Manager. Field Office disposal, group size limits, permit requirements, and length of stay. These approximately 62,844 acres of public managers will provide highlights for lands that include the 17,784-acre discussion on activities in their offices. supplementary rules will be added to the current rules in effect for the Gunnison Gorge Wilderness, and 32,937 Agenda items and location may change acres of adjacent public lands managed due to changing circumstances. The GGNCA, Gunnison Gorge Wilderness, and adjacent public lands. The under the GGNCA management plan. RAC will be invited to observe a BLM The GGNCA was established by Public gather of wild horses from one of the supplementary rules will be enforced by BLM law enforcement rangers. Law 106–76 on October 21, 1999. District’s Herd Management Areas The GGNCA is located 10 miles north scheduled to take place during the DATES: Please send comments to the following address by November 9, 2009. of Montrose, Colorado, bordered by the month of October. If the gather lands on Black Canyon of the Gunnison National the date of the RAC meeting, the agenda Comments received or postmarked after this date may not be considered in the Park to the south. The proposed will be changed to accommodate this supplementary rules will help the BLM activity. All RAC meetings are open to development of the final supplementary rules. achieve management objectives and the public. The public may present implement decisions in the GGNCA ADDRESSES: written or oral comments to members of Please mail or hand-deliver Resource Management Plan (RMP) the Council. At each full RAC meeting comments to Karen Tucker, GGNCA, approved on November 12, 2004. These time is provided in the agenda for BLM Uncompahgre Field Office, 2465 S. supplementary rules will also allow the hearing public comments. Depending on Townsend Avenue, Montrose, Colorado BLM to increase law enforcement efforts the number of persons wishing to 81401. that will help mitigate damage to comment and time available, the time FOR FURTHER INFORMATION CONTACT: natural resources and provide for public for individual oral comments may be Karen Tucker, GGNCA (970) 240–5300, health and safe public recreation. limited. Individuals who plan to attend e-mail: [email protected] or Ted and need special assistance, should Moe, BLM Law Enforcement Ranger, III. Discussion of the Proposed Supplementary Rules contact the BLM Coordinator as (970) 240–5341, e-mail: _ provided above. ted [email protected]. These proposed supplementary rules Dated: September 2, 2009. SUPPLEMENTARY INFORMATION: apply to a total of 95,781 acres of public lands managed by the BLM within the David Wolf, I. Public Comment Procedures GGNCA RMP planning area. The area Acting District Manager. Written comments on the proposed includes 62,844 acres of National [FR Doc. E9–21739 Filed 9–8–09; 8:45 am] supplementary rules should be specific, Conservation Area (NCA) lands and BILLING CODE 4310–GG–P confined to issues pertinent to the 32,937 acres of non-NCA lands within

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Montrose and Delta Counties, Colorado, implement key RMP decisions intended (4) Would the proposed in the following townships: to enhance user safety and ensure supplementary rules be easier to Colorado, Sixth Principal Meridian compliance with travel management understand if they were divided into restrictions to protect critical resources more (but shorter) sections? T. 14 S., R. 95 W. through 93 W. and scenic values in different (5) Is the description of the proposed T. 15 S., R. 95 W. through 93 W. management areas within the GGNCA supplementary rules in the New Mexico Principal Meridian and adjacent public lands. The implementation of these rules in SUPPLEMENTARY INFORMATION section of T. 51 N., R. 10 W. through 7 W. the GGNCA and on adjacent public this preamble helpful in understanding T. 50 N., R. 10 W. through 6 W. the proposed supplementary rules? How T. 49 N., R 9 W. through 8 W. lands is a major step in providing the resources necessary to meet these goals could this description be more helpful These rules are consistent with the and objectives. The Uncompaghre Field in making the proposed supplementary Record of Decision of the 2004 GGNCA Office proposes to add these additional rules easier to understand? RMP. In preparing the RMP, the BLM supplementary rules to the current rules Please send any comments you may sought public review of four in effect for the GGNCA and adjacent have on the clarity of the proposed alternatives. public lands under the Federal Land supplementary rules to one of the The RMP objectives are to protect the Policy and Management Act (FLPMA), addresses specified in the ADDRESSES GGNCA’s and adjacent public lands’ Title 43 U.S.C. 1740, and Title 43 CFR section. natural settings and outstanding 8365.1–6. wilderness, geologic, cultural, scientific, National Environmental Policy Act wildlife, and recreational values, while IV. Procedural Matters The proposed supplementary rules providing the public a safe and Executive Order 12866, Regulatory put forth in this notice implement key enjoyable experience. An additional Planning and Review objective of the supplementary rules is land use planning decisions in the to protect BLM employees and These supplementary rules are not Approved GGNCA RMP and Record of volunteers charged with maintaining significant regulatory actions and not Decision signed by the BLM State and improving the condition of these subject to review by the Office of Director of Colorado in November 2004. natural resources and protect the BLM’s Management and Budget under The four-year RMP process included investment in recreational facilities, Executive Order 12866. These extensive public input and development signs, roads and other amenities supplementary rules will not have an of a draft and Proposed RMP and Final provided for visitor enjoyment. The annual effect of $100 million or more on Environmental Impact Statement (EIS) the economy. They will not adversely goals are to encourage users to obey all for the GGNCA and Gunnison Gorge affect in a material way the economy, rules and regulations in order to Wilderness, which was completed in productivity, competition, jobs, the increase visitor safety; prevent January 2004. During the National accidents; reduce human health and environment, public health or safety, or State, local, or tribal governments or Environmental Policy Act process, each sanitation concerns; protect natural and communities. These supplementary alternative was fully analyzed, cultural resources; eliminate motorized rules will not create a serious including the types of decisions set and non-motorized impacts on sensitive inconsistency or otherwise interfere forth in these supplemental rules. The species habitat; reduce conflicts among with an action taken or planned by rationale for the decisions made can be user groups; and eliminate illegal uses another agency. The supplementary found in Chapter 5, Environmental such as vandalism, poaching, bonfires, rules do not materially alter the Consequences. The BLM has placed the underage drinking and drug parties, and budgetary effects of entitlements, grants, Final EIS, Approved RMP, and Record any unruly behavior that may lead to user fees, or loan programs or the rights of Decision on file in the BLM any of these uses. or obligations of their recipients, nor do Administrative Record at the address The RMP includes specific they raise novel legal or policy issues. specified in the ADDRESSES section. management actions that restrict certain These supplementary rules are merely activities and define allowable uses. The Regulatory Flexibility Act rules of conduct for public use of a proposed supplementary rules limited area of public lands. implement these management actions Congress enacted the Regulatory within the GGNCA and adjacent public Clarity of the Regulations Flexibility Act (RFA) of 1980, as amended, 5 U.S.C. 601–612, to ensure lands. Many of the proposed Executive Order 12866 requires each that government regulations do not supplementary rules apply to the entire agency to write regulations that are unnecessarily or disproportionately area but some apply only to specific simple and easy to understand. The burden small entities. The RFA requires areas within the GGNCA. The proposed BLM invites your comments on how to a regulatory flexibility analysis if a rule rules are written to allow for make these proposed supplementary would have a significant economic management flexibility. rules easier to understand, including Rules that limit group size and stay answers to questions such as the impact, either detrimental or beneficial, length, restrict camping to designated following: on a substantial number of small sites, prohibit the collection of firewood (1) Are the requirements in the entities. The proposed supplementary and building of wood fires, and require proposed supplementary rules clearly rules do not have a significant economic the use of portable toilets, stoves and/ stated? impact on entities of any size, but or metal fire containers, are essential to (2) Do the proposed supplementary provide for the protection of persons, provide maximum protection of the rules contain technical language or property, and resources on specific area’s wilderness and wild and scenic jargon that interferes with their clarity? public lands. Therefore, the BLM has river values, native riparian vegetation, (3) Does the format of the proposed determined under the RFA that the sensitive wildlife and plant species, and supplementary rules (grouping and proposed supplementary rules would to ensure successful implementation of order of sections, use of headings, not have a significant economic impact BLM restoration projects. General travel paragraphing, etc.) aid or reduce their on a substantial number of small and off-highway vehicle use regulations clarity? entities.

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Small Business Regulatory Enforcement Executive Order 12988, Civil Justice e. You must not operate any vehicle Fairness Act (SBREFA) Reform that produces sound exceeding 96 decibels. These supplementary rules are not Under Executive Order 12988, the f. You must not operate an off- ‘‘major’’ as defined under 5 U.S.C. Office of the Solicitor has determined highway vehicle (OHV) with any object 804(2). The supplementary rules merely that these rules will not unduly burden or person attached or being towed in establish rules of conduct for public use the judicial system and that they meet any manner unless the off-road vehicle of a limited area of public lands and do the requirements of sections 3(a) and (ORV) is designed and manufactured for not affect commercial or business 3(b)(2) of the Order. such purposes. activities of any kind. Executive Order 13175, Consultation 2. Vehicle Size and Trail Width Unfunded Mandates Reform Act and Coordination With Indian Tribal Governments a. You must not operate any vehicle These supplementary rules do not except a motorcycle, ATV, or a UTV (50 impose an unfunded mandate on State, In accordance with Executive Order inches in width or less) for motorized local, or tribal governments in the 13175, the BLM has found that these cross-country travel and/or play within aggregate, or the private sector of more supplementary rules do not include the Flat Top-Peach Valley Recreation than $100 million per year; nor do they policies that have tribal implications. Area designated open areas. have a significant or unique effect on None of the lands included in these b. You must not operate any vehicle small governments. The rules have no rules are Indian lands or affect Indian greater than 50 inches in width on any effect on governmental or tribal entities rights. designated ATV/UTV routes. and would impose no requirements on Paperwork Reduction Act c. You must not operate any vehicle any of these entities. The supplementary greater than 36 inches in width on any rules merely establish rules of conduct These supplementary rules do not designated single track routes. for public use of a limited selection of contain information collection requirements that the Office of 3. Firearms, Hunting, Target Shooting public lands and do not affect tribal, and Fireworks commercial, or business activities of any Management and Budget must approve kind. Therefore, the BLM is not required under the Paperwork Reduction Act of a. Within the GGNCA, you must not to prepare a statement containing the 1995, 44 U.S.C. 3501 et seq. Any discharge a firearm of any kind, information required by the Unfunded information collection requirements including those used for target shooting. Mandates Reform Act (2 U.S.C. 1531 et contained in these rules are exempt Licensed hunters in legitimate pursuit seq.). from the provisions of the Paperwork of game during the proper season with Reduction Act of 1995, 44 U.S.C. appropriate firearms, as defined by the Executive Order 12630, Governmental 3518(c)(1). Federal criminal Colorado Division of Wildlife, are Actions and Interference With investigations or prosecutions may exempt from this rule. Constitutionally Protected Property result from these rules, and the b. On public lands adjacent to the Rights (Takings) collection of information for these GGNCA, you must not target shoot in areas closed to that use by a BLM sign These supplementary rules do not purposes is exempt from the Paperwork or map. have significant takings implications, Reduction Act. c. Target shooters must not shoot or nor are they capable of interfering with Supplementary Rules for the Gunnison discharge any weapon at any object Constitutionally protected property Gorge National Conservation Area containing glass, or other target material rights. The supplementary rules merely (GGNCA) and Adjacent Public Lands that can shatter and cause a public establish rules of conduct for public use safety hazard as a result of the projectile of a limited area of public lands and do These supplementary rules apply, impact or explosion. not affect anyone’s property rights. except as specifically exempted, to activities within the GGNCA and d. You must not engage in any Therefore, the Department of the activities involving the use of paintballs. Interior has determined that these rules adjacent public lands administered by the Bureau of Land Management (BLM) e. Persons who shoot or discharge any will not cause a ‘‘taking’’ of private weapon must remove and properly property or require preparation of a near Montrose, Colorado. These supplementary rules are in effect on a dispose of all shooting materials, takings assessment under this Executive including spent brass or shells, their Order. year-round basis and will remain in effect until modified by the authorized containers, and any items used as Executive Order 13132, Federalism officer. targets. f. You must not discharge any weapon These supplementary rules will not 1. General Travel Management within 500 yards of any developed have a substantial direct effect on the a. You must not enter an area recreation site or any other area that has States, the relationship between the designated as closed by a BLM sign or been closed to discharge of firearms. national government and the States, nor map. g. You must not possess or discharge the distribution of power and any fireworks. responsibilities among the various b. You must not use roads and/or levels of government. These trails by motorized or mechanized 4. Pets and Pack Stock supplementary rules do not come into vehicle or equestrian or pedestrian a. You must not bring any animal into conflict with any State law or travel except where designated as open the GGNCA that is not controlled by regulation. Therefore, in accordance to such use by a BLM sign or map. visual, audible, or physical means. with Executive Order 13132, the BLM c. You must not park in areas not b. You must not leave any pets and/ has determined that these designated for parking by a BLM sign or or pack stock unattended. supplementary rules do not have map. c. You must remove and properly sufficient Federalism implications to d. You must not launch or operate any dispose of pet and/or pack stock solid warrant preparation of a Federalism motorized watercraft within the GGNCA waste when and where indicated by a Assessment. or adjacent public lands. BLM sign or map.

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5. Special Recreation Permits and operator to control the flame, are among and/or grills; dispersed campsites Registration the devices that meet this requirement. containing a sign and natural or man- d. When starting or maintaining a fire a. You must register, purchase made parking barricades denoting a outside of a developed recreation site, permits, and possess proof of permits as designated camping area; and other use you must not fail to contain and dispose indicated by BLM sign or map. areas specifically designated by signs for of fire ashes and debris in the manner b. If you use the Gunnison Gorge use by a certain user type including, but indicated by a BLM sign or map. not limited to hikers, boaters, Wilderness as ingress to or egress from e. You must not burn wood or other the Black Canyon National Park, you equestrians, commercial outfitters, material containing nails, glass, or any organized groups, or off-highway must register and purchase a Gunnison metal. Gorge Wilderness permit and possess vehicle HV users. proof of the permit while in the 10. Human Waste Disposal Designated route means roads and Wilderness. trails open to motorized vehicle use and You must dispose of solid human identified on a map of designated roads 6. Group Size Limits waste as indicated by a BLM sign or and trails that is maintained and map. Exceeding group size limits, as available for public inspection at the indicated by a BLM sign or map, is 11. Other Use Authorizations BLM Uncompahgre Field Office, Montrose, Colorado. Designated roads prohibited. You must not violate any terms, and motorized trails are open to public conditions or stipulations of any permit 7. Camping use in accordance with such limits and or other authorization issued for special restrictions as are, or may be, specified a. You must not camp in sites or areas use of these public lands. in the RMP or in future decisions not designated as open to camping by a Exemptions: The following persons implementing the RMP. However, any BLM sign or map. are exempt from these supplementary road or trail with any restrictive signing b. Within the Gunnison Gorge rules: any Federal, State, local and/or or physical barrier, including gates, Wilderness you must not camp in any military employee in the scope of their fences, posts, branches, or rocks site other than the designated duties; members of any organized rescue intended to prevent use of the road or campsite(s) reserved by you or your or fire-fighting force in performance of trail is not a designated motorized road group through the Gunnison Gorge an official duty; and persons, agencies, or motorized trail. permit system. municipalities, or companies holding an c. In designated campsites or camping existing special-use permit inside the Developed recreational site means any areas, you must maintain quiet within GGNCA and operating within the scope site or area that contains structures or normal hearing range of any other of their permit. capital improvements primarily used by person or persons, between 10 p.m. and Definitions: For the purpose of these the public for recreation purposes. Such 6 a.m. in accordance with applicable supplementary rules, the following areas or sites may include such features state time zone standards. definitions apply unless modified as: delineated spaces or areas for d. You must not leave personal within a specific part or regulation: parking, camping or boat launching; belongings overnight in an unattended Adjacent public lands means those sanitation facilities; potable water; grills campsite. non-GGNCA BLM public lands or fire rings; tables; or controlled access. e. You must keep campsites free of immediately adjacent to the GGNCA Flat Top-Peach Valley Recreation trash, litter and debris during the period and/or the Black Canyon of the Area means the Flat Top-Peach Valley of occupancy and shall remove all Gunnison National Park whose Special Recreation Management Area personal equipment and clean sites management is addressed under the designated in the 2004 GGNCA RMP. upon departure. 2004 GGNCA RMP. These lands The recreation area contains developed include: Black Ridge, Fruitland Mesa, recreation sites, open riding areas where 8. Length of Stay West Peach Valley, Flat Top, East Flat cross-country travel is permitted, and a. Exceeding length of stay limits, as Top, and Jones Draw lands. designated routes and encompasses indicated by a BLM sign or map, is All Terrain Vehicle (ATV) or Utility approximately 9,754 acres of public prohibited. Terrain Vehicle (UTV) means off-road lands in Montrose County including b. The hours of operation are sunrise vehicles 50 inches or less in overall lands both within and outside the to sunset in any area that is for day-use width and weighing no more than 800 GGNCA. only as indicated by a BLM sign or map. pounds. Gunnison Gorge Wilderness means You must not enter or remain in such Camping means erecting a tent or a the congressionally designated an area after sunset or before sunrise. shelter of natural or synthetic materials, Wilderness area within the GGNCA. The preparing a sleeping bag or other Wilderness is managed by the BLM as 9. Campfires and Wood Collecting bedding material for use, or parking a a Special Recreation Management Area a. You must not cut, collect, or use motor vehicle, motor home, or trailer for and encompasses approximately 17,784 live, dead or down wood except in areas the purpose or apparent purpose of acres of public lands in Montrose and designated open to such use by a BLM overnight occupancy while engaged in Delta counties. sign or map. recreational activities such as hiking, Gunnison Gorge permit system means b. You must not start or maintain a hunting, fishing, bicycling, sightseeing, the mandatory self-issuing special fire in sites or areas not designated as off-road vehicle activities, or other recreation permit (SRP) and registration open for such use by a BLM sign or generally recognized forms of system that applies to all users 16 years map. recreation. of age and older in the Gunnison Gorge c. Where allowed, any fire must be Designated campsite or site means a Wilderness. Users are required to sign in fully contained in a metal fire grate, fire specific location identified by the BLM at a Wilderness trailhead or the Chukar pan, or other metal device to contain for camping or other purposes. boater put-in site, pay applicable day- ashes. Mechanical stoves and other Designated sites include individual sites use or camping fees, and reserve the appliances that are fueled by gas and in developed campgrounds that contain designated boater or hiker campsite(s) equipped with a valve that allows the picnic tables, shelters, parking sites, they intend to use during their stay.

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Motorized watercraft means any craft 1673d(b)) (the Act), that the refrigeration The Commission transmitted its operated upon water that is self- shelving industry in the United States is determinations in these investigations to propelled by a non-living power source, materially injured and the oven racks the Secretary of Commerce on including electric power. industry in the United States is September 2, 2009. The views of the Off-highway vehicle (OHV) or off-road threatened with material injury by Commission are contained in USITC vehicle (ORV) means any motorized reason of imports from China of certain Publication 4098 (August 2009), entitled vehicle capable of, or designated for, kitchen appliance shelving and racks,34 Certain Kitchen Appliance Shelving and travel on or immediately over land, provided for in subheadings 7321.90.50, Racks From China: Investigation Nos. water, or other natural terrain, 7321.90.60, 8418.99.80, and 8516.90.80 701–TA–458 and 731–TA–1154 (Final). excluding: (1) Any non-amphibious of the Harmonized Tariff Schedule of Issued: September 2, 2009. registered motorboat; (2) any military, the United States, that have been found By order of the Commission. fire, emergency, or law enforcement by the Department of Commerce Marilyn R. Abbott, vehicle while being used for emergency (Commerce) to be subsidized by the purposes: (3) any vehicle whose use is Government of China and sold in the Secretary to the Commission. expressly authorized by the authorized United States at less than fair value [FR Doc. E9–21692 Filed 9–8–09; 8:45 am] officer, or otherwise officially approved; (LTFV). In addition, the Commission BILLING CODE 7020–02–P (4) vehicles in official use; and (5) any determines that it would not have found combat or combat-support vehicle when material injury with regard to imports of used in times of national defense oven racks from China but for the JOINT BOARD FOR THE emergencies. suspension of liquidation. ENROLLMENT OF ACTUARIES Utility Terrain Vehicle (UTV) means Background any multi-passenger off-highway vehicle Meeting of the Advisory Committee; most commonly known as UTVs (Utility The Commission instituted these Meeting Terrain Vehicle or just Utility Vehicle) investigations effective July 31, 2008, AGENCY: Joint Board for the Enrollment or Side-by-Side Vehicles; they are also following receipt of a petition filed with of Actuaries. the Commission and Commerce by known as SxS, RUV (Recreational ACTION: Notice of Federal Advisory Nashville Wire Products Inc., Nashville, Utility Vehicle) or MUV (Multi-Use Committee meeting. Vehicle). They are called Side-by-Side TN, SSW Holding Company, Inc., Vehicles because a driver and Elizabethtown, KY, the United Steel, SUMMARY: The Executive Director of the passenger(s) sit side-by-side in the Paper and Forestry, Rubber, Joint Board for the Enrollment of vehicle. Manufacturing, Energy, Allied- Actuaries gives notice of a closed Penalties: Any person who violates Industrial and Service Workers meeting of the Advisory Committee on any of these supplementary rules may International Union, and the Actuarial Examinations. be tried before a United States International Association of Machinists DATES: The meeting will be held on Magistrate and fined no more than and Aerospace Workers, District Lodge October 23, 2009, from 8:30 a.m. to $1,000 or imprisoned for no more than 6, Clinton, IA. The final phase of the 5 p.m. 12 months, or both. 43 U.S.C. 1733(a); investigations was scheduled by the ADDRESSES: The meeting will be held at 43 CFR 8360.0–7. Such violations may Commission following notification of Sonnenschein Nath & Rosenthal LLP, also be subject to the enhanced fines preliminary determinations by 4520 Main Street, Suite 1100, Kansas provided for by 18 U.S.C. 3571. Commerce that imports of certain City, MO. kitchen appliance shelving and racks FOR FURTHER INFORMATION CONTACT: Lynn E. Rust, from China were being subsidized Patrick W. McDonough, Executive Acting State Director. within the meaning of section 703(b) of Director of the Joint Board for the [FR Doc. E9–21659 Filed 9–8–09; 8:45 am] the Act (19 U.S.C. 1671b(b)) and being Enrollment of Actuaries, 202–622–8225. BILLING CODE 4310–JB–P sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. SUPPLEMENTARY INFORMATION: Notice is 1673b(b)). Notice of the scheduling of hereby given that the Advisory Committee on Actuarial Examinations INTERNATIONAL TRADE the final phase of the Commission’s will meet at Sonnenschein Nath & COMMISSION investigations and of a public hearing to be held in connection therewith was Rosenthal LLP, 4520 Main Street, Suite [Investigation Nos. 701–TA–458 and 731– given by posting copies of the notice in 1100, Kansas City, MO on Friday, TA–1154 (Final)] the Office of the Secretary, U.S. October 23, 2009, from 8:30 a.m. to International Trade Commission, 5 p.m. Certain Kitchen Appliance Shelving The purpose of the meeting is to Washington, DC, and by publishing the and Racks From China discuss questions that may be notice in the Federal Register of April recommended for inclusion on future Determinations 21, 2009 (74 FR 18249). The hearing was Joint Board examinations in actuarial held in Washington, DC, on July 16, On the basis of the record 1 developed mathematics, pension law and 2009, and all persons who requested the in the subject investigations, the United methodology referred to in 29 U.S.C. opportunity were permitted to appear in States International Trade Commission 1242(a)(1)(B). person or by counsel. (Commission) determines,2 pursuant to A determination has been made as sections 705(b) and 735(b) of the Tariff required by section 10(d) of the Federal 3 The Commission finds two domestic industries, Act of 1930 (19 U.S.C. 1671d(b) and one producing refrigeration shelving and one Advisory Committee Act, 5 U.S.C. App., producing oven racks. that the subject of the meeting falls 1 The record is defined in sec. 207.2(f) of the 4 Vice Chairman Daniel R. Pearson, dissenting within the exception to the open Commission’s Rules of Practice and Procedure (19 with regard to imports of certain oven racks from meeting requirement set forth in Title 5 CFR 207.2(f)). China, finds that the oven racks industry in the 2 Commissioner Deanna Tanner Okun recused United States is neither materially injured nor U.S.C. 552b(c)(9)(B), and that the public herself to avoid any conflict of interest or threatened with material injury by reason of interest requires that such meeting be appearance of a conflict. imports from China. closed to public participation.

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Dated: August 28, 2009. —Minimize the burden of the collection DEPARTMENT OF JUSTICE Patrick W. McDonough, of information on those who are to Executive Director, Joint Board for the respond, including through the use of Bureau of Alcohol, Tobacco, Firearms Enrollment of Actuaries. appropriate automated, electronic, and Explosives [FR Doc. E9–21664 Filed 9–8–09; 8:45 am] mechanical, or other technological [OMB Number 1140–0079] BILLING CODE 4830–01–P collection techniques or other forms of information technology, e.g., Agency Information Collection permitting electronic submission of Activities: Proposed Collection; DEPARTMENT OF JUSTICE responses. Comments Requested Overview of This Information Bureau of Alcohol, Tobacco, Firearms ACTION: 60-Day Notice of Information and Explosives Collection Collection Under Review: Transactions [OMB Number 1140–0082] (1) Type of Information Collection: Among Licensee/Permittees and Extension of a currently approved Transactions Among Licensees and Agency Information Collection collection. Holders of User Permits. Activities: Proposed Collection; (2) Title of the Form/Collection: Comments Requested The Department of Justice (DOJ), Certification of Knowledge of State Bureau of Alcohol, Tobacco, Firearms ACTION: 60-Day Notice of Information Laws, Submission of Water Pollution and Explosives (ATF), will be Collection Under Review: Certification Act. submitting the following information of Knowledge of State Laws, Submission (3) Agency form number, if any, and collection request to the Office of of Water Pollution Act. the applicable component of the Management and Budget (OMB) for Department of Justice sponsoring the review and approval in accordance with The Department of Justice (DOJ), collection: Form Number: None. Bureau the Paperwork Reduction Act of 1995. Bureau of Alcohol, Tobacco, Firearms of Alcohol, Tobacco, Firearms and The proposed information collection is and Explosives (ATF), will be Explosives. published to obtain comments from the submitting the following information public and affected agencies. Comments collection request to the Office of (4) Affected public who will be asked are encouraged and will be accepted for Management and Budget (OMB) for or required to respond, as well as a brief ‘‘sixty days’’ until November 9, 2009. review and approval in accordance with abstract: Primary: Individuals or This process is conducted in accordance the Paperwork Reduction Act of 1995. households. Other: None. Persons who with 5 CFR 1320.10. The proposed information collection is apply for a permit to purchase If you have comments especially on published to obtain comments from the explosives intrastate must certify in the estimated public burden or public and affected agencies. Comments writing that he is familiar with and associated response time, suggestions, are encouraged and will be accepted for understands all published State laws or need a copy of the proposed ‘‘sixty days’’ until November 9, 2009. and local ordinances relating to information collection instrument with This process is conducted in accordance explosive materials for the location in instructions or additional information, with 5 CFR 1320.10. which he intends to do business; and please contact Debra Satkowiak, Chief, If you have comments especially on submit the certificate required by Explosives Industry Programs Branch, the estimated public burden or section 21 of the Federal Water Room 6E405, 99 New York Avenue, NE., associated response time, suggestions, Pollution Control Act. Washington, DC 20226. or need a copy of the proposed (5) An estimate of the total number of Written comments and suggestions information collection instrument with respondents and the amount of time from the public and affected agencies instructions or additional information, estimated for an average respondent to concerning the proposed collection of please contact Debra Satkowiak, Chief, respond: It is estimated that 50,000 information are encouraged. Your Explosives Industry Programs Branch, respondents will take a estimated time comments should address one or more Room 6E405, 99 New York Avenue, NE., of 30 seconds to submit the required of the following four points: Washington, DC 20226. information. —Evaluate whether the proposed Written comments and suggestions collection of information is necessary (6) An estimate of the total public from the public and affected agencies for the proper performance of the concerning the proposed collection of burden (in hours) associated with the functions of the agency, including information are encouraged. Your collection: There are an estimated 416 whether the information will have comments should address one or more annual total burden hours associated practical utility; of the following four points: with this collection. —Evaluate the accuracy of the agency’s —Evaluate whether the proposed If additional information is required estimate of the burden of the collection of information is necessary contact: Lynn Bryant, Department proposed collection of information, for the proper performance of the Clearance Officer, Policy and Planning including the validity of the functions of the agency, including Staff, Justice Management Division, methodology and assumptions used; whether the information will have Department of Justice, Patrick Henry —Enhance the quality, utility, and practical utility; Building, Suite 1600, 601 D Street NW., clarity of the information to be —Evaluate the accuracy of the agencies Washington, DC 20530. collected; and estimate of the burden of the —Minimize the burden of the collection Dated: September 2, 2009. proposed collection of information, of information on those who are to including the validity of the Lynn Bryant, respond, including through the use of methodology and assumptions used; Department Clearance Officer, PRA, U.S. appropriate automated, electronic, —Enhance the quality, utility, and Department of Justice. mechanical, or other technological clarity of the information to be [FR Doc. E9–21648 Filed 9–8–09; 8:45 am] collection techniques or other forms collected; and BILLING CODE 4410–FY–P of information technology, e.g.,

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permitting electronic submission of DEPARTMENT OF JUSTICE Overview of this information responses. collection: Bureau of Alcohol, Tobacco, Firearms Overview of this information (1) Type of Information Collection: and Explosives collection: Extension of a currently approved collection. (1) Type of Information Collection: [OMB Number 1140–0081] (2) Title of the Form/Collection: Extension of a currently approved Appeals of Background Checks. collection. Agency Information Collection Activities: Proposed Collection; (3) Agency form number, if any, and (2) Title of the Form/Collection: Comments Requested the applicable component of the Transactions Among Licensee/Permitees Department of Justice sponsoring the and Transactions Among Licensees and ACTION: 60-Day Notice of Information collection: Form Number: None. Bureau Holders of User Permits. Collection Under Review: Appeals of of Alcohol, Tobacco, Firearms and Background Checks. Explosives. (3) Agency form number, if any, and (4) Affected public who will be asked the applicable component of the The Department of Justice (DOJ), or required to respond, as well as a brief Department of Justice sponsoring the Bureau of Alcohol, Tobacco, Firearms abstract: Primary: Business or other for- collection: Form Number: None. Bureau and Explosives (ATF), will be profit. Other: Individuals or households. of Alcohol, Tobacco, Firearms and submitting the following information The purpose of the collection is to allow Explosives. collection request to the Office of applicants, employees, or other affected (4) Affected public who will be asked Management and Budget (OMB) for personnel the opportunity to appeal in or required to respond, as well as a brief review and approval in accordance with writing the results of a background abstract: Primary: Business or other for- the Paperwork Reduction Act of 1995. check conducted to satisfy their profit. Other: None. The Safe Explosives The proposed information collection is eligibility to possess explosive Act requires an explosives distributor published to obtain comments from the materials. The appeal request must must verify the identity of the public and affected agencies. Comments include appropriate documentation or purchaser; an explosives purchaser are encouraged and will be accepted for record(s) establishing the legal and/or must provide a copy of the license/ ‘‘sixty days’’ until November 9, 2009. factual basis for the challenge. permit to distributor prior to the This process is conducted in accordance (5) An estimate of the total number of purchase of explosive materials; with 5 CFR 1320.10. respondents and the amount of time If you have comments especially on estimated for an average respondent to possessors of explosive materials must the estimated public burden or respond: It is estimated that 500 provide a list of explosives storage associated response time, suggestions, respondents will spend 2 hours locations; purchasers of explosive or need a copy of the proposed completing the required documentation materials must provide a list of information collection instrument with for the appeal. representatives authorized to purchase instructions or additional information, (6) An estimate of the total public on behalf of the distributor; and an please contact Chris Reeves, Chief, burden (in hours) associated with the explosive purchaser must provide a Federal Explosives Licensing Center, collection: There are an estimated 1,000 statement of intended use for the 244 Needy Road, Martinsburg, WV annual total burden hours associated explosives. 25405. with this collection. (5) An estimate of the total number of Written comments and suggestions If additional information is required respondents and the amount of time from the public and affected agencies contact: Lynn Bryant, Department estimated for an average respondent to concerning the proposed collection of Clearance Officer, Policy and Planning respond: It is estimated that 50,000 information are encouraged. Your Staff, Justice Management Division, respondents will take 30 minutes to comments should address one or more Department of Justice, Patrick Henry comply with the required information. of the following four points: Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. (6) An estimate of the total public —Evaluate whether the proposed collection of information is necessary burden (in hours) associated with the Dated: September 2, 2009. for the proper performance of the collection: There are an estimated Lynn Bryant, functions of the agency, including Department Clearance Officer, PRA, U.S. 25,000 annual total burden hours whether the information will have associated with this collection. Department of Justice. practical utility; [FR Doc. E9–21649 Filed 9–8–09; 8:45 am] If additional information is required —Evaluate the accuracy of the agencies’ BILLING CODE 4410–FY–P contact: Lynn Bryant, Department estimate of the burden of the Clearance Officer, Policy and Planning proposed collection of information, Staff, Justice Management Division, including the validity of the DEPARTMENT OF JUSTICE Department of Justice, Patrick Henry methodology and assumptions used; Building, Suite 1600, 601 D Street, NW., —Enhance the quality, utility, and Bureau of Alcohol, Tobacco, Firearms Washington, DC 20530. clarity of the information to be and Explosives collected; and Dated: September 2, 2009. —Minimize the burden of the collection [OMB Number 1140–0074] Lynn Bryant, of information on those who are to Department Clearance Officer, PRA, U.S. respond, including through the use of Agency Information Collection Department of Justice. appropriate automated, electronic, Activities: Proposed Collection; [FR Doc. E9–21650 Filed 9–8–09; 8:45 am] mechanical, or other technological Comments Requested collection techniques or other forms BILLING CODE 4410–FY–P ACTION: 60-Day Notice of Information of information technology, e.g., Collection Under Review: List of permitting electronic submission of Responsible Persons. responses.

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The Department of Justice (DOJ), abstract: Primary: Individuals or or need a copy of the proposed Bureau of Alcohol, Tobacco, Firearms households. Other: Business or other- information collection instrument with and Explosives (ATF), will be profit. All persons holding ATF instructions or additional information, submitting the following information explosives licenses or permits must please contact Debra Satkowiak, Chief, collection request to the Office of report any change in responsible Explosives Industry Programs Branch, Management and Budget (OMB) for persons or employees authorized to Room 6E405, 99 New York Avenue, NE., review and approval in accordance with possess explosive materials to ATF. Washington, DC 20226. the Paperwork Reduction Act of 1995. Such report must be submitted within Written comments and suggestions The proposed information collection is 30 days of the change and must include from the public and affected agencies published to obtain comments from the appropriate identifying information for concerning the proposed collection of public and affected agencies. Comments each responsible person. information are encouraged. Your are encouraged and will be accepted for (5) An estimate of the total number of comments should address one or more ‘‘sixty days’’ until November 9, 2009. respondents and the amount of time of the following four points: This process is conducted in accordance estimated for an average respondent to —Evaluate whether the proposed with 5 CFR 1320.10. respond: It is estimated that 50,000 collection of information is necessary If you have comments especially on respondents will take 1 hour to for the proper performance of the the estimated public burden or complete the report. functions of the agency, including associated response time, suggestions, (6) An estimate of the total public whether the information will have or need a copy of the proposed burden (in hours) associated with the practical utility; information collection instrument with collection: There are an estimated —Evaluate the accuracy of the agencies instructions or additional information, 100,000 annual total burden hours estimate of the burden of the please contact Debra Satkowiak, Chief, associated with this collection. proposed collection of information, Explosives Industry Programs Branch, If additional information is required including the validity of the Room 6E405, 99 New York Avenue, NE., contact: Lynn Bryant, Department methodology and assumptions used; Washington, DC 20226. Clearance Officer, Policy and Planning —Enhance the quality, utility, and Written comments and suggestions Staff, Justice Management Division, clarity of the information to be from the public and affected agencies Department of Justice, Patrick Henry collected; and concerning the proposed collection of Building, Suite 1600, 601 D Street, NW., —Minimize the burden of the collection information are encouraged. Your Washington, DC 20530. of information on those who are to comments should address one or more Dated: September 2, 2009. respond, including through the use of of the following four points: Lynn Bryant, appropriate automated, electronic, mechanical, or other technological —Evaluate whether the proposed Department Clearance Officer, PRA, U.S. collection of information is necessary Department of Justice. collection techniques or other forms of information technology, e.g., for the proper performance of the [FR Doc. E9–21653 Filed 9–8–09; 8:45 am] permitting electronic submission of functions of the agency, including BILLING CODE 4410–FY–P whether the information will have responses. practical utility; Overview of this information —Evaluate the accuracy of the agencies DEPARTMENT OF JUSTICE collection: estimate of the burden of the (1) Type of Information Collection: proposed collection of information, Bureau of Alcohol, Tobacco, Firearms Extension of a currently approved including the validity of the and Explosives collection. (2) Title of the Form/Collection: Relief methodology and assumptions used; [OMB Number 1140–0076] —Enhance the quality, utility, and of Disabilities. (3) Agency form number, if any, and clarity of the information to be Agency Information Collection the applicable component of the collected; and Activities: Proposed Collection; Department of Justice sponsoring the —Minimize the burden of the collection Comments Requested of information on those who are to collection: Form Number: None. Bureau respond, including through the use of ACTION: 60-Day Notice of Information of Alcohol, Tobacco, Firearms and appropriate automated, electronic, Collection Under Review: Relief of Explosives. mechanical, or other technological Disabilities. (4) Affected public who will be asked collection techniques or other forms or required to respond, as well as a brief of information technology, e.g., The Department of Justice (DOJ), abstract: Primary: Business or other for- permitting electronic submission of Bureau of Alcohol, Tobacco, Firearms profit. Other: None. Any person responses. and Explosives (ATF), will be prohibited from shipping or Overview of this information submitting the following information transporting any explosive in or collection: collection request to the Office of affecting interstate or foreign commerce (1) Type of Information Collection: Management and Budget (OMB) for or from receiving or possessing any Extension of a currently approved review and approval in accordance with explosive which has been shipped or collection. the Paperwork Reduction Act of 1995. transported in or affecting interstate or (2) Title of the Form/Collection: List The proposed information collection is foreign commerce may make application of Responsible Persons. published to obtain comments from the for relief from disabilities. (3) Agency form number, if any, and public and affected agencies. Comments (5) An estimate of the total number of the applicable component of the are encouraged and will be accepted for respondents and the amount of time Department of Justice sponsoring the ‘‘sixty days’’ until November 9, 2009. estimated for an average respondent to collection: Form Number: None. Bureau This process is conducted in accordance respond: It is estimated that 50 of Alcohol, Tobacco, Firearms and with 5 CFR 1320.10. respondents will take 1 minute to Explosives. If you have comments especially on support documentation for relief. (4) Affected public who will be asked the estimated public burden or (6) An estimate of the total public or required to respond, as well as a brief associated response time, suggestions, burden (in hours) associated with the

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collection: The estimated annual total functions of the agency, including Dated: September 2, 2009. burden associated with this collection is whether the information will have Lynn Bryant, 1 hour. practical utility; Department Clearance Officer, PRA, U.S. If additional information is required —Evaluate the accuracy of the agencies’ Department of Justice. contact: Lynn Bryant, Department estimate of the burden of the [FR Doc. E9–21651 Filed 9–8–09; 8:45 am] Clearance Officer, Policy and Planning proposed collection of information, BILLING CODE 4410–FY–P Staff, Justice Management Division, including the validity of the Department of Justice, Patrick Henry methodology and assumptions used; Building, Suite 1600, 601 D Street NW., —Enhance the quality, utility, and LIBRARY OF CONGRESS Washington, DC 20530. clarity of the information to be Dated: September 2, 2009. collected; and Copyright Royalty Board Lynn Bryant, —Minimize the burden of the collection [Docket No. 2009–6 CRB CD 2007] Department Clearance Officer, PRA, U.S. of information on those who are to Department of Justice. respond, including through the use of Distribution of the 2007 Cable Royalty [FR Doc. E9–21652 Filed 9–8–09; 8:45 am] appropriate automated, electronic, Funds BILLING CODE 4410–FY–P mechanical, or other technological AGENCY: Copyright Royalty Board, collection techniques or other forms Library of Congress. of information technology, e.g., DEPARTMENT OF JUSTICE ACTION: Notice soliciting comments on permitting electronic submission of motion of Phase I claimants for partial responses. Bureau of Alcohol, Tobacco, Firearms distribution. and Explosives Overview of This Information SUMMARY: The Copyright Royalty Judges Collection [OMB Number 1140–0077] are soliciting comments on a motion of (1) Type of Information Collection: Phase I claimants for partial distribution Agency Information Collection Extension of a currently approved in connection with the 2007 cable Activities: Proposed Collection; collection. royalty funds. Comments Requested (2) Title of the Form/Collection: DATES: Comments are due on or before October 9, 2009. ACTION: 60-Day Notice of Information Report of Stolen or Lost ATF F 5400.30, Collection Under Review: Report of Intrastate Purchase Explosives Coupon. ADDRESSES: Comments may be sent Stolen or Lost ATF Form 5400.30, (3) Agency form number, if any, and electronically to [email protected]. In the Intrastate Purchase of Explosives the applicable component of the alternative, send an original, five copies, Coupon. Department of Justice sponsoring the and an electronic copy on a CD either collection: Form Number: ATF F by mail or hand delivery. Please do not The Department of Justice (DOJ), 5400.30. Bureau of Alcohol, Tobacco, use multiple means of transmission. Bureau of Alcohol, Tobacco, Firearms Firearms and Explosives. Comments may not be delivered by an and Explosives (ATF), will be overnight delivery service other than the (4) Affected public who will be asked submitting the following information U.S. Postal Service Express Mail. If by or required to respond, as well as a brief collection request to the Office of mail (including overnight delivery), abstract: Primary: Business or other for- Management and Budget (OMB) for comments must be addressed to: profit. Other: Individuals or households. review and approval in accordance with Copyright Royalty Board, P.O. Box When any Intrastate Purchase of the Paperwork Reduction Act of 1995. 70977, Washington, DC 20024–0977. If Explosives Coupon is stolen, lost or The proposed information collection is hand delivered by a private party, destroyed, the person losing possession published to obtain comments from the comments must be brought to the will, upon discovery of the theft, loss, public and affected agencies. Comments Library of Congress, James Madison or destruction, immediately, but in all are encouraged and will be accepted for Memorial Building, LM–401, 101 cases before 24 hours have elapsed since ‘‘sixty days’’ until November 9, 2009. Independence Avenue, SE., discovery, report the matter to the This process is conducted in accordance Washington, DC 20559–6000. If Director, Alcohol, Tobacco, Firearms with 5 CFR 1320.10. delivered by a commercial courier, and Explosives. If you have comments especially on comments must be delivered to the the estimated public burden or (5) An estimate of the total number of Congressional Courier Acceptance Site associated response time, suggestions, respondents and the amount of time located at 2nd and D Street, NE., or need a copy of the proposed estimated for an average respondent to Washington, DC. The envelope must be information collection instrument with respond: It is estimated that 800 addressed to: Copyright Royalty Board, instructions or additional information, respondents will complete a 20 minute Library of Congress, James Madison please contact Debra Satkowiak, Chief, form. Memorial Building, LM–403, 101 Explosives Industry Programs Branch, (6) An estimate of the total public Independence Avenue, SE., Room 6E405, 99 New York Avenue, NE., burden (in hours) associated with the Washington, DC 20559–6000. Washington, DC 20226. collection: There are an estimated 264 FOR FURTHER INFORMATION CONTACT: Written comments and suggestions annual total burden hours associated Richard Strasser, Senior Attorney, or from the public and affected agencies with this collection. Gina Giuffreda, Attorney Advisor, by concerning the proposed collection of If additional information is required telephone at (202) 707–7658 or e-mail at information are encouraged. Your contact: Lynn Bryant, Department [email protected]. comments should address one or more Clearance Officer, Policy and Planning SUPPLEMENTARY INFORMATION: Each year of the following four points: Staff, Justice Management Division, cable systems must submit royalty —Evaluate whether the proposed Department of Justice, Patrick Henry payments to the Register of Copyrights collection of information is necessary Building, Suite 1600, 601 D Street, NW., as required by the statutory license set for the proper performance of the Washington, DC 20530. forth in section 111 of the Copyright Act

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for the retransmission to cable period. It will not consider any PCT Patent Application Number PCT/ subscribers of over-the-air television controversies that come to their US08/51258 to Kelvin International and radio broadcast signals. See 17 attention after the close of that period. Corporation having its principal place of U.S.C. 111(d). These royalties are then The Motion of the Phase I Claimants business in Newport News, Virginia. distributed to copyright owners whose for Partial Distribution is posted on the The field of use may be limited to works were included in a qualifying Copyright Royalty Board Web site at cryogenic liquid product applications transmission and who timely filed a http://www.loc.gov/crb. including flow, level, and fluid claim for royalties. Allocation of the Dated: September 3, 2009. measurement applications. The patent royalties collected occurs in one of two James Scott Sledge, rights have been assigned to the United ways. In the first instance, these funds Chief U.S. Copyright Royalty Judge. States of America as represented by the will be distributed through a negotiated Administrator of the National settlement among the parties. 17 U.S.C. [FR Doc. E9–21685 Filed 9–8–09; 8:45 am] 111(d)(4)(A). If the claimants do not BILLING CODE 1410–72–P Aeronautics and Space Administration. reach an agreement with respect to the The prospective partially exclusive royalties, the Copyright Royalty Judges license will comply with the terms and (‘‘Judges’’) must conduct a proceeding to NATIONAL AERONAUTICS AND conditions of 35 U.S.C. 209 and 37 CFR determine the distribution of any SPACE ADMINISTRATION 404.7. royalties that remain in controversy. 17 [NOTICE 09–078] DATES: The prospective partially U.S.C. 111(d)(4)(B). exclusive license may be granted unless, On August 12, 2009, representatives Notice of Intent To Grant Partially within fifteen (15) days from the date of of the Phase I claimant categories (the Exclusive License this published notice, NASA receives ‘‘Phase I Parties’’) 1 filed with the Judges a motion requesting a partial AGENCY: National Aeronautics and written objections including evidence distribution of 50% of the 2007 cable Space Administration. and argument that establish that the royalty funds. Under section ACTION: Notice of intent to grant a grant of the license would not be 801(b)(3)(C) of the Copyright Act, the partially exclusive license. consistent with the requirements of 35 Judges must publish a notice in the U.S.C. 209 and 37 CFR 404.7. SUMMARY: This notice is issued in Federal Register seeking responses to Competing applications completed and accordance with 35 U.S.C. 209(c)(1) and the motion for partial distribution to received by NASA within fifteen (15) ascertain whether any claimant entitled 37 CFR 404.7(a)(1)(i). NASA hereby days of the date of this published notice to receive such fees has a reasonable gives notice of its intent to grant a will also be treated as objections to the objection to the requested distribution worldwide partially exclusive license to grant of the contemplated exclusive practice the inventions described and before ruling on the motion. license. Consequently, by today’s Notice, the claimed in NASA Case Numbers LAR– 16571–2 entitled ‘‘Magnetic Field Objections submitted in response to Judges seek comments from interested this notice will not be made available to claimants on whether any reasonable Response Sensor for Conductive the public for inspection and, to the objection exists that would preclude the Media,’’ U.S. Patent Application extent permitted by law, will not be distribution of 50% of the 2007 cable Number 11/421,886; LAR–16571–3 royalty funds to the Phase I Parties. entitled ‘‘Magnetic Field Response released under the Freedom of The Judges also seek comment on the Sensor for Conductive Media,’’ U.S. Information Act, 5 U.S.C. 552. Patent Application Number 12/533,520; existence and extent of any ADDRESSES: Objections relating to the LAR–16974–1 entitled ‘‘Flexible controversies to the 2007 cable royalty prospective license may be submitted to funds at Phase I with respect to the 50% Framework for Capacitive Sensing,’’ U.S. Patent Number 7,047,807 B2; LAR– Patent Counsel, Office of Chief Counsel, of those funds that would remain if the NASA Langley Research Center, MS partial distribution is granted. In Phase 17116–1 entitled ‘‘System and Method for Wirelessly Determining Fluid 141, Hampton, VA 23681; (757) 864– I of a cable royalty distribution, royalties 9260 (phone), (757) 864–9190 (fax). are distributed to certain categories of Volume,’’ U.S. Patent Number 7,506,541 broadcast programming that have been B2; LAR–17155–1 entitled ‘‘Wireless FOR FURTHER INFORMATION CONTACT: retransmitted by cable systems. The Fluid Level Measuring System,’’ U.S. Robin W. Edwards, Patent Attorney, categories have traditionally been Patent Number 7,255,004 B2; LAR– Office of Chief Counsel, NASA Langley movies and syndicated television series, 17294–1 entitled ‘‘Wireless Sensing Research Center, MS 141, Hampton, VA sports programming, commercial and System Using Open-Circuit, Electrically- 23681; (757) 864–3230; Fax: (757) 864– noncommercial broadcaster-owned Conductive Spiral-Trace Sensor,’’ U.S. 9190. Information about other NASA Patent Application Number 11/671,089; programming, religious programming, inventions available for licensing can be LAR–17480–1 entitled ‘‘Method of music, public radio programming, and found online at http:// Calibrating a Fluid-Level Measurement Canadian programming. In Phase II of a techtracs.nasa.gov/. cable royalty distribution, royalties are System,’’ U.S. Patent Application distributed to claimants within each of Number 11/930,222; LAR–17480–1–PCT Dated: September 2, 2009. the Phase I categories. entitled ‘‘Method of Calibrating a Fluid- Richard W. Sherman, The Judges must be advised of the Level Measurement System,’’ PCT Deputy General Counsel. existence and extent of all Phase I Patent Application Number PCT/US08/ [FR Doc. E9–21666 Filed 9–8–09; 8:45 am] controversies by the end of the comment 58332; LAR–17488–1 entitled ‘‘Wireless Sensing System for Non-Invasive BILLING CODE 7510–13–P 1 The ‘‘Phase I Parties’’ are the Program Suppliers, Monitoring of Attributes of Contents in Joint Sports Claimants, Public Television a Container,’’ U.S. Patent Application Claimants, the National Association of Number 12/015,626; and LAR–17488– Broadcasters, the American Society of Composers, Authors and Publishers, Broadcast Music, Inc., 1–PCT entitled ‘‘Wireless Sensing SESAC, Inc., Canadian Claimants, National Public System for Non-Invasive Monitoring of Radio, and the Devotional Claimants. Attributes of Contents in a Container,’’

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NATIONAL ARCHIVES AND RECORDS on the Arts will be held at the Nancy Dated: September 3, 2009. ADMINISTRATION Hanks Center, 1100 Pennsylvania Kathy Plowitz-Worden, Avenue, NW., Washington, DC 20506 as Panel Coordinator, Panel Operations, Information Security Oversight Office follows (ending times are approximate): National Endowment for the Arts. [FR Doc. E9–21668 Filed 9–8–09; 8:45 am] National Industrial Security Program Learning in the Arts (application review): Policy Advisory Committee (NISPPAC) September 30–October 1, 2009 in Room 716. BILLING CODE 7537–01–P A portion of this meeting, from 4 p.m. to 4:30 AGENCY: National Archives and Records p.m. on October 1st, will be open to the Administration, ISOO. public for policy discussion. The remainder NATIONAL TRANSPORTATION of the meeting, from 9 a.m. to 5:30 p.m. on ACTION: SAFETY BOARD Notice of open meeting. September 30th, and from 9 a.m. to 4 p.m. SUMMARY: In accordance with the and 4:30 p.m. to 5:30 p.m. on October 1st, Sunshine Act Meeting Federal Advisory Committee Act (5 will be closed. Learning in the Arts (application review): TIME AND DATE: 9:30 a.m., Wednesday, U.S.C. app 2) and implementing October 7–8, 2009 in Room 716. A portion of regulation 41 CFR 101–6, this meeting, from 4 p.m. to 4:30 p.m. on September 30, 2009. announcement is made for a committee October 8th, will be open to the public for PLACE: NTSB Conference Center, 429 meeting of the National Industrial policy discussion. The remainder of the L’Enfant Plaza, SW., Washington, DC Security Program Policy Advisory meeting, from 9 a.m. to 5:30 p.m. on October 20594. Committee (NISPPAC). 7th, and from 9 a.m. to 4 p.m. and 4:30 p.m. STATUS: The one item is open to the DATES: October 8, 2009, 10 a.m. to to 5:30 p.m. on October 8th, will be closed. public. 12 p.m. Learning in the Arts (application review): October 19–23, 2009 in Room 716. A portion MATTER TO BE CONSIDERED: 8032A ADDRESSES: National Archives and of this meeting, from 3:30 p.m. to 4 p.m. on Marine Accident Report—Sinking of Records Administration, 700 October 22nd, will be open to the public for U.S. Fish Processing Vessel Alaska Pennsylvania Avenue, NW., Archivist’s policy discussion. The remainder of the Ranger, Bering Sea, March 23, 2008. Reception Room, Room 105, meeting, from 9 a.m. to 5:30 p.m. on October NEWS MEDIA CONTACT: Telephone: (202) Washington, DC 20408. 19th through October 21st, from 9 a.m. to 314–6100. 3:30 p.m. and 4 p.m. to 5:30 p.m. on October FOR FURTHER INFORMATION CONTACT: 22nd, and from 9 a.m. to 4:00 p.m. on The press and public may enter the David O. Best, Senior Program Analyst, October 23rd, will be closed. NTSB Conference Center one hour prior ISOO, National Archives Building, 700 Media Arts (application review): October to the meeting for set up and seating. Pennsylvania Avenue, NW., 21–22, 2009 in Room 730. This meeting, from Individuals requesting specific Washington, DC 20408, telephone 9 a.m. to 5:30 p.m. on October 21st and from accommodations should contact number (202) 357–5123, or at 9 a.m. to 4:30 p.m. on October 22nd, will be Rochelle Hall at (202) 314–6305 by [email protected]. Contact ISOO at closed. Friday, September 25, 2009. [email protected] and the NISPPAC at Media Arts (application review): October The public may view the meeting via [email protected]. 23, 2009 in Room 730. This meeting, from 9 a live or archived Webcast by accessing a.m. to 5:30 p.m., will be closed. a link under ‘‘News & Events’’ on the SUPPLEMENTARY INFORMATION: To discuss Music (application review): October 26–28, National Industrial Security Program 2009 in Room 714. This meeting, from 9 a.m. NTSB home page at http:// policy matters. to 5:30 p.m. on October 26th, from 9 a.m. to www.ntsb.gov. This meeting will be open to the 6 p.m. on October 27th, and from 9 a.m. to FOR FURTHER INFORMATION CONTACT: public. However, due to space 4:45 p.m. on October 28th, will be closed. Vicky D’Onofrio, (202) 314–6410. limitations and access procedures, the The closed portions of meetings are for the Dated: September 4, 2009. name and telephone number of purpose of Panel review, discussion, individuals planning to attend must be evaluation, and recommendations on Candi R. Bing, financial assistance under the National submitted to the Information Security Alternate Federal Register Liaison Officer. Foundation on the Arts and the Humanities [FR Doc. E9–21798 Filed 9–4–09; 4:15 pm] Oversight Office (ISOO) no later than Act of 1965, as amended, including Thursday October 1, 2009. ISOO will information given in confidence to the BILLING CODE 7533–01–P provide additional instructions for agency. In accordance with the determination gaining access to the location of the of the Chairman of February 28, 2008, these meeting. sessions will be closed to the public pursuant NUCLEAR REGULATORY to subsection (c)(6) of section 552b of Title Dated: September 2, 2009. COMMISSION 5, United States Code. Mary Ann Hadyka, Any person may observe meetings, or [NRC–2009–0289; NRC–2009–0292; NRC– Committee Management Officer. portions thereof, of advisory panels that are 2009–0293; NRC–2009–0290; NRC–2009– [FR Doc. E9–21693 Filed 9–8–09; 8:45 am] open to the public, and if time allows, may 0291; NRC–2009–0287; NRC–2009–0286; BILLING CODE 7515–01–P be permitted to participate in the panel’s NRC–2009–0285; NRC–2009–0294; NRC– discussions at the discretion of the panel 2009–0288; NRC–2009–0284; NRC–2009– chairman. If you need special 0295] accommodations due to a disability, please NATIONAL FOUNDATION ON THE contact the Office of AccessAbility, National Notice of Withdrawal of an Application ARTS AND THE HUMANITIES Endowment for the Arts, 1100 Pennsylvania for Indirect License Transfer Resulting Avenue, NW., Washington, DC 20506, 202/ From the Proposed Merger Between National Endowment for the Arts; Arts 682–5532, TDY–TDD 202/682–5496, at least Exelon Corporation and NRG Energy, Advisory Panel seven (7) days prior to the meeting. Inc., and Opportunity for a Hearing Further information with reference to these Pursuant to Section 10(a)(2) of the meetings can be obtained from Ms. Kathy Exelon Generation Company, LLC, Federal Advisory Committee Act (Pub. Plowitz-Worden, Office of Guidelines & Braidwood Station, Units 1 and 2, Docket L. 92–463), as amended, notice is hereby Panel Operations, National Endowment for Nos. 50–456 and 50–457; [NRC–2009–0289], given that six meetings of the Arts the Arts, Washington, DC 20506, or call 202/ Byron Station, Units 1 and 2, Docket Nos. Advisory Panel to the National Council 682–5691. 50–454 and 50–455; [NRC–2009–0292],

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Clinton Power Station, Docket No. 50–461; The Commission had previously Week of September 14, 2009—Tentative [NRC–2009–0293], Dresden Nuclear Power issued notices of consideration of Station, Units 1, 2, and 3, Docket Nos. 50– There are no meetings scheduled for approval of an application for indirect the week of September 14, 2009. 10, 50–237, and 50–249; [NRC–2009–0290], license transfer for each of the above- Lasalle County Station, Units 1 and 2, Docket Week of September 21, 2009—Tentative Nos. 50–373 and 50–374; [NRC–2009–0291], referenced facilities as published in the Limerick Generating Station, Units 1 and 2, Federal Register on July 9, 2009 (74 FR Tuesday, September 22, 2009 Docket Nos. 50–352 and 50–353; [NRC– 32975, 74 FR 32962, 74 FR 32976, 74 FR 2009–0287], Oyster Creek Generating Station, 32981, 74 FR 32978, 74 FR 32965, 74 FR 9:25 a.m. Affirmation Session (Public Docket No. 50–219; [NRC–2009–0286], Peach 32971, 74 FR 32973, 74 FR 32968, 74 FR Meeting) (Tentative). Final Rule Bottom Atomic Power Station, Units 1, 2, and 32963, 74 FR 32979, and 74 FR 32970). Establishing Criminal Penalties for the 3, Docket Nos. 50–171, 50–277, and 50–278; However, by letter dated July 30, 2009, Unauthorized Introduction of Weapons [NRC–2009–0285], Quad Cities Nuclear the applicant withdrew the request for into Facilities Designated by the Nuclear Power Station, Units 1 and 2, Docket Nos. approval. Regulatory Commission. (Tentative). 50–254 and 50–265; [NRC–2009–0294], This meeting will be Web cast live at Salem Generating Station, Units 1 and 2, For further details with respect to this action, see the application dated January the Web address—http://www.nrc.gov. Docket Nos. 50–272 and 50–311; [NRC– 9:30 a.m. Periodic Briefing on New 2009–0288], Three Mile Island Nuclear 29, 2009, as supplemented by letter Station, Unit 1, Docket No. 50–289; [NRC– dated March 18, 2009, and the Reactor Issues—Progress in Resolving 2009–0284], Zion Nuclear Power Station, applicant’s letter dated July 30, 2009, Inspections, Tests, Analysis, and Units 1 and 2, Docket Nos. 50–295 and 50– which withdrew the request for NRC Acceptance Criteria (ITAAC) Closure 304 [NRC–2009–0295]. approval of the indirect license transfer. (Public Meeting). (Contact: Debby The U.S. Nuclear Regulatory Documents may be examined, and/or Johnson, 301–415–1415.) Commission (the Commission, NRC) has copied for a fee, at the NRC’s Public This meeting will be Web cast live at granted the request of Exelon Document Room (PDR), located at One the Web address—http://www.nrc.gov. Corporation (the applicant, Exelon), the White Flint North, Public File Area O1 Week of September 28, 2009—Tentative parent company to Exelon Generation F21, 11555 Rockville Pike (first floor), Company, LLC (hereafter, EGC; the Rockville, Maryland. Publicly available Wednesday, September 30, 2009 licensee for the subject plants), to records will be accessible electronically 9:30 a.m. Discussion of Management withdraw its January 29, 2009, from the Agencywide Documents Issues (Closed—Ex. 2). application, as supplemented by letter Access and Management System Week of October 5, 2009—Tentative dated March 18, 2009, for the proposed (ADAMS) Public Electronic Reading indirect transfer of the Facility Room on the Internet at the NRC Web There are no meetings scheduled for Operating Licenses for the following site, http://www.nrc.gov/reading-rm/ the week of October 5, 2009. reactor units: adams.html. Persons who do not have Week of October 12, 2009—Tentative access to ADAMS or who encounter Braidwood Station, Units 1 and 2, Facility There are no meetings scheduled for Operating License Nos. NPF–72 and NPF–77; problems in accessing the documents Byron Station, Units 1 and 2, Facility located in ADAMS should contact the the week of October 12, 2009. Operating License Nos. NPF–37 and NPF–66; NRC PDR Reference staff by telephone * * * * * Clinton Power Station, Facility Operating at 1–800–397–4209, or 301–415–4737 or * The schedule for Commission License No. NPF–62; by e-mail to [email protected]. meetings is subject to change on short Dresden Nuclear Power Station, Units 1, 2 notice. To verify the status of meetings, and 3, Facility Operating License No. DPR– Dated at Rockville, Maryland, this 31st day of August 2009. call (recording)—(301) 415–1292. 2 and Renewed Facility Operating License Contact person for more information: Nos. DPR–19 and DPR–25; For the Nuclear Regulatory Commission. Rochelle Bavol, (301) 415–1651. LaSalle County Station, Units 1 and 2, Christopher Gratton, Facility Operating License Nos. NPF–11 and * * * * * Senior Project Manager, Plant Licensing NPF–18; The NRC Commission Meeting Branch III–2, Division of Operating Reactor Limerick Generating Station, Units 1 and 2, Licensing, Office of Nuclear Reactor Schedule can be found on the Internet Facility Operating License Nos. NPF–39 and Regulation. at: http://www.nrc.gov/about-nrc/policy- NPF–85; making/schedule.html. Oyster Creek Generating Station, Facility [FR Doc. E9–21697 Filed 9–8–09; 8:45 am] Operating License No. DPR–16; BILLING CODE 7590–01–P * * * * * Peach Bottom Atomic Power Station, Units The NRC provides reasonable 1, 2 and 3, Facility Operating License No. accommodation to individuals with DPR–12 and Renewed Facility Operating NUCLEAR REGULATORY disabilities where appropriate. If you License Nos. DPR–44 and DPR–56; COMMISSION need a reasonable accommodation to Quad Cities Nuclear Power Station, Units participate in these public meetings, or 1 and 2, Renewed Facility Operating License Sunshine Federal Register Notice need this meeting notice or the Nos. DPR–29 and DPR–30; transcript or other information from the Salem Generating Station, Units 1 and 2, AGENCY HOLDING THE MEETINGS: Nuclear public meetings in another format (e.g. Facility Operating License Nos. DPR–70 and Regulatory Commission. DPR–75; braille, large print), please notify the Three Mile Island Nuclear Station, Unit 1, DATES: Weeks of September 7, 14, 21, NRC’s Disability Program Coordinator, Facility Operating License No. DPR–50; and 28, October 5, 12, 2009. Rohn Brown, at 301–492–2279, TDD: Zion Nuclear Power Station, Units 1 and 2, PLACE: Commissioners’ Conference 301–415–2100, or by e-mail at Facility Operating License Nos. DPR–39 and Room, 11555 Rockville Pike, Rockville, [email protected]. Determinations on DPR–48. Maryland. requests for reasonable accommodation The application sought the STATUS: Public and Closed. will be made on a case-by-case basis. Commission’s consent to the indirect * * * * * transfer to NRG Energy Inc. (NRG), of Week of September 7, 2009 This notice is distributed control of the subject licenses, to the There are no meetings scheduled for electronically to subscribers. If you no extent held by EGC. the week of September 7, 2009. longer wish to receive it, or would like

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to be added to the distribution, please Document Room (PDR), Room O–1 F21, occur in the NYSE Display Book® contact the Office of the Secretary, One White Flint North, 11555 Rockville (‘‘NYSE Display Book’’ or ‘‘DBK’’)for Washington, DC 20555 (301–415–1969), Pike, Rockville, MD 20852–2738. The certain order processing purposes. The or send an e-mail to PDR’s mailing address is US NRC PDR, Exchange is seeking to amend NYSE [email protected]. Washington, DC 20555–0001. The PDR Rules 13, 15, 79A, 100, 104, 116, 123B, Dated: September 3, 2009. staff can be reached by telephone at 123C, 123D, 124 and 1000. The text of 301–415–4737 or 800–397–4209, by fax Rochelle C. Bavol, the proposed rule change is available at at 301–415–3548, and by e-mail to the Exchange, the Commission’s Public Office of the Secretary. [email protected]. Reference Room, and http:// [FR Doc. E9–21835 Filed 9–4–09; 4:15 pm] Regulatory guides are not www.nyse.com. BILLING CODE 7590–01–P copyrighted, and NRC approval is not required to reproduce them. II. Self-Regulatory Organization’s Statement of the Purpose of, and NUCLEAR REGULATORY Dated at Rockville, Maryland, this 1st day Statutory Basis for, the Proposed Rule of September 2009. COMMISSION For the Nuclear Regulatory Commission. Change [NRC–2009–0106] Martin C. Murphy, In its filing with the Commission, the Chief, Generic Communications Branch, self-regulatory organization included Withdrawal of Proposed Regulatory Division of Policy and Rulemaking, Office statements concerning the purpose of, Issue Summary; Implementation of of Nuclear Reactor Regulation. and basis for, the proposed rule change New Final Rule, Protection of [FR Doc. E9–21694 Filed 9–8–09; 8:45 am] and discussed any comments it received Safeguards Information BILLING CODE 7590–01–P on the proposed rule change. The text of those statements may be examined at AGENCY: Nuclear Regulatory the places specified in Item IV below. Commission. SECURITIES AND EXCHANGE The Exchange has prepared summaries, ACTION: Withdrawal of Proposed COMMISSION set forth in sections A, B, and C below, Regulatory Issue Summary (RIS) of the most significant parts of such ‘‘Implementation of New Final Rule, [Release No. 34–60608; File No. SR–NYSE– statements. Protection of Safeguards Information.’’ 2009–85] A. Self-Regulatory Organization’s FOR FURTHER INFORMATION CONTACT: Self-Regulatory Organizations; Notice Statement of the Purpose of, and Robert Norman at 301–415–2278 or by of Filing and Immediate Effectiveness Statutory Basis for, the Proposed Rule e-mail at [email protected]. of Proposed Rule Change by New York Change Stock Exchange LLC Adding Language SUPPLEMENTARY INFORMATION: to Several NYSE Rules To Clarify That 1. Purpose I. Introduction Transactions That Occur Solely Within The purpose of the proposed rule The U.S. Nuclear Regulatory NYSE MatchPointSM Will Be Treated filing is to add language to several NYSE Differently Than Executions That rules to clarify that transactions that Commission (NRC) is withdrawing draft ® Regulatory Issue Summary (RIS) Occur in the NYSE Display Book for occur solely within the MatchPoint ‘‘Implementation of New Final Rule, Certain Order Processing Purposes facility will be treated differently than Protection of Safeguards Information’’ September 1, 2009. executions that occur in the DBK for published March 12, 2009 (74 FR Pursuant to Section 19(b)(1) 1 of the certain order processing purposes. The 10786). This draft RIS provided Securities Exchange Act of 1934 (the proposed additional text will not change stakeholders information concerning the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 the core purpose of the subject rules or changes to Title 10 of the Code of notice is hereby given that on August the functionality of MatchPoint or other Federal Regulations (10 CFR) Parts 18, 2009, New York Stock Exchange NYSE trading systems and facilities. 73.21, 73.22 and 73.23. This draft RIS LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with Specifically, the Exchange is seeking to provided clarifying information of the the Securities and Exchange amend NYSE Rules 13, 15, 79A, 100, impact of the new rule (effective date Commission (‘‘Commission’’) the 104, 116, 123B, 123C, 123D, 124 and February 23, 2009). The NRC will not proposed rule change as described in 1000. pursue finalizing the draft RIS because Items I and II below, which Items have The Exchange launched MatchPoint the NRC has issued Draft Regulatory been prepared by the self-regulatory in January 2008 following approval of Guide (DG–5034) in the Federal organization. The Commission is its rule filing by the Securities and Register for public comment (74 FR publishing this notice to solicit Exchange Commission (the ‘‘SEC’’ or the 39343, 39354) to assist licensees in comments on the proposed rule change ‘‘Commission’’). MatchPoint is an meeting the requirements of 10 CFR from interested persons. anonymous point-in-time electronic 73.21, 73.22, and 73.23. Therefore, the trading facility of the NYSE that RIS is no longer needed. I. Self-Regulatory Organization’s matches aggregated orders at Statement of the Terms of Substance of predetermined sessions throughout II. Further Information the Proposed Rule Change regular hours and after hours of the Regulatory guides are the preferred The Exchange proposes to add Exchange. MatchPoint trades securities method to disseminate guidance language to several NYSE rules to clarify listed on all major and regional U.S. information and are available for that transactions that occur solely stock exchanges. inspection or downloading through the within NYSE MatchPointSM MatchPoint is a ‘‘stand alone’’ facility NRC’s public Web site under (‘‘MatchPoint’’ or the ‘‘facility’’) will be of the Exchange in that orders entered ‘‘Regulatory Guides’’ in the NRC’s treated differently than executions that into MatchPoint do not interact with Electronic Reading Room at http:// any other Exchange facilities or other www.nrc.gov/reading-rm/doccollections. 1 15 U.S.C.78s(b)(1). automated trading centers. Rather, it Regulatory guides are also available for 2 15 U.S.C. 78a. matches aggregated buy and sell orders inspection at the NRC’s Public 3 17 CFR 240.19b–4. within the facility during predetermined

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one-minute matching sessions during when calculating the triggers applicable round lot price’’ shall not include prices regular hours of the Exchange (at 9:45 to the following DBK executions and/or of transactions that occur in NYSE a.m., 10 a.m., 11 a.m., 12 noon, 1 p.m., requirements: (1) Pre-opening MatchPoint. 2 p.m., and 3 p.m.) as well as an after indications; (2) last sale trades; (3) odd (5) Rule 104. ‘‘Dealings and hours match (at 4:45 p.m.) at a lot trades; (4) Designated Market Maker Responsibilities of DMMs’’ Reference Price determined pursuant to (‘‘DMMs’’) obligations to re-enter the The Exchange is proposing to add to NYSE Rule 1500. market; and (5) stop orders. These the Supplementary Material section of The MatchPoint system reports trade triggers are referenced in the following Rule 104, under section .10 that the execution information to the applicable NYSE Rules: 13, 15, 79A, 100, 104, 116, terms ‘‘price,’’ ‘‘high price,’’ ‘‘low price’’ Securities Information Processors 123B, 123C, 123D, 124 and 1000. and ‘‘last differently-priced trade’’ shall (‘‘SIPs’’) for each MatchPoint eligible Applicable NYSE rules were not include the price of any transaction security. Trades are reported as one previously amended to clarify that that occurs in NYSE MatchPoint. print for each security irrespective of NYBX-only executions are not included (6) Rule 116. ‘‘ ‘Stop’ Constitutes the number of individual buyers and in the above described calculations.5 Guarantee’’ sellers with the total volume of the The Exchange is seeking to amend many The Exchange is proposing to add to transaction reported with the price. of the same NYSE Rules in this filing in the Supplementary Material section of Trades that occur in MatchPoint are order to provide appropriate Rule 116, under subsection .40 distinguished from other Tape A prints consistency and clarity to the related (‘‘Stopping’’ stock on market-at-the- by a print modifier that is appended to NYSE Rules. Therefore, with this rule close orders’’) subparagraph (C) that for the trades reported. filing, the Exchange proposes to amend purposes of this section .40, the ‘‘price Trades that occur on MatchPoint have the following NYSE Rules: 13, 15, 79A, of the last sale’’ shall not include any always been designated with a print 100, 104, 116, 123B, 123C, 123D, 124 transaction that occurs in NYSE modifier of ‘‘N.X.’’ Since January 2009, and 1000. The proposed amendments MatchPoint. this same print modifier has also been will clarify that MatchPoint executions (7) Rule 123B. ‘‘Exchange Automated used to designate trades that occur are also excluded from the Order Routing System’’ solely within the New York Block aforementioned calculations. Therefore, The Exchange is proposing to add to Exchange facility (‘‘NYBX’’) (see Rule the Exchange seeks to amend the Rule 123B in subsection (b)(3)(‘‘Booth 1600). However, all trades that occur in following rules: Support System’’) that for purposes of the DBK are identified with an ‘‘N’’ (1) Rule 13 (Definitions) ‘‘Sell this section (3), the term ‘‘last sale’’ print modifier, including NYBX orders ‘‘Plus’’—Buy ‘‘Minus’’ Order’’ and shall not include any transaction that that match with DBK liquidity. ‘‘Stop Order’’ NYBX is an anonymous electronic occurs in NYSE MatchPoint. The Exchange is proposing to amend (8) Rule 123C. ‘‘Market On The Close facility of the Exchange that is not these definitions to indicate that a connected to MatchPoint. As more fully Policy And Expiration Procedures’’ transaction that occurs in NYSE The Exchange is proposing to add to described in Rule 1600 and related rule MatchPoint shall not be considered in filings 4 NYBX provides for the Supplementary Material .10 that for the operation of these orders. purposes of Rule 123C, the terms ‘‘last continuous matching and execution of (2) Rule 15. ‘‘Pre-Opening orders in the NYBX facility (all of which sale’’ and ‘‘last sales’’ shall not include Indications’’ any transaction that occurs in NYSE are non-displayed) with the aggregate of The Exchange is proposing to add to all displayed and non-displayed orders MatchPoint. section (d) of the rule that an execution (9) Rule 123D. ‘‘Openings and Halts in in the NYSE DBK (subject to routing to that occurs in NYSE MatchPoint shall away markets in compliance with Trading’’ not be considered in the operation of The Exchange is proposing to add to Regulation NMS). Therefore, NYBX this rule. orders can execute with marketable non- Rule 123D in the Supplementary (3) Rule 79A. ‘‘Miscellaneous Material Section .25 that for purposes of displayed contra side liquidity in the Requirements on Stock Market NYBX facility, with marketable contra this rule, a transaction that occurs in Procedures’’ NYSE MatchPoint shall not affect the side liquidity (displayed and/or non- The Exchange is proposing to add to displayed) in the DBK and with any calculation of the ‘‘last sale,’’ ‘‘prior subsection (C)(7) of .15 of the close,’’ ‘‘previous close’’ or any similar available marketable contra side Supplementary Material section of the liquidity in the Capital Commitment term. Miscellaneous Requirements on Stock (10) Rule 124. ‘‘Odd-Lot Orders’’ Schedule (‘‘CCS’’) of the Designated Market Procedures section of the rule The Exchange is proposing to add to Market Makers (‘‘DMMs’’) (see Rule that the term ‘‘last sale’’ shall not Rule 124.70 in the Supplementary 1000(d)). include any transaction that occurs in Executions that occur within the Material section that references to NYSE MatchPoint. Additionally, the NYBX facility (i.e., that execute solely ‘‘round-lot transaction,’’ ‘‘round-lot Exchange is proposing to add to section with orders within NYBX) or on Exchange transaction,’’ ‘‘opening .20(c) of the Supplementary Material MatchPoint are treated differently than transaction,’’ ‘‘closing transaction,’’ that a transaction that occurs in NYSE executions that occur in the DBK ‘‘reopening price,’’ ‘‘re-opening MatchPoint shall not be considered the (including executions resulting from transaction,’’ ‘‘price’’ and ‘‘sale’’ shall ‘‘last sale,’’ the ‘‘current sale,’’ or the NYBX orders matching with DBK not include any transaction that occurs ‘‘last previous sale.’’ liquidity and CCS interest) for certain in NYSE MatchPoint. (4) Rule 100. ‘‘Round-Lot order processing purposes. Specifically, (11) Rule 1000. ‘‘Automatic Execution Transactions of Odd-Lot Dealer or Exchange systems do not include either of Limit Orders Against Order Reflected Broker Affecting Odd-Lot Orders’’ MatchPoint or NYBX-only executions in NYSE Published Quotation’’ The Exchange is proposing to add to The Exchange is proposing to add to subsection (d) that the ‘‘last different 4 See Securities Exchange Act Release No. 59282 Rule 1000.11 in the Supplementary (January 22, 2009) 74 FR 5009 (January 28, 2009) Material section that with respect to (SR–NYSE–2008–119) (Rule 1600. NewYork Block 5 See Securities Exchange Act Release No. 59282 Exchange). See also SR–NYSE–2009–82, which was (January 22, 2009) 74 FR 5009 (January 28, 2009) ‘‘sale,’’ ‘‘sale price,’’ ‘‘last sale price,’’ filed with the Commission on August 12, 2009. (SR–NYSE–2008–119). ‘‘closing price’’ and similar terms shall

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not include any transaction that occurs investors and the public interest, it has 100 F Street, NE., Washington, DC in NYSE MatchPoint. become effective pursuant to Section 20549–1090. In each of the rule changes described 19(b)(3)(A) of the Act 6 and Rule 19b– All submissions should refer to File above, the Exchange also proposes to 4(f)(6) thereunder.7 Number SR–NYSE–2009–85. This file add a reference to Rule 1500 (‘‘NYSE The Exchange has requested that the number should be included on the MatchPointSM’’). Commission waive the 30-day operative subject line if e-mail is used. To help the Market data for NYSE-listed securities delay and designate the proposed rule Commission process and review your that trade on MatchPoint is change immediately operative. The comments more efficiently, please use disseminated via the consolidated tape Exchange believes that waiving the only one method. The Commission will pursuant to the Consolidated Tape operative delay, by immediately post all comments on the Commission’s Association Plan (‘‘CTA Plan’’). Trade clarifying how trades executed in NYSE Internet Web site (http://www.sec.gov/ reports of securities that are governed by MatchPoint will be treated for purposes rules/sro.shtml). Copies of the the Unlisted Trade Privileges Plan of the application of certain other submission, all subsequent (‘‘UTP Plan’’) are disseminated pursuant Exchange rules, will eliminate potential amendments, all written statements to the UTP Plan. Because MatchPoint confusion by granting market with respect to the proposed rule and NYBX are facilities of the Exchange, participants a better understanding of change that are filed with the and not withstanding the exclusions the effect that MatchPoint trades have Commission, and all written described above, all trades executed in on the market. The Commission believes communications relating to the either MatchPoint or NYBX indicate the such waiver is consistent with the proposed rule change between the protection of investors and the public market of execution as the NYSE for Commission and any person, other than interest.8 Accordingly, the Commission CTA and UTP purposes. those that may be withheld from the designates the proposed rule change public in accordance with the 2. Statutory Basis operative upon filing with the provisions of 5 U.S.C. 552, will be The basis under the Securities Commission. available for inspection and copying in Exchange Act of 1934 (the ‘‘Act’’) for At any time within 60 days of the the Commission’s Public Reference this proposed rule change is the filing of the proposed rule change, the Room on official business days between requirement under Section 6(b)(5) that Commission may summarily abrogate the hours of 10 a.m. and 3 p.m. Copies an Exchange have rules that are such rule change if it appears to the of such filing also will be available for designed to promote just and equitable Commission that such action is inspection and copying at the principal principles of trade, to remove necessary or appropriate in the public office of the Exchange. All comments impediments to and perfect the interest, for the protection of investors, received will be posted without change; mechanism of a free and open market or otherwise in furtherance of the the Commission does not edit personal and a national market system and, in purposes of the Act. identifying information from general, to protect investors and the IV. Solicitation of Comments submissions. You should submit only public interest. The Exchange believes information that you wish to make the proposed rule changes support these Interested persons are invited to available publicly. All submissions principles in that they will clarify that submit written data, views, and should refer to File Number SR–NYSE– certain NYSE rules do not apply to arguments concerning the foregoing, 2009–85 and should be submitted on or executions that occur on MatchPoint. including whether the proposed rule change is consistent with the Act. before September 30, 2009. B. Self-Regulatory Organization’s Comments may be submitted by any of For the Commission, by the Division of Statement on Burden on Competition the following methods: Trading and Markets, pursuant to delegated authority.9 The Exchange does not believe that Electronic Comments Florence E. Harmon, the proposed rule change will impose • any burden on competition that is not Use the Commission’s Internet Deputy Secretary. comment form (http://www.sec.gov/ necessary or appropriate in furtherance [FR Doc. E9–21645 Filed 9–8–09; 8:45 am] of the purposes of the Act. rules/sro.shtml); or • Send an e-mail to rule- BILLING CODE 8010–01–P C. Self-Regulatory Organization’s [email protected]. Please include File Statement on Comments on the Number SR–NYSE–2009–85 on the SECURITIES AND EXCHANGE Proposed Rule Change Received From subject line. COMMISSION Members, Participants, or Others Paper Comments No written comments were solicited [Release No. 34–60612; File No. SR–NYSE– • Send paper comments in triplicate or received with respect to the proposed 2009–88] to Elizabeth M. Murphy, Secretary, rule change. Securities and Exchange Commission, Self-Regulatory Organizations; Notice III. Date of Effectiveness of the of Filing and Immediate Effectiveness Proposed Rule Change and Timing for 6 15 U.S.C. 78s(b)(3)(A). of Proposed Rule Change by New York Commission Action 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Stock Exchange LLC to Modify the 4(f)(6)(iii) requires the self-regulatory organization Cure Provisions Under Its Dollar Stock Because the foregoing proposed rule to submit to the Commission written notice of its Price Continued Listing Standard change: (i) Does not significantly affect intent to file the proposed rule change, along with the protection of investors or the public a brief description and text of the proposed rule change, at least five business days prior to the date September 2, 2009. interest; (ii) does not impose any of filing of the proposed rule change, or such Pursuant to Section 19(b)(1) 1 of the significant burden on competition; and shorter time as designated by the Commission. The Securities Exchange Act of 1934 (the (iii) by its terms, does not become Exchange has satisfied this requirement. ‘‘Exchange Act’’) 2 and Rule 19b–4 operative for 30 days from the date on 8 For purposes only of waiving the 30-day operative delay of this proposal, the Commission which it was filed, or such shorter time has considered the proposed rule’s impact on 9 17 CFR 200.30–3(a)(12). as the Commission may designate, if efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). consistent with the protection of 15 U.S.C. 78c(f). 2 15 U.S.C. 78a.

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thereunder,3 notice is hereby given that, not eligible to follow the cure has a closing share price of at least $1.00 on August 21, 2009, New York Stock procedures outlined in Sections 802.02 and has an average closing share price Exchange LLC (the ‘‘NYSE’’ or the and 802.03 with respect to the dollar of at least $1.00 over the 30 trading day ‘‘Exchange’’) filed with the Securities stock price continued listing standard. period ending on the last trading day of and Exchange Commission the proposed The company must, however, notify the that month. It has been the Exchange’s rule changes as described in Items I and Exchange, within 10 business days of experience that most companies that II below, which items have been receipt of the notification, of its intent have utilized this early cure provision prepared by the Exchange. The to cure this deficiency or be subject to during the period of the suspension Exchange has designated this proposal suspension and delisting procedures. In have subsequently remained in eligible for immediate effectiveness order to cure an event of noncompliance compliance with the dollar stock price pursuant to Rule 19b–4(f)(6) 4 under the under the dollar price continued listing continued listing standard. Act. The Commission is publishing this standard, an issuer must have a $1.00 Consequently, the Exchange no longer notice to solicit comments on the closing share price on the last trading believes that there is any regulatory proposed rule changes from interested day of its six-month cure period and a benefit to be derived from limiting persons. $1.00 average closing share price over companies to curing an event of the 30 trading-day period ending on the noncompliance with the dollar price I. Self-Regulatory Organization’s last trading day in the six-month cure continued listing standard only at the Statement of the Terms of Substance of period. If the issuer fails to regain very end of the six-month cure period. the Proposed Rule Change compliance in this manner, the The Exchange believes that allowing The Exchange proposes to modify the Exchange will commence suspension companies to cure on the last trading cure provisions under the dollar stock and delisting procedures promptly after day of any month during the cure period price continued listing standard set the expiration of the cure period.5 will not contribute to the retention of forth in Section 802.01C of the Due to the extreme volatility in the companies that are unsuitable for Exchange’s Listed Company Manual equity markets in the earlier part of continued listing. The Exchange also (the ‘‘Manual’’). 2009, the Exchange suspended the believes that Nasdaq takes a similar The text of the proposed rule change application of the dollar price continued approach to the proposed amendment in is available on the Exchange’s Web site listing standard until June 30, 2009.6 the cure provisions of its dollar price (http://www.nyse.com), at the The suspension of the dollar price continued listing standard 8 and, Exchange’s Office of the Secretary and continued listing standard was consequently, the Exchange does not at the Commission’s Public Reference subsequently extended to July 31, believe that the proposed amendment room. 2009.7 Under the suspension, any raises any novel regulatory issues. The II. Self-Regulatory Organization’s company that was in a compliance NYSE retains the right to delist a Statement of the Purpose of, and period at the time of commencement of company at any time if it determines Statutory Basis for, the Proposed Rule the rule suspension could return to that doing so is in the public interest. Change compliance if such company had a $1.00 closing share price on the last 2. Statutory Basis In its filing with the Commission, the trading day of any calendar month The Exchange believes that the self-regulatory organization included during the suspension and a $1.00 proposed rule change is consistent with statements concerning the purpose of average closing share price based on the Section 6(b) 9 of the Act in general, and and basis for the proposed rule change 30 trading days preceding the end of furthers the objectives of Section and discussed any comments it received such month. The Exchange now 6(b)(5) 10 of the Act in particular in that on the proposed rule change. The text proposes to amend Section 802.01C to it is designed to promote just and of these statements may be examined at provide that this provision will become equitable principles of trade, to foster the places specified in Item IV below. a permanent aspect of the rule after the cooperation and coordination with The NYSE has prepared summaries, set expiration of the suspension period on persons engaged in regulating, clearing, forth in Sections A, B and C below, of July 31, 2009. Going forward, a settling, processing information with the most significant aspects of such company that has been notified by the respect to, and facilitating transactions statements. Exchange that it is below compliance in securities, to remove impediments to A. Self-Regulatory Organization’s with the dollar price continued listing and perfect the mechanism of a free and Statement of the Purpose of, and standard can regain compliance prior to open market and a national market Statutory Basis for, the Proposed Rule the end of its six-month cure period if system, and, in general, to protect Change on the last trading day of any calendar investors and the public interest. The month during that period the company 1. Purpose proposed rule change is similar to an existing rule of Nasdaq and Under Section 802.01C of the Manual, 5 Additionally, Section 802.01C provides that if a consequently does not raise any novel a listed company is below compliance company determines that, if necessary, it will cure regulatory issues. Furthermore, with the Exchange’s stock price the price condition by taking an action that will require approval of its shareholders, it must so companies that will qualify to cure their continued listing standard if the average inform the Exchange in the above referenced dollar price continued listing standard closing price of its stock has fallen notification, must obtain the shareholder approval noncompliance under the proposed below $1.00 over a consecutive 30 by no later than its next annual meeting, and must amendment will have maintained an trading day period) (the NYSE’s ‘‘dollar implement the action promptly thereafter. The price condition will be deemed cured if the price price continued listing standard’’). Once promptly exceeds $1.00 per share, and the price 8 See Nasdaq Marketplace Rule 5810(a)(3)(A), notified, the company must bring its remains above the level for at least the following 30 under which a company which is below share price and average share price back trading days. compliance with Nasdaq’s $1.00 price requirement above $1.00 by six months following 6 See Securities Exchange Act Release No. 59510 can regain compliance at any time during the 180- (March 4, 2009), 74 FR 10636 (March 11, 2009)(SR– day compliance period by meeting the standard for receipt of the notification. A company is NYSE–2009–21). any 10 consecutive trading days during the 7 See Securities Exchange Act Release No. 60273 compliance period. 3 17 CFR 240.19b–4. (July 9, 2009), 74 FR 34606 (July 16, 2009) (SR– 9 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(6). NYSE–2009–64. [sic] 10 15 U.S.C. 78f(b)(5).

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average closing price of at least $1.00 for for public comment the temporary comments more efficiently, please use 30 consecutive trading days, which suspension of the dollar price continued only one method. The Commission will evidences those companies’ suitability listing standard (which included the post all comments on the Commission’s for continued listing. same early cure provision as proposed Internet Web site (http://www.sec.gov/ in this filing) and received no rules/sro.shtml). Copies of the B. Self-Regulatory Organization’s Statement on Burden on Competition comments. submission, all subsequent The Commission believes that amendments, all written statements The Exchange does not believe that waiving the 30-day operative delay 15 is with respect to the proposed rule the proposed rule change will impose consistent with the protection of change that are filed with the any burden on competition that is not investors and the public interest. As Commission, and all written necessary or appropriate in furtherance noted by the NYSE, the proposal was communications relating to the of the purposes of the Act. previously published for comment and proposed rule change between the C. Self-Regulatory Organization’s implemented during the temporary Commission and any person, other than Statement on Comments on the suspension of the dollar price continued those that may be withheld from the Proposed Rule Change Received From listing standard.16 The Commission public in accordance with the Members, Participants or Others received no comments on this change. provisions of 5 U.S.C. 552, will be In addition, the proposal will avoid available for inspection and copying in Written comments were neither confusion as to the applicable the Commission’s Public Reference solicited nor received. compliance period and is not Room, 100 F Street, NE., Washington, III. Date of Effectiveness of the inconsistent with how NASDAQ applies DC 20549, on official business days Proposed Rule Change and Timing for its compliance period. For these between the hours of 10 a.m. and 3 p.m. Commission Action reasons, the Commission believes it is Copies of such filing also will be Because the foregoing proposed rule appropriate to waive the 30-day available for inspection and copying at change does not: (i) Significantly affect operative delay, allowing the proposed the principal office of the Exchange. All the protection of investors or the public rule change to become operative upon comments received will be posted interest; (ii) impose any significant filing. without change; the Commission does burden on competition; and (iii) become At any time within 60 days of the not edit personal identifying operative for 30 days from the date on filing of the proposed rule change, the information from submissions. You which it was filed, or such shorter time Commission may summarily abrogate should submit only information that as the Commission may designate, it has such rule change if it appears to the you wish to make publicly available. All become effective pursuant to Section Commission that such action is submissions should refer to File 19(b)(3)(A) of the Act 11 and Rule 19b– necessary or appropriate in the public Number SR–NYSE–2009–88 and should 4(f)(6) thereunder.12 interest, for the protection of investors, be submitted on or before September 30, A proposed rule change filed or otherwise in furtherance of the 2009. pursuant to Rule 19b–4(f)(6) under the purposes of the Act. For the Commission, by the Division of 13 Act normally does not become IV. Solicitation of Comments Trading and Markets, pursuant to delegated operative for 30 days after the date of its authority.17 filing. However, Rule 19b–4(f)(6) 14 Interested persons are invited to Florence E. Harmon, permits the Commission to designate a submit written data, views, and Deputy Secretary. arguments concerning the foregoing, shorter time if such action is consistent [FR Doc. E9–21646 Filed 9–8–09; 8:45 am] including whether the proposed rule with the protection of investors and the BILLING CODE 8010–01–P public interest. The Exchange has change is consistent with the Act. requested that the Commission waive Comments may be submitted by any of the following methods: the 30-day operative delay because the DEPARTMENT OF STATE Exchange believes that: (i) Doing so will Electronic Comments avoid potential confusion and • Use the Commission’s Internet [Public Notice 6741] inconsistent treatment of companies comment form (http://www.sec.gov/ that could arise if the Exchange was rules/sro.shtml); or Shipping Coordinating Committee; unable to apply this provision on • Send an e-mail to rule- Notice of Subcommittee Meeting August 31, after having applied such a [email protected]. Please include File The Shipping Coordinating provision during the temporary Number SR–NYSE–2009–88 on the Committee (SHC) will conduct an open suspension period, and then doing so subject line. meeting at 11 a.m. on Wednesday, again on September 30 after the filing Paper Comments September 23, 2009, in Room 1422 of • Send paper comments in triplicate becomes operative, (ii) such a waiver the United States Coast Guard to Elizabeth M. Murphy, Secretary, will allow the Exchange to implement a Headquarters Building, 2100 Second Securities and Exchange Commission, standard substantially similar to that in Street, SW., Washington, DC 20593– 100 F Street, NE., Washington, DC place at Nasdaq, and (iii) the 0001. The primary purpose of the 20549–1090. Commission has previously published meeting is to prepare for the ninety- All submissions should refer to File sixth Session of the International 11 15 U.S.C. 78s(b)(3)(A). Number SR–NYSE–2009–88. This file Maritime Organization (IMO) Legal 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– number should be included on the Committee (LEG) to be held be held at 4(f)(6) requires a self-regulatory organization to give subject line if e-mail is used. To help the the Commission written notice of its intent to file the IMO Headquarters, United Kingdom, the proposed rule change at least five business days Commission process and review your from October 5 to October 9, 2009. prior to the date of filing of the proposed rule The primary matters to be considered change, or such shorter time as designated by the 15 For purposes only of waiving the 30-day include: Commission. The Exchange has satisfied the five- operative delay, the Commission has considered the day pre-filing requirement. proposed rule’s impact on efficiency, competition, —Adoption of the agenda 13 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). 14 17 CFR 240.19b–4(f)(6). 16 See supra notes 6–7. 17 17 CFR 200.30–3(a)(12).

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—Decisions of other IMO bodies DEPARTMENT OF STATE noted above and by visiting http:// —Consideration and adoption of www.npafc.org. amendments to mandatory [Public Notice 6739] Dated: September 1, 2009. instruments William Gibbons-Fly, —Measures to enhance maritime Notice of Public Meeting Director, Office of Marine Conservation, security SUMMARY: The U.S. Department of State, Department of State. —Goal-based new ship construction Bureau of Oceans and International [FR Doc. E9–21702 Filed 9–8–09; 8:45 am] standards Environmental and Scientific Affairs BILLING CODE 4710–09–P —LRIT-related matters (OES), Office of Marine Conservation —Technical assistance sub-programme announces that the Advisory Panel to in maritime safety and security the U.S. Section of the North Pacific DEPARTMENT OF TRANSPORTATION —Capacity-building for the Anadromous Fish Commission will implementation of new measures meet on September 23, 2009. Surface Transportation Board —Role of the human element DATES: The meeting will take place via —Formal safety assessment teleconference on September 23, 2009 [STB Finance Docket No. 35252] —Piracy and armed robbery against from 1 p.m. to 3 p.m. Eastern time. ships Meeting Details: The teleconference Regional Transportation District— —General cargo ship safety call-in number is toll-free 1–888–456– Acquisition Exemption—Union Pacific —Reports of six subcommittees—Ship 0348, passcode 20935, and will have a Railroad Company in Adams, Boulder, design and equipment, Training and limited number of lines for members of Broomfield, and Weld, CO Watchkeeping, Radiocommunications the public to access from anywhere in Regional Transportation District and Search and Rescue, Flag State the United States. Callers will hear (RTD),1 a noncarrier, has filed a verified Implementation, Safety of Navigation, instructions for using the passcode and notice of exemption under 49 CFR Stability, Load Lines and Fishing joining the call after dialing the toll-free 1150.31 to acquire from Union Pacific Vessel Safety, Dangerous Goods, Solid number noted. Members of the public Railroad Company (UP) approximately Cargoes and Containers wishing to participate in the 32.97 miles of rail line, known as the —Relations with other organizations teleconference must contact the OES Boulder Industrial Lead, extending from —Election of Chairman and Vice- officer in charge as noted in the FOR milepost 0.2 (north of Denver) to Chairman for 2009 FURTHER INFORMATION CONTACT section approximately milepost 33.17, Members of the public may attend below no later than close of business on including the Lakeside Spur (Boulder this meeting up to the seating capacity Monday, September 21, 2009. County), in the Counties of Adams, of the room. To facilitate the building FOR FURTHER INFORMATION CONTACT: John Boulder, Broomfield, and Weld, CO. security process, those who plan to Field, Office of Marine Conservation, According to RTD, UP will retain an attend should contact the meeting OES, Room 2758, U.S. Department of exclusive freight easement for the coordinator, Bronwyn G. Douglass, by e- State, 2201 C Street, NW., Washington, trackage on the Boulder Industrial Lead, mail at [email protected], by DC 20520. Telephone (202) 647–3263, and UP will retain the exclusive right to phone at (202) 372–3792, by fax at (202) fax (202) 736–7350, e-mail operate freight service on the entire line. 372–3972, or in writing at Commandant [email protected]. RTD states that the transaction was (CG–0941), U.S. Coast Guard, 2100 2nd SUPPLEMENTARY INFORMATION: In agreed upon on June 25, 2009. The Street, SW., STOP 7121, Washington, earliest this transaction may be DC 20593–7121 not later than 72 hours accordance with the requirements of the Federal Advisory Committee Act, notice consummated is September 23, 2009, before the meeting. Please note that due the effective date of the exemption (30 to security considerations, two valid, is given that the Advisory Panel to the U.S. Section of the North Pacific days after the exemption is filed). government issued photo identifications According to RTD, it will acquire no must be presented to gain entrance to Anadromous Fish Commission (NPAFC) will meet on the date and time noted right or obligation to provide freight rail the Headquarters building. The service on the Boulder Industrial Lead, Headquarters building is accessible by above. The panel consists of members from the states of Alaska and and it is acquiring the property for the taxi and privately owned conveyance purpose of providing intrastate (public transportation is not generally Washington who represent the broad range fishing and conservation interests passenger commuter rail operations. available). However, parking in the RTD certifies that its projected annual vicinity of the building is extremely in anadromous and ecologically related species in the North Pacific. Certain revenues as a result of this transaction limited. A member of the public will not result in the creation of a Class needing reasonable accommodation members also represent relevant state and regional authorities. The panel was II or Class I rail carrier. should make his or her request by If the notice contains false or September 16th. Requests submitted established in 1992 to advise the U.S. Section of the NPAFC on research needs misleading information, the exemption after that date will be considered, but is void ab initio.2 Petitions to revoke the might not be able to be fulfilled. and priorities for anadromous species, such as salmon, and ecologically related exemption under 49 U.S.C. 10502(d) Additional information regarding this may be filed at any time. The filing of and other IMO SHC public meetings species occurring in the high seas of the North Pacific Ocean. The upcoming a petition to revoke does not may be found at: http://www.uscg.mil/ automatically stay the transaction. hq/cg5/imo. Panel meeting will focus on three major topics: (1) Review of the agenda for the Petitions for stay must be filed no later Dated: September 2, 2009. 2009 annual meeting of the NPAFC than September 16, 2009 (at least 7 days J. Trent Warner, (November 2–6, 2009; Niigata, Japan); Executive Secretary, Shipping Coordinating (2) logistics for the U.S. Section at the 1 RTD is a political subdivision of the State of Committee, Department of State. Colorado. NPAFC meeting; and (3) the future 2 A motion to dismiss has been filed in this [FR Doc. E9–21691 Filed 9–8–09; 8:45 am] status of the Panel. Background material proceeding. The motion will be addressed in a BILLING CODE 4710–09–P is available from the point of contact subsequent Board decision.

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before the exemption becomes as an advisory body, and will comply 1. Chairperson, Bernard J. Knight, effective). with the provisions of FACA, and its Acting General Counsel (Department of An original and 10 copies of all implementing regulations. Treasury). pleadings, referring to STB Finance RETAC consists of approximately 25 2. Paul D. DeNard, IRS, Deputy Docket No. 35252, must be filed with voting members, excluding the Commissioner (Operations) (Large and the Surface Transportation Board, 395 E governmental representatives. The Mid Size Business). Street, SW., Washington, DC 20423– membership comprises a balanced 3. Faris R. Fink, IRS, Deputy 0001. In addition, a copy of each representation of individuals Commissioner (Small Business/Self pleading must be served on Charles A. experienced in issues affecting the Employed). Spitulnik, 1001 Connecticut Avenue, transportation of energy resources, This publication is required by 5 NW., Suite 800, Washington, DC 20036. including not less than: 5 U.S.C. 4314(c)(4). Board decisions and notices are representatives from the Class I Dated: August 8, 2009. railroads; 3 representatives from Class II available on our Web site at http:// William J. Wilkins, www.stb.dot.gov. and III railroads; 3 representatives from coal producers; 5 representatives from Chief Counsel, Internal Revenue Service. Decided: September 3, 2009. electric utilities (including at least one [FR Doc. E9–21726 Filed 9–8–09; 8:45 am] By the Board, Rachel D. Campbell, rural electric cooperative and one state- BILLING CODE 4830–01–P Director, Office of Proceedings. or municipally-owned utility); 4 Jeffrey Herzig, representatives from biofuel feedstock Clearance Clerk. growers or providers, and biofuel UNITED STATES SENTENCING [FR Doc. E9–21682 Filed 9–8–09; 8:45 am] refiners, processors and distributors; COMMISSION BILLING CODE 4915–01–P and 2 representatives from private car owners, car lessors, or car Sentencing Guidelines for United manufacturers. These members are States Courts DEPARTMENT OF TRANSPORTATION serving in a representative capacity for AGENCY: United States Sentencing this Committee. The Committee may Commission. Surface Transportation Board also include up to 3 members with ACTION: Notice of final priorities. [STB Ex Parte No. 670 (Sub-No. 3)] relevant experience but not necessarily affiliated with one of the SUMMARY: In June 2009, the Commission Renewal of Rail Energy Transportation aforementioned industries or sectors. published a notice of possible policy Advisory Committee STB Board Members are ex officio (non- priorities for the amendment cycle voting) members of RETAC. ending May 1, 2010. See 74 FR 29737 AGENCY: Surface Transportation Board, RETAC meets approximately four DOT. (June 23, 2009). After reviewing public times a year, and meetings are open to comment received pursuant to the ACTION: Notice of intent to renew the public, consistent with the notice of proposed priorities, the charter. Government in the Sunshine Act, Public Commission has identified its policy Law 94–409. priorities for the upcoming amendment SUMMARY: In accordance with the Further information about the RETAC cycle and hereby gives notice of these Federal Advisory Committee Act, as is available on the Board’s Web site at policy priorities. amended 5 U.S.C., App. (FACA), notice http://www.stb.dot.gov and at the GSA’s is hereby given that the Surface FACA Database—https://www.fido.gov/ FOR FURTHER INFORMATION CONTACT: Transportation Board (Board) intends to facadatabase/public.asp. Michael Courlander, Public Affairs renew the charter of the Rail Energy This action will not significantly Officer, Telephone: (202) 502–4590. Transportation Advisory Committee affect either the quality of the human SUPPLEMENTARY INFORMATION: The (RETAC). environment or the conservation of United States Sentencing Commission is ADDRESSES: A copy of the charter is energy resources. an independent agency in the judicial available at the Library of the Surface Dated: September 3, 2009. branch of the United States Transportation Board, 395 E Street, SW., Jeffrey Herzig, Government. The Commission promulgates sentencing guidelines and Washington, DC 20423–0001, and on Clearance Clerk. policy statements for Federal sentencing the Board’s Web site at http:// [FR Doc. E9–21660 Filed 9–8–09; 8:45 am] www.stb.dot.gov. courts pursuant to 28 U.S.C. 994(a). The BILLING CODE 4915–01–P Commission also periodically reviews FOR FURTHER INFORMATION CONTACT: and revises previously promulgated Scott Zimmerman, Designated Federal guidelines pursuant to 28 U.S.C. 994(o) Official, at (202) 245–0202. Assistance DEPARTMENT OF TREASURY and submits guideline amendments to for the hearing impaired is available the Congress not later than the first day Office of the General Counsel; through the Federal Information Relay of May each year pursuant to 28 U.S.C. Service (FIRS) at: (800) 877–8339. Appointment of Members of the Legal Division to the Performance Review 994(p). SUPPLEMENTARY INFORMATION: RETAC As part of its statutory authority and Board, Internal Revenue Service was established by the Board on responsibility to analyze sentencing September 24, 2007, to provide advice Under the authority granted to me as issues, including operation of the and guidance to the Board, on a Chief Counsel of the Internal Revenue Federal sentencing guidelines, the continuing basis, and to provide a forum Service by the General Counsel of the Commission has identified its policy for the discussion of emerging issues Department of the Treasury by General priorities for the amendment cycle and concerns regarding the Counsel Order No. 21 (Rev. 4), pursuant ending May 1, 2010. The Commission transportation by rail of energy to the Civil Service Reform Act, I have recognizes, however, that other factors, resources, particularly but not appointed the following persons to the such as the enactment of any legislation necessarily limited to coal, ethanol and Legal Division Performance Review requiring Commission action, may affect other biofuels. RETAC functions solely Board, Internal Revenue Service Panel: the Commission’s ability to complete

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work on any or all of its identified encourage certain factors as forming the (9) Review of child pornography priorities by the statutory deadline of basis for departure from the guideline offenses, and possible promulgation of May 1, 2010. Accordingly, it may be sentence; and (B) possible revisions to guideline amendments and/or a report necessary to continue work on any or all the departure provisions in the to Congress as a result of such review. of these issues beyond the amendment Guidelines Manual, including in It is anticipated that any such report cycle ending on May 1, 2010. Chapter Two and in Parts H and K of would include (A) a review of the As so prefaced, the Commission has Chapter Five, in light of that review and incidence of, and reasons for, departures identified the following priorities: any other information coming to the and variances from the guideline (1) Continuation of its efforts, in light Commission’s attention, as well as sentence; (B) a compilation of studies of recent Supreme Court jurisprudence potential technical and conforming on, and analysis of, recidivism by child and pursuant to the Commission’s amendments to the Guidelines Manual pornography offenders; and (C) ongoing authority and responsibility to facilitate ease of use. recommendations to Congress on any under 28 U.S.C. 995(a)(21), to solicit (4) Continued study of, and a possible statutory changes that may be information regarding Federal report on, alternatives to incarceration, appropriate. sentencing practices, including through including (A) a study of sentencing (10) Consideration of miscellaneous ongoing regional public hearings. The alternatives that may be appropriate at guideline application issues including Commission has held regional public the time of the original sentencing; and (A) clarification of the extent to which hearings in Atlanta, GA (February 10– (B) consideration of any potential restitution is mandatory or discretionary 11, 2009), Palo Alto, CA (May 27–28, changes to the zones incorporated in the in various circumstances; (B) 2009), and New York, NY (July 9–10, Sentencing Table in Chapter Five and/ examination of, and possible guideline 2009), and intends to hold additional or other changes to the guidelines that amendments relating to, the regional public hearings in Chicago, IL might be appropriate in light of the computation of criminal history points (September 9–10, 2009), Denver, CO information obtained from that study. under § 4A1.1(e); and (C) other (October 20–21, 2009), Austin, TX (5) Continuation of its work with miscellaneous issues coming to the (November 19–20, 2009), and Phoenix, Congress and other interested parties on Commission’s attention from case law AZ (January 20–21, 2010). The cocaine sentencing policy to implement and other sources. Commission is soliciting information at the recommendations set forth in the (11) Implementation of crime these regional public hearings on topics Commission’s 2002 and 2007 reports to legislation enacted during the 111th that include the manner in which Congress, both entitled Cocaine and Congress warranting a Commission United States v. Booker and subsequent Federal Sentencing Policy, and to response. Supreme Court decisions have affected develop appropriate guideline Federal sentencing practices and Authority: 28 U.S.C. 994(a), (o); USSC amendments in response to any related Rules of Practice and Procedure 5.2. appellate review of those practices, the legislation. role of the Federal sentencing Ricardo H. Hinojosa, (6) Continuation of its multi-year guidelines, and recommendations, if Acting Chair. any, for appropriate revisions to Federal study of the statutory and guideline definitions of *crime of violence*, [FR Doc. E9–21720 Filed 9–8–09; 8:45 am] sentencing policy. The Commission BILLING CODE 2211–01–P anticipates that it will compile and *aggravated felony*, *violent felony*, publish the information and testimony and *drug trafficking crime*, including an examination of relevant circuit received at these regional public UNITED STATES SENTENCING conflicts regarding whether any offense hearings and issue a report with respect COMMISSION to its findings. is categorically a *crime of violence*, (2) Continuation of its work on *aggravated felony*, *violent felony*, Sentencing Guidelines for United Federal sentencing policy with the or *drug trafficking crime* for purposes States Courts congressional, executive, and judicial of triggering an enhanced sentence branches of the government, and other under certain Federal statutes and AGENCY: United States Sentencing interested parties, in light of United guidelines. This study may culminate in Commission. States v. Booker and subsequent guideline amendments and/or a report ACTION: Notice of final action regarding Supreme Court decisions, possibly to Congress recommending statutory technical and conforming amendments including (A) an evaluation of the changes. to Federal sentencing guidelines impact of those decisions on the Federal (7) Resolution of circuit conflicts, effective November 1, 2009. sentencing guideline system; (B) pursuant to the Commission’s SUMMARY: On May 1, 2009, the development of amendments to the continuing authority and responsibility, Commission submitted to Congress Federal sentencing guidelines; (C) under 28 U.S.C. 991(b)(1)(B) and amendments to the Federal sentencing development of recommendations for Braxton v. United States, 500 U.S. 344 guidelines and published these legislation regarding Federal sentencing (1991), to resolve conflicting amendments in the Federal Register on policy; (D) a study of, and possible interpretations of the guidelines by the May 8, 2009. See 74 FR 21750. The report to Congress on, statutory Federal courts. Commission has made technical and mandatory minimum penalties, (8) Multi-year review of the guidelines conforming amendments, set forth in including a review of the operation of and their application to human rights this notice, to commentary provisions the ‘‘safety valve’’ provision at 18 U.S.C. offenses, including genocide under 18 related to those amendments. 3553(e); and (E) a study and report on U.S.C. 1091, war crimes under 18 U.S.C. the appellate standard of review 2441, torture and maiming to commit DATES: The Commission has specified applicable to post-Booker Federal torture under 18 U.S.C. 2340A and 114, an effective date of November 1, 2009, sentencing decisions. respectively, and child soldier offenses for the amendments set forth in this (3) A review of departures within the under 18 U.S.C. 2442, and possible notice. guidelines, including (A) a review of the promulgation of guidelines or guideline FOR FURTHER INFORMATION CONTACT: extent to which pertinent statutory amendments with respect to these Michael Courlander, Public Affairs provisions prohibit, discourage, or offenses. Officer, Telephone: (202) 502–4590.

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SUPPLEMENTARY INFORMATION: The The Commentary to § 2B1.1 captioned The Commentary to § 2G1.1 captioned United States Sentencing Commission, ‘‘Application Notes’’ is amended in ‘‘Application Notes’’ is amended in an independent commission in the Note 7(E) by striking ‘‘enhancements’’ Note 1 in the paragraph that begins judicial branch of the United States and inserting ‘‘Chapter Three ‘‘ ‘Commercial sex act’ ’’ by striking government, is authorized by 28 U.S.C. Adjustments’’. ‘‘(c)(1)’’ and inserting ‘‘(e)(3)’’. 994(a) to promulgate sentencing The Commentary to § 2B1.1 captioned The Commentary to § 2G1.3 captioned guidelines and policy statements for ‘‘Application Notes’’ is amended in ‘‘Application Notes’’ is amended in Federal courts. Section 994 also directs Note 8(C) by striking ‘‘Enhancement’’ Note 1 in the paragraph that begins the Commission to review and revise and inserting ‘‘Chapter Three ‘‘ ‘Commercial sex act’ ’’ by striking periodically promulgated guidelines Adjustment’’. ‘‘(c)(1)’’ and inserting ‘‘(e)(3)’’. and authorizes it to submit guideline The Commentary to § 2B1.1 captioned The Commentary to § 2G2.1 captioned amendments to Congress not later than ‘‘Application Notes’’ is amended in ‘‘Statutory Provisions’’ is amended by the first day of May each year. See 28 Note 9 by striking the paragraph that striking ‘‘(b)’’ and inserting ‘‘(a)’’. U.S.C. 994(o), (p). Absent an affirmative begins ‘‘ ‘Telecommunications service’ The Commentary to § 2H3.1 captioned disapproval by Congress within 180 has the meaning’’; and by inserting after ‘‘Application Notes’’, as amended by days after the Commission submits its the paragraph that begins ‘‘ ‘Produce’ Amendment 1 submitted to Congress on amendments, the amendments become includes manufacture’’ the following: May 1, 2009 (74 FR 21750), is further effective on the date specified by the ‘‘ ‘Telecommunications service’ has amended in Note 4, in the paragraph Commission (typically November 1 of the meaning given that term in 18 U.S.C. that begins ‘‘ ‘Personal information’ the same calendar year). See 28 U.S.C. 1029(e)(9).’’. means’’, by striking ‘‘(i)’’ and inserting 994(p). The Commentary to § 2B1.1 captioned ‘‘(A)’’; by striking ‘‘(ii)’’ and inserting Unlike amendments made to ‘‘Application Notes’’, as amended by ‘‘(B)’’; by striking ‘‘(iii)’’ and inserting sentencing guidelines, amendments to Amendment 1 submitted to Congress on ‘‘(C)’’; by striking ‘‘(iv)’’ and inserting commentary may be made at any time May 1, 2009 (74 FR 21750), is further ‘‘(D)’’; by striking ‘‘(v)’’ and inserting and are not subject to congressional amended in Note 14(A) by striking ‘‘this ‘‘(E)’’; by striking ‘‘(vi)’’ and inserting review. To the extent practicable, the subsection’’ and inserting ‘‘subsection ‘‘(F)’’; and by striking ‘‘(vii)’’ and Commission endeavors to include (b)(17)’’; in the paragraph that begins inserting ‘‘(G)’’. amendments to commentary in any ‘‘ ‘Commodities law’ ’’ by striking The Commentary to § 2H3.1 captioned submission of guideline amendments to ‘‘Commodities’’ before ‘‘Exchange’’ and ‘‘Application Notes’’ is amended in Congress. Occasionally, however, the inserting ‘‘Commodity’’; by striking Note 5 by striking ‘‘(i)’’ and inserting Commission determines that technical ‘‘Commodities’’ before ‘‘Futures’’ and ‘‘(A)’’; and by striking ‘‘(ii)’’ and and conforming changes to commentary inserting ‘‘Commodity’’; inserting ‘‘(B)’’. The Commentary to § 2J1.5 captioned are necessary. This notice sets forth In the paragraph that begins ‘‘Statutory Provisions’’ is amended by technical and conforming amendments ‘‘ ‘Commodity pool operator’ ’’ by striking ‘‘Provision’’ and inserting to commentary that will become striking ‘‘(4)’’ and inserting ‘‘(5)’’ each ‘‘Provisions’’; and by striking ‘‘(2)’’ and effective on November 1, 2009. place it appears; by striking inserting ‘‘(1)(B)’’. Authority: USSC Rules of Practice and ‘‘Commodities’’ and inserting Procedure 4.1. The Commentary to § 2J1.5 captioned ‘‘Commodity’’; ‘‘Application Notes’’ is amended in Ricardo H. Hinojosa, In the paragraph that begins Note 2 by striking ‘‘this offense’’ and ‘‘ ‘Commodity trading advisor’ ’’ by Acting Chair, Technical and Conforming inserting ‘‘an offense under 18 U.S.C. Amendments. striking ‘‘(5)’’ and inserting ‘‘(6)’’ each 3146(b)(1)(B)’’. 1. Amendment: The Commentary to place it appears; by striking The Commentary to § 2J1.5 captioned § 2A6.2 captioned ‘‘Application Notes’’ ‘‘Commodities’’ and inserting ‘‘Background’’ is amended by striking is amended in Note 4 in the second ‘‘Commodity’’; ‘‘This offense covered by this section’’ paragraph by striking ‘‘2’’ after ‘‘Note’’ In the paragraph that begins ‘‘ ‘Futures and inserting ‘‘The offense under 18 and inserting ‘‘3’’. commission merchant’ ’’ by striking U.S.C. 3146(b)(1)(B)’’. The Commentary to § 2B1.1 captioned ‘‘Commodities’’ and inserting The Commentary to § 3B1.2 captioned ‘‘Application Notes’’, as amended by ‘‘Commodity’’; ‘‘Application Notes’’ is amended in Amendment 1 submitted to Congress on In the paragraph that begins Note 6 by striking ‘‘(3)’’ and inserting May 1, 2009 (74 FR 21750), is further ‘‘ ‘Introducing broker’ ’’ by striking ‘‘(5)’’. amended in Note 1, in the paragraph ‘‘Commodities’’ and inserting The Commentary following § 3D1.5 that begins ‘‘’Personal information’ ‘‘Commodity’’; captioned ‘‘Illustrations of the means’’, by striking ‘‘(i)’’ and inserting In the paragraph that begins Operation of the Multiple-Count Rules’’ ‘‘(A)’’; by striking ‘‘(ii)’’ and inserting ‘‘ ‘Investment adviser’ ’’ by inserting is amended in example 3 by striking ‘‘(B)’’; by striking ‘‘(iii)’’ and inserting ‘‘(a)(11)’’ after ‘‘202’’; ‘‘he’’ and inserting ‘‘the defendant’’; and ‘‘(C)’’; by striking ‘‘(iv)’’ and inserting In the paragraph that begins ‘‘ ‘Person by striking ‘‘(8)’’ and inserting ‘‘(9)’’. ‘‘(D)’’; by striking ‘‘(v)’’ and inserting associated with a broker or dealer’ ’’ by Appendix A (Statutory Index), as ‘‘(E)’’; by striking ‘‘(vi)’’ and inserting striking ‘‘(48)’’ and inserting ‘‘(18)’’; amended by Amendment 8 submitted to ‘‘(F)’’; and by striking ‘‘(vii)’’ and and in the paragraph that begins Congress on May 1, 2009 (74 FR 21750), inserting ‘‘(G)’’. ‘‘ ‘Person associated with an investment is further amended by striking the line The Commentary to § 2B1.1 captioned adviser’ ’’ by inserting ‘‘(a)(17)’’ after that begins ‘‘50 U.S.C. App. § 527(e)’’; ‘‘Application Notes’’ is amended in ‘‘202’’. and by inserting after the line that Note 3(F)(iii) by striking ‘‘276a’’ and The Commentary to § 2D1.6 captioned begins ‘‘50 U.S.C. App. § 462’’ the inserting ‘‘3142’’. ‘‘Application Notes’’ is amended in following: ‘‘50 U.S.C. App. The Commentary to § 2B1.1 captioned Note 1 by inserting ‘‘a minimum offense § 527(e)2X5.2’’. ‘‘Application Notes’’ is amended in level of 8 where the offense involves Reason for Amendment: This Note 4(C)(iii) by striking ‘‘his’’ and flunitrazepam (§ 2D1.1(c)(16));’’ after amendment makes certain technical and inserting ‘‘the addressee’s’’. ‘‘(§ 2D1.1(c)(14));’’. conforming changes to commentary.

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First, it updates obsolete statutory and DEPARTMENT OF VETERANS of information was published on June guideline references in §§ 2A6.2 AFFAIRS 29, 2009, at page 31112. Affected Public: Individuals or (Stalking or Domestic Violence), [OMB Control No. 2900–0319] Application Note 4; 2B1.1 (Theft, households. Property Destruction, and Fraud), Agency Information Collection Estimated Annual Burden: 1,467 Application Notes 3(F)(iii) and 14(A); (Fiduciary Agreement) Activities Under hours. 2G1.1 (Promoting a Commercial Sex Act OMB Review Estimated Average Burden per or Prohibited Sexual Conduct with an Respondent: 5 minutes. AGENCY: Individual Other than a Minor), Veterans Benefits Frequency of Response: One time. Administration, Department of Veterans Application Note 1; 2G1.3 (Promoting a Estimated Number of Respondents: Affairs. Commercial Sex Act or Prohibited 17,600. Sexual Conduct with a Minor; ACTION: Notice. Dated: September 2, 2009. Transportation of Minors to Engage in a SUMMARY: In compliance with the By direction of the Secretary. Commercial Sex Act or Prohibited Paperwork Reduction Act (PRA) of 1995 Denise McLamb, Sexual Conduct; Travel to Engage in (44 U.S.C. 3501–3521), this notice Program Analyst, Enterprise Records Service. Commercial Sex Act or Prohibited announces that the Veterans Benefits [FR Doc. E9–21567 Filed 9–8–09; 8:45 am] Sexual Conduct with a Minor; Sex Administration (VBA), Department of BILLING CODE 8320–01–P Trafficking of Children; Use of Interstate Veterans Affairs, will submit the Facilities to Transport Information collection of information abstracted about a Minor), Application Note 1; below to the Office of Management and DEPARTMENT OF VETERANS 2G2.1 (Sexually Exploiting a Minor by Budget (OMB) for review and comment. AFFAIRS Production of Sexually Explicit Visual The PRA submission describes the [OMB Control No. 2900–New (VR&E or Printed Material; Custodian nature of the information collection and Outcome)] Permitting Minor to Engage in Sexually its expected cost and burden; it includes Explicit Conduct; Advertisement for the actual data collection instrument. Agency Information Collection (VR&E Minors to Engage in Production), DATES: Comments must be submitted on Program National Outcome Follow-Up Statutory Provisions; 2J1.5 (Failure to or before October 9, 2009. With Employment Based Rehabilitated Appear by Material Witness), Statutory ADDRESSES: Submit written comments Veterans Survey) Activities Under OMB Provisions; 3B1.2 (Mitigating Role), on the collection of information through Review Application Note 6; and the Illustrations http://www.Regulations.gov or to VA’s AGENCY: Veterans Benefits following 3D1.5 (Determining the Total OMB Desk Officer, Office of Information Administration, Department of Veterans Punishment). and Regulatory Affairs, New Executive Affairs. Office Building, Room 10235, Second, it makes clerical and stylistic Washington, DC 20503, (202) 395–7316. ACTION: Notice. changes to the Commentary to § 2B1.1; Please refer to ‘‘OMB Control No. 2900– SUMMARY: In compliance with the the Commentary to § 2H3.1 0319’’ in any correspondence. (Interception of Communications; Paperwork Reduction Act (PRA) of 1995 FOR FURTHER INFORMATION CONTACT: Eavesdropping; Disclosure of Certain (44 U.S.C. 3501–3521), this notice Denise McLamb, Enterprise Records Private or Protected Information); and announces that the Veterans Benefits Service (005R1B), Department of the Illustrations following § 3D1.5. Administration, Department of Veterans Veterans Affairs, 810 Vermont Avenue, Affairs, will submit the collection of Third, it amends § 2D1.6 (Use of NW., Washington, DC 20420, (202) 461– information abstracted below to the Communication Facility in Committing 7485, FAX (202) 273–0443 or e-mail Office of Management and Budget Drug Offense; Attempt or Conspiracy), [email protected]. Please refer to (OMB) for review and comment. The Application Note 1, to ensure that its ‘‘OMB Control No. 2900–0319.’’ PRA submission describes the nature of description of the various minimum SUPPLEMENTARY INFORMATION: the information collection and its offense levels that apply to controlled Titles: Fiduciary Agreement, VA Form expected cost and burden; it includes substances under § 2D1.1 (Unlawful 21–4703. the actual data collection instrument. Manufacturing, Importing, Exporting, or OMB Control Number: 2900–0319. DATE: Comments must be submitted on Trafficking (Including Possession with Type of Review: Extension of a or before October 9, 2009. currently approved collection. Intent to Commit These Offenses); ADDRESSES: Abstract: VA Form 21–4703 is a legal Submit written comments Attempt or Conspiracy) is more on the collection of information through comprehensive (i.e., by including in that binding contract between VA and Federally appointed fiduciaries www.Regulations.gov or to VA’s OMB description the minimum offense level Desk Officer, Office of Information and that applies to flunitrazepam). receiving VA funds on behalf of beneficiaries who were determined to be Regulatory Affairs, New Executive Finally, it amends Appendix A incompetent or under legal disability by Office Building, Room 10235, (Statutory Index) to ensure that the line reason of minority or court action. The Washington, DC 20503, (202) 395–7316. reference to 50 U.S.C. App. § 527(e) is form outlines the fiduciary’s Please refer to ‘‘OMB Control No. 2900– placed in the appropriate order. responsibility regarding the use of VA New (VR&E Outcome)’’ in any correspondence. [FR Doc. E9–21721 Filed 9–8–09; 8:45 am] funds. An agency may not conduct or FOR FURTHER INFORMATION CONTACT: BILLING CODE 2211–01–P sponsor, and a person is not required to Denise McLamb, Enterprise Records respond to a collection of information Service (005R1B), Department of unless it displays a currently valid OMB Veterans Affairs, 810 Vermont Avenue, control number. The Federal Register NW., Washington, DC 20420, (202) 461– Notice with a 60-day comment period 7485, FAX (202) 273–0443 or e-mail soliciting comments on this collection [email protected]. Please refer to

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‘‘OMB Control No. 2900–New (VR&E Department of Veterans Affairs, is Type of Review: Extension of a Outcome).’’ announcing an opportunity for public currently approved collection. SUPPLEMENTARY INFORMATION: comment on the proposed collection of Abstract: VA personnel complete VA Title: Proposed Information Collection certain information by the agency. Form 0120 to document pre- (VR&E Program National Outcome Under the Paperwork Reduction Act employment history and conduct Follow-Up With Employment Based (PRA) of 1995, Federal agencies are background checks on applicants Rehabilitated Veterans Survey). required to publish notice in the seeking employment as VA police OMB Control Number: 2900–New Federal Register concerning each officers. VA will use the data collected (VR&E Outcome). proposed collection of information, to determine the applicant’s Type of Review: New collection. including each proposed extension qualification and suitability to be hired Abstract: The VR&E program provides without change of a currently approved as a VA police officer. services and assistance to enable collection, and allow 60 days for public Affected Public: State, Local, or Tribal Veterans with service-connected comment in response to the notice. This Government. disability to achieve employment-based notice solicits comments on information Estimated Annual Burden: 250 hours. rehabilitated status. VA will use the needed to determine an applicant’s Estimated Average Burden per National Outcome Follow-Up With qualification and suitability as a VA Respondent: 10 minutes. Employment Based Rehabilitated police officer. Frequency of Response: One time. Veterans survey to follow up with DATES: Written comments and Estimated Number of Responses: Veterans who were declared recommendations on the proposed 1,500. ‘‘Rehabilitated’’ by entering suitable collection of information should be Dated: September 2, 2009. employment after completing a VR&E received on or before November 9, 2009. By direction of the Secretary. vocational training program. The data ADDRESSES: Submit written comments Denise McLamb, collected will assist VA in analyzing the on the collection of information through Program Analyst, Enterprise Records Service. outcome of VR&E services provided to the Federal Docket Management System Veterans who achieved employment- [FR Doc. E9–21569 Filed 9–8–09; 8:45 am] (FDMS) at http://www.Regulations.gov; BILLING CODE 8320–01–P based rehabilitated status. or to Harry Brist, Office of Operations, An agency may not conduct or Security, and Preparedness, Department sponsor, and a person is not required to of Veterans Affairs, LETC, 2200 Fort DEPARTMENT OF VETERANS respond to a collection of information Root Drive, Little Rock, AR 72114 or e- AFFAIRS unless it displays a currently valid OMB mail: [email protected]. Please refer to control number. The Federal Register ‘‘OMB Control No. 2900–0524’’ in any [OMB Control No. 2900–0358] Notice with a 60-day comment period correspondence. During the comment soliciting comments on this collection period, comments may be viewed online Proposed Information Collection of information was published on June through FDMS. (Supplemental Information for Change 12, 2009, at page 28106. of Program or Reenrollment After FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals or Unsatisfactory Attendance, Conduct or households. Harry Brist at (501) 257–4051 or FAX Progress) Activity: Comment Request Estimated Annual Burden: 1,000 (501) 257–4145. hours. SUPPLEMENTARY INFORMATION: Under the AGENCY: Veterans Benefits Estimated Average Burden per PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Administration, Department of Veterans Respondent: 7.5 minutes. 3501–3521), Federal agencies must Affairs. Frequency of Response: On occasion. obtain approval from OMB for each ACTION: Notice. Estimated Number of Respondents: collection of information they conduct 8,000. or sponsor. This request for comment is SUMMARY: The Veterans Benefits Dated: September 2, 2009. being made pursuant to section Administration (VBA), Department of Veterans Affairs (VA), is announcing an By direction of the Secretary. 3506(c)(2)(A) of the PRA. With respect to the following opportunity for public comment on the Denise McLamb, proposed collection of certain Program Analyst, Enterprise Records Service. collection of information, OSP invites comments on: (1) Whether the proposed information by the agency. Under the [FR Doc. E9–21568 Filed 9–8–09; 8:45 am] collection of information is necessary Paperwork Reduction Act (PRA) of BILLING CODE 8320–01–P for the proper performance of OSP’s 1995, Federal agencies are required to functions, including whether the publish notice in the Federal Register information will have practical utility; concerning each proposed collection of DEPARTMENT OF VETERANS information, including each proposed AFFAIRS (2) the accuracy of OSP’s estimate of the burden of the proposed collection of extension of a currently approved [OMB Control No. 2900–0524] information; (3) ways to enhance the collection, and allow 60 days for public quality, utility, and clarity of the comment in response to the notice. This Proposed Information Collection (VA information to be collected; and (4) notice solicits comments on the Police Officer Pre-Employment ways to minimize the burden of the information needed to determine a Screening Checklist); Comment collection of information on claimant’s eligibility for additional Request respondents, including through the use educational benefits for a change of program or reenrollment after AGENCY: Office of Operations, Security, of automated collection techniques or the use of other forms of information unsatisfactory attendance, conduct or and Preparedness, Department of progress. Veterans Affairs. technology. ACTION: Notice. Title: VA Police Officer Pre- DATES: Written comments and Employment Screening Checklist, VA recommendations on the proposed SUMMARY: The Office of Operations, Form 0120. collection of information should be Security, and Preparedness (OSP), OMB Control Number: 2900–0524. received on or before November 9, 2009.

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ADDRESSES: Submit written comments necessary information only if the [email protected]. Please refer to on the collection of information through suitability of the proposed training ‘‘OMB Control No. 2900–0017.’’ the Federal Docket Management System program cannot be established from SUPPLEMENTARY INFORMATION: (FDMS) at http://www.Regulations.gov information already available in the Titles: or to Nancy J. Kessinger, Veterans claimant’s VA education records or the a. Annual-Final Report and Account, Benefits Administration (20M35), results of academic or vocational VA Form 21–4706. Department of Veterans Affairs, 810 counseling are not available to VA. b. Federal Fiduciary’s Account, VA Vermont Avenue, NW., Washington, DC Affected Public: Individuals or Form 21–4706b. 20420 or e-mail to households. c. Court Appointed Fiduciary’s [email protected]. Please refer to Estimated Annual Burden: 14,629 Account, VA Form 21–4706c. ‘‘OMB Control No. 2900–0358’’ in any hours. d. Account Book, VA Form 21–4718. correspondence. During the comment Estimated Average Burden per e. Certificate of Balance on Deposit period, comments may be viewed online Respondent: 30 minutes. and Authorization To Disclose Financial through FDMS. Frequency of Response: On occasion. Records (Pursuant to Title 38, U.S.C., FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: Chapter 55 and Title 12, U.S.C., Chapter Nancy J. Kessinger at (202) 461–9769 or 29,258. 35), VA Form 21–4718a. FAX (202) 275–5947. Dated: September 2, 2009. OMB Control Number: 2900–0017. SUPPLEMENTARY INFORMATION: Under the By direction of the Secretary. Type of Review: Extension of a PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Denise McLamb, currently approved collection. 3501—3521), Federal agencies must Program Analyst, Enterprise Records Service. Abstract: VA maintains supervision of the distribution and use of VA benefits obtain approval from the Office of [FR Doc. E9–21571 Filed 9–8–09; 8:45 am] Management and Budget (OMB) for each paid to fiduciaries on behalf of VA BILLING CODE 8320–01–P collection of information they conduct claimants who are incompetent, a or sponsor. This request for comment is minor, or under legal disability. The being made pursuant to Section DEPARTMENT OF VETERANS forms are used to verify beneficiaries’ 3506(c)(2)(A) of the PRA. AFFAIRS deposit remaining at a financial With respect to the following institution against a fiduciary’s collection of information, VBA invites [OMB Control No. 2900–0017] accounting. The following forms will be comments on: (1) Whether the proposed used to ensure claimants’ benefits collection of information is necessary Agency Information Collection payments are administered properly. for the proper performance of VBA’s (Annual-Final Report and Account) a. VA Forms 21–4706, 4706b and functions, including whether the Activities Under OMB Review 4706c are used by estate to determine proper usage of benefits paid to information will have practical utility; AGENCY: Veterans Benefits fiduciaries. The 21–4706 and 21–4706b (2) the accuracy of VBA’s estimate of the Administration, Department of Veterans are both necessary to conform to burden of the proposed collection of Affairs. information; (3) ways to enhance the requirement of various state courts. ACTION: quality, utility, and clarity of the Notice. b. VA Form 21–4718 is provided to information to be collected; and (4) SUMMARY: In compliance with the VA fiduciaries to submit accountings to ways to minimize the burden of the Paperwork Reduction Act (PRA) of 1995 either State courts or the VA. It is not collection of information on (44 U.S.C. 3501–3521), this notice a reporting form per se but a vehicle to respondents, including through the use announces that the Veterans Benefits assist the fiduciary in accurately of automated collection techniques or Administration (VBA), Department of maintaining records of monies received the use of other forms of information Veterans Affairs, will submit the and spent. technology. collection of information abstracted c. VA Form 21–4718a—Fiduciaries Title: Supplemental Information for below to the Office of Management and are required to obtain certifications that Change of Program or Reenrollment Budget (OMB) for review and comment. the balances remaining on deposit in after Unsatisfactory Attendance, The PRA submission describes the financial institutions as shown on Conduct or Progress, VA Form 22–8873. nature of the information collection and accountings are correct. Certifying OMB Control Number: 2900–0358. its expected cost and burden; it includes official at a financial institution Type of Review: Extension of a the actual data collection instrument. completing the form must affix the currently approved collection. institution’s official seal or stamp. The Abstract: Veterans and other eligible DATES: Comments must be submitted on data collected is used to appoint an persons may change their program of or before October 9, 2009. appropriate fiduciary for a VA education under conditions prescribed ADDRESSES: Submit written comments beneficiary and to prevent fiduciaries by Title 38 U.S.C. 3691. A claimant can on the collection of information through from supplying false certification, normally make one change of program http://www.Regulations.gov or to VA’s embezzling funds, and possibly prevent without VA approval. VA approval is OMB Desk Officer, Office of Information and/or identify fraud, waste and abuse required if the claimant makes any and Regulatory Affairs, New Executive of government funds paid to fiduciaries additional change of program. Before Office Building, Room 10235, on behalf of VA beneficiaries. VA can approve benefits for a second or Washington, DC 20503, (202) 395–7316. An agency may not conduct or subsequent change of program, VA must Please refer to ‘‘OMB Control No. 2900– sponsor, and a person is not required to first determine that the new program is 0017’’ in any correspondence. respond to a collection of information suitable to the claimant’s aptitudes, FOR FURTHER INFORMATION CONTACT: unless it displays a currently valid OMB interests, and abilities, or that the cause Denise McLamb, Enterprise Records control number. The Federal Register of any unsatisfactory progress or Service (005R1B), Department of Notice with a 60-day comment period conduct has been resolved before Veterans Affairs, 810 Vermont Avenue, soliciting comments on this collection entering into a different program. VA NW., Washington, DC 20420, (202) 461– of information was published on Form 22–8873 is used to gather the 7485, FAX (202) 273–0443 or e-mail June 29, 2009, at pages 31111–31112.

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Affected Public: Individuals or collection of information abstracted DEPARTMENT OF VETERANS households. below to the Office of Management and AFFAIRS Estimated Annual Burden: Budget (OMB) for review and comment. [OMB Control No. 2900–0260] a. Annual-Final Report and Account, The PRA submission describes the VA Form 21–4706—1,100. nature of the information collection and Proposed Information Collection b. Federal Fiduciary’s Account, VA its expected cost and burden and (Request for and Authorization To Form 21–4706b—6,300. includes the actual data collection Release Medical Records or Health c. Court Appointed Fiduciary’s instrument. Information) Activity: Comment Account, VA Form 21–4706c—2,000. Request d. Account Book, VA Form 21–4718— DATES: Comments must be submitted on 20,000. or before October 9, 2009. AGENCY: Veterans Health e. Certificate of Balance on Deposit ADDRESSES: Submit written comments Administration, Department of Veterans and Authorization To Disclose Financial on the collection of information through Affairs. Records, VA Form 21–4718a–166. http://www.Regulations.gov; or to VA’s ACTION: Notice. Estimated Average Burden per OMB Desk Officer, OMB Human Respondent: Resources and Housing Branch, New SUMMARY: The Veterans Health a. Annual-Final Report and Account, Executive Office Building, Room 10235, Administration (VHA) is announcing an VA Form 21–4706—30 minutes. Washington, DC 20503 (202) 395–7316. opportunity for public comment on the b. Federal Fiduciary’s Accounts, VA Please refer to ‘‘OMB Control No. 2900– proposed collection of certain Form 21–4706b—27 minutes. 0427’’ in any correspondence. information by the agency. Under the c. Court Appointed Fiduciary’s Paperwork Reduction Act (PRA) of FOR FURTHER INFORMATION CONTACT: 1995, Federal agencies are required to Account, VA Form 21–4706c—30 Denise McLamb, Enterprise Records minutes. publish notice in the Federal Register Service (005R1B), Department of concerning each proposed collection of d. Account Book, VA Form 21–4718– Veterans Affairs, 810 Vermont Avenue, 21⁄2 hours. information, including each proposed NW., Washington, DC 20420, (202) 461– revision of a currently approved e. Certificate of Balance on Deposit 7485, fax (202) 273–0443 or e-mail and Authorization To Disclose Financial collection, and allow 60 days for public [email protected]. Please comment in response to the notice. This Records, VA Form 21–4718a–3 minutes. refer to ‘‘OMB Control No. 2900–0427.’’ Frequency of Response: Annually. notice solicits comments on information Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: needed to obtain a patient written a. Annual-Final Report and Account, Titles: Former POW Medical History, consent to disclose medical records or VA Form 21–4706–2,200. VA Form 10–0048. health information to individuals or b. Federal Fiduciary’s Accounts, VA OMB Control Number: 2900–0427. third parties. Form 21–4706b–14,000. Type of Review: Revision of a DATES: Written comments and c. Court Appointed Fiduciary’s currently approved collection. recommendations on the proposed Account, VA Form 21–4706c–4,000. collection of information should be Abstract: VA Form 10–0048 is d. Account Book, VA Form 21–4718– received on or before November 9, 2009. completed by a VA physician during a 8,000. ADDRESSES: Submit written comments e. Certificate of Balance on Deposit medical examination of a Former Prisoner of War veteran. VA will use the on the collection of information through and Authorization To Disclose Financial Federal Docket Management System Records, VA Form 21–4718a–3,312. data collected as a guide and reference for treatment planning for the FPOW (FDMS) at www.Regulations.gov; or to Dated: September 2, 2009. veteran. Mary Stout, Veterans Health Administration (193E1), Department of By direction of the Secretary. An agency may not conduct or Denise McLamb, Veterans Affairs, 810 Vermont Avenue, sponsor, and a person is not required to NW., Washington, DC 20420 or e-mail: Program Analyst, Enterprise Records Service. respond to a collection of information [email protected]. Please refer to [FR Doc. E9–21572 Filed 9–8–09; 8:45 am] unless it displays a currently valid OMB ‘‘OMB Control No. 2900–0260’’ in any BILLING CODE 8320–01–P control number. The Federal Register correspondence. During the comment Notice with a 60-day comment period period, comments may be viewed online soliciting comments on this collection through FDMS. DEPARTMENT OF VETERANS of information was published on June FOR FURTHER INFORMATION CONTACT: AFFAIRS 29, 2009, at pages 31110–31111. Mary Stout, (202) 461–5867 or FAX [OMB Control No. 2900–0427] Affected Public: Individuals or (202) 273–9381. households. Agency Information Collection (Former SUPPLEMENTARY INFORMATION: Under the Estimated Total Annual Burden: 113 PRA of 1995 (Pub. L. 104–13; 44 U.S.C. POW Medical History), VA Form 10– hours. 0048 Activities Under OMB Review 3501–3521), Federal agencies must Estimated Average Burden per obtain approval from the Office of AGENCY: Veterans Health Respondent: 90 minutes. Management and Budget (OMB) for each Administration, Department of Veterans Frequency of Response: One time. collection of information they conduct Affairs. Estimated Number of Respondents: or sponsor. This request for comment is ACTION: Notice. 75. being made pursuant to Section 3506(c)(2)(A) of the PRA. Dated: September 2, 2009. SUMMARY: In compliance with the With respect to the following Paperwork Reduction Act (PRA) of 1995 By direction of the Secretary. collection of information, VHA invites (44 U.S.C. 3501–3521), this notice Denise McLamb, comments on: (1) Whether the proposed announces that the Veterans Health Program Analyst, Enterprise Records Service. collection of information is necessary Administration (VHA), Department of [FR Doc. E9–21573 Filed 9–8–09; 8:45 am] for the proper performance of VHA’s Veterans Affairs, will submit the BILLING CODE 8320–01–P functions, including whether the

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information will have practical utility; DEPARTMENT OF VETERANS quality, utility, and clarity of the (2) the accuracy of VHA’s estimate of AFFAIRS information to be collected; and (4) the burden of the proposed collection of ways to minimize the burden of the [OMB Control No. 2900–New (10–0468)] information; (3) ways to enhance the collection of information on quality, utility, and clarity of the Proposed Information Collection respondents, including through the use information to be collected; and (4) (Internet Student CPR Web of automated collection techniques or ways to minimize the burden of the Registration Application); Comment the use of other forms of information collection of information on Request technology. respondents, including through the use Title: Internet Student CPR Web of automated collection techniques or AGENCY: Veterans Health Registration Application, VA Form 10– the use of other forms of information Administration, Department of Veterans 0468. technology. Affairs. OMB Control Number: 2900–New Titles: ACTION: Notice. (10–0468). a. Request for and Authorization To Type of Review: New collection. Release Medical Records or Health SUMMARY: The Veterans Health Abstract: The data collected on VA Information, VA Form 10–5345. Administration (VHA), Department of Form 10–0468 will be used to establish b. Individual’s Request for a Copy of Veterans Affairs, is announcing an a roster on students attending courses Their Own Health Information, VA opportunity for public comment on the provided by the Minneapolis VA Form 10–5345a. proposed collection of certain Medical Center Education Service. c. My HealtheVet (MHV)— information by the agency. Under the Students will be able to identify and Individuals’ Request for a Copy of Their Paperwork Reduction Act (PRA) of register for a training course online Own Health Information, VA Form 10– 1995, Federal agencies are required to without waiting for the Registrar to 5345a–MHV. publish notice in the Federal Register return calls or e-mails to confirm OMB Control Number: 2900–0260. concerning each proposed collection of enrollment. Type of Review: Revision of a information, including each proposed Affected Public: Individuals or currently approved collection. new collection, and allow 60 days for households. Abstract: public comment in response to the Estimated Annual Burden: 125 hours. a. VA Form 10–5345 is used to obtain notice. This notice solicits comments on Estimated Average Burden per a written consent from patients before information needed to establish an Respondent: 5 minutes. information concerning his or her online Web registration application. Frequency of Response: Bi-Annually. treatment for alcoholism or alcohol DATES: Written comments and Estimated Number of Responses: abuse, drug abuse, sickle cell anemia, or recommendations on the proposed 1,500. infection with the human collection of information should be Dated: September 2, 2009. immunodeficiency virus (HIV) can be received on or before November 9, 2009. disclosed to private insurance By direction of the Secretary. ADDRESSES: Submit written comments companies, physicians and other third Denise McLamb, on the collection of information through parties. Program Analyst, Enterprise Records Service. b. Patients complete VA Form 10– the Federal Docket Management System (FDMS) at http://www.Regulations.gov; [FR Doc. E9–21576 Filed 9–8–09; 8:45 am] 5345a to request a copy of their health BILLING CODE 8320–01–P information maintained at Department or to Mary Stout, Veterans Health of Veterans Affairs. Administration (193E1), Department of c. VA Form 10–5345a–MHV is Veterans Affairs, 810 Vermont Avenue, DEPARTMENT OF VETERANS completed by individuals requesting NW., Washington, DC 20420 or e-mail: AFFAIRS their health information electronically [email protected]. Please refer to through My HealtheVet. ‘‘OMB Control No. 2900–New (10– [OMB Control No. 2900–New (10–0473)] Affected Public: Individuals or 0468)’’ in any correspondence. During the comment period, comments may be Proposed Information Collection households. (Millennium Bill Emergency Care Estimated Total Annual Burden: viewed online through FDMS. Provider Satisfaction Survey); a. VA Form 10–5345—15,000 hours. FOR FURTHER INFORMATION CONTACT: Comment Request b. VA Form 10–5345a—15,000 hours. Mary Stout at (202) 461–5867 or FAX c. VA Form 10–5345a–MVH—35,000 (202) 273–9381. AGENCY: Veterans Health hours. SUPPLEMENTARY INFORMATION: Under the Administration, Department of Veterans Estimated Average Burden per PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Affairs. Respondent: 3501–3521), Federal agencies must ACTION: Notice. a. VA Form 10–5345—3 minutes. obtain approval from OMB for each b. VA Form 10–5345a—3 minutes. SUMMARY: The Veterans Health c. VA Form 10–5345a–MVH—3 collection of information they conduct Administration (VHA), Department of minutes. or sponsor. This request for comment is Frequency of Response: On occasion. being made pursuant to Section Veterans Affairs (VA), is announcing an Estimated Number of Respondents: 3506(c)(2)(A) of the PRA. opportunity for public comment on the a. VA Form 10–5345—300,000. With respect to the following proposed collection of certain b. VA Form 10–5345a—300,000. collection of information, VHA invites information by the agency. Under the c. 10–5345a–MVH—700,000. comments on: (1) Whether the proposed Paperwork Reduction Act (PRA) of collection of information is necessary 1995, Federal agencies are required to Dated: September 2, 2009. for the proper performance of VHA’s publish notice in the Federal Register By direction of the Secretary. functions, including whether the concerning each proposed collection of Denise McLamb, information will have practical utility; information, including each proposed Program Analyst, Enterprise Records Service. (2) the accuracy of VHA’s estimate of new collection, and allow 60 days for [FR Doc. E9–21574 Filed 9–8–09; 8:45 am] the burden of the proposed collection of public comment in response to the BILLING CODE P information; (3) ways to enhance the notice. This notice solicits comments on

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information needed to improve Estimated Average Burden per c. Homeless Providers Grant and Per customer satisfactions with VHA’s claim Respondent: 5 minutes. Diem Program, Per Diem Only reimbursement process. Frequency of Response: Annually. Application, VA Form 10–0361–PDO. DATES: Written comments and Estimated Number of Respondents: d. Homeless Providers Grant and Per recommendations on the proposed 110. Diem Program, Special Needs collection of information should be Dated: September 2, 2009. Application, VA Form 10–0361–SN. e. Compliance Reports for Per Diem received on or before November 9, 2009. By direction of the Secretary. and Special Needs Grants. No form ADDRESSES: Denise McLamb, Submit written comments needed. May be reported to VA in on the collection of information through Program Analyst, Enterprise Records Service. standard business narrative. the Federal Docket Management System [FR Doc. E9–21575 Filed 9–8–09; 8:45 am] f. Homeless Providers Grant and Per (FDMS) at http://www.Regulations.gov; BILLING CODE 8320–01–P Diem Program, Technical Assistance or to Mary Stout, Veterans Health Application, VA Form 10–0361–TA. Administration (193E1), Department of g. Compliance Reports for Technical Veterans Affairs, 810 Vermont Avenue, DEPARTMENT OF VETERANS Assistance Grants. No form needed. May NW., Washington, DC 20420 or e-mail: AFFAIRS be reported to VA in standard business [email protected]. Please refer to [OMB Control No. 2900–0554] narrative. ‘‘OMB Control No. 2900–New (10– OMB Control Number: 2900–0554. 0473)’’ in any correspondence. During Agency Information Collection Type of Review: Extension of a the comment period, comments may be (Homeless Providers Grant and per currently approved collection. viewed online through FDMS. diem Program) Activities Under OMB Abstract: VA Form 10–0361 series, FOR FURTHER INFORMATION CONTACT: Review Homeless Providers Grant and Per Diem Mary Stout at (202) 461–5867 or FAX Program, will be used to evaluate (202) 273–9381. AGENCY: Veterans Health applicant’s eligibility to receive a grant Administration, Department of Veterans SUPPLEMENTARY INFORMATION: and/or Per Diem payments which Under the Affairs. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. provide supportive housing and services 3501–3521), Federal agencies must ACTION: Notice. to assist homeless veterans transition to obtain approval from OMB for each independent living. VA will use the SUMMARY: In compliance with the data to apply specific criteria to rate and collection of information they conduct Paperwork Reduction Act (PRA) of 1995 or sponsor. This request for comment is evaluate each application; and to obtain (44 U.S.C. 3501–3521), this notice information necessary to ensure that being made pursuant to Section announces that the Veterans Health 3506(c)(2)(A) of the PRA. Federal funds are awarded to applicants Administration (VHA), Department of who are financially stable and who will With respect to the following Veterans Affairs, will submit the collection of information, VHA invites conduct the program for which a grant collection of information abstracted and/or Per Diem award was made. comments on: (1) Whether the proposed below to the Office of Management and collection of information is necessary An agency may not conduct or Budget (OMB) for review and comment. sponsor, and a person is not required to for the proper performance of VHA’s The PRA submission describes the functions, including whether the respond to a collection of information nature of the information collection and unless it displays a currently valid OMB information will have practical utility; its expected cost and burden and (2) the accuracy of VHA’s estimate of control number. The Federal Register includes the actual data collection Notice with a 60-day comment period the burden of the proposed collection of instrument. information; (3) ways to enhance the soliciting comments on this collection quality, utility, and clarity of the DATES: Comments must be submitted on of information was published on information to be collected; and (4) or before October 9, 2009. June 22, 2009, at pages 29537–29538. Affected Public: Not-for-profit ways to minimize the burden of the ADDRESSES: Submit written comments institutions. collection of information on on the collection of information through Estimated Total Annual Burden: respondents, including through the use http://www.Regulations.gov; or to VA’s a. Homeless Providers Grant and Per of automated collection techniques or OMB Desk Officer, OMB Human Diem Program, Capital Grant the use of other forms of information Resources and Housing Branch, New Application, VA Form 10–0361–CG— technology. Executive Office Building, Room 10235, Washington, DC 20503, (202) 395–7316. 3,500 hours. Title: Millennium Bill Emergency b. Homeless Providers Grant and Per Please refer to ‘‘OMB Control No. 2900– Care Provider Satisfaction Survey, VA Diem Program, Life Safety Code 0554’’ in any correspondence. Form 10–0473. Application, VA Form 10–0361–LSC— OMB Control Number: 2900–New FOR FURTHER INFORMATION CONTACT: 2,000 hours. (10–0473). Denise McLamb, Enterprise Records c. Homeless Providers Grant and Per Type of Review: New collection. Service (005R1B), Department of Diem Program, Per Diem Only Abstract: VA Form 10–0473 will be Veterans Affairs, 810 Vermont Avenue, Application, VA Form 10–0361–PDO— used to survey non-VA healthcare NW., Washington, DC 20420, (202) 461– 3,000 hours. providers who participate in the 7485, fax (202) 273–0443 or e-mail d. Homeless Providers Grant and Per Millennium Bill Fee Reimbursement/ [email protected]. Please Diem Program, Special Needs Purchased Care program on their refer to ‘‘OMB Control No. 2900–0554.’’ Application, VA Form 10–0361–SN— satisfaction with VHA’s claims SUPPLEMENTARY INFORMATION: 4,000 hours. processing services. VA will use the Titles: a. Homeless Providers Grant e. Compliance Reports for Per Diem data collected to improve the claims and Per Diem Program, Capital Grant and Special Needs Grants—1,500 hours. processing program. Application, VA Form 10–0361–CG. f. Homeless Providers Grant and Per Affected Public: Individuals or b. Homeless Providers Grant and Per Diem Program, Technical Assistance households. Diem Program, Life Safety Code Application, VA Form 10–0361–TA— Estimated Annual Burden: 9 hours. Application, VA Form 10–0361–LSC. 250 hours.

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g. Compliance Reports for Technical Application, VA Form 10–0361–SN— of the rating schedule and give advice Assistance Grants—90 hours. 200. on the most appropriate means of Estimated Average Burden per e. Compliance Reports for Per Diem responding to the needs of veterans Respondent: and Special Needs Grants—300. relating to disability compensation. f. Homeless Providers Grant and Per a. Homeless Providers Grant and Per On September 21 and the morning of Diem Program, Technical Assistance Diem Program, Capital Grant September 22, the Committee will Application, VA Form 10–0361–TA— Application, VA Form 10–0361–CG—35 receive briefings about studies on 25. hours. compensation for Veterans with service- b. Homeless Providers Grant and Per g. Compliance Reports for Technical Assistance Grants—40. connected disabilities and other Veteran Diem Program, Life Safety Code benefits programs. On the afternoon of Application, VA Form 10–0361–LSC— Dated: September 2, 2009. September 22, the Committee will break 10 hours. By direction of the Secretary. into subcommittees to prepare c. Homeless Providers Grant and Per Denise McLamb, recommendations. Time will also be Diem Program, Per Diem Only Program Analyst, Enterprise Records Service. allocated during the afternoon of Application, VA Form 10–0361–PDO— [FR Doc. E9–21577 Filed 9–8–09; 8:45 am] September 22 for receiving public 20 hours. comments. Public comments will be d. Homeless Providers Grant and Per BILLING CODE 8320–01–P limited to three minutes each. Diem Program, Special Needs Individuals wishing to make oral Application, VA Form 10–0361–SN—20 DEPARTMENT OF VETERANS statements before the Committee will be hours. AFFAIRS accommodated on a first-come, first- e. Compliance Reports for Per Diem served basis. Individuals who speak are and Special Needs Grants—5 hours. Advisory Committee on Disability invited to submit 1–2 page summaries of f. Homeless Providers Grant and Per Compensation; Notice of Meeting their comments at the time of the Diem Program, Technical Assistance meeting for inclusion in the official Application, VA Form 10–0361–TA—10 The Department of Veterans Affairs meeting record. hours. (VA) gives notice under Public Law 92– g. Compliance Reports for Technical 463 (Federal Advisory Committee Act) The public may submit written Assistance Grants—2.25 hours. that the Advisory Committee on statements for the Committee’s review Frequency of Response: On occasion. Disability Compensation will meet on to Ms. Ersie Farber, Designated Federal Estimated Number of Respondents: September 21–22, 2009, in the Carlton Officer, Department of Veterans Affairs, a. Homeless Providers Grant and Per Ballroom at the St. Regis, 923 16th and Veterans Benefits Administration Diem Program, Capital Grant K Streets, NW., Washington, DC, from (211A), 810 Vermont Avenue, NW., Application, VA Form 10–0361–CG— 8:30 a.m. to 5 p.m. each day. The Washington, DC 20420. Any member of 100. meeting is open to the public. the public wishing to attend the meeting b. Homeless Providers Grant and Per The purpose of the Committee is to or seeking additional information Diem Program, Life Safety Code advise the Secretary of Veterans Affairs should contact Ms. Farber at (202) 461– Application, VA Form 10–0361–LSC— on the maintenance and periodic 9728 or [email protected]. 200. readjustment of the VA Schedule for Dated: September 2, 2009. c. Homeless Providers Grant and Per Rating Disabilities. The Committee is to By Direction of the Secretary. Diem Program, Per Diem Only assemble and review relevant Application, VA Form 10–0361–PDO— information relating to the nature and Vivian Drake, 150. character of disabilities arising from Acting, Committee Management Officer. d. Homeless Providers Grant and Per service in the Armed Forces, provide an [FR Doc. E9–21705 Filed 9–8–09; 8:45 am] Diem Program, Special Needs ongoing assessment of the effectiveness BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 74, No. 173 Wednesday, September 9, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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. 39 ...... 45135, 45139, 45381, Presidential Documents 3 CFR 45781, 45783, 45787, 46395 Executive orders and proclamations 741–6000 Proclamations: 71 ...... 45142, 45574, 45575 The United States Government Manual 741–6000 8404...... 45527 8405...... 45529 15 CFR Other Services 8406...... 45535 736...... 45985 Electronic and on-line services (voice) 741–6020 8407...... 45727 740...... 45985 Privacy Act Compilation 741–6064 8408...... 45729 744...... 45990 Public Laws Update Service (numbers, dates, etc.) 741–6043 8409...... 45977 746...... 45985 TTY for the deaf-and-hard-of-hearing 741–6086 8410...... 46301 902...... 45756 Administrative Orders: 909...... 45555 Memorandums: ELECTRONIC RESEARCH Proposed Rules: Memorandum of 806...... 45383 World Wide Web August 31, 2009...... 45533 Full text of the daily Federal Register, CFR and other publications 16 CFR 7 CFR is located at: http://www.gpoaccess.gov/nara/index.html 1119...... 45101 210...... 45305 Federal Register information and research tools, including Public Proposed Rules: 220...... 45305 Inspection List, indexes, and links to GPO Access are located at: 1119...... 45133 402...... 45537 http://www.archives.gov/federallregister 1215...... 45719 407...... 45537 1216...... 45704 E-mail 457...... 45537 1500...... 45714, 45723 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 905...... 46303 an open e-mail service that provides subscribers with a digital 920...... 46306 18 CFR form of the Federal Register Table of Contents. The digital form 945...... 45731 Proposed Rules: of the Federal Register Table of Contents includes HTML and 980...... 45734 284...... 45576 PDF links to the full text of each document. 993...... 46310 3430...... 45736 20 CFR To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: 655...... 45560 Online mailing list archives, FEDREGTOC-L, Join or leave the list 457...... 46023 (or change settings); then follow the instructions. Proposed Rules: 970...... 45565 655...... 45906 PENS (Public Law Electronic Notification Service) is an e-mail 983...... 45772 service that notifies subscribers of recently enacted laws. 1485...... 46027 21 CFR Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 10 CFR and select Join or leave the list (or change settings); then follow 1301...... 46396 the instructions. 55...... 45544 76...... 45544 22 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 431...... 45979 Proposed Rules: respond to specific inquiries. 62...... 45385 Reference questions. Send questions and comments about the 12 CFR Federal Register system to: [email protected] 370...... 45093 24 CFR 206...... 45311 The Federal Register staff cannot interpret specific documents or 13 CFR regulations. 120...... 45752 26 CFR Reminders. Effective January 1, 2009, the Reminders, including 121...... 45752, 46312 1 ...... 45757, 45993, 46345, Rules Going Into Effect and Comments Due Next Week, no longer 124...... 45752 46346 appear in the Reader Aids section of the Federal Register. This 126...... 45752 54...... 45994 information can be found online at http://www.regulations.gov. 134...... 45752 301...... 46347 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 602...... 45757 14 CFR longer appears in the Federal Register. This information can be Proposed Rules: found online at http://bookstore.gpo.gov/. 1...... 45307 1...... 45789 23...... 45100 25...... 45546 29 CFR FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 33...... 45307 1910...... 46350 45093–45304...... 1 39 ...... 45311, 45550, 45754, 1915...... 46350 45305–45534...... 2 45979, 46313, 46317, 46319, 1917...... 46350 46322, 46324, 46327, 46329, 45535–45730...... 3 1918...... 46350 46331, 46334, 46336, 46339, 1956...... 45107 45731–45976...... 4 46342 Proposed Rules: 45977–46300...... 8 71 ...... 45553, 45554, 45981, 501...... 45906 46301–46488...... 9 45982, 45983, 45984 2560...... 45791 Proposed Rules: 23...... 45133 30 CFR 25...... 45777 944...... 45116

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31 CFR 111...... 45325, 45763 44 CFR 49 CFR 515...... 46000 3020...... 45327, 46016 64...... 45122 222...... 46384 538...... 46361 Proposed Rules: Proposed Rules: 234...... 45336 3060...... 46044 67 ...... 46047, 46056, 46068, 33 CFR 501...... 46021 46074 Proposed Rules: 100...... 46364 367...... 45583 110...... 46007 40 CFR 47 CFR 571...... 45143 117...... 46010 35...... 46019 73 ...... 45126, 45770, 46020 138...... 46367 52...... 45561, 45766 74...... 45126, 46382 151...... 45555 180 ...... 45330, 46369, 46377 Proposed Rules: 50 CFR 165 ...... 45120, 45318, 45323, 239...... 45769 73...... 45797, 45798 20...... 45343 46011, 46014, 46367 258...... 45769 48 CFR 32...... 45674 Proposed Rules: 300...... 45335 226...... 45353 165...... 46040 Proposed Rules: Proposed Rules: 648...... 45131 8...... 45394 34 CFR 52 ...... 45387, 45578, 45795, 9...... 45579 665...... 45756 Proposed Rules: 46044 12...... 45394, 45579 679 ...... 45131, 45378, 45379, Ch. VI...... 46399 60...... 46401 15...... 45394 45564, 46021 81...... 45387 42...... 45394 Proposed Rules: 39 CFR 239...... 45796 49...... 45394 17...... 45396, 46401 20...... 45760 258...... 45796 52...... 45579 648...... 45597, 45798

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H.R. 987/P.L. 111–51 located at 123 11th Avenue professionalism of the To designate the facility of the South in Nampa, Idaho, as Noncommissioned Officers of LIST OF PUBLIC LAWS United States Postal Service the ‘‘Herbert A Littleton Postal the United States Army. (Aug. located at 601 8th Street in Station’’. (Aug. 19, 2009; 123 19, 2009; 123 Stat. 1996) Freedom, Pennsylvania, as Stat. 1991) This is a continuing list of S.J. Res. 19/P.L. 111–62 public bills from the current the ‘‘John Scott Challis, Jr. H.R. 2325/P.L. 111–57 session of Congress which Post Office’’. (Aug. 19, 2009; To designate the facility of the Granting the consent and have become Federal laws. It 123 Stat. 1980) United States Postal Service approval of Congress to may be used in conjunction H.R. 1271/P.L. 111–52 located at 1300 Matamoros amendments made by the with ‘‘P L U S’’ (Public Laws To designate the facility of the Street in Laredo, Texas, as State of Maryland, the Update Service) on 202–741– United States Postal Service the ‘‘Laredo Veterans Post Commonwealth of Virginia, 6043. This list is also located at 2351 West Atlantic Office’’. (Aug. 19, 2009; 123 and the District of Columbia to available online at http:// Boulevard in Pompano Beach, Stat. 1992) the Washington Metropolitan www.archives.gov/federal- Florida, as the ‘‘Elijah Pat H.R. 2422/P.L. 111–58 Area Transit Regulation register/laws.html. Larkins Post Office Building’’. To designate the facility of the Compact. (Aug. 19, 2009; 123 (Aug. 19, 2009; 123 Stat. United States Postal Service Stat. 1998) The text of laws is not 1981) located at 2300 Scenic Drive published in the Federal H.R. 1275/P.L. 111–53 in Georgetown, Texas, as the Last List August 14, 2009 Register but may be ordered Utah Recreational Land ‘‘Kile G. West Post Office in ‘‘slip law’’ (individual Exchange Act of 2009 (Aug. Building’’. (Aug. 19, 2009; 123 pamphlet) form from the 19, 2009; 123 Stat. 1982) Stat. 1993) Superintendent of Documents, H.R. 1397/P.L. 111–54 H.R. 2470/P.L. 111–59 Public Laws Electronic U.S. Government Printing To designate the facility of the To designate the facility of the Notification Service Office, Washington, DC 20402 United States Postal Service United States Postal Service (PENS) (phone, 202–512–1808). The located at 41 Purdy Avenue in located at 19190 Cochran text will also be made Rye, New York, as the Boulevard FRNT in Port available on the Internet from ‘‘Caroline O’Day Post Office Charlotte, Florida, as the PENS is a free electronic mail GPO Access at http:// Building’’. (Aug. 19, 2009; 123 ‘‘Lieutenant Commander Roy notification service of newly www.gpoaccess.gov/plaws/ Stat. 1989) H. Boehm Post Office enacted public laws. To index.html. Some laws may H.R. 2090/P.L. 111–55 Building’’. (Aug. 19, 2009; 123 subscribe, go to http:// not yet be available. To designate the facility of the Stat. 1994) listserv.gsa.gov/archives/ United States Postal Service H.R. 2938/P.L. 111–60 publaws-l.html H.R. 774/P.L. 111–50 located at 431 State Street in To extend the deadline for To designate the facility of the Ogdensburg, New York, as commencement of construction Note: This service is strictly United States Postal Service the ‘‘Frederic Remington Post of a hydroelectric project. for E-mail notification of new located at 46-02 21st Street in Office Building’’. (Aug. 19, (Aug. 19, 2009; 123 Stat. laws. The text of laws is not Long Island City, New York, 2009; 123 Stat. 1990) 1995) available through this service. as the ‘‘Geraldine Ferraro H.R. 2162/P.L. 111–56 H.J. Res. 44/P.L. 111–61 PENS cannot respond to Post Office Building’’. (Aug. To designate the facility of the Recognizing the service, specific inquiries sent to this 19, 2009; 123 Stat. 1979) United States Postal Service sacrifice, honor, and address.

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