10–12–10 Tuesday Vol. 75 No. 196 Oct. 12, 2010

Pages 62449–62674

VerDate Mar 15 2010 18:46 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\12OCWS.LOC 12OCWS hsrobinson on DSK69SOYB1PROD with PROPOSALS6 II Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents FEDERAL REGISTER WORKSHOP currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT authenticates the Federal Register as the official serial publication FOR: Any person who uses the Federal Register and Code of established under the Federal Register Act. Under 44 U.S.C. 1507, Federal Regulations. the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. WHO: Sponsored by the Office of the Federal Register. It is also available online at no charge as one of the databases WHAT: Free public briefings (approximately 3 hours) to present: on GPO Access, a service of the U.S. Government Printing Office. 1. The regulatory process, with a focus on the Federal The online edition of the Federal Register, www.gpoaccess.gov/ Register system and the public’s role in the develop- nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the ment of regulations. official legal equivalent of the paper and microfiche editions (44 2. The relationship between the Federal Register and U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Code of Federal Regulations. the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. 3. The important elements of typical Federal Register doc- uments. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 4. An introduction to the finding aids of the FR/CFR sys- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. tem. The Support Team is available between 7:00 a.m. and 9:00 p.m. WHY: To provide the public with access to information nec- Eastern Time, Monday–Friday, except official holidays. essary to research Federal agency regulations which di- The annual subscription price for the Federal Register paper rectly affect them. There will be no discussion of spe- edition is $749 plus postage, or $808, plus postage, for a combined cific agency regulations. Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal llllllllllllllllll Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half WHEN: Tuesday, November 9, 2010 the annual rate. The prevailing postal rates will be applied to 9 a.m.–12:30 p.m. orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, WHERE: Office of the Federal Register is based on the number of pages: $11 for an issue containing Conference Room, Suite 700 less than 200 pages; $22 for an issue containing 200 to 400 pages; 800 North Capitol Street, NW. and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, Washington, DC 20002 including postage. Remit check or money order, made payable RESERVATIONS: (202) 741–6008 to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 75 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Mar 15 2010 18:46 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\12OCWS.LOC 12OCWS hsrobinson on DSK69SOYB1PROD with PROPOSALS6 III

Contents Federal Register Vol. 75, No. 196

Tuesday, October 12, 2010

Agency for Healthcare Research and Quality See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings: Subcommittee of the National Advisory Council for Copyright Office, Library of Congress Healthcare Research and Quality, 62550–62551 PROPOSED RULES Refunds under Cable Statutory License: Agency for International Development Correction, 62488 NOTICES Updated Membership List of Senior Executive Service Defense Department Performance Review Board, 62501–62502 NOTICES Agency Information Collection Activities; Proposals, Agency for Toxic Substances and Disease Registry Submissions, and Approvals: NOTICES Federal Acquisition Regulations; Prospective Statement of Organzation, Functions, and Delegations of Subcontractor Requests for Bonds, 62540–62541 Authority, 62559–62560 Meetings: Department of Defense Wage Committee, 62509 Agriculture Department Senior Executive Service Performance Review Board, See Animal and Plant Health Inspection Service 62509–62510 See Forest Service NOTICES Drug Enforcement Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 62498–62499 Registrations as Manufacturer of Controlled Substances: Chemica, Inc., Los Angeles, CA, 62570 Animal and Plant Health Inspection Service Siegfried (USA), Pennsville, NJ, 62570 RULES Importation of Fresh Unshu Oranges from Republic of Employment and Training Administration Korea into Continental United States, 62455–62457 PROPOSED RULES NOTICES Importation of Shepherds Purse with Roots from Republic 2011 Fiscal Year Labor Surplus Area Classification under of Korea into United States, 62484–62486 Executive Orders 12073 and 10582, 62571–62591 NOTICES Pest Risk Analysis for the Importation of Fresh Strawberry Energy Department from Jordan, 62500–62501 See Federal Energy Regulatory Commission NOTICES Antitrust Division Applications for Blanket Authorization to Export Liquefied NOTICES Natural Gas: National Cooperative Research and Production Act: Chevron U.S.A. Inc., 62510–62512 Connected Media Experience, Inc., 62569–62570 Applications for Long-Term Authorization to Export DVD Copy Control Association, 62569 Liquefied Natural Gas: Marine Well Containment Venture, 62570 Sabine Pass Liquefaction, LLC, 62512–62514 Southwest Research Institute, Cooperative Research Report on Data Access and Privacy Issues Related to Smart Group on High Efficiency Dilute Gasoline Engine II, Grid Technologies, 62514–62515 62569 Report on the Communications Requirements of Smart Grid Technologies, 62515 Centers for Disease Control and Prevention NOTICES Environmental Protection Agency Statement of Organization, Functions, and Delegations of RULES Authority, 62553–62559 Approvals and Promulgations of Implementation Plans and Designations of Areas for Air Quality Planning Coast Guard Purposes: RULES Tennessee; Knoxville; Determination of Attaining Data for Drawbridge Operation Regulations: 1997 8-Hour Ozone Standards, 62470–62472 Charles River, Boston, MA, Maintenance, 62469 NOTICES Newtown Creek, Dutch Kills, English Kills, and Their Request for Nominations: Tributaries, NY, Maintenance, 62469–62470 National Advisory Committee for the Development of Saugatuck River, Saugatuck, CT, 62468–62469 Acute Exposure Guideline Levels for Hazardous NOTICES Substances, 62534–62535 Exemption and Equivalent Arrangements under the International Convention on Load Lines, 62560–62562 Executive Office of the President See Presidential Documents Commerce Department See Science and Technology Policy Office See Industry and Security Bureau See Trade Representative, Office of United States

VerDate Mar<15>2010 18:47 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 IV Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Contents

Farm Credit Administration Requests Under Blanket Authorizations: NOTICES ANR Pipeline Co., 62533 Meetings; Sunshine Act, 62535 Destin Pipeline Co., L.L.C., 62533–62534 Technical Conferences: Federal Aviation Administration Reliability Monitoring, Enforcement and Compliance RULES Issues, 62534 Establishment of Class E Airspaces: Port Clarence, AK, 62457–62458 Federal Highway Administration Revision of Class E Airspaces: NOTICES Tanana, AK, 62458–62459 Environmental Impact Statements; Availability, etc.: Unalakleet, AK, 62459–62460 Davis County, UT, 62627–62628 Revocations and Establishments of Class E Airspaces: Northeast Alaska, 62460–62461 Federal Railroad Administration St. George, UT, 62461–62462 NOTICES PROPOSED RULES Petitions for Waivers of Compliance: Air Ambulance and Commercial Helicopter Operations, South Carolina Railroad Museum, Inc., 62628 Part 91 Helicopter Operations, and Part 135 Aircraft Operations: Federal Trade Commission Safety Initiatives and Miscellaneous Amendments, NOTICES 62640–62674 Agency Information Collection Activities; Proposals, Flightcrew Member Duty and Rest Requirements, 62486– Submissions, and Approvals, 62538–62540 62487 NOTICES Fish and Wildlife Service Environmental Impact Statements; Availability, etc.: NOTICES Tucson International Airport, Tucson, Pima County, AZ; Endangered and Threatened Wildlife and Plants: Cancellation, 62627 Draft Recovery Plan for the Southwest Alaska Distinct Population Segment of the Northern Sea Otter, Federal Bureau of Investigation 62562–62564 NOTICES Meetings: Food and Drug Administration National Crime and Prevention and Privacy Compact, RULES 62568–62569 Implantation and Injectable Dosage Form New Animal Drugs: Federal Communications Commission Ceftiofur Crystalline Free Acid; Technical Amendment, RULES 62468 Ultra-Wideband Transmission Systems, 62476–62481 NOTICES NOTICES Filings of Food Additive Petitions (Animal Use): Agency Information Collection Activities; Proposals, Ferm Solutions, Inc.; Virginiamycin, 62545–62546 Submissions, and Approvals, 62535–62538 Forest Service Federal Election Commission NOTICES NOTICES Meetings: Meetings; Sunshine Act, 62538 Chequamegon Resource Advisory Committee, 62499 Land Between The Lakes Advisory Board, 62500 Federal Energy Regulatory Commission Secure Rural Schools Resource Advisory Committe, NOTICES 62500 Applications: Shoshone Resource Advisory Committee, 62500 California Water Service Co., 62517–62518 El Paso Natural Gas Co., 62515–62516 General Services Administration Northern Illinois Hydropower, LLC, 62516–62519 NOTICES Baseline Filings: Agency Information Collection Activities; Proposals, Northern Illinois Gas Co. et al., 62519–62520 Submissions, and Approvals: Rocky Mountain Natural Gas LLC, et al., 62519 Federal Acquisition Regulations; Prospective Combined Filings, 62520–62530 Subcontractor Requests for Bonds, 62540–62541 Effectiveness of Exempt Wholesale Generator Status: Eagle Creek Hydro Power, LLC; Laredo Ridge Wind, LLC; Government Ethics Office RRI Energy West, Inc. et al., 62530 NOTICES Filings: Updated Senior Executive Service Performance Review Barry Lawson Williams, 62530–62531 Board, 62540 Southeastern Power Administration, 62530 Western Area Power Administration, 62531 Health and Human Services Department Meetings: See Agency for Healthcare Research and Quality Environmental Site Review, Georgia Power Co., 62531 See Agency for Toxic Substances and Disease Registry Proposed Restricted Service List for Programmatic See Centers for Disease Control and Prevention Agreements Managing Properties, etc.: See Food and Drug Administration Alabama Power Co.; Martin Dam Hydroelectric Project, See National Institutes of Health 62531–62532 NOTICES Records Governing Off-the-Record Communications, 62532– Agency Information Collection Activities; Proposals, 62533 Submissions, and Approvals, 62541–62543

VerDate Mar<15>2010 18:47 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Contents V

Agency Information Collection Activities; Proposals, Receipts of Complaints; Solicitations of Comments Relating Submissions, and Approvals: to Public Interest, 62565–62566 National Evaluation of the Clinical and Translational Schedulings of Full Five-Year Reviews Concerning Science Awards Initiative, 62543–62544 Countervailing Duty Orders: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products Homeland Security Department from Brazil, Japan, and Russia, 62566–62567 See Coast Guard See U.S. Immigration and Customs Enforcement Justice Department See Antitrust Division Industry and Security Bureau See Drug Enforcement Administration RULES See Federal Bureau of Investigation Additions to the List of Validated End-Users in the People’s NOTICES Republic of China: Lodging of Consent Decrees Under the Clean Air Act, 62567 Hynix Semiconductor China Ltd., Hynix Semiconductor Lodging of Settlement Agreements, 62567–62568 (Wuxi) Ltd., and Lam Research Corp., 62462–62466 Proposed Partial Consent Decrees Under CERCLA and the NOTICES Clean Air Act, 62568 Meetings: Emerging Technology and Research Advisory Committee, Labor Department 62508–62509 See Employment and Training Administration Sensors and Instrumentation Technical Advisory NOTICES Committee, 62508 Agency Information Collection Activities; Proposals, Technical Advisory Committees: Submissions, and Approvals: Recruitment of Private Sector Members, 62509 American Recovery and Reinvestment Act High Growth and Emerging Industries Grants, 62571 Interior Department See Fish and Wildlife Service Library of Congress See Copyright Office, Library of Congress Internal Revenue Service NOTICES Maritime Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 62628–62629 Determinations of Availability of Coastwise-Qualified Meetings: Vessels for Transportation of Platform Jackets, 62472– Area 1 Taxpayer Advocacy Panel, 62632 62476 Area 2 Taxpayer Advocacy Panel, 62633 Area 3 Taxpayer Advocacy Panel, 62631 Merit Systems Protection Board Area 4 Taxpayer Advocacy Panel, 62630 NOTICES Area 5 Taxpayer Advocacy Panel, 62629 Oral Argument, 62591 Area 6 Taxpayer Advocacy Panel, 62631 Area 7 Taxpayer Advocacy Panel, 62630 National Aeronautics and Space Administration Taxpayer Advocacy Panel Earned Income Tax Credit NOTICES Project Committee, 62632 Agency Information Collection Activities; Proposals, Taxpayer Advocacy Panel Joint Committee, 62631–62632 Submissions, and Approvals: Taxpayer Advocacy Panel Notice Improvement Project Federal Acquisition Regulations; Prospective Committee, 62629–62630 Subcontractor Requests for Bonds, 62540–62541 Taxpayer Advocacy Panel Small Business/Self Employed Membership of Performance Review Board, Senior Project Committee, 62630–62631 Executive Service, 62591 Taxpayer Advocacy Panel Tax Forms and Publications/ MLI Project Committee, 62630 National Highway Traffic Safety Administration Taxpayer Advocacy Panel Taxpayer Assistance Center RULES Committee, 62632 List of Nonconforming Vehicles Decided to be Eligible for Taxpayer Advocacy Panel Volunteer Income Tax Importation: Assistance Issue Committee, 62631 Correction, 62482 NOTICES International Trade Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 62625–62627 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institutes of Health Information for Self-Certification under FAQ 6 of United NOTICES States – European Union Safe Harbor Privacy Agency Information Collection Activities; Proposals, Framework, 62502–62503 Submissions, and Approvals: Decision of Court of International Trade Not in Harmony: Atherosclerosis Risk in Communities Study, 62544–62545 Certain New Pneumatic Off-the-Road Tires from People’s Meetings: Republic of China, 62504–62506 Center for Scientific Review, 62551–62552 Eunice Kennedy Shriver National Institute of Child International Trade Commission Health and Human Development, 62547–62549 NOTICES National Cancer Institute, 62547–62548, 62552–62553 Investigations: National Human Genome Research Institute, 62548 Certain Toner Cartridges and Components Thereof, National Institute of Allergy and Infectious Diseases, 62564–62565 62546–62547, 62553

VerDate Mar<15>2010 18:47 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 VI Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Contents

National Institute of Dental and Craniofacial Research, Securities and Exchange Commission 62546, 62553 RULES National Institute of General Medical Sciences, 62548 Delegation of Authority to the Director of the Division of National Institute of Mental Health, 62547 Trading and Markets, 62466–62467 National Institute on Alcohol Abuse and Alcoholism, NOTICES 62553 Agency Information Collection Activities; Proposals, National Institute on Deafness and Other Communication Submissions, and Approvals, 62612–62613 Disorders, 62546 Meetings; Sunshine Act, 62613–62614 National Library of Medicine, 62549–62550 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 62614–62615 National Oceanic and Atmospheric Administration NASDAQ OMX PHLX, Inc., 62621–62623 RULES NYSE Arca, Inc., 62615–62621 Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 620 in the Gulf of Alaska; Small Business Administration Closure, 62482–62483 NOTICES PROPOSED RULES Disaster Declarations: Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Illinois; Amendment 1, 62611 Snapper–Grouper Fishery off Southern Atlantic States; Meetings: Amendment 17B, 62488–62497 Interagency Task Force on Veterans Small Business NOTICES Development, 62611–62612 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Social Security Administration Fishing Dependence of Alaska Communities; Correction, PROPOSED RULES 62503 Compassionate Allowances for Cardiovascular Disease and Pacific Tuna Fisheries Logbook, 62503–62504 Multiple Organ Transplants, 62487–62488 Fisheries of the Gulf of Mexico and South Atlantic; NOTICES Southeast Data, Assessment, and Review: Privacy Act; Computer Matching Program, 62623–62624 Webinars for Highly Migratory Species Fisheries Sandbar, Dusky, and Blacknose Sharks; Correction, 62506– State Department 62507 NOTICES Meetings: Waiver Relating to Assistance for The Government of New England Fishery Management Council, 62507–62508 Afghanistan, 62624

National Science Foundation Toxic Substances and Disease Registry Agency NOTICES See Agency for Toxic Substances and Disease Registry Meetings: Committee on Equal Opportunities in Science and Trade Representative, Office of United States Engineering, 62591–62592 NOTICES WTO Dispute Settlement Proceedings Regarding United Nuclear Regulatory Commission States: NOTICES Final Antidumping Measures on Stainless Steel from Applications and Amendments to Facility Operating Mexico, 62624–62625 Licenses Involving Proposed No Significant Hazards Considerations, etc., 62592–62610 Transportation Department Meetings: See Federal Aviation Administration Advisory Committee on Reactor Safeguards See Federal Highway Administration Subcommittee on Plant Operations and Fire See Federal Railroad Administration Protection, 62610–62611 See Maritime Administration Office of United States Trade Representative See National Highway Traffic Safety Administration See Trade Representative, Office of United States Treasury Department Postal Service See Internal Revenue Service NOTICES Meetings; Sunshine Act, 62611 U.S. Immigration and Customs Enforcement NOTICES Presidential Documents Agency Information Collection Activities; Proposals, PROCLAMATIONS Submissions, and Approvals: Special Observances: Application for Stay of Deportation or Removal, 62560 Child Health Day (Proc. 8578), 62449–62450 German American Day (Proc. 8580), 62453 Veterans Affairs Department National Physician Assistants Week (Proc. 8579), 62451– NOTICES 62452 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Science and Technology Policy Office Application for Approval of Licensing or Certification NOTICES and Organization or Entity, 62633 Meetings: Nonsupervised Lender’s Nomination and President’s Council of Advisors on Science and Recommendation of Credit Underwriter, 62633– Technology; Partially Closed, 62612 62634

VerDate Mar<15>2010 18:47 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Contents VII

Obligation to Report Factors Affecting Entitlement, 62634 Patient Satisfaction Survey Michael E. DeBakey Home Care Program, 62635 Statement of Disappearance, 62634–62635 Reader Aids Status of Dependents Questionnaire, 62636–62637 Consult the Reader Aids section at the end of this page for Veterans Health Benefits Handbook Satisfaction Survey, phone numbers, online resources, finding aids, reminders, 62636 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Separate Parts In This Issue LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Part II archives, FEDREGTOC-L, Join or leave the list (or change Transportation Department, Federal Aviation settings); then follow the instructions. Administration, 62640–62674

VerDate Mar<15>2010 18:47 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN hsrobinson on DSK69SOYB1PROD with PROPOSALS5 VIII Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Contents

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: 8578...... 62449 8579...... 62451 8580...... 62453 7 CFR 319...... 62455 Proposed Rules: 319...... 62484 14 CFR 71 (5 documents) ...... 62457, 62458, 62459, 62460, 62461 Proposed Rules: 1...... 62640 91...... 62640 117...... 62486 120...... 62640 121...... 62486 135...... 62640 15 CFR 748...... 62462 17 CFR 200...... 62466 20 CFR Proposed Rules: 404...... 62487 405...... 62487 416...... 62487 21 CFR 522...... 62468 33 CFR 117 (3 documents) ...... 62468, 62469 37 CFR Proposed Rules: 201...... 62488 40 CFR 52...... 62470 46 CFR 389...... 62472 47 CFR 15...... 62476 49 CFR 593...... 62482 50 CFR 679...... 62482 Proposed Rules: 622...... 62488

VerDate Mar 15 2010 18:48 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\12OCLS.LOC 12OCLS hsrobinson on DSK69SOYB1PROD with PROPOSALS4 62449

Federal Register Presidential Documents Vol. 75, No. 196

Tuesday, October 12, 2010

Title 3— Proclamation 8578 of October 4, 2010

The President Child Health Day, 2010

By the President of the United States of America

A Proclamation The health and well-being of a child is one of our most challenging, yet important, responsibilities, and we have an obligation to ensure that all our children can live, learn, and play in safe and healthy environments. On Child Health Day, we reaffirm the critical importance of the quality health care, nutritious foods, clean air and water, and safe communities our kids need to grow into strong and active adults. Parents and other caregivers set an example of healthy living and lay the foundation for our children’s success. Whether providing nourishing meals, attending regular check-ups, or encouraging outside activity, they teach the habits and values for mental and physical well-being that last a lifetime. However, the charge to protect the health of our young people extends beyond the home to our classrooms, playgrounds, and hospitals around the country. Today, our children face a new public health crisis we must address as a Nation, and we all have a role to play. In the last three decades, childhood obesity rates have tripled, and this epidemic threatens many young Ameri- cans, leaving them at risk for severe and chronic health problems, including heart disease, diabetes, and cancer. My Administration is committed to solving the childhood obesity epidemic within a generation, and earlier this year I created a Task Force on Childhood Obesity to examine interagency solutions and develop clear, concrete steps on how to address this national health crisis. Along with the Task Force, First Lady Michelle Obama’s ‘‘Let’s Move!’’ initiative empowers parents and caregivers to help their kids maintain a healthy weight and make healthy choices for their families. ‘‘Let’s Move!’’ also encourages young people to choose wholesome foods, increase their physical activity, and develop life-long healthy habits. Child care providers and schools also have an important part in strengthening health and physical education programs and providing nutritious foods in cafeterias and vending areas. In America, no parent should have to agonize over finding or affording health care for their child. To address this, the Affordable Care Act guarantees that children are eligible for health coverage regardless of any pre-existing condition. This landmark law extends the Children’s Health Insurance Pro- gram, and requires basic dental and vision coverage for children under all health plans offered in the new health insurance exchanges beginning in 2014. It also expands our health care workforce, including increasing the number of primary care providers who treat children; forbids insurance companies from dropping coverage if a child or family member gets sick; and helps ensure access to free preventive services. As we mark these successes and the beginning of a new chapter in American health care this year, we also celebrate the 75th anniversary of the Social Security Act—including title V of this milestone legislation, which supports maternal and child health programs and services across the country. Parents also should not have to worry about whether the conditions in which their children grow and play are unsafe or unclean. Prenatal and early-life exposures to allergens and environmental contaminants may

VerDate Mar<15>2010 16:10 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\12OCD0.SGM 12OCD0 mstockstill on DSKH9S0YB1PROD with PRESDOCD0 62450 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Presidential Documents

have detrimental lifelong effects. We must take action for our children’s and grandchildren’s sake, and we must work together to reduce risks from environmental exposure at home, school, and play areas. Through coordi- nated efforts like that of the President’s Task Force on Environmental Health Risks and Safety Risks to Children, my Administration will continue to empower Federal interagency collaboration to help ensure healthy homes and communities exist for our children. Children are our most precious resource. They are our joy in the present, and our hope for the future. As loved ones and educators, mentors and friends, we must do everything in our power to protect the health and well-being of our Nation’s children and the promise of their futures. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim Monday, October 4, 2010, as Child Health Day. I call upon families, child health professionals, faith-based and community organizations, and all levels of government to help ensure that America’s children stay safe and healthy. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of October, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.

[FR Doc. 2010–25682 Filed 10–8–10; 8:45 am] Billing code 3195–W1–P

VerDate Mar<15>2010 18:12 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\12OCD0.SGM 12OCD0 mstockstill on DSKH9S0YB1PROD with PRESDOCD0 OB#1.EPS Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Presidential Documents 62451 Presidential Documents

Proclamation 8579 of October 6, 2010

National Physician Assistants Week, 2010

By the President of the United States of America

A Proclamation In communities across our Nation, physician assistants serve tirelessly every- day to care for Americans and fulfill a critical function in our health care system. They provide important medical attention and treatment to patients and their loved ones, and can be the principal care provider in rural or inner-city clinics, and other settings with provider shortages. During National Physician Assistants Week, we honor these dedicated medical professionals and their essential role in providing diagnostic, therapeutic, and preventive health care services to millions of American men, women, and children. With compassion matched by professionalism, physician assistants work as part of a team to provide vital support to both patients in need and the doctors who balance the care of many individuals. Recognizing their essential function in our medical system, we allocated more than $30 million from the Prevention and Public Health Fund under the Affordable Care Act to expand the Physician Assistant Training Program, and to increase the number of physician assistants in primary care over the next 5 years. Primary care is the foundation of preventive health care, and we must support the training of hundreds of new physician assistants who can join the medical field and increase access to providers and services in underserved areas. Our Nation needs a strong primary care workforce and the continued dedication of physician assistants in our hospitals, clinics, and medical offices to address the crucial health issues of our time. Countless American families have relied on the skill, concern, and commit- ment of physician assistants, in both joyous times and heart-wrenching circumstances. As we recognize their countless contributions this week, we also pay tribute to the kind and meticulous care provided by all of America’s medical professionals. Our Nation is stronger because of these invaluable workers, and their efforts safeguard a healthy future for all Ameri- cans. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 6 through October 12, 2010, as National Physician Assistants Week. I call upon all Americans to observe this week with appropriate ceremonies, activities, and programs that honor and foster appreciation for our physician assistants and all medical professionals.

VerDate Mar<15>2010 00:31 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCD1.SGM 12OCD1 rfrederick on DSKD9S0YB1PROD with NOTICES 62452 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Presidential Documents

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

[FR Doc. 2010–25706 Filed 10–8–10; 8:45 am] Billing code 3195–W1–P

VerDate Mar<15>2010 00:31 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCD1.SGM 12OCD1 rfrederick on DSKD9S0YB1PROD with NOTICES OB#1.EPS Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Presidential Documents 62453 Presidential Documents

Proclamation 8580 of October 6, 2010

German-American Day, 2010

By the President of the United States of America

A Proclamation

The American story has been written by those who have come to our shores in search of freedom, opportunity, and the chance at a better life. The German men and women who braved numerous perils to cross the Atlantic long ago left a legacy of millions of Americans of German ancestry who have been an integral part of our national life. On German-American Day, we pay tribute to the role this community has played in shaping America and contributing to our progress and prosperity. On October 6, 1683, 13 courageous German families arrived in Pennsylvania to start a new life. They began a chapter in the American narrative that has influenced our country in all walks of life, and their resolve lives on in the men, women, and families of German descent who enhance civic engagement, steer our industries, and fortify our Nation’s character. With their dedication and determination, the United States has been a leader in ingenuity and entrepreneurship, and has delivered a message of hope and opportunity that resonates around the world. Today, German Americans innovate and excel as leaders in all sectors of our society. On this occasion, we honor not only the countless achievements and rich heritage of German Americans, but also the strong ties between Germany and the United States. Our two nations share unbreakable bonds as allies with solemn obligations to one another’s security; values that inspired those brave settlers four centuries ago; and a vision for a safer, freer, more peaceful, more prosperous world. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 6, 2010, as German-American Day. I encourage all Americans to learn more about the history of German Americans and reflect on the many contributions they have made to our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of October, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.

[FR Doc. 2010–25721 Filed 10–8–10; 8:45 am] Billing code 3195–W1–P

VerDate Mar<15>2010 00:31 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCD2.SGM 12OCD2 rfrederick on DSKD9S0YB1PROD with NOTICES OB#1.EPS 62455

Rules and Regulations Federal Register Vol. 75, No. 196

Tuesday, October 12, 2010

This section of the FEDERAL REGISTER DATES: Effective Date: November 12, in order to ensure the safe importation contains regulatory documents having general 2010. of Unshu oranges from South Korea.) applicability and legal effect, most of which These proposed changes were necessary are keyed to and codified in the Code of FOR FURTHER INFORMATION CONTACT: Ms. Meredith C. Jones, Regulatory to make the regulations concerning the Federal Regulations, which is published under importation of Unshu oranges from the 50 titles pursuant to 44 U.S.C. 1510. Coordination Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, Republic of Korea consistent with our The Code of Federal Regulations is sold by 4700 River Road Unit 156, Riverdale, domestic regulations concerning the the Superintendent of Documents. Prices of MD 20737; (301) 734–7467. interstate movement of citrus fruit from new books are listed in the first FEDERAL SUPPLEMENTARY INFORMATION: areas quarantined because of citrus REGISTER issue of each week. canker. Background We solicited comments concerning The regulations in 7 CFR 319.28 our proposal for 60 days ending August DEPARTMENT OF AGRICULTURE govern the importation of citrus fruit 9, 2010. We received two comments by into the United States. These regulations that date. They were from members of Animal and Plant Health Inspection the general public. Both commenters Service are intended to prevent the introduction of citrus canker, among other citrus supported the proposed rule. One of the commenters, however, did 7 CFR Part 319 diseases and pests, into the United States via the importation of citrus from ask if there had been testing conducted [Docket No. APHIS–2010–0022] affected foreign regions. Citrus canker is to determine whether the Unshu a disease that affects citrus and is oranges were affected by Elsinoe RIN 0579–AD14 caused by the infectious bacterium australis. Importation of Fresh Unshu Oranges Xanthomonas citri subsp. citri. While Elsinoe australis infects many From the Republic of Korea Into the On June 8, 2010, we published in the species of citrus, including sweet Continental United States Federal Register (75 FR 32310–32313, orange, mandarin orange, tangerine, Docket No. APHIS–2010–0022) a lemon, and lime, at this time, we have AGENCY: Animal and Plant Health proposal1 to amend the regulations no evidence that it attacks Unshu Inspection Service, USDA. concerning the importation of citrus oranges. Pending definitive evidence ACTION: Final rule. fruit to remove certain restrictions on that Unshu variety oranges are not the importation of Unshu oranges from affected by sweet orange scab, however, SUMMARY: We are amending the the Republic of Korea (South Korea) that we will continue to apply measures to regulations concerning the importation were no longer necessary. Specifically, mitigate the risk that Elsinoe australis of citrus fruit to remove certain we proposed to remove requirements for might follow the pathway of Unshu restrictions on the importation of Unshu the fruit to be grown in specified oranges from South Korea. oranges from the Republic of Korea that canker-free export areas and for joint The same commenter asked what are no longer necessary. Specifically, we inspection in the groves and regulations and sanitation guidelines are removing requirements for the fruit packinghouses by the Government of have been put in place to prevent the to be grown in specified canker-free the Republic of Korea and the Animal entry of Elsinoe australis into the export areas and for joint inspection in and Plant Health Inspection Service. We United States. the groves and packinghouses by the also proposed to clarify that surface As noted in the June 2010 proposed Government of the Republic of Korea sterilization of the fruit must be rule and the accompanying risk and the Animal and Plant Health conducted in accordance with 7 CFR management document, risk Inspection Service. We are also part 305 and to expand the area in the management measures that will be amending the regulations to clarify that continental United States where Unshu employed for Unshu oranges imported surface sterilization of the fruit must be oranges from the Republic of Korea into the United States from South Korea conducted in accordance with 7 CFR could be distributed. Finally, we under this rulemaking include surface part 305 and to expand the area in the proposed to require that each shipment sterilization of the oranges prior to continental United States where Unshu be accompanied by a phytosanitary packing, registration of packinghouses oranges from the Republic of Korea may certificate containing an additional with the national plant protection be distributed. Finally, we are requiring declaration stating that the fruit was organization of South Korea, and the that each shipment be accompanied by given the required surface sterilization requirement that each shipment be a phytosanitary certificate containing an and inspected and found free of Elsinoe accompanied by a phytosanitary additional declaration stating that the australis, the fungus that is the causal certificate stating that the fruit was fruit was given the required surface agent of sweet orange scab. (In addition given the required surface sterilization sterilization and inspected and found to citrus canker, sweet orange scab was and was inspected and found free of free of Elsinoe australis. These changes identified by the pest risk analysis that Elsinoe australis. We consider visual will make the regulations concerning provided the basis for the June 2010 inspection by the national plant the importation of Unshu oranges from proposed rule as a quarantine pest protection organization of South Korea the Republic of Korea consistent with requiring specific mitigation measures of Unshu oranges for symptoms of sweet our domestic regulations concerning the orange scab prior to export to be an 1 To view the proposed rule and the comments interstate movement of citrus fruit from we received, go to http://www.regulations.gov/ effective mitigation measure against the areas quarantined because of citrus fdmspublic/component/ spread of that disease to the U.S. citrus canker. main?main=DocketDetail&d=APHIS-2010-0022. crop because the symptoms can be

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62456 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

detected if present, and if the symptoms Even if all Unshu orange imports from ■ 2. Section 319.28 is amended by are not present, the Unshu oranges are South Korea were to directly replace a revising paragraphs (b) and (c) to read unlikely to be a pathway for sweet portion of U.S.-grown tangerine as follows: orange scab. consumption, the effect on U.S. Finally, the same commenter asked producers would be still insignificant. § 319.28 Notice of quarantine. what could be done to kill Elsinoe Under such a scenario, annual imports * * * * * australis or prevent it from spreading if of Unshu oranges from South Korea of (b) Unshu oranges from Japan. The it were introduced into the United 2,000 metric tons (the upper limit of the prohibition does not apply to Unshu States. projected range of imports, well oranges (Citrus reticulata Blanco var. On August 23, 2010, we announced surpassing the peak import volume of unshu, Swingle [Citrus unshiu that sweet orange scab had been 1,611 metric tons recorded in 2002) will Marcovitch, Tanaka]), also known as detected in citrus trees on residential displace only 0.6 percent of fresh Satsuma mandarin, grown in Japan and properties in two Texas counties and tangerines produced by U.S. operations imported under permit into any area of one parish in Louisiana. We have in 2008–2009. Even a small impact such the United States except for those areas established a technical working group of as this for U.S. producers is highly specified in paragraph (b)(7) of this subject matter experts to discuss survey unlikely. section: Provided, that each of the and control strategies in response to following safeguards is fully carried out: sweet orange scab. This group will Under these circumstances, the Administrator of the Animal and Plant (1) The Unshu oranges must be grown recommend specific mitigation and packed in isolated, canker-free strategies. In countries where sweet Health Inspection Service has determined that this action will not export areas established by the plant orange scab has been endemic in protection service of Japan. Only Unshu production areas, producers have been have a significant economic impact on a substantial number of small entities. orange trees may be grown in these able to control the pest and minimize its areas, which must be kept free of all effects through properly timed fungicide Executive Order 12988 citrus other than the propagative applications. It is likely that such material of Unshu oranges. The export This final rule allows Unshu oranges fungicide applications could be areas must be inspected and found free to be imported into the United States employed domestically as well. of citrus canker and prohibited plant from the Republic of Korea. State and Therefore, for the reasons given in the material by qualified plant protection local laws and regulations regarding proposed rule and in this document, we officers of both Japan and the United Unshu oranges imported under this rule are adopting the proposed rule as a final States. The export areas must be will be preempted while the fruit is in rule, without change. surrounded by 400-meter-wide buffer foreign commerce. Fresh Unshu oranges zones. The buffer zones must be kept Executive Order 12866 and Regulatory are generally imported for immediate free of all citrus other than the following Flexibility Act distribution and sale to the consuming 10 varieties: Buntan Hirado (Citrus This final rule has been determined to public, and remain in foreign commerce grandis); Buntan Vietnam (C. grandis); be not significant for the purposes of until sold to the ultimate consumer. The Hassaku (C. hassaku); Hyuganatsu (C. Executive Order 12866 and, therefore, question of when foreign commerce tamurana); Kinkan (Fortunella spp. non has not been reviewed by the Office of ceases in other cases must be addressed Fortunella hindsii); Kiyomi tangor Management and Budget. on a case-by-case basis. No retroactive (hybrid); Orange Hyuga (C. tamurana); In accordance with the Regulatory effect will be given to this rule, and this Ponkan (C. reticulata); Unshu (C. unshiu Flexibility Act, we have analyzed the rule will not require administrative Marcovitch, Tanaka [Citrus reticulata potential economic effects of this action proceedings before parties may file suit Blanco var. unshu, Swingle]); and Yuzu on small entities. The analysis is in court challenging this rule. summarized below. Copies of the full (C. junos). The buffer zones must be analysis are available on the Paperwork Reduction Act inspected and found free of citrus canker and prohibited plant material by Regulations.gov Web site (see footnote 1 This final rule contains no new in this document for a link to qualified plant protection officers of information collection or recordkeeping both Japan and the United States. Regulations.gov) or by contacting the requirements under the Paperwork person listed under FOR FURTHER (2) In Unshu orange export areas and Reduction Act of 1995 (44 U.S.C. 3501 buffer zones on Kyushu Island, Japan, INFORMATION CONTACT. et seq.). This rule removes certain restrictions trapping for the citrus fruit fly on the importation of Unshu oranges List of Subjects in 7 CFR Part 319 (Bactrocera tsuneonis) must be from South Korea that are no longer conducted as prescribed by the Japanese necessary and expands the area in the Coffee, Cotton, Fruits, Imports, Logs, Government’s Ministry of Agriculture, continental United States where Unshus Nursery stock, Plant diseases and pests, Forestry, and Fisheries and the U.S. from South Korea may be distributed. Quarantine, Reporting and Department of Agriculture. If fruit flies The impact of Unshu orange imports recordkeeping requirements, Rice, are detected, then shipping will be from South Korea is expected to be Vegetables. suspended from the export area until minimal for U.S. domestic producers. ■ Accordingly, we are amending 7 CFR negative trapping shows the problem The United States does not part 319 as follows: has been resolved. commercially produce Unshu oranges, (3) Inspection of the Unshu oranges and price differences suggest that they PART 319—FOREIGN QUARANTINE shall be performed jointly by plant are not a close substitute for U.S.-grown NOTICES protection officers of Japan and the mandarin varieties, such as tangerines. United States in the groves prior to and Effects of the rule in terms of product ■ 1. The authority citation for part 319 during harvest, and in the displacement may be borne by Japanese continues to read as follows: packinghouses during packing exporters, since Japan is currently the Authority: 7 U.S.C. 450, 7701–7772, and operations. other major supplier of Unshu oranges 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR (4) Before packing, such oranges shall to the United States. 2.22, 2.80, and 371.3. be given a surface sterilization as

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62457

prescribed by the U.S. Department of those specified in paragraph (c)(4) of reference action under title 1, Code of Agriculture. this section, Provided, that each of the Federal Regulations, part 51, subject to (5) To be eligible for importation into following safeguards is fully carried out: the annual revision of FAA Order Arizona, California, Florida, Hawaii, (1) Before packing, such oranges shall 7400.9 and publication of conforming Louisiana, or Texas, each shipment of be given a surface sterilization in amendments. oranges grown on Honshu Island or accordance with part 305 of this FOR FURTHER INFORMATION CONTACT: Shikoku Island, Japan, must be chapter. fumigated with methyl bromide in (2) The packinghouse in which the Derril Bergt, Federal Aviation accordance with part 305 of this chapter surface sterilization treatment is applied Administration, 222 West 7th Avenue, after harvest and prior to exportation to and the fruit is packed must be Box 14, Anchorage, AK 99513–7587; the United States. Fumigation will not registered with the national plant telephone number (907) 271–2796; fax: be required for shipments of oranges protection organization of the Republic (907) 271–2850; email: grown on Honshu Island or Shikoku [email protected]. Internet address: of Korea. _ Island, Japan, that are to be imported (3) The Unshu oranges must be http://www.faa.gov/about/office org/ _ _ into States other than Arizona, accompanied by a phytosanitary headquarters offices/ato/service units/ California, Florida, Hawaii, Louisiana, certificate issued by the national plant systemops/fs/alaskan/rulemaking/. or Texas. protection organization of the Republic SUPPLEMENTARY INFORMATION: (6) The identity of the fruit shall be of Korea, which includes an additional History maintained in the following manner: declaration stating that the fruit was (i) The individual boxes in which the given a surface sterilization in On Thursday, June 17, 2010, the FAA oranges are shipped must be stamped or accordance with 7 CFR part 305 and published a notice of proposed printed with a statement specifying the was inspected and found free of Elsinoe rulemaking in the Federal Register to States into which the Unshu oranges australis. establish Class E airspace at Port may be imported, and from which they (4) The Unshu oranges may be Clarence, AK (75 FR 34393). are prohibited removal under a Federal imported into any area of the United Interested parties were invited to plant quarantine. States except American Samoa, Hawaii, participate in this rulemaking (ii) Each shipment of oranges handled the Northern Mariana Islands, Puerto proceeding by submitting written in accordance with these procedures Rico, and the U.S. Virgin Islands. comments on the proposal to the FAA. shall be accompanied by a certificate of * * * * * No comments were received. The rule is the plant protection service of Japan adopted as proposed. certifying that the fruit is apparently Done in Washington, DC, this 5th day of free of citrus canker disease. October 2010. The Class E airspace areas designated (7) The Unshu oranges may be Gregory Parham, as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA imported into the United States only Acting Administrator, Animal and Plant through a port of entry identified in Health Inspection Service. Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, § 319.37–14 that is located in an area of [FR Doc. 2010–25570 Filed 10–8–10; 8:45 am] 2010, and effective September 15, 2010, the United States into which their BILLING CODE 3410–34–P importation is authorized. The which is incorporated by reference in 14 following importation restrictions CFR 71.1. The Class E airspace designations listed in this document apply: DEPARTMENT OF TRANSPORTATION (i) Unshu oranges from Honshu Island will be published subsequently in the or Shikoku Island, Japan, that have been Federal Aviation Administration Order. fumigated in accordance with part 305 This final rule also updates the of this chapter may be imported into 14 CFR Part 71 coordinate of longitude that was any area of the United States except published in the notice of proposed American Samoa, the Northern Mariana [Docket No. FAA–2010–0354 Airspace rulemaking. The establishment of an Docket No. 10–AAL–10] Islands, Puerto Rico, and the U.S. Virgin instrument approach procedure necessitated a more accurate survey and Islands. Establishment of Class E Airspace; the corrected coordinate is based on this (ii) Unshu oranges from Honshu Port Clarence, AK Island or Shikoku Island, Japan, and more recent data. With the exception of from Kyushu Island, Japan (Prefectures AGENCY: Federal Aviation editorial changes, and the changes of Fukuoka, Kumanmoto, Nagasaki, and Administration (FAA), DOT. described above, this rule is the same as Saga only), that have not been fumigated ACTION: Final rule. that proposed in the NPRM. in accordance with part 305 of this The Rule chapter may be imported into any area SUMMARY: This action establishes Class of the United States except American E airspace at Port Clarence Coast Guard This action amends Title 14 Code of Samoa, Arizona, California, Florida, Station (CGS), AK. The United States Federal Regulations (14 CFR) part 71 by Hawaii, Louisiana, the Northern Coast Guard operates this airstrip and establishing Class E airspace to Mariana Islands, Puerto Rico, Texas, has developed a military-use instrument accommodate a new military-use special and the U.S. Virgin Islands. approach procedure. This instrument instrument approach procedure at Port (c) Unshu oranges from the Republic approach procedure at the Port Clarence Clarence CGS Airport, Port Clarence, of Korea. The prohibition does not CGS Airport has made this action AK. This Class E airspace will provide apply to Unshu oranges (Citrus necessary to enhance safety by adequate controlled airspace upward reticulata Blanco var. unshu, Swingle establishing Class E airspace for air from 700 feet and 1,200 feet above the [Citrus unshiu Marcovitch, Tanaka]), traffic management of Instrument Flight surface for the safety and management also known as Satsuma mandarin, Rules (IFR) operations. of IFR operations at Port Clarence CGS grown on Cheju Island, Republic of DATES: Effective 0901 UTC, January 13, Airport. The 1,200 foot controlled Korea, and imported under permit into 2011. The Director of the Federal airspace will extend into the Norton any area of the United States except for Register approves this incorporation by Sound Low Offshore Airspace Area and

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62458 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

that airspace will be redefined in a § 71.1 [Amended] 7400.9 and publication of conforming future Offshore Airspace action. ■ 2. The incorporation by reference in amendments. The FAA has determined that this 14 CFR 71.1 of Federal Aviation FOR FURTHER INFORMATION CONTACT: regulation only involves an established Administration Order 7400.9U, Martha Dunn, Federal Aviation body of technical regulations for which Airspace Designations and Reporting Administration, 222 West 7th Avenue, frequent and routine amendments are Points, dated August 18, 2010, and Box 14, Anchorage, AK 99513–7587; necessary to keep them operationally effective September 15, 2010, is telephone number (907) 271–5898; fax: current. It, therefore—(1) Is not a amended as follows: (907) 271–2850; e-mail: ‘‘significant regulatory action’’ under * * * * * [email protected]. Internet Executive Order 12866; (2) is not a address: http://www.faa.gov/about/ ‘‘significant rule’’ under DOT Regulatory Paragraph 6005 Class E Airspace Extending office_org/headquarters_offices/ato/ Policies and Procedures (44 FR 11034; Upward From 700 Feet or More Above the service_units/systemops/fs/alaskan/ February 26, 1979); and (3) does not Surface of the Earth. rulemaking/. warrant preparation of a regulatory * * * * * SUPPLEMENTARY INFORMATION: evaluation as the anticipated impact is so minimal. Because this is a routine AAL AK E5 Port Clarence, AK [New] History matter that will only affect air traffic Port Clarence CGS Airport, AK (Lat. 65°15′13″ N., long. 166°51′28″ W.) On Tuesday, July 6, 2010, the FAA procedures and air navigation, it is published a notice of proposed certified that this rule will not have a That airspace extending upward from 700 feet above the surface within a 6.4-mile rulemaking in the Federal Register to significant economic impact on a revise Class E airspace at the Ralph M. substantial number of small entities radius of the Port Clarence CGS Airport, AK, and within 1.5 miles either side of the 180° Calhoun Memorial Airport, Tanana, AK under the criteria of the Regulatory bearing from the Port Clarence CGS Airport, (75 FR 38753). Flexibility Act. extending from the 6.4-mile radius to 13.2 Interested parties were invited to The FAA’s authority to issue rules miles south of the Port Clarence CGS Airport; participate in this rulemaking regarding aviation safety is found in and that airspace extending upward from proceeding by submitting written Title 49 of the United States Code. 1,200 feet above the surface within a 73-mile comments on the proposal to the FAA. Subtitle 1, Section 106 describes the radius of the Port Clarence CGS Airport, AK, No comments were received. authority of the FAA Administrator. excluding that portion extending outside the The Class E airspace areas designated Anchorage Arctic CTA/FIR boundary. Subtitle VII, Aviation Programs, as 700/1,200 ft. transition areas are describes in more detail the scope of the Issued in Anchorage, AK, on September 16, published in paragraph 6005 of FAA agency’s authority. 2010. Order 7400.9U, Airspace Designations This rulemaking is promulgated Michael A. Tarr, and Reporting Points, dated August 18, under the authority described in Manager, Alaska Flight Services Information 2010, and effective September 15, 2010, Subtitle VII, Part A, Subpart 1, Section Area Group. which is incorporated by reference in 14 40103, Sovereignty and use of airspace. [FR Doc. 2010–25479 Filed 10–8–10; 8:45 am] CFR 71.1. The Class E airspace Under that section, the FAA is charged BILLING CODE 4910–13–P designations listed in this document with prescribing regulations to ensure will be published subsequently in the the safe and efficient use of the Order. navigable airspace. This regulation is DEPARTMENT OF TRANSPORTATION The Rule within the scope of that authority Federal Aviation Administration because it creates Class E airspace This action amends Title 14 Code of sufficient in size to contain aircraft Federal Regulations (14 CFR) part 71 by 14 CFR Part 71 executing instrument procedures for the revising Class E airspace at Ralph M. Calhoun Memorial Airport, in Tanana, Port Clarence CGS Airport and [Docket No. FAA–2010–0588 Airspace represents the FAA’s continuing effort Docket No. 10–AAL–16] AK, to accommodate amended SIAPs at to safely and efficiently use the Ralph M. Calhoun Memorial Airport. navigable airspace. Revision of Class E Airspace; Tanana, This Class E airspace provides adequate AK controlled airspace upward from 700 List of Subjects in 14 CFR Part 71 feet and 1,200 feet above the surface for Airspace, Incorporation by reference, AGENCY: Federal Aviation the safety of IFR operations at Ralph M. Navigation (air). Administration (FAA), DOT. Calhoun Memorial Airport by ensuring ACTION: Final rule. that Class E airspace is sufficient for Adoption of the Amendment management of air traffic. SUMMARY: This action revises Class E ■ In consideration of the foregoing, the The FAA has determined that this airspace at Tanana, AK. The amendment proposed regulation only involves an Federal Aviation Administration of Standard Instrument Approach amends 14 CFR part 71 as follows: established body of technical Procedures (SIAPs) at Ralph M. Calhoun regulations for which frequent and PART 71—DESIGNATION OF CLASS A, Memorial Airport has made this action routine amendments are necessary to CLASS B, CLASS C, CLASS D, AND necessary to enhance safety by ensuring keep them operationally current. It, CLASS E AIRSPACE AREAS; AIR that sufficient airspace exists for air therefore—(1) Is not a ‘‘significant TRAFFIC SERVICE ROUTES; AND traffic management of Instrument Flight regulatory action’’ under Executive REPORTING POINTS Rules (IFR) operations. Order 12866; (2) is not a ‘‘significant DATES: Effective 0901 UTC, November rule’’ under DOT Regulatory Policies ■ 1. The authority citation for 14 CFR 18, 2010. The Director of the Federal and Procedures (44 FR 11034; February part 71 continues to read as follows: Register approves this incorporation by 26, 1979); and (3) does not warrant Authority: 49 U.S.C. 106(g), 40103, 40113, reference action under title 1, Code of preparation of a regulatory evaluation as 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Federal Regulations, part 51, subject to the anticipated impact is so minimal. 1963 Comp., p. 389. the annual revision of FAA Order Because this is a routine matter that will

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62459

only affect air traffic procedures and air (Lat. 65°10′38″ N., long. 152°10′39″ W.) headquarters_offices/ato/service_units/ navigation, it is certified that this rule, Bear Creek NDB systemops/fs/alaskan/rulemaking/. (Lat. 65°10′26″ N., long. 152°12′22″ W.) when promulgated, will not have a SUPPLEMENTARY INFORMATION: significant economic impact on a That airspace extending upward from 700 substantial number of small entities feet above the surface within a 6.4-mile History under the criteria of the Regulatory radius of the Ralph M. Calhoun Memorial On Thursday, June 10, 2010, the FAA Airport, AK, and within 4 miles north and 8 published a notice of proposed Flexibility Act. miles south of the 250° bearing from the Bear The FAA’s authority to issue rules Creek NDB extending from the Bear Creek rulemaking in the Federal Register to regarding aviation safety is found in NDB to 16 miles west of the Bear Creek NDB, revise Class E airspace at Unalakleet, Title 49 of the United States Code. and within 1.4 miles north of the Tanana AK (75 FR 32865). Subtitle 1, Section 106 describes the VOR/DME 276° radial extending from the Interested parties were invited to authority of the FAA Administrator. 6.4-mile radius to 8.8 miles west of the participate in this rulemaking Subtitle VII, Aviation Programs, airport; and that airspace extending upward proceeding by submitting written describes in more detail the scope of the from 1,200 feet above the surface within a comments on the proposal to the FAA. agency’s authority. 73-mile radius of the Ralph M. Calhoun No comments were received. This rulemaking is promulgated Memorial Airport, AK. There was an error in the notice of under the authority described in Issued in Anchorage, AK, on September 30. proposed rulemaking regarding the E5 Subtitle VII, Part A, Subpart 1, Section 2010. airspace coordinates for the Unalakleet 40103, Sovereignty and use of airspace. Michael A. Tarr, VOR/DME. This error has been Under that section, the FAA is charged Manager, Alaska Flight Services Information corrected in the final rule. The with prescribing regulations to ensure Area Group. coordinates for the Unalakleet airport the safe and efficient use of the [FR Doc. 2010–25480 Filed 10–8–10; 8:45 am] have been updated from those used in navigable airspace. This regulation is BILLING CODE 4910–13–P previous airspace revisions made in within the scope of that authority 1996 and 1998 as a result of more because it revises Class E airspace at accurate survey data now available. Ralph M. Calhoun Memorial Airport, DEPARTMENT OF TRANSPORTATION With the exception of editorial changes, Tanana, AK, and represents the FAA’s and the changes described above, this continuing effort to safely and Federal Aviation Administration rule is the same as that proposed in the efficiently use the navigable airspace. NPRM. 14 CFR Part 71 The Class E airspace areas designated List of Subjects in 14 CFR Part 71 as a surface area for an airport are Airspace, Incorporation by reference, [Docket No. FAA–2010–0119 Airspace published in paragraph 6002 of FAA Navigation (air). Docket No. 10–AAL–6] Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, Adoption of the Amendment Revision of Class E Airspace; 2010, and effective September 15, 2010, Unalakleet, AK ■ In consideration of the foregoing, the which is incorporated by reference in 14 Federal Aviation Administration AGENCY: Federal Aviation CFR 71.1. The Class E airspace areas amends 14 CFR part 71 as follows: Administration (FAA), DOT. designated as 700/1,200 ft. transition ACTION: Final rule. areas are published in paragraph 6005 of PART 71—DESIGNATION OF CLASS A, FAA Order 7400.9U, Airspace CLASS B, CLASS C, CLASS D, AND SUMMARY: This action revises Class E Designations and Reporting Points, CLASS E AIRSPACE AREAS; AIR airspace at Unalakleet, AK. The dated August 18, 2010, and effective TRAFFIC SERVICE ROUTES; AND amendment and development of two September 15, 2010, which is REPORTING POINTS (each) Standard Instrument Approach incorporated by reference in 14 CFR 71.1. The Class E airspace designations ■ 1. The authority citation for 14 CFR Procedures (SIAPs), and the listed in this document will be part 71 continues to read as follows: development of one Obstacle Departure Procedure (ODP) at the Unalakleet published subsequently in the Order. Authority: 49 U.S.C. 106(g), 40103, 40113, Airport have made this action necessary 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– The Rule 1963 Comp., p. 389. to enhance safety by ensuring that sufficient Class E airspace exists for air This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by § 71.1 [Amended] traffic management of Instrument Flight Rules (IFR) operations. enlarging Class E5 airspace at the ■ 2. The incorporation by reference in Unalakleet Airport, Unalakleet, AK, to DATES: Effective 0901 UTC, January 13, 14 CFR 71.1 of Federal Aviation accommodate a new departure 2011. The Director of the Federal Administration Order 7400.9U, procedure, and 2 new and amended Register approves this incorporation by Airspace Designations and Reporting SIAPs at Unalakleet Airport. The new reference action under title 1, Code of Points, dated August 18, 2010, and SIAPs and the amendments to existing Federal Regulations, part 51, subject to effective September 15, 2010, is SIAPs require that the orientation and the annual revision of FAA Order amended as follows: dimensions of Class E airspace be 7400.9 and publication of conforming revised for the safety and efficiency of * * * * * amendments. management of air IFR traffic. Paragraph 6005 Class E Airspace Extending FOR FURTHER INFORMATION CONTACT: The revised Class E airspace provides Upward From 700 Feet or More Above the Derril Bergt, Federal Aviation adequate controlled airspace upward Surface of the Earth. Administration, 222 West 7th Avenue, from the surface, and from 700 and * * * * * Box 14, Anchorage, AK 99513–7587; 1,200 feet above the surface for the AAL AK E5 Tanana, AK [Revised] telephone number (907) 271–2796; fax: safety of IFR operations at Unalakleet Ralph M. Calhoun Memorial Airport, AK (907) 271–2850; email: Airport by ensuring that Class E (Lat. 65°10′28″ N., long. 152°06′34″ W.) [email protected]. Internet address: airspace is sufficient for management of Tanana VOR/DME http://www.faa.gov/about/office_org/ air traffic.

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62460 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

The FAA has determined that this § 71.1 [Amended] DEPARTMENT OF TRANSPORTATION proposed regulation only involves an 2. The incorporation by reference in established body of technical Federal Aviation Administration 14 CFR 71.1 of Federal Aviation regulations for which frequent and Administration Order 7400.9U, routine amendments are necessary to 14 CFR Part 71 Airspace Designations and Reporting keep them operationally current. It, Points, dated August 18, 2010, and [Docket No. FAA–2010–0445; Airspace therefore—(1) Is not a ‘‘significant Docket No. 10–AAL–13] regulatory action’’ under Executive effective September 15, 2010, is Order 12866; (2) is not a ‘‘significant amended as follows: Revocation and Establishment of rule’’ under DOT Regulatory Policies * * * * * Class E Airspace; Northeast Alaska, and Procedures (44 FR 11034; February Paragraph 6002 Class E Airspace AK 26, 1979); and (3) does not warrant Designated as Surface Areas. preparation of a regulatory evaluation as AGENCY: Federal Aviation the anticipated impact is so minimal. * * * * * Administration (FAA), DOT. Because this is a routine matter that will AAL AK E2 Unalakleet, AK [Revised] ACTION: Final rule. only affect air traffic procedures and air Unalakleet Airport, AK SUMMARY: This action removes navigation, it is certified that this rule, (Lat. 63°53′19″ N., long. 160°47′57″ W.) redundant Class E airspace in Northeast when promulgated, will not have a Unalakleet Localizer Alaska and establishes Class E airspace significant economic impact on a (Lat. 63°52′52″ N., long. 160°47′42″ W.) near Eagle, Alaska. The recent removal substantial number of small entities Within a 4.2-mile radius of the Unalakleet of a Colored Federal Airway near under the criteria of the Regulatory Airport, AK, and within 3.2 miles each side Kaktovik, AK, duplication of controlled Flexibility Act. of the Unalakleet Localizer front course, airspace near Mentasta Lake, AK, and The FAA’s authority to issue rules extending from the 4.2-mile radius to 12.6 the establishment of one Special Area regarding aviation safety is found in miles northwest of the Unalakleet Airport, Navigation (RNAV) Standard Instrument Title 49 of the United States Code. AK. This Class E airspace area is effective Approach Procedure (SIAP) at Eagle Subtitle 1, Section 106 describes the during the specific dates and times Airport, AK, have made these actions authority of the FAA Administrator. established in advance by Notice to Airmen. necessary to enhance safety by ensuring Subtitle VII, Aviation Programs, The effective date and time will thereafter be that sufficient airspace exists for the describes in more detail the scope of the continuously published in the Supplement management of Instrument Flight Rules agency’s authority. Alaska (Airport/Facility Directory). (IFR) operations. This rulemaking is promulgated * * * * * DATES: Effective 0901 UTC, January 13, under the authority described in Paragraph 6005 Class E Airspace Extending 2011. The Director of the Federal Subtitle VII, Part A, Subpart 1, Section Upward From 700 Feet or More Above the Register approves this incorporation by 40103, Sovereignty and use of airspace. Surface of the Earth. reference action under title 1, Code of Under that section, the FAA is charged Federal Regulations, part 51, subject to * * * * * with prescribing regulations to ensure the annual revision of FAA Order the safe and efficient use of the AAL AK E5 Unalakleet, AK [Revised] 7400.9 and publication of conforming navigable airspace. This regulation is Unalakleet Airport, AK amendments. within the scope of that authority (Lat. 63°53′19″ N., long. 160°47′57″ W.) FOR FURTHER INFORMATION CONTACT: because it creates Class E airspace Unalakleet Localizer Derril Bergt, AAL–BAL, Federal sufficient in size to contain aircraft (Lat. 63°52′52″ N., long. 160°47′42″ W.) Aviation Administration, 222 West 7th executing instrument procedures for the Unalakleet VOR/DME Avenue, Box 14, Anchorage, AK 99513– Unalakleet Airport, Unalakleet, Alaska, (Lat. 63°53′31″ N., long. 160°41′04″ W.) 7587; telephone number (907) 271– and represents the FAA’s continuing That airspace extending upward from 700 2796; fax: (907) 271–2850; e-mail: effort to safely and efficiently use the feet above the surface within a 7.3-mile [email protected]. Internet address: navigable airspace. radius of the Unalakleet Airport, AK, and http://www.faa.gov/about/office_org/ List of Subjects in 14 CFR Part 71 within 3.8 miles either side of the 289° radial headquarters_offices/ato/service_units/ of the Unalakleet VOR/DME, extending from systemops/fs/alaskan/rulemaking/. Airspace, Incorporation by reference, the 7.3-mile radius to 15.4 miles west of the SUPPLEMENTARY INFORMATION: Navigation (air). Unalakleet VOR/DME, and within 3.6 miles History Adoption of the Amendment either side of the Unalakleet Localizer front course, extending from the 7.3-mile radius to On Wednesday, June 2, 2010, the FAA ■ In consideration of the foregoing, the 13.6 miles northwest of the Unalakleet published a notice of proposed Federal Aviation Administration Airport; and that airspace extending upward rulemaking in the Federal Register to amends 14 CFR part 71 as follows: from 1,200 feet above the surface within a 74- remove some Class E airspace in mile radius of the Unalakleet Airport, AK. Northeast Alaska and establish other PART 71—DESIGNATION OF CLASS A, Issued in Anchorage, AK, on September 30, Class E airspace near the Eagle Airport, CLASS B, CLASS C, CLASS D, AND 2010. Eagle, AK (75 FR 30746). The proposal CLASS E AIRSPACE AREAS; AIR Michael A. Tarr, did not fully explain why the Class E6 TRAFFIC SERVICE ROUTES; AND Manager, Alaska Flight Services Information area associated with Barter Island, AK REPORTING POINTS Area Group. was being removed. The Barter Island Non-directional radio beacon (NDB) is [FR Doc. 2010–25478 Filed 10–8–10; 8:45 am] ■ 1. The authority citation for 14 CFR scheduled for decommissioning. The part 71 continues to read as follows: BILLING CODE 4910–13–P current airspace description is defined Authority: 49 U.S.C. 106(g), 40103, 40113, by the Barter Island NDB, which is no 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– longer in service. Additionally, recent 1963 Comp., p. 389. Area Navigation routes charted to/from

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62461

the Barter Island area establish procedures and air navigation, it is W., to lat. 65°30′00″ N. long 144°00′00″ W., sufficient new Class E airspace to certified that this rule will not have a then eastward along a line of latitude to lat. ° ′ ″ ° ′ ″ conduct IFR operations and therefore significant economic impact on a 65 30 00 N. 141 00 00 W., to the point of make the existing airspace unnecessary. substantial number of small entities beginning. Additionally, a typographical error under the criteria of the Regulatory * * * * * (boundary coordinate) was noted in the Flexibility Act. AAL AK E6 Barter Island, AK [Removed] NPRM airspace description and has The FAA’s authority to issue rules * * * * * been corrected in the final rule. With regarding aviation safety is found in the exception of editorial changes, and Title 49 of the United States Code. AAL AK E6 Mentasta Lake/Mountains the changes described above, this rule is Subtitle 1, Section 106 describes the Area, AK [Removed] the same as that proposed in the NPRM. authority of the FAA Administrator. Issued in Anchorage, AK, on September 29, Interested parties were invited to Subtitle VII, Aviation Programs, 2010. participate in this rulemaking describes in more detail the scope of the Michael A. Tarr, proceeding by submitting written agency’s authority. comments on the proposal to the FAA. This rulemaking is promulgated Manager, Alaska Flight Services Information Area Group. No comments were received. under the authority described in The Class E airspace areas designated Subtitle VII, Part A, Subpart 1, Section [FR Doc. 2010–25481 Filed 10–8–10; 8:45 am] as En Route Domestic Airspace Areas 40103, Sovereignty and use of airspace. BILLING CODE 4910–13–P are published in paragraph 6006 of FAA Under that section, the FAA is charged Order 7400.9U, Airspace Designations with prescribing regulations to ensure DEPARTMENT OF TRANSPORTATION and Reporting Points, dated August 18, the safe and efficient use of the 2010, and effective September 15, 2010, navigable airspace. This regulation is Federal Aviation Administration which is incorporated by reference in 14 within the scope of that authority CFR 71.1. The Class E airspace because it revokes Class E airspace in 14 CFR Part 71 designations listed in this document Northeast Alaska, establishes Class E will be published subsequently in the airspace to allow IFR access at Eagle [Docket No. FAA–2010–0660; Airspace Order. Airport, Eagle, AK, and represents the Docket No. 10–ANM–4] The Rule FAA’s continuing effort to safely and Revocation and Establishment of efficiently use the navigable airspace. This action amends Title 14 Code of Class E Airspace; St. George, UT Federal Regulations (14 CFR) part 71 by List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation revising Class E airspace in Northeast Airspace, Incorporation by reference, Administration (FAA), DOT. Alaska and establishing Class E airspace Navigation (air). to accommodate enroute traffic to a new ACTION: Final rule. Adoption of the Amendment Special RNAV SIAP, and a new obstacle SUMMARY: This action will remove Class departure procedure (ODP) at the Eagle ■ In consideration of the foregoing, the E airspace at St. George, UT, as the Airport, Eagle, AK. This Class E6 Federal Aviation Administration airport will be closing, eliminating the airspace will provide adequate amends 14 CFR part 71 as follows: need for controlled airspace. This action controlled airspace upward from 1,200 will establish Class E airspace for the feet above the surface for safety and PART 71—DESIGNATION OF CLASS A, new St. George Municipal Airport management of commercial IFR CLASS B, CLASS C, CLASS D, AND located to the south of the original operations in Northeast Alaska. Air CLASS E AIRSPACE AREAS; AIR airport. Controlled airspace is necessary carriers providing service to Eagle, AK, TRAFFIC SERVICE ROUTES; AND to accommodate aircraft using a new must currently operate under Visual REPORTING POINTS Area Navigation (RNAV) Global Flight Rules (VFR). With the Positioning System (GPS), VHF Omni- establishment of an instrument ■ 1. The authority citation for 14 CFR part 71 continues to read as follows: Directional Radio Range/Distance approach at Eagle Airport, the Measuring Equipment (VOR/DME), uncontrolled airspace must be Authority: 49 U.S.C. 106(g), 40103, 40113, Localizer Type Directional Aid/Distance converted into controlled airspace. The 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Measuring Equipment (LDA/DME) 1963 Comp., p. 389. airspace required to provide for the Standard Instrument Approach safety and management of IFR § 71.1 [Amended] Procedures (SIAPs) at the new airport. operations at Eagle Airport is designated This will improve the safety and as E6 Enroute Domestic Airspace and is ■ 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation management of Instrument Flight Rules established by this rule. (IFR) operations at the airport. The FAA has determined that this Administration Order 7400.9U, regulation only involves an established Airspace Designations and Reporting DATES: Effective date, 0901 UTC, body of technical regulations for which Points, dated August 18, 2010, and January 13, 2011. The Director of the frequent and routine amendments are effective September 15, 2010, is Federal Register approves this necessary to keep them operationally amended as follows: incorporation by reference action under current. It, therefore—(1) Is not a 1 CFR part 51, subject to the annual ‘‘significant regulatory action’’ under Paragraph 6006 En Route Domestic revision of FAA Order 7400.9 and Executive Order 12866; (2) is not a Airspace Areas. publication of conforming amendments. ‘‘significant rule’’ under DOT Regulatory * * * * * FOR FURTHER INFORMATION CONTACT: Policies and Procedures (44 FR 11034; AAL AK E6 Northeast, AK [New] Eldon Taylor, Federal Aviation February 26, 1979); and (3) does not Administration, Operations Support That airspace extending upward from Group, Western Service Center, 1601 warrant preparation of a regulatory 1,200 feet above the surface within an area evaluation as the anticipated impact is beginning at lat. 63°55′00″ N. long. Lind Avenue, SW., Renton, WA 98057; so minimal. Because this is a routine 141°00′00″ W., then westward along a line of telephone (425) 203–4537. matter that will only affect air traffic latitude to lat. 63°55′00″ N. long 144°00′00″ SUPPLEMENTARY INFORMATION:

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62462 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

History does not warrant preparation of a ANM UT E5 St. George, UT [Removed] On July 29, 2010, the FAA published regulatory evaluation as the anticipated Paragraph 6002 Class E airspace designated in the Federal Register a notice of impact is so minimal. Since this is a as surface areas. proposed rulemaking to remove and routine matter that will only affect air * * * * * traffic procedures and air navigation, it establish controlled airspace at St. ANM UT E2 St. George, UT [New] George Municipal Airport, St. George, is certified this rule, when promulgated, UT (75 FR 44727). Interested parties will not have a significant economic St. George Municipal Airport, UT (Lat. 37°02′11″ N., long. 113°30′37″ W.) were invited to participate in this impact on a substantial number of small rulemaking effort by submitting written entities under the criteria of the Within a 4.5-mile radius of St. George Regulatory Flexibility Act. The FAA’s Municipal Airport. This Class E airspace is comments on the proposal to the FAA. effective during specific dates and times No comments were received. authority to issue rules regarding aviation safety is found in Title 49 of the established in advance by a Notice to Subsequent to publication, the FAA Airmen. The effective date and time will found the controlled airspace area U.S. Code. Subtitle 1, section 106 thereafter be continuously published in the extending upward from 700 feet AGL discusses the authority of the FAA Airport/Facility Directory. was more than was needed for the SIAP, Administrator. Subtitle VII, Aviation Paragraph 6005 Class E airspace areas and modified portions for the VOR/DME Programs, describes in more detail the scope of the agency’s authority. This extending upward from 700 feet or more SIAP by reducing the amount of above the surface of the earth rulemaking is promulgated under the airspace originally stated, thus better * * * * * serving the aviation needs at the new authority described in subtitle VII, part airport. This action will make the A, subpart I, section 40103. Under that ANM UT E5 St. George, UT [New] changes. With the exception of editorial section, the FAA is charged with St. George Municipal Airport, UT changes, and the changes described prescribing regulations to assign the use (Lat. 37°02′11″ N., long. 113°30′37″ W.) above, this rule is the same as that of airspace necessary to ensure the That airspace extending upward from 700 proposed in the NPRM. safety of aircraft and the efficient use of feet above the surface within a 8.1-mile Class E airspace designations are airspace. This regulation is within the radius of the St. George Municipal Airport, published in paragraph 6002 and 6005, scope of that authority as it amends and within 4 miles each side of the 030° respectively, of FAA Order 7400.9U controlled airspace at St. George bearing of St. George Municipal Airport, dated August 18, 2010, and effective Municipal Airport, St. George, UT. extending from the 8.1-mile radius to 25.8 miles northeast of the St. George Municipal September 15, 2010, which is List of Subjects in 14 CFR Part 71 Airport, and within 4 miles each side of the incorporated by reference in 14 CFR 200° bearing of the St. George Municipal 71.1. The Class E airspace designations Airspace, Incorporation by reference, Airport, extending from the 8.1-mile radius listed in this document will be Navigation (air). to 20 miles southwest of the St. George published subsequently in that Order. Municipal Airport; and that airspace Adoption of the Amendment extending upward from 1,200 feet above the The Rule surface within the 30-mile radius of lat. This action amends Title 14 Code of ■ In consideration of the foregoing, the 36°48′52″ N., long. 113°29′24″ W., extending Federal Aviation Administration clockwise from the 030° bearing to the 360° Federal Regulations (14 CFR) part 71 by ° removing Class E surface airspace, and amends 14 CFR part 71 as follows: bearing, thence from the 360 bearing 30-mile radius to lat. 37°31′02″ N., long. 113°21′25″ Class E airspace extending upward from PART 71—DESIGNATION OF CLASS A, W., to lat. 37°23′09″ N., long. 113°04′34″ W., 700 feet above the surface, at St. George thence to the 030° bearing 30-mile radius. Municipal Airport, St. George, UT, as B, C, D AND E AIRSPACE AREAS; AIR the airport is closing and relocating TRAFFIC SERVICE ROUTES; AND Issued in Seattle, Washington, on October 1, 2010. south of the existing airport. This action REPORTING POINTS will establish Class E surface airspace John Warner, ■ 1. The authority citation for 14 CFR and Class E airspace extending upward Manager, Operations Support Group, Western part 71 continues to read as follows: from 700 feet above the surface at the Service Center. new St. George Municipal Airport Authority: 49 U.S.C. 106(g), 40103, 40113, [FR Doc. 2010–25482 Filed 10–8–10; 8:45 am] location to accommodate IFR aircraft 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– BILLING CODE 4910–13–P executing new RNAV (GPS), VOR/DME 1963 Comp., p. 389. and LDA/DME SIAPs at the airport. The description for the airport’s Class E § 71.1 [Amended] DEPARTMENT OF COMMERCE airspace extending upward from 700 ■ 2. The incorporation by reference in Bureau of Industry and Security feet above the surface will correctly 14 CFR 71.1 of the Federal Aviation show the airspace needed for the VOR/ Administration Order 7400.9U, 15 CFR Part 748 DME SIAP. This action is necessary for Airspace Designations and Reporting the safety and management of IFR Points, dated August 18, 2010, and [Docket No. 100727314–0350–01] operations. effective September 15, 2010 is The FAA has determined this amended as follows: RIN 0694–AE95 regulation only involves an established body of technical regulations for which Paragraph 6002 Class E airspace designated Additions to the List of Validated End- frequent and routine amendments are as surface areas. Users in the People’s Republic of necessary to keep them operationally * * * * * China: Hynix Semiconductor China current. Therefore, this regulation: (1) Is Ltd., Hynix Semiconductor (Wuxi) Ltd. ANM UT E2 St. George, UT [Removed] not a ‘‘significant regulatory action’’ and Lam Research Corporation under Executive Order 12866; (2) is not Paragraph 6005 Class E airspace areas AGENCY: Bureau of Industry and a ‘‘significant rule’’ under DOT extending upward from 700 feet or more Security, Commerce. Regulatory Policies and Procedures (44 above the surface of the earth. ACTION: Final rule. FR 11034; February 26, 1979); and (3) * * * * *

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62463

SUMMARY: In this final rule, the Bureau Background Validated End-Users of Industry and Security amends the Authorization Validated End-User Hynix Semiconductor China Ltd. Export Administration Regulations (VEU): The List of Approved End-Users, Hynix Semiconductor (Wuxi) Ltd. (EAR) to add three end-users, Hynix Eligible Items and Destinations in the Lam Research Corporation. Semiconductor (China) Ltd., Hynix People’s Republic of China (PRC) Eligible Destination for Hynix Semiconductor (Wuxi) Ltd. and Lam Consistent with U.S. Government Semiconductor China Ltd. Research Corporation to the list of policy to facilitate trade for civilian end- Hynix Semiconductor China Ltd., Lot validated end-users in the People’s users in the PRC, BIS amended the EAR Republic of China (PRC). With this rule, K7/K7–1, Export Processing Zone, in a final rule on June 19, 2007 (72 FR Wuxi, Jiangsu, PR China. exports, reexports and transfers (in- 33646) by creating a new authorization country) of certain items to one facility for ‘‘validated end-users’’ located in Eligible Destination for Hynix of Hynix Semiconductor (China) Ltd., eligible destinations to which eligible Semiconductor (Wuxi) Ltd. one facility of Hynix Semiconductor items may be exported, reexported or Hynix Semiconductor (Wuxi) Ltd., Lot (Wuxi) Ltd. and nine facilities of Lam transferred under a general K7/K7–1, Export Processing Zone, Research Corporation in the PRC are authorization instead of a license, in Wuxi, Jiangsu, PR China. now authorized under Authorization conformance with section 748.15 of the Validated End-User (VEU). EAR. Validated end-users may obtain Eligible Items That May Be Exported, eligible items that are on the Commerce Reexported or Transferred (In-Country) DATES: This rule is effective October 12, Control List, set forth in Supplement to the Two Eligible Destinations 2010. Although there is no formal No. 1 to part 774 of the EAR, without (Facilities) Under HSCL’s and HSMC’s comment period, public comments on having to wait for their suppliers to Validated End-User Authorizations this regulation are welcome on a obtain export licenses from BIS. Eligible Equipment for the manufacturing of continuing basis. items may include commodities, semiconductor devices or materials ADDRESSES: You may submit comments, software and technology, except those classified under Export Control identified by RIN 0694–AE95, by any of controlled for missile technology or Classification Numbers (ECCNs) the following methods: crime control reasons. 3B001.a, 3B001.b, 3B001.c, 3B001.d, Authorization VEU is a mechanism to 3B001.e, and 3B001.f. E-mail: [email protected] facilitate increased high-technology Include ‘‘RIN 0694–AE95’’ in the subject exports to companies in eligible Eligible Destinations for Lam Research line of the message. destinations that have a verifiable Corporation Fax: (202) 482–3355. Please alert the record of civilian uses for such items. Lam Research (Shanghai) Service Co., Regulatory Policy Division, by calling The validated end-users listed in 1st Floor, Area C, Hua Hong Science (202) 482–2440, if you are faxing Supplement No. 7 to Part 748 of the & Technology Park, 177 Bi Bo Road, comments. EAR were reviewed and approved by Zhangjiang Hi-Tech Park, Pudong, the U.S. Government in accordance with Shanghai, China 201203. Mail or Hand Delivery/Courier: Sheila the provisions of Section 748.15 and Lam Research Shanghai Co., Ltd., No. 1 Quarterman, U.S. Department of Supplement Nos. 8 and 9 to Part 748 of Jilong Rd., Room 424–2, Waigaoqiao Commerce, Bureau of Industry and the EAR. In addition to U.S. exporters, Free Trade Zone, Shanghai, China Security, Regulatory Policy Division, Authorization VEU may be used by 200131. 14th Street & Pennsylvania Avenue, foreign reexporters as well as by persons Lam Research International Sarl NW., Room 2705, Washington, DC transferring in-country, and does not (Shanghai TSS), c/o HMG Logistic 20230, Attn: RIN 0694–AE 95. have an expiration date. Currently, (Shanghai) Co., Ltd., No.55, West Send comments regarding the validated end-users are located in the Shang Feng Road, Tangzhen, Pudong collection of information associated PRC and India. New Area, Shanghai, China 201203. Lam Research Shanghai Co., Ltd. with this rule, including suggestions for Addition of Hynix Semiconductor China (Shanghai WGQ Bonded Warehouse), reducing the burden, to Jasmeet Seehra, Ltd., Hynix Semiconductor (Wuxi) Ltd. No. 55, Fei la Road, Waigaoqiao Free Office of Management and Budget and Lam Research Corporation to the Trade Zone, Pudong New Area, (OMB), by e-mail to List of Validated End-Users in the PRC Shanghai, China 200131. [email protected] or by and the Corporations’ Respective Lam Research Co., Ltd. (Beijing Branch), ‘‘Eligible Items (By ECCN)’’ and ‘‘Eligible fax to (202) 395–7285. Comments on Room 322 Dadi Mansion, No. 18 Destinations’’ this collection of information should be Hongda Beilu, Beijing Economic & submitted separately from comments on This final rule amends Supplement Technological Development Area, the final rule (i.e., RIN 0694–AE95)—- No. 7 to Part 748 of the EAR to designate Beijing, China 100176. all comments on the latter should be Hynix Semiconductor China Ltd. Lam Research Co., Ltd. (Wuxi submitted by one of the three methods (HSCL), Hynix Semiconductor (Wuxi) Representative Office), 5E, Bldg. C, outlined above. Ltd. (HSMC) and Lam Research International Science & Technology Corporation (Lam), as validated end- FOR FURTHER INFORMATION CONTACT: Park, #2 Taishan Road, WND, Wuxi, users, to identify the eligible facilities of Karen Nies-Vogel, Chairman, End-User Jiangsu, China 214028. HNSL, HSMC and Lam and to identify Lam Research International Sarl (Wuxi Review Committee, Bureau of Industry the items that may be exported, EPZ Bonded Warehouse), c/o HMG and Security, U.S. Department of reexported or transferred (in-country) to WHL Logistic (Wuxi) Co., Ltd., F1, Commerce, 14th Street & Pennsylvania HSCL’s, HSMC’s and Lam’s specified Area 4, No. 1, Plot J3, No. 5 Gaolang Avenue, NW., Washington, DC 20230; eligible facilities under Authorization East Road, Export Processing Zone, by telephone (202) 482–3811, or by VEU. The names and addresses of these Wuxi, China 214028, e-mail to [email protected]. newly approved validated end-users Lam Research Co., Ltd. (Wuhan SUPPLEMENTARY INFORMATION: and their eligible facilities are as Representative Office), Room 1810, follows: Guanggu International Building B,

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62464 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

456 Luoyu Road, East-Lake Hi-Tech carry out the provisions of the Act, as the publication of this information does Development Zone, Wuhan City, appropriate and to the extent permitted not establish any new policy; in Hubei Province, China 430074. by law, pursuant to Executive Order publishing this final rule, BIS is simply Lam Research International Sarl (Wuhan 13222. adding validated end-users within the TSS), c/o HMG Wuhan Logistic Co., established regulatory framework of the Rulemaking Requirements Ltd., 1st—2nd Floor, No. 5 Building, VEU program. Further, this rule does Hua Shi Yuan Er Road, Optical Valley 1. This final rule has been determined not abridge the rights of the public or Industry Park, East-Lake Hi-Tech to be not significant for the purposes of eliminate the public’s option to export Development Zone, Wuhan City, Executive Order 12866. under any of the forms of authorization Hubei Province, China 430223. 2. This rule involves collections set forth in the EAR. previously approved by the OMB under Publication of this rule in other than Eligible Items That May Be Exported, control number 0694–0088, ‘‘Multi- final form is unnecessary because the Reexported or Transferred (In-Country) Purpose Application,’’ which carries a authorization granted in the rule is to the Nine Eligible Destinations burden hour estimate of 58 minutes to similar to that granted to exporters for (Facilities) Under Lam’s Validated End- prepare and submit form BIS–748; and individual licenses, which do not User Authorization for recordkeeping, reporting and review undergo public review. Individual Items classified under Export Control requirements in connection with license application applicants and VEU Classification Numbers (ECCNs) Authorization Validated End-User, authorization applicants both provide 2B230, 2B350.c, 2B350.d, 2B350.g, which carries and estimated burden of the U.S. Government with confidential 2B350.h, 2B350.i, 3B001.c, 3B001.e 30 minutes per submission. This rule is business information. This information (items controlled under 3B001.c and expected to result in a decrease in is extensively reviewed according to the 3B001.e are limited to parts and license applications submitted to BIS. criteria for VEU authorizations, as set components) 3D001, 3D002 (limited Total burden hours associated with the out in 15 CFR 748.15(a)(2). Like to ‘‘software’’ specially designed for Paperwork Reduction Act and Office of individual export licenses, VEU the ‘‘use’’ of stored program controlled Management and Budget control applications are vetted by an items classified under ECCN 3B001), number 0694–0088 are not expected to interagency committee drawing on and 3E001 (limited to ‘‘technology’’ increase significantly as a result of this public and non-public sources, according to the General Technology rule. including licensing data, and measured Note for the ‘‘development’’ of Notwithstanding any other provisions against the VEU authorization criteria. equipment controlled by ECCN of law, no person is required to respond The authorizations granted under the 3B001). to nor be subject to a penalty for failure VEU program, and through individual Approving these end-users as to comply with a collection of export licenses, involve interagency validated end-users is expected to information, subject to the requirements deliberation according to set criteria. further facilitate exports to civilian end- of the Paperwork Reduction Act of 1995 Given the thorough nature of the review, users in the PRC, and is expected to (44 U.S.C. 3501 et seq.) (PRA), unless and in light of the parallels between this result in a significant savings of time that collection of information displays a process and the non-public review of and resources for suppliers and the currently valid Office of Management license applications, public comment on eligible facilities. Authorization VEU and Budget (OMB) Control Number. this authorization prior to publication is eliminates the burden on exporters and 3. This rule does not contain policies unnecessary. Moreover, as noted above, reexporters of preparing individual with Federalism implications as that the criteria and process for authorizing license applications, as exports, term is defined under Executive Order VEUs were developed with public reexports and transfers (in-country) of 13132. comments; allowing additional public eligible items to these facilities may 4. Pursuant to the Administrative comment on this individual VEU now be made under general Procedure Act (APA), 5 U.S.C. authorization, which was determined authorization instead of under 553(b)(B), BIS finds good cause to waive according to those criteria, is therefore individual licenses. With this change, requirements that the rule be subject to unnecessary. exporters and reexporters can supply notice and the opportunity for public Section 553(d) of the APA generally validated end-users in the PRC much comment because such notice and provides that rules may not take effect more quickly, thus enhancing the comment here are unnecessary. In earlier than 30 days after they are competitiveness of the exporters, determining whether to grant validated published in the Federal Register. reexporters, and end-users in the PRC. end-user designations, a committee of However, section 553(d)(1) of the APA To ensure appropriate facilitation of U.S. Government agencies evaluates provides that a substantive rule which exports and reexports, on-site reviews of information about candidate companies grants or recognizes an exemption or validated end-users may be warranted and commitments made by candidate relieves a restriction, may take effect pursuant to paragraph 748.15(f)(2) and companies, the nature and terms of earlier. Today’s final rule grants an section 7(iv) of Supplement No. 8 to which are set forth in 15 CFR part 748, exemption from licensing procedures, Part 748 of the EAR. If such reviews are Supplement No. 8. The criteria for so we make this final rule effective warranted, BIS will inform the PRC evaluation by the committee are set immediately. Ministry of Commerce. forth in 15 CFR § 748.15(a)(2). No other law requires that a notice of Since August 21, 2001, the Export The information, commitments and proposed rulemaking and an Administration Act has been in lapse criteria for this extensive review were opportunity for public comment be and the President, through Executive all established through the notice of given for this final rule. Because a Order 13222 of August 17, 2001 (3 CFR, proposed rulemaking and public notice of proposed rulemaking and an 2001 Comp., p. 783 (2002)), as extended comment process (71 FR 38313, July 2, opportunity for public comment are not most recently by the Notice of August 2006 and 72 FR 33646, June 19, 2007). required to be given for this rule under 12, 2010 (75 FR 50681 (August 16, Given the similarities between the the Administrative Procedure Act or by 2010), has continued the EAR in effect authorizations provided under any other law, the analytical under the International Emergency Validated End-User (VEU) and export requirements of the Regulatory Economic Powers Act. BIS continues to licenses (as discussed further below), Flexibility Act (5 U.S.C. 601 et seq.) are

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62465

not applicable and no regulatory PART 748—[AMENDED] ‘‘Hynix Semiconductor China Ltd.’’, flexibility analysis has been prepared. ‘‘Hynix Semiconductor (Wuxi) Ltd.’’, ■ 1. The authority citation for 15 CFR and ‘‘Lam Research Corporation’’, in List of Subjects in 15 CFR Part 748 Part 748 continues to read as follows: ‘‘China (People’s Republic of)’’ in Administrative practice and Authority: 50 U.S.C. app. 2401 et seq.; 50 alphabetical order to read as follows: procedure, Exports, Reporting and U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, SUPPLEMENT NO. 7 TO PART 748— recordkeeping requirements. 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice AUTHORIZATION VALIDATED END- ■ Accordingly, part 748 of the Export of August 12, 2010, 75 FR 50681 (August 16, USER (VEU); LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS Administration Regulations (15 CFR 2010). ELIGIBLE FOR EXPORT, REEXPORT Parts 730–774) is amended as follows: ■ 2. Supplement No. 7 to Part 748 is AND TRANSFER AND ELIGIBLE amended by adding three entries, DESTINATIONS

Country Validated end-user Eligible items (by ECCN) Eligible destination

China (People’s Republic of) ******* Hynix Semiconductor 3B001.a, 3B001.b, 3B001.c, 3B001.d, Hynix Semiconductor China Ltd. Lot K7/K7– China Ltd. 3B001.e, and 3B001.f. 1, Export Processing Zone Wuxi, Jiangsu, PR China. Hynix Semiconductor 3B001.a, 3B001.b, 3B001.c, 3B001.d, Hynix Semiconductor (Wuxi) Ltd., Lot K7/ (Wuxi) Ltd. 3B001.e, and 3B001.f. K7–1, Export Processing Zone, Wuxi, Jiangsu, PR, China. Lam Research Cor- 2B230, 2B350.c, 2B350.d, 2B350.g, Lam Research (Shanghai) Service Co., 1st poration. 2B350.h, 2B350.i, 3B001.c, 3B001.e Floor, Area C, Hua Hong Science & Tech- (items controlled under 3B001.c and nology Park, 177 Bi Bo Road Zhangjiang 3B001.e are limited to parts and compo- Hi-Tech Park, Pudong, Shanghai, China nents), 3D001, 3D002 (limited to ‘‘soft- 201203. ware’’ specially designed for the ‘‘use’’ of Lam Research Shanghai Co., Ltd., No. 1 stored program controlled items classified Jilong Rd., Room 424–2, Waigaoqiao under ECCN 3B001), and 3E001 (limited Free Trade Zone, Shanghai, China to ‘‘technology’’ according to the General 200131. Technology Note for the ‘‘development’’ of Lam Research International Sarl (Shanghai equipment controlled by ECCN 3B001). TSS), c/o HMG Logistic (Shanghai), Co., Ltd., No.55, West Shang Feng Road , Tangzhen, Pudong New Area, Shanghai, China 201203. Lam Research Shanghai Co., Ltd., (Shang- hai WGQ Bonded Warehouse), No. 55, Fei la Road, Waigaoqiao Free Trade Zone, Pudong New Area, Shanghai, China 200131. Lam Research Co., Ltd. (Beijing Branch), Room 322 Dadi Mansion, No. 18 Hongda Beilu Beijing Economic & Technological Development Area, Beijing, China 100176. Lam Research Co., Ltd. (Wuxi Representa- tive Office), 5E, Bldg. C International Science & Technology Park, #2 Taishan Road, WND, Wuxi, Jiangsu, China 214028. Lam Research International Sarl (Wuxi EPZ Bonded Warehouse) c/o HMG WHL Lo- gistic (Wuxi) Co., Ltd., F1, Area 4, No. 1, Plot J3, No. 5 Gaolang East Road, Export Processing Zone, Wuxi, China 214028. Lam Research Co., Ltd. (Wuhan Represent- ative Office), Room 1810, Guanggu Inter- national Building B, 456 Luoyu Road, East-Lake Hi-Tech Development Zone, Wuhan City, Hubei Province, China 430074. Lam Research International Sarl (Wuhan TSS), c/o HMG Wuhan Logistic Co., Ltd., 1st—2nd Floor, No. 5 Building, Hua Shi Yuan Er Road, Optical Valley Industry Park, East-Lake Hi-Tech Development Zone, Wuhan City, Hubei Province, China 430223.

*******

VerDate Mar<15>2010 15:35 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62466 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

Dated: October 4, 2010. Tinaves, Special Counsel, at (202) 551– specified in Section 19(b)(2), 15 U.S.C. Matthew S. Borman, 5676, Division of Trading and Markets, 78s(b)(2), to require the Director to Deputy Assistant Secretary for Export Securities and Exchange Commission, institute proceedings to determine Administration. 100 F Street, NE., Washington, DC whether the proposed rule change [FR Doc. 2010–25438 Filed 10–8–10; 8:45 am] 20549–7010. should be disapproved; (3) pursuant to BILLING CODE 3510–33–P SUPPLEMENTARY INFORMATION: The Dodd- new Section 19(b)(10) of the Exchange Frank Wall Street Reform and Consumer Act, 15 U.S.C. 78s(b)(10), to (a) notify an Protection Act 1 amended Section 19 of SRO that a proposed rule change does SECURITIES AND EXCHANGE the Exchange Act, 15 U.S.C. 78s(b)(2), so not comply with the rules of the COMMISSION that there are new deadlines by which Commission relating to the required the Commission must publish and act form of a proposed rule change, and (b) 17 CFR Part 200 upon proposed rule changes submitted determine that a proposed rule change by SROs. In recognition of the is unusually lengthy and complex or [Release No. 34–63049] amendments to Section 19, the raises novel regulatory issues and to Delegation of Authority to the Director Commission is amending its rules inform the SRO of such determination; of the Division of Trading and Markets governing delegations of authority to the (4) pursuant to Section 19(b)(2)(A) of the Director of the Division. The Exchange Act, 15 U.S.C. 78s(b)(2)(A), to AGENCY: Securities and Exchange amendments to Rule 30–3 (17 CFR extend for a period not exceeding 90 Commission. 200.30–3) authorize the Director of the days from the date of publication of ACTION: Final rule. Division: (1) To disapprove an SRO notice of the filing of a proposed rule proposed rule change pursuant to change the period during which the SUMMARY: The Securities and Exchange Section 19(b)(2) of the Exchange Act, 15 Commission must by order disapprove Commission (‘‘Commission’’) is U.S.C. 78s(b)(2), provided that, with the proposed rule change; (5) pursuant amending its rules to delegate authority respect to a particular proposed rule to Section 19(b)(2)(A) of the Exchange to the Director of the Division of change, if two (2) or more Act, 15 U.S.C. 78s(b)(2)(A), to determine Trading and Markets (‘‘Division’’) to Commissioners object in writing to the the appropriateness of extending the disapprove a proposed rule change Director within five (5) business days of period during which the Commission pursuant to Section 19(b) of the being notified by the Director that the must by order approve or disapprove a Securities Exchange Act of 1934 Division intends to exercise its authority proposed rule change or institute (‘‘Exchange Act’’); to temporarily to disapprove that particular proposed proceedings to determine whether to suspend a proposed rule change of a rule change, then the delegation of disapprove the proposal and publish the self-regulatory organization (‘‘SRO’’); to authority to approve or disapprove that reasons for such determination; (6) notify an SRO that a proposed rule proposal is withdrawn and the Director pursuant to Section 19(b)(2)(B) of the change does not comply with the rules shall either present a recommendation Exchange Act, 15 U.S.C. 78s(b)(2)(B), to of the Commission relating to the to the Commission or institute pursuant extend for a period not exceeding 240 required form of a proposed rule to delegated authority proceedings to days from the date of publication of change; and to determine that a determine whether the proposed rule notice of the filing of a proposed rule proposed rule change is unusually change should be disapproved; 2 (2) change the period during which the lengthy and complex or raises novel pursuant to Section 19(b)(2) of the Act, Commission must conclude proceedings regulatory issues and to inform the SRO 15 U.S.C. 78s(b)(2), and Section 19(b)(3) to determine whether to disapprove the of such determination. In addition, the of the Act, 15 U.S.C. 78s(b)(3), to proposal and to determine whether such Commission is amending its rules to institute proceedings to determine longer period is appropriate and publish delegate authority to the Director of the whether a proposed rule change of a the reasons for such determination; (7) Division (‘‘Director’’) to determine the SRO should be disapproved and to to temporarily suspend an SRO’s appropriateness of extending the time provide to the SRO notice of the proposed rule change pursuant to periods specified in Section 19(b) and grounds for disapproval under Section 19(b)(3)(C) of the Exchange Act, publish the reasons for such consideration, and, in addition, if the 15 U.S.C. 78s(b)(3)(C); (8) to update the determination as well as to effect any Commission has not taken action on a references to proceedings to determine such extension; to update the references proposal for which delegated authority whether to disapprove a proposal and to to proceedings to determine whether to has been withdrawn under provide to the SRO notice of the disapprove a proposal and to provide to subparagraph (12) prior to the grounds for disapproval under 3 the SRO notice of the grounds for expiration of the applicable time period consideration; and (9) to find good disapproval under consideration; to find cause to approve a proposal on an good cause to approve a proposal on an 1 Dodd-Frank Wall Street Reform and Consumer accelerated basis and to publish the accelerated basis and to publish the Protection Act, Pub. L. 111–203, 124 Stat. 1376 reasons for such determination. In (2010). reasons for such determination; and to addition, the Commission is amending 2 Section 19(b)(2)(C), 15 U.S.C. 78s(b)(2)(C), Rule 30–3(a)(42) to authorize the extend the period for consideration of a provides the standards for Commission approval national market system plan or an and disapproval of a proposed rule change. Under Director, pursuant to rule 608(b), 17 amendment to such plan. This this paragraph, the Commission shall approve a CFR 242.608(b), to extend for a period delegation is intended to conserve proposed rule change if it finds that such proposed rule change is consistent with the requirements of 3 Section 19(b)(3)(C) provides that if the Commission resources and to increase the Exchange Act and the rules and regulations Commission temporarily suspends the change in the effectiveness and efficiency of the issued thereunder that are applicable to the self- the rules of a SRO, it shall ‘‘institute proceedings Commission’s SRO rule filing process. regulatory organization, and the Commission shall under paragraph (2)(B) to determine whether the disapprove a proposal if it does not make such proposed rule should be approved or disapproved.’’ DATES: Effective Date: October 12, 2010 finding. Additionally, this paragraph provides that The Commission is amending Rule 30–3(a)(57), FOR FURTHER INFORMATION CONTACT: the Commission may not approve a proposed rule which presently delegates authority to the Director Richard Holley III, Assistant Director, at change earlier than 30 days after the date of of the Division to institute such proceedings, to publication unless the Commission finds good clarify its applicability to all references to such (202) 551–5614, Kristie Diemer, Special cause for so doing and publishes the reason for the proceedings contained in amended Sections Counsel, at (202) 551–5613, and Arisa finding. 19(b)(2) and 19(b)(3) of the Exchange Act.

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62467

not exceeding 180 days from the date of ■ a. Revising paragraphs (a)(12) and regulatory organization of such publication of notice of the filing of a (a)(31); determination. proposed national market system plan ■ b. In paragraph (a)(42), at the end * * * * * or an amendment to an effective remove the period and in its place add national market system plan the time for (31) Pursuant to section 19(b)(2)(A) of ‘‘, and pursuant to 17 CFR 242.608(b) to the Act, 15 U.S.C. 78s(b)(2)(A), to Commission consideration of such plan extend for a period not exceeding 180 or amendment. extend for a period not exceeding 90 days from the date of publication of days from the date of publication of Finally, the Commission is amending notice of filing of a national market Rule 30–3(a)(12) to remove obsolete notice of the filing of a proposed rule system plan or an amendment to an change pursuant to section 19(b)(1) of references to a former compliance effective national market system plan deadline that is now inconsistent with the Act, 15 U.S.C. 78s(b)(1), the period the time for Commission consideration during which the Commission must by the amendments to Section 19 of the of the national market system plan or Exchange Act since the former provision order approve or disapprove the the amendment to an effective national proposed rule change or institute included a 15 business day deadline market system plan and to determine proceedings to determine whether the that is incompatible with the new 15 whether such longer period is proposed rule change should be calendar day deadline to send the notice appropriate and publish the reasons for disapproved and to determine whether to the Federal Register for publication such determination.’’; from the date on which the SRO such longer period is appropriate and ■ publishes the notice of the filing c. Revising paragraph (a)(57); and publish the reasons for such contained in revised Section 19(b)(2)(E). ■ d. Adding paragraph (a)(58). determination. This delegation is intended to The revisions and addition read as * * * * * conserve Commission resources and follows: (57) Pursuant to section 19(b)(2) of the increase the effectiveness and efficiency Act, 15 U.S.C. 78s(b)(2), and section of the Commission’s process for § 200.30–3 Delegation of authority to 19(b)(3) of the Act, 15 U.S.C. 78s(b)(3), handling proposed rule changes Director of Division of Trading and Markets. to institute proceedings to determine submitted by SROs. The Commission * * * * * anticipates that the delegation of whether a proposed rule change of a (a) * * * self-regulatory organization should be authority will help facilitate timely (12) Pursuant to section 19(b) of the compliance with the amendments to disapproved and to provide to the self- Act, 15 U.S.C. 78s(b), and Rule 19b–4 regulatory organization notice of the Section 19 of the Exchange Act and the (§ 240.19b–4) of this chapter, to publish new statutory deadlines prescribed grounds for disapproval under notices of proposed rule changes filed consideration. If the Commission has therein. Nevertheless, the Division may by self-regulatory organizations and to submit matters to the Commission for its not taken action on a proposed rule approve such proposed rule changes, change for which delegated authority consideration, as it deems appropriate. and to find good cause to approve a The Commission finds, in accordance has been withdrawn under paragraph proposed rule change earlier than 30 (a)(12) of this section prior to the with the Administrative Procedure Act days after the date of publication of (5 U.S.C. 553(b)(3)(A)), that these expiration of the applicable time period such proposed rule change and to specified in section 19(b)(2) of the Act, amendments relate solely to agency publish the reasons for such finding. organization, procedures, or practices, 15 U.S.C. 78s(b)(2), then the Director Pursuant to section 19(b) of the Act, 15 shall institute pursuant to delegated and do not relate to a substantive rule. U.S.C. 78s(b), and Rule 19b–4 Accordingly, notice, opportunity for authority proceedings to determine (§ 240.19b–4) of this chapter, to whether the proposed rule change public comment, and publication of the disapprove a proposed rule change, amendments prior to their effective date should be disapproved. In addition, provided that, with respect to a pursuant to section 19(b)(2)(B) of the are unnecessary and these changes are particular proposed rule change, if two effective on October 12, 2010. Act, 15 U.S.C. 78s(b)(2)(B), to extend for (2) or more Commissioners object in a period not exceeding 240 days from List of Subjects in 17 CFR Part 200 writing to the Director within five (5) the date of publication of notice of the Administrative practice and business days of being notified by the filing of a proposed rule change procedure, Authority delegations Director that the Division intends to pursuant to Section 19(b)(1) of the Act, (Government agencies). exercise its authority to disapprove that 15 U.S.C. 78s(b)(1), the period during particular proposed rule change, then which the Commission must issue an Text of Amendment the delegation of authority to approve or order approving or disapproving the ■ For the reasons set out in the disapprove that proposal is withdrawn, proposed rule change and to determine preamble, title 17, chapter II of the Code and the Director shall either present a whether such longer period is of Federal Regulations is amended as recommendation to the Commission or appropriate and publish the reasons for follows: institute pursuant to delegated authority such determination. proceedings to determine whether the (58) Pursuant to section 19(b)(3)(C) of proposed rule change should be PART 200—ORGANIZATION; the Act, 15 U.S.C. 78s(b)(3)(C), to disapproved. In addition, pursuant to CONDUCT AND ETHICS; AND temporarily suspend a change in the section 19(b)(10) of the Act, 15 U.S.C. INFORMATION AND REQUESTS rules of a self-regulatory organization. 78s(b)(10), to notify a self-regulatory ■ 1. The authority citation for part 200, organization that a proposed rule * * * * * subpart A, continues to read in part as change does not comply with the rules Dated: October 6, 2010. follows: of the Commission relating to the By the Commission. Authority: 15 U.S.C. 77o, 77s, 77sss, 77d, required form of a proposed rule 78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37, change, and to determine that a Elizabeth M. Murphy, 80b–11, and 7202, unless otherwise noted. proposed rule change is unusually Secretary. * * * * * lengthy and complex or raises novel [FR Doc. 2010–25642 Filed 10–8–10; 8:45 am] ■ 2. Section 200.30–3 is amended by: regulatory issues and to inform the self- BILLING CODE 8011–01–P

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62468 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

DEPARTMENT OF HEALTH AND support approval of this application susceptible strains of Streptococcus equi HUMAN SERVICES may be seen in the Division of Dockets ssp. zooepidemicus. Management (HFA–305), Food and Drug (iii) Limitations. Do not use in horses Food and Drug Administration Administration, 5630 Fishers Lane, rm. intended for human consumption. 1061, Rockville, MD 20852, between 9 Dated: October 5, 2010. 21 CFR Part 522 a.m. and 4 p.m., Monday through Bernadette Dunham, [Docket No. FDA–2010–N–0002] Friday. Director, Center for Veterinary Medicine. Under section 512(c)(2)(F)(iii) of the [FR Doc. 2010–25527 Filed 10–8–10; 8:45 am] Implantation and Injectable Dosage Federal Food, Drug, and Cosmetic Act BILLING CODE 4160–01–P Form New Animal Drugs; Ceftiofur (21 U.S.C. 360b(c)(2)(F)(iii)), this Crystalline Free Acid approval qualifies for 3 years of marketing exclusivity beginning on the AGENCY: Food and Drug Administration, date of approval. DEPARTMENT OF HOMELAND SECURITY HHS. The agency has determined under 21 ACTION: Final rule; technical CFR 25.33 that this action is of a type Coast Guard amendment. that does not individually or cumulatively have a significant effect on SUMMARY: 33 CFR Part 117 The Food and Drug the human environment. Therefore, Administration (FDA) is amending the neither an environmental assessment [Docket No. USCG–2010–0861] animal drug regulations to reflect nor an environmental impact statement Drawbridge Operation Regulations; approval of a supplemental new animal is required. Saugatuck River, Saugatuck, CT drug application (NADA) filed by This rule does not meet the definition Pharmacia & Upjohn Co., a Division of of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because AGENCY: Coast Guard, DHS. Pfizer, Inc. The supplemental NADA it is a rule of ‘‘particular applicability.’’ provides for veterinary prescription use ACTION: Notice of temporary deviation Therefore, it is not subject to the from regulations. of ceftiofur crystalline free acid congressional review requirements in 5 suspension in swine, by intramuscular U.S.C. 801–808. SUMMARY: The Commander, First Coast injection, for the control of swine Guard District, has issued a temporary respiratory disease (SRD) in groups of List of Subjects in 21 CFR Part 522 deviation from the regulation governing pigs where SRD has been diagnosed. Animal drugs. the operation of the Saga Railroad DATES: This rule is effective October 12, ■ Therefore, under the Federal Food, Bridge across the Saugatuck River, mile 2010. Drug, and Cosmetic Act and under 1.1, at Saugatuck, Connecticut. The FOR FURTHER INFORMATION CONTACT: authority delegated to the Commissioner deviation is necessary to facilitate Cindy L. Burnsteel, Center for of Food and Drugs and redelegated to scheduled rehabilitation maintenance at Veterinary Medicine (HFV–130), Food the Center for Veterinary Medicine, 21 the bridge. Under this deviation the and Drug Administration, 7500 Standish CFR part 522 is amended as follows: bridge may remain in the closed Pl., Rockville, MD 20855, 240–276– position from October 1, 2010 through 8341, e-mail: PART 522—IMPLANTATION OR October 17, 2010. [email protected]. INJECTABLE DOSAGE FORM NEW DATES: This deviation is effective with constructive notice from October 12, SUPPLEMENTARY INFORMATION: Pharmacia ANIMAL DRUGS & Upjohn Co., a Division of Pfizer, Inc., 2010 through October 17, 2010, and for ■ 1. The authority citation for 21 CFR enforcement with actual notice from 235 East 42d St., New York, NY 10017, part 522 continues to read as follows: filed a supplement to NADA 141 235 for October 1, 2010 through October 12, 2010. EXCEDE (ceftiofur crystalline free acid) Authority: 21 U.S.C. 360b. for Swine Sterile Suspension. The ■ 2. In § 522.313a, add a second ADDRESSES: Documents mentioned in supplemental NADA provides for the sentence to paragraph (e)(1)(ii) and this preamble as being available in the veterinary prescription use of ceftiofur revise paragraph (e)(3) to read as docket are part of docket USCG–2010– crystalline free acid suspension in follows: 0861 and are available online at swine, by intramuscular injection, for http://www.regulations.gov, inserting the control of SRD associated with § 522.313a Ceftiofur crystalline free acid. USCG–2010–0861 in the ‘‘Keyword’’ and Actinobacillus pleuropneumoniae, * * * * * then clicking ‘‘Search.’’ They are also Pasteurella multocida, Haemophilus (e) * * * available for inspection or copying at parasuis, and Streptococcus suis in (1) * * * the Docket Management Facility (M–30), groups of pigs where SRD has been (ii) * * * For the control of SRD U.S. Department of Transportation, diagnosed. The application is approved associated with A. pleuropneumoniae, West Building Ground Floor, Room as of September 15, 2010, and the P. multocida, H. parasuis, and S. suis in W12–140, 1200 New Jersey Avenue, SE., regulations are amended in 21 CFR groups of pigs where SRD has been Washington, DC 20590, between 9 a.m. 522.313a to reflect the approval. In diagnosed. and 5 p.m., Monday through Friday, addition, the regulations are amended to * * * * * except Federal holidays. specify which strength of two approved (3) Horses. The formulation described FOR FURTHER INFORMATION CONTACT: If formulations is approved for use in in paragraph (a)(2) of this section is you have questions on this rule, call or horses. This is being done to improve used as follows: e-mail Ms. Judy K. Leung-Yee, Project the accuracy of the regulations. (i) Amount. Two intramuscular Officer, First Coast Guard District, In accordance with the freedom of injections, 4 days apart, at a dose of 3.0 telephone (212) 668–7165, judy.k.leung- information provisions of 21 CFR part mg/lb (6.6 mg/kg) body weight. [email protected]. If you have questions on 20 and 21 CFR 514.11(e)(2)(ii), a (ii) Indications for use. For the viewing the docket, call Renee V. summary of safety and effectiveness treatment of lower respiratory tract Wright, Program Manager, Docket data and information submitted to infections in horses caused by Operations, telephone 202–366–9826.

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62469

SUPPLEMENTARY INFORMATION: The Saga DATES: This deviation is effective from may do so provided they contact the Railroad Bridge across the Saugatuck November 1, 2010 through April 26, contractor, J.F. White, Mr. Greg Labrum, River at mile 1.1, has a vertical 2011. via land line at 508–879–4700 or cell clearance of 13 feet at mean high water ADDRESSES: Documents mentioned in phone at 617–719–7150, to arrange a and 20 feet at mean low water. The this preamble as being available in the transit. drawbridge operation regulations are docket are part of docket USCG–2010– Waterway users were advised of the listed at 33 CFR 117.221(b). 0847 and are available online at requested bridge and channel closure The owner of the bridge, Metro North www.regulations.gov, inserting USCG– and offered no objection. Railroad, requested a temporary 2010–0847 in the ‘‘Keyword’’ and then In accordance with 33 CFR 117.35(e), deviation from the regulations to clicking ‘‘Search.’’ They are also the bridge must return to its regular facilitate scheduled maintenance, track available for inspection or copying at operating schedule immediately at the tie replacement, from October 1, 2010 the Docket Management Facility (M–30), end of the designated time period. This through October 17, 2010. U.S. Department of Transportation, deviation from the operating regulations The normal waterway users are West Building Ground Floor, Room is authorized under 33 CFR 117.35. predominantly recreational craft of W12–140, 1200 New Jersey Avenue, SE., Dated: September 28, 2010. various sizes. Under this temporary deviation the Washington, DC 20590, between 9 a.m. Gary Kassof, Saga Railroad Bridge may remain in the and 5 p.m., Monday through Friday, Bridge Program Manager, First Coast Guard closed position from October 1, 2010 except Federal holidays. District. through October 17, 2010, to facilitate FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2010–25498 Filed 10–8–10; 8:45 am] rehabilitation maintenance at the bridge. you have questions on this rule, call or BILLING CODE 9110–04–P Vessels that can pass under the bridge e-mail Mr. John W. McDonald, Project in the closed position may do so at any Officer, First Coast Guard District, time. telephone (617) 223–8364, DEPARTMENT OF HOMELAND Waterway users were advised of the [email protected]. If you have SECURITY requested bridge and channel closure questions on viewing the docket, call Coast Guard and offered no objection. Renee V. Wright, Program Manager, In accordance with 33 CFR 117.35(e), Docket Operations, telephone 202–366– the bridge must return to its regular 9826. 33 CFR Part 117 operating schedule immediately at the SUPPLEMENTARY INFORMATION: The [Docket No. USCG–2010–0907] end of the designated time period. This Craigie Bridge across the Charles River deviation from the operating regulations at mile 1.0, has a vertical clearance of Drawbridge Operation Regulations; is authorized under 33 CFR 117.35. 10.25 feet at normal pool elevation. The Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY, Dated: September 28, 2010. drawbridge operation regulations are Maintenance Gary Kassof, listed at 33 CFR 117.591(e). During the rehabilitation construction Bridge Program Manager, First Coast Guard AGENCY: Coast Guard, DHS. the Craigie Bridge will provide a vertical District. ACTION: clearance of 17.41 feet at normal pool Notice of temporary deviation [FR Doc. 2010–25494 Filed 10–8–10; 8:45 am] elevation from November 15, 2010 from regulations. BILLING CODE 9110–04–P through January 19, 2011, and 10.25 feet SUMMARY: The Commander, First Coast at normal pool elevation from January Guard District, has issued a temporary DEPARTMENT OF HOMELAND 20, 2011 through April 26, 2011. deviation from the regulation governing SECURITY The operator of the bridge, the the operation of the Greenpoint Avenue Massachusetts Department of Bridge across Newtown Creek, mile 1.3, Coast Guard Transportation, requested a temporary New York. The deviation allows the deviation from the regulations to bridge to remain in the closed position 33 CFR Part 117 facilitate scheduled rehabilitation for seven days to facilitate bridge maintenance from November 1, 2010 rehabilitation maintenance. [Docket No. USCG–2010–0847] through April 26, 2011. DATES: This deviation is effective from The normal waterway users are Drawbridge Operation Regulations; October 26, 2010 through November 1, predominantly recreational craft of Charles River, Boston, MA, 2010. various sizes and commercial tour boats Maintenance that operate from April through ADDRESSES: Documents mentioned in AGENCY: Coast Guard, DHS. November. The waterway is normally this preamble as being available in the docket are part of docket USCG–2010– ACTION: Notice of temporary deviation frozen from late December through 0907 and are available online at from regulations. March each year. Under this temporary deviation the http://www.regulations.gov, inserting SUMMARY: The Commander, First Coast Craigie Bridge may remain in the closed USCG–2010–0907 in the ‘‘Keyword’’ and Guard District, has issued a temporary position from November 1, 2010 then clicking ‘‘Search.’’ They are also deviation from the regulation governing through April 26, 2011, to facilitate available for inspection or copying at the operation of the Craigie Bridge rehabilitation maintenance at the bridge. the Docket Management Facility (M–30), across the Charles River, mile 1.0, at From November 1 through November U.S. Department of Transportation, Boston, Massachusetts. The deviation is 14, 2010, a work barge will be located West Building Ground Floor, Room necessary to facilitate scheduled under the bridge blocking the entire W12–140, 1200 New Jersey Avenue, SE., rehabilitation maintenance at the bridge. channel from vessel access while the Washington, DC 20590, between 9 a.m. Under this deviation the bridge may bridge lift spans are removed. and 5 p.m., Monday through Friday, remain in the closed position from From November 15, 2010 through except Federal holidays. November 1, 2010 through April 26, April 26, 2011, vessels that can pass FOR FURTHER INFORMATION CONTACT: If 2011. under the bridge in the closed position you have questions on this rule, call or

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62470 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

e-mail Ms. Judy Leung-Yee, Project ENVIRONMENTAL PROTECTION http://www.regulations.gov or in hard Officer, First Coast Guard District, AGENCY copy for public inspection during [email protected], telephone normal business hours at the Regulatory (212) 668–7165. If you have questions 40 CFR Part 52 Development Section, Air Planning on viewing the docket, call Renee V. [EPA–R04–OAR–2007–0228–201038; FRL– Branch, Air, Pesticides and Toxics Wright, Program Manager, Docket 9212–6] Management Division, U.S. Operations, telephone 202–366–9826. Environmental Protection Agency, Approval and Promulgation of Region 4, 61 Forsyth Street, SW., SUPPLEMENTARY INFORMATION: The Implementation Plans and Atlanta, Georgia 30303–8960. Greenpoint Avenue Bridge, across Designations of Areas for Air Quality FOR FURTHER INFORMATION CONTACT: Newtown Creek at mile 1.3, at New Planning Purposes; Tennessee: Royce Dansby-Sparks, Regulatory York, has a vertical clearance in the Knoxville; Determination of Attaining Development Section, Air Planning closed position of 26 feet at mean high Data for the 1997 8-Hour Ozone Branch, Air, Pesticides and Toxics water and 31 feet at mean low water. Standards Management Division, U.S. The drawbridge operation regulations Environmental Protection Agency, AGENCY: Environmental Protection are listed at 33 CFR 117.801(g)(1). Agency (EPA). Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Mr. The owner of the bridge, New York ACTION: Final rule. City Department of Transportation Dansby-Sparks may be reached by phone at (404) 562–9187 or via (NYCDOT), requested a temporary SUMMARY: On February 19, 2010, the State of Tennessee, through the electronic mail at dansby- deviation from the regulations to [email protected]. facilitate the completion of scheduled Tennessee Department of Environment bridge rehabilitation maintenance and Conservation (TDEC), submitted a SUPPLEMENTARY INFORMATION: request to EPA to make a determination previously authorized for two six-week I. What action is EPA taking? that the Knoxville, Tennessee closures from July 5, 2010 through II. What is the effect of this action? nonattainment area for the 1997 8-hour III. What is EPA’s final action? August 13, 2010, and from August 30, ozone National Ambient Air Quality IV. What is the effective date? 2010, through October 8, 2010. The first Standards (NAAQS) has attained these V. What are the statutory and executive order six-week closure was not implemented standards based on quality assured, reviews? due to materials not being fabricated in quality controlled monitoring data from I. What action is EPA taking? time. The second six-week closure was 2007 through 2009. The Knoxville 1997 EPA is determining that the Knoxville implemented but unfinished work 8-hour ozone nonattainment area is Area (comprised of Anderson, Blount, remains to be completed. This comprised of Anderson, Blount, Jefferson, Knox, Loudon, and Sevier temporary deviation will allow the work Jefferson, Knox, Loudon, and Sevier Counties in their entireties, and the to be completed within a one-week Counties in their entireties, and the portion of Cocke County that falls portion of Cocke County that falls bridge closure period. within the boundary of the Great Smoky within the boundary of the Great Smoky Under this temporary deviation the Mountains National Park) has attaining Mountains National Park (hereafter Greenpoint Avenue Bridge may remain data for the 1997 8-hour ozone NAAQS. referred to as ‘‘the Knoxville Area’’). In in the closed position from October 26, This determination is based upon this action, EPA is taking final action to 2010 through November 1, 2010. Vessels quality assured, quality controlled and determine that the Knoxville Area has certified ambient air monitoring data that can pass under the bridge in the attained the 1997 8-hour ozone NAAQS. that shows the Knoxville Area has closed position may do so at any time. This determination is based upon monitored attainment of the 1997 8- Waterway users were advised of the complete, quality assured, quality hour ozone NAAQS based on the 2007– requested bridge closures and offered no controlled, and certified ambient air 2009 data. objection. monitoring data for the years 2007–2009 Other specific requirements of the In accordance with 33 CFR 117.35(e), showing that the Knoxville Area has determination and the rationale for the bridge must return to its regular monitored attainment of the 1997 8- EPA’s final action are explained in the operating schedule immediately at the hour ozone NAAQS. This final action is notice of proposed rulemaking (NPR) consistent with the CAA, and EPA end of the designated time period. This published on August 3, 2010 (75 FR policy and guidance. deviation from the operating regulations 45568) and will not be restated here. DATES: is authorized under 33 CFR 117.35. Effective Date: This final rule is The comment period closed on effective on October 12, 2010. September 2, 2010. No comments, Dated: September 28, 2010. ADDRESSES: EPA has established a adverse or otherwise, were received in Gary Kassof, docket for this action under Docket ID response to the NPR. Bridge Program Manager, First Coast Guard Number EPA–R04–OAR–2007–0228. All District. documents in the docket are listed in II. What is the effect of this action? [FR Doc. 2010–25497 Filed 10–8–10; 8:45 am] the http://www.regulations.gov Web This final action, in accordance with BILLING CODE 9110–04–P site. Although listed in the electronic 40 CFR 51.918, suspends the docket, some information is not publicly requirements for this area to submit available, i.e., confidential business attainment demonstrations, associated information (CBI) or other information reasonably available control measures whose disclosure is restricted by statute. (RACM), reasonable further progress Certain other material, such as plans (RFP), contingency measures, and copyrighted material, is not placed on other planning SIPs related to the Internet and will be publicly attainment of the 1997 8-hour ozone available only in hard copy form. NAAQS as long as this Area continues Publicly available docket materials are to meet the 1997 8-hour ozone NAAQS. available either electronically through Finalizing this action does not

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62471

constitute a redesignation of the adjust their behavior and prepare before methods, under Executive Order 12898 Knoxville Area to attainment for the the final rule takes effect. Where, as (59 FR 7629, February 16, 1994). 1997 8-hour ozone NAAQS under here, the final rule relieves obligations In addition, this rule does not have section 107(d)(3) of the Clean Air Act rather than imposes obligations, affected tribal implications as specified by (CAA). Further, finalizing this action parties, such as the State of Tennessee Executive Order 13175 (65 FR 67249, does not involve approving and the Knox County Department of Air November 9, 2000), because the SIP is maintenance plans for the Area as Quality Management, do not need time not approved to apply in Indian country required under section 175A of the to adjust and prepare before the rule located in the state, and EPA notes that CAA, nor does it involve a takes effect. it will not impose substantial direct determination that the Area has met all requirements for a redesignation. V. What are statutory and executive costs on tribal governments or preempt order reviews? tribal law. III. What is EPA’s final action? Under the CAA, the Administrator is The Congressional Review Act, 5 EPA is determining that the Knoxville required to approve a SIP submission or U.S.C. 801 et seq., as added by the Small Area has attaining data for the 1997 8- State request that complies with the Business Regulatory Enforcement hour ozone NAAQS. This determination provisions of the Act and applicable Fairness Act of 1996, generally provides is based upon quality assured, quality Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the controlled, and certified ambient air 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must monitoring data showing that the submissions or state requests, EPA’s role submit a rule report, which includes a Knoxville Area has monitored is to approve state choices, provided copy of the rule, to each House of the attainment of the 1997 8-hour ozone that they meet the criteria of the CAA. Congress and to the Comptroller General NAAQS during the period 2007–2009. Accordingly, this action merely of the United States. EPA will submit a This final action, in accordance with 40 approves state law as meeting Federal report containing this action and other CFR 51.918, will suspend the requirements and does not impose required information to the U.S. Senate, requirements for this Area to submit additional requirements beyond those the U.S. House of Representatives, and attainment demonstrations, associated imposed by state law. For that reason, the Comptroller General of the United RACM, RFP plans, contingency this action: States prior to publication of the rule in measures, and other planning SIPs • Is not a ‘‘significant regulatory the Federal Register. A major rule related to attainment of the 1997 8-hour action’’ subject to review by the Office cannot take effect until 60 days after it ozone NAAQS as long as the Area of Management and Budget under is published in the Federal Register. continues to meet the 1997 8-hour Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as ozone NAAQS. October 4, 1993); defined by 5 U.S.C. 804(2). IV. What is the effective date? • Does not impose an information Under section 307(b)(1) of the CAA, An expedited effective date for this collection burden under the provisions petitions for judicial review of this action is authorized under both 5 U.S.C. of the Paperwork Reduction Act (44 action must be filed in the United States 553(d)(1), which provides that rule U.S.C. 3501 et seq.); Court of Appeals for the appropriate • actions may become effective less than Is certified as not having a circuit by December 13, 2010. Filing a 30 days after publication if the rule significant economic impact on a petition for reconsideration by the ‘‘grants or recognizes an exemption or substantial number of small entities Administrator of this final rule does not relieves a restriction’’ and section 5 under the Regulatory Flexibility Act affect the finality of this action for the U.S.C. 553(d)(3), which allows an (5 U.S.C. 601 et seq.); purposes of judicial review nor does it • effective date less than 30 days after Does not contain any unfunded extend the time within which a petition publication ‘‘as otherwise provided by mandate or significantly or uniquely for judicial review may be filed, and the agency for good cause found and affect small governments, as described shall not postpone the effectiveness of published with the rule.’’ EPA finds that in the Unfunded Mandates Reform Act such rule or action. This action, there is good cause for this approval to of 1995 (Pub. L. 104–4); pertaining to the determination of become effective upon publication. • Does not have Federalism attaining data for the 1997 8-hour ozone Approval of a clean data implications as specified in Executive standard for the Knoxville Area, may determination relieves the obligation for Order 13132 (64 FR 43255, August 10, not be challenged later in proceedings to the State of Tennessee to submit for the 1999); enforce its requirements. (See section Knoxville Area an attainment • Is not an economically significant 307(b)(2)). demonstration and associated RACM, regulatory action based on health or List of Subjects in 40 CFR Part 52 RFP plan, contingency measures, and safety risks subject to Executive Order any other SIP-related planning 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air requirements to attainment of the 1997 • Is not a significant regulatory action pollution control, Ozone, Volatile 8-hour ozone NAAQS provided the Area subject to Executive Order 13211 (66 FR organic compounds. does not monitor any violations of the 28355, May 22, 2001); • Dated: September 27, 2010. ozone standard. The relief from these Is not subject to requirements of Gwendolyn Keyes Fleming, obligations is sufficient reason to allow Section 12(d) of the National Regional Administrator, Region 4. an expedited effective date of the rule Technology Transfer and Advancement under 5 U.S.C. 553(d)(1). In addition, Act of 1995 (15 U.S.C. 272 note) because ■ Accordingly, 40 CFR part 52 is Tennessee’s relief from these obligations application of those requirements would amended as follows: provides good cause to make this rule be inconsistent with the CAA; and effective immediately upon publication, • Does not provide EPA with the PART 52—[AMENDED] pursuant to 5 U.S.C. 553(d)(3). The discretionary authority to address, as purpose of the 30-day waiting period appropriate, disproportionate human ■ 1. The authority citation for part 52 prescribed in 5 U.S.C. 553(d) is to give health or environmental effects, using continues to read as follows: affected parties a reasonable time to practicable and legally permissible Authority: 42 U.S.C. 7401 et seq.

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62472 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

Subpart RR—Tennessee ADDRESSES: For access to the docket to specifically provide for a transition read background documents, go to period to implement the 21-month ■ 2. Section 52.2235 is amended by http://www.regulations.gov. application process or provide an adding paragraph (c) to read as follows: FOR FURTHER INFORMATION CONTACT: interim transition period. MARAD does Murray A. Bloom, Chief, Division of not believe a change to the regulation § 52.2235 Control strategy: Ozone. Maritime Programs, Office of Chief with regard to a transition period is * * * * * Counsel, Maritime Administration, 1200 required, as the Interim Final Rule (c) Determination of Attaining Data. New Jersey Ave., SE., Washington, DC already provides the agency with the EPA has determined, as of October 12, 20590; Ph. (202) 366–5320, fax: (202) flexibility to adjust due dates on a case- 2010 the Knoxville, Tennessee 366–3511; or e-mail by-case basis. Please see Section 389.4 nonattainment area has attaining data [email protected]. Application and fee, paragraph (2), for the 1997 8-hour ozone NAAQS. This specifically, ‘‘(2) MARAD reserves the determination, in accordance with 40 SUPPLEMENTARY INFORMATION: A notice right to waive or reduce or extend the CFR 51.918, suspends the requirements of proposed rulemaking was published time requirements based upon its for this area to submit an attainment on August 15, 2005 (70 FR 47771). evaluation of any national emergency or demonstration, associated reasonably Three years later an interim final rule other situation.’’ available control measures, a reasonable was published on May 29, 2008 (73 FR Item #4: MARAD also received further progress plan, contingency 30783). comments requesting that: (a) The 21- measures, and other planning SIPs Public Comments Discussion month advance-notice period be ruled related to attainment of the standards unrealistic, (b) offshore contractors and In the Interim Final Rule published for as long as this area continues to meet foreign vessel owners, in addition to on May 29, 2008, MARAD offered the the 1997 8-hour ozone NAAQS. platform owners and operators, should public the opportunity to submit be allowed to apply for waivers, (c) the [FR Doc. 2010–25461 Filed 10–8–10; 8:45 am] comments, which were due by July 28, time period for which a waiver is valid BILLING CODE 6560–50–P 2008. Based on consideration of should be extended to project comments received, MARAD made completion instead of being limited to changes incorporated into this final 120 days, and (d) that it be clarified that DEPARTMENT OF TRANSPORTATION rule. MARAD has the authority to approve an MARAD received three sets of incomplete application for ‘‘good cause’’ Maritime Administration comments on the Interim Final Rule in certain circumstances. from three entities. A summary of the Maritime Administration: The issues 46 CFR Part 389 comments received and MARAD’s addressed in items (a) and (b) have been [Docket No. MARAD–2008–0045] responses follows: discussed and reviewed in previous Item #1: Two commenters noted that comment periods. In response to item RIN 2133–AB67 the enabling legislation provided that (c), the Interim Final Rule already Determination of Availability of launch barge work can be conducted by allows MARAD to extend a waiver Coastwise-Qualified Vessels for the any coastwise-qualified vessel, not granted for good cause, which the Transportation of Platform Jackets exclusively coastwise-qualified launch agency finds satisfactory. Regarding barges. item (d), because the Interim Final Rule AGENCY: Maritime Administration, DOT. Maritime Administration: MARAD allows for flexibility in the application ACTION: Final rule. changed the final rule to reflect that a of deadlines and waiver time periods, coastwise-qualified vessel may meet the and because MARAD may give the SUMMARY: The Maritime Administration definition of a launch barge even if it is applicant an opportunity to redress any (MARAD) is publishing this final rule to not capable of launching a platform deficiencies in its application, there is establish regulations governing jacket or needs the assistance of other enough flexibility to effectively administrative determinations of coastwise-qualified vessels in the administer the application process availability of coastwise-qualified installation of a platform jacket. under the public law. Therefore, no rule vessels to be used in the transportation Item #2: Two commenters pointed out changes were made based on the and, if needed, launch or installation of that the Interim Final Rule contained no comments noted above. offshore oil drilling or production incentive for a project owner to search Section 27 of the Merchant Marine platform jackets in specified projects in good faith for available coastwise- Act of 1920, commonly known as the only. MARAD views this as a special, qualified services. Jones Act (46 U.S.C. 55102), requires, technical adjustment that does not Maritime Administration: The rule with a few exceptions, that all cargo indicate a change in MARAD’s full has been amended to require a good transported in the coastwise trade be support for other requirements of the faith search for a coastwise-qualified carried on ships that are U.S.-owned coastwise laws. vessel. Refusal to attempt to obtain and U.S.-built. In 1988 the Jones Act Specifically, this final rulemaking coastwise-qualified vessel services will was amended to allow for the use of implements provisions of Public Law result in an application being foreign-built platform jacket launch 108–293 (2004) (the Act) which requires disapproved. barges in the coastwise trade if no U.S.- the Secretary of Transportation, acting Item #3: One commenter noted that built vessels were found to be available. through the Maritime Administrator, to the Interim Final Rule contained no Subsequently, Section 417 of the Coast adopt procedures to maximize use of transition period to implement the 21- Guard and Maritime Transportation Act coastwise-qualified vessels, but would month application process and of 2004, Public Law 108–293 (the Act), permit the use of non-coastwise- recommended an interim transition codified at 46 U.S.C. 55108, directed the qualified (foreign) launch barges if it is period that would require companies Secretary of Transportation to establish determined that coastwise-qualified with offshore projects to make their procedures to issue determinations as to vessels are not available. intentions known at an early time. whether suitable U.S.-built vessels are DATES: This final rule will be effective Maritime Administration: MARAD available for use in transportation and, November 12, 2010. did not amend the regulation to if needed, launch or installation of

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62473

offshore oil drilling or production If a platform owner/operator is unable The primary guidance for structures (platform jackets), and to to find a potential coastwise-qualified implementation of the IOAA is the maximize use of U.S.-built coastwise- vessel, it may apply for a determination Office of Management and Budget qualified vessels for such activities. The of non-availability of a coastwise- (OMB) Circular No. A–25 (‘‘User Act provides that if the Secretary qualified vessel once MARAD Charges,’’ July 8, 1993). Circular A–25, determines that a suitable coastwise- determines that the prior notice section 6, directs agencies to charge qualified vessel is not available for use requirement has been met. Applications identifiable recipients for special in specified platform jacket must include the complete engineering benefits derived from Federal activities transportation or a launch or installation specifications for the platform jacket to beyond those received by the general project, a foreign launch barge may be be transported, operational details for public. Circular A–25 further directs used. An Interim Final Rule (73 FR the loading, transport, launching or agencies, with limited exceptions, to 30783) implementing this Act was installation, timing requirements, and recover the full cost of providing a published on May 29, 2008, which the foreign launch barge proposed to be Government service from the direct MARAD is now making final. used. recipients of special benefits. ‘‘Full cost’’ Upon receipt of a complete is defined as including ‘‘all direct and Program Description application, including deposit fee, indirect costs to any part of the Federal In this rulemaking, MARAD is MARAD will publish a notice in the Government of providing a good, establishing procedures to determine if Federal Register requesting that resource, or service.’’ coastwise-qualified vessels are available comments and information on the Because determinations of availability for transportation of platform jackets availability of coastwise-qualified under Part 389 represent special and if coastwise-qualified vessels are vessels be submitted within 30 days. benefits to identifiable recipients (i.e., not available, the procedures by which MARAD will provide a final platform owners/operators) that are MARAD will make a determination determination within 90 days thereafter. beyond the benefits and services allowing a foreign launch barge to MARAD may also canvas the market. If, normally received by the general public, transport and, if needed, launch or after the comment period, the agency the IOAA and Circular A–25 direct install a platform jacket under certain determines that a suitable coastwise- MARAD to assess user fees for conditions. qualified vessel is not available for the providing this service. MARAD will request coastwise- project, upon receipt of final payment The main cost components of the for all associated costs, MARAD will qualified launch barge owners, determination process include direct issue a determination of non- operators, and other potentially and indirect personnel costs and availability, allowing the transportation, interested parties, to register with Federal Register publication costs. launch or installation to proceed by MARAD on an annual basis with their MARAD will charge for the actual means of the foreign-built launch barge. full contact information. number of hours at the relevant hourly MARAD will not act on incomplete rates, plus associated overhead and The registration process for platform applications. For example, without owners/operators begins with administrative costs. MARAD will also evidence of early notification, or if fees charge the applicant for the cost of notification to MARAD of a proposed are not paid, or if an application is offshore platform jacket project to be publishing notices of application in the otherwise incomplete, MARAD will not Federal Register. As of October 1, 2010, submitted at the same time an owner/ act on the application. However, the operator files with the Bureau of Ocean the Federal Register publication cost agency will request the applicant’s will be $159 per column and the average Energy Management, Regulation and rectification of application errors and Enforcement for Development and length of a public notice published for omissions. MARAD may reject a request this program is estimated to be three Production Plan (DPP) or Development for a determination if the application Operations Coordination Document columns. Thus, the total average remains incomplete. publication cost currently is estimated (DOCD) approval. Registration must be Applicants are encouraged to provide to be about $477.00. The total of at least 21 months before projected use MARAD and the public with as much personnel costs and Federal Register of a foreign launch barge. The notice as possible in advance of projects publication costs is estimated to range notification information provided to requiring platform transportation from $500 to $20,000 or more, MARAD must include the projected services because vessels capable of depending upon the extent of the summary specifications of the platform transporting platform jackets have long required review. Each application will jacket to be transported and, if needed, lead times for construction. Early require a $500 deposit and payment of launched or installed, the approximate notification will help ensure maximum any additional costs prior to final date of the operation, and contact utilization of coastwise-qualified vessels determination. information for the platform owner/ and assist MARAD in its review process. operator representatives having Rulemaking Analyses and Notices decision-making responsibility with Application Fee respect to the transportation and Title V of the Independent Offices Executive Order 12866 and DOT installation of the platform jacket. This Appropriations Act of 1952 (IOAA) (31 Regulatory Policies and Procedures information will be made available to U.S.C. 9701) authorizes Federal agencies This rulemaking is not significant the public in order to ‘‘provide timely to establish and collect user fees. The under section 3(f) of Executive Order information to ensure maximum use of statute provides that each service or 12866, and as a consequence, the Office coastwise qualified vessels’’ as is thing of value provided by an agency of Management and Budget did not required by the Act. At the same time, should be self-sustaining to the extent review the rule. This rulemaking is also MARAD will provide the current list of possible, and that each charge shall be not significant under the Regulatory potentially interested registered vessel fair and based on the costs to the Policies and Procedures of the owner/operators to the platform owner/ Government, the value of the service or Department of Transportation (44 FR operator so it can begin canvassing the thing to the recipient, the policy or 11034; February 26, 1979). It is also not market and entering into discussions for interest served, and other relevant considered a major rule for purposes of service. factors. 31 U.S.C. 9701. Congressional review under Public Law

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62474 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

104–121. MARAD believes that the Environmental Impact Statement, nor a List of Subjects in 46 CFR Part 389 economic impact of this rulemaking is Finding of No Significant Impact for this Administrative practice and so minimal as to not warrant the rulemaking is required. This rulemaking procedure, Maritime carriers, Reporting preparation of a full regulatory will not result, either individually or and recordkeeping requirements. evaluation because it establishes cumulatively, in a significant impact on ■ Accordingly, the interim rule procedures to determine if a coastwise- the environment. This rulemaking only amending 46 CFR part 389 which was qualified vessel is available for use in a relates to the determination of whether published at 73 FR 30783 on May 29, project and, if not, to allow the use of a coastwise-qualified vessel is available 2008, is adopted as a final rule with the a foreign launch barge. for a project, and, if not, allows for use following changes. The Maritime Executive Order 13132 of a foreign launch barge. Administration revises part 389 to read MARAD analyzed this rulemaking in Paperwork Reduction Act as follows: accordance with the principles and PART 389—DETERMINATION OF criteria contained in Executive Order The rulemaking does not require AVAILABILITY OF COASTWISE- 13132 (Federalism) and determined that Paperwork Reduction Act clearance by QUALIFIED VESSELS FOR it does not have sufficient federalism the Office of Management and Budget TRANSPORTATION OF PLATFORM implications to warrant the preparation (OMB) because the collection is limited JACKETS of a federalism summary impact in scope to fewer than ten respondents. statement. The regulations herein have Unfunded Mandates Reform Act Sec. no substantial effects on the States, the 389.1 Purpose. current Federal-State relationship, or This rulemaking does not impose 389.2 Definitions. the current distribution of power and unfunded mandates under the 389.3 Registration. responsibilities among local officials. Unfunded Mandates Reform Act of 389.4 Application and fee. 389.5 Review; issuance of determinations. Therefore, MARAD did not consult with 1995. It does not result in costs of $100 State and local officials because it was million or more to either State, local, or Authority: 49 U.S.C. 322(a); 46 U.S.C. not necessary. tribal governments, in the aggregate, or 55102; 46 U.S.C. 55108; Public Law 108–293, Regulatory Flexibility Act to the private sector, and is the least 118 Stat 1028; and 49 CFR 1.66. burdensome alternative that achieves The Regulatory Flexibility Act § 389.1 Purpose. this objective of U.S. policy. requires MARAD to assess the impact This part prescribes regulations that regulations will have on small Executive Order 13175 implementing the provisions of section entities. After analysis of this final rule, 417 of Public Law 108–293, which the Maritime Administrator certifies MARAD believes that this regulation grants the Secretary of Transportation, that this final rule will not have a will have no significant or unique effect acting through the Maritime significant economic impact on a on the communities of Indian tribal Administrator, the authority to review substantial number of small entities. governments when analyzed under the and approve applications for MARAD anticipates that few, if any, principles and criteria contained in determination of availability of small entities will participate in this Executive Order 13175 (Consultation coastwise-qualified vessels. Owners or process due to the nature of the and Coordination with Indian Tribal operators of proposed platform jackets shipping industry and the capital costs Governments). Therefore, the funding may submit information regarding a associated with vessels to be considered and consultation requirements of this specific platform jacket transport, within this rule. Executive Order do not apply. placement and/or launch project, Environmental Assessment Regulation Identifier Number (RIN) following the procedures set forth in this regulation, in order for the Maritime MARAD has analyzed this final rule A regulation identifier number (RIN) Administration to determine whether a for purposes of compliance with the is assigned to each regulatory action suitable coastwise-qualified vessel is National Environmental Policy Act of listed in the Unified Agenda of Federal available for the project. If the agency 1969 (NEPA) (42 U.S.C. 4321 et seq.) Regulations. The Regulatory Information determines that a project owner has and has concluded that this rule is not Service Center publishes the Unified registered as required herein and sought expected to have a significant effect on Agenda in April and October of each in good faith to meet its transportation the human and natural environment, year. The RIN contained in the heading needs using U.S. flag vessels in individually or cumulatively, and is of this document can be used to cross- compliance with the Jones Act, and that categorically excluded from further reference this action with the Unified a suitable coastwise qualified vessel is documentation requirements under the Agenda. not available, then a foreign launch NEPA by Maritime Administrative barge may be used. Order 600–1, ‘‘Procedures for Privacy Act Considering Environmental Impacts,’’ 50 § 389.2 Definitions. FR 11606 (March 22, 1985), Categorical Anyone is able to search the For the purposes of this Part: Exclusion No. 3. In pertinent part, electronic form of all comments Administrator means the Maritime Categorical Exclusion No. 3 applies to received in any of MARAD’s dockets by Administrator. promulgation of rules, regulations, the name of the individual submitting Applicant means the offshore directives, and amendments thereto the comment, or signing the comment, development person, entity, or company which do not require a regulatory if submitted on behalf of an association, as identified to the Bureau of Ocean impact analysis under section 3 of business, labor union, etc. DOT’s Energy Management, Regulation and Executive Order 12291 or do not have complete Privacy Act Statement is Enforcement in its Development a potential to cause a significant effect available for review in the Federal Production Plan (DPP) or Development on the environment. Register published on April 11, 2000 Operations Coordination Document Accordingly, neither the preparation (Volume 65, Number 70; Pages 19477– (DOCD), which has applied to the of an Environmental Assessment, an 78) and at www.regulations.gov. Maritime Administration for a waiver.

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62475

Classed as a launch barge by a Maritime Administration will require submitted either electronically to recognized classification Society means early notification as outlined in this [email protected] or delivered to that the vessel holds a current section. the Secretary, Maritime Administration, classification document to be used as a (a) Registration of coastwise-qualified 1200 New Jersey Avenue, SE., launch barge by at least one of the vessel for platform jacket transportation. Washington, DC 20590. Any following classification societies: In January of each calendar year, the information that is business confidential American Bureau of Shipping (ABS), Maritime Administration will publish a must be so identified and accompanied Bureau Veritas (BV), Lloyd’s Register notice in the Federal Register by a justification for that (LR), Germanischer Lloyd (GL), Det requesting that owners or operators or characterization. Norske Veritas (DNV) or Registro potential owners or operators of (e) The Maritime Administration will Italiano Navale (RINA). coastwise-qualified launch barges, or publish a list of potential coastwise- Coastwise-qualified vessel means a other interested parties notify the qualified launch barge owners/operators vessel that has been issued a certificate agency of: on the agency’s Web site at http:// of documentation with a coastwise (1) Their interest in participating in MARAD.dot.gov. The Maritime endorsement under 46 U.S.C. 12112. the transportation and, if needed, the Administration will publish a summary Coastwise Trade Laws include: launching or installation of offshore of early notification information (1) The Coastwise Endorsement platform jackets; delineated by paragraph (c) of this Provision of the Vessel Documentation (2) Provide the agency with their section on its Web site and also Laws (46 U.S.C. 12112); contact information; and, disseminate it to registered potential (2) The Passenger Vessel Services Act, (3) Provide specifications of any coastwise-qualified launch barge section 8 of the Act of June 19, 1886 (46 currently owned or operated coastwise- owners/operators and other interested U.S.C. 55103); qualified launch barges or plans to parties. (3) The Jones Act, section 27 of the construct same. § 389.4 Application and fee. Merchant Marine Act, 1920 (46 U.S.C. (b) Registration requirement for 55102); and transportation of platform jackets when (a) When, after surveying the market (4) Section 2(c) of the Shipping Act of non-coastwise-qualified vessels may be and discussing the platform project with 1916 (46 U.S.C. 50501). required. When a current or potential potential coastwise-qualified vessel Foreign launch barge, for the purpose owner or operator of any type of owners/operators, it appears that of this part, means a non-coastwise- offshore exploration, development, or coastwise-qualified vessels will not be qualified launch barge that was built production structure expects to require available for a project, the platform before December 31, 2000, and has a the use of a non-coastwise-qualified jacket owner/operator may apply to the launch capacity of 12,000 long tons or vessel in the transportation of a platform Maritime Administration for a more. jacket it must notify the Maritime determination of non-availability and Launch barge means a vessel that is Administration. Such notification must request authority to use a foreign launch technically capable of transporting and, be on the earlier of either: barge. if needed, launching or installing an (1) The date of filing of the (b) A complete application must be offshore drilling or production platform Development and Production Plan submitted to the Secretary, Maritime jacket, provided that a coastwise- (DPP) or Development Operations Administration, 1200 New Jersey qualified vessel may meet this Coordination Document (DOCD) with Avenue, SE., Washington, DC 20590 at definition even if it is not capable of the Bureau of Ocean Energy least 120 days prior to the proposed launching such a platform jacket, and Management, Regulation and platform jacket transportation date. (1) The Maritime Administration even if it requires the involvement of Enforcement as required by 30 CFR reserves the right to waive, reduce, or one or more other vessels in connection 250.201; or extend the time requirements based with the installation of such a platform (2) A date not later than twenty-one upon its evaluation of any national jacket. (21) months before the proposed date of emergency or other relevant A long ton equals 2,240 pounds. using a non-coastwise qualified vessel Platform jacket refers to a single consideration. for transportation of a platform jacket. (c) Applications must contain the physical component and includes any (c) The early notification information information set forth in paragraphs (c) type of offshore exploration, to be provided to the Maritime and (d) of this section and be development, or production structure or Administration by a platform owner or accompanied by a statement signed by component thereof, including platform operator shall include: an officer of the applicant containing jackets, tension leg, or SPAR platform (1) A summary of technical details of the platform jacket to be transported the following language: superstructures (including the deck, ‘‘This application is made for the and, if needed, launched or installed; drilling rig and support utilities, and purpose of inducing the United States of (2) The projected physical supporting structure), hull (including America to grant a determination of specification of a suitable vessel to be vertical legs and connecting pontoons or non-availability of a coastwise-qualified used in the project; vertical cylinder), tower and base vessel as set forth in 46 U.S.C. 55108. sections of a platform jacket, jacket (3) The projected time period, and load and destination sites, for the I have carefully examined the structures, and deck modules (known as application and all documents ‘‘ ’’ platform jacket transportation; and topsides ). submitted and, to the best of my Secretary means the Secretary of the (4) Full contact information for the knowledge, information and belief, the Maritime Administration. applicant and its representatives having decision-making authority with respect statements and representations § 389.3 Registration. to the utilization of vessels for contained in said application and In order to provide timely notification transportation and, if needed, the related documents are full, complete, and to identify potential participants to launching or installation of a platform accurate and true. Further, I agree to pay each other so they may examine how jacket. any fees that result from the work they can best work together to maximize (d) The information in paragraphs (a), required by this application. use of coastwise-qualified vessels, the (b), and (c) of this section must be Signature: llllllllllllllll

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62476 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

Name (typed): llllllllllllll (3) A signed statement that the LR, GL, DNV, RINA). Maritime Title: llllllllllllllllll applicant represents that the foregoing Administration review will not verify Date: llllllllllllllllll information is true to the best of the the accuracy or correctness of an (d) The applicant must submit a non- applicant’s knowledge and belief, as applicant’s engineering proposal; rather, refundable check in the amount of $500 required by paragraph (b) of this section. it will only pertain to the general (f) The Maritime Administration may (Five Hundred Dollars) made payable to reasonableness and soundness of the require additional information from an the Maritime Administration, which is a technical approach. applicant as part of the review process. minimum fee and represents a deposit (e) The Maritime Administration will The application will not be considered against any cost to the Government for disapprove the application if: complete until the agency has received processing the application. The (1) The agency finds the applicant all required information. applicant must also submit a signed does not comply with requirements set forth by § 389.3 or § 389.4; or statement (see paragraph (c) of this § 389.5 Review; issuance of section) that it agrees to pay all such determinations. (2) The agency finds that the applicant refused to attempt to obtain additional costs that will be invoiced by (a) The Maritime Administration will transportation services that comply with the Government. Government costs will review each application for the Jones Act; or be billed for actual staff hours spent at completeness, including evidence of (3) The agency determines a suitable applicable hourly rates plus overhead, prior notification and payment of the coastwise-qualified vessel is reasonably administrative and other associated application fee. Applications will not be available. costs. processed until deemed complete. The (f) The Maritime Administration will (e) Required platform jacket Maritime Administration will notify an issue a determination of non-availability transportation project information. applicant if additional information is if it is determined that no suitable (1) Applications must include a necessary. The agency encourages coastwise-qualified vessel is reasonably general description of the transport, submission of applications well in placement and/or launch project, available. advance of project dates in order to (g) A determination will be issued including: allow sufficient time for review under (i) A description of the platform jacket within ninety (90) days from the date this part. the application notice was published in structure with launching weight, center (b) The Maritime Administration will the Federal Register. of gravity, major dimensions, and a review the information required by (h) A determination of non- general arrangement plan, Section 389.4. When the application is availability will expire one-hundred and (ii) The projected loading date and deemed complete, the agency will twenty (120) days after the date of site, publish a notice in the Federal Register issuance, unless the agency provides an (iii) The projected transportation date describing the project and platform extension for good cause shown. and destination site, jacket involved, advising that all (iv) The names of potential coastwise- (i) Maritime Administration relevant information reasonably qualified vessel owners/operators determinations in this regard should not necessary to assess the transportation contacted and their responses regarding be interpreted as a change setting new requirements will be made available to suitability and availability of Federal maritime precedents. The interested parties upon request. The transportation vessels, and Maritime Administration fully supports notice will request that information on (v) The technical merits and the Jones Act, the Passenger Vessel the availability of coastwise-qualified availability studies of coastwise- Services Act, and other Federal U.S.-flag vessels be submitted within thirty (30) qualified vessels considered. requirements. (2) Characteristics of the applicant’s days after the publication date. The Dated: September 30, 2010. desired foreign launch barge, including, Maritime Administration will also at a minimum, the following notify coastwise-qualified owners/ By order of the Maritime Administrator. information: operators who have registered with per Christine S. Gurland, (i) Name of the vessel, § 389.3. Secretary, Maritime Administration. (ii) Registered owner of the vessel, (c) The Maritime Administration will [FR Doc. 2010–25229 Filed 10–8–10; 8:45 am] (iii) Physical dimensions, deadweight review any submissions whereby an BILLING CODE 4910–81–P capacity in long tons, ballasting offeror owner or operator of a coastwise- capacities and arrangements, and qualified vessel asserts it is available launch capacity in long tons and and will facilitate discussions between FEDERAL COMMUNICATIONS arrangements, the offeror and a platform jacket owner/ COMMISSION (iv) Documentation showing operator who requires transportation classification as a launch barge by one services. If the parties are unable to 47 CFR Part 15 of the following classification societies: reach agreement, the Maritime American Bureau of Shipping (ABS), Administration will make a [ET Docket No. 98–153 and 04–352; FCC 10–151] Bureau Veritas (BV), Lloyd’s Register determination regarding vessel (LR), Germanischer Lloyd (GL), Det availability. Ultra-Wideband Transmission Systems Norske Veritas (DNV) or Registro (d) If needed, the Maritime Italiano Navale (RINA). Administration’s technical personnel AGENCY: Federal Communications (v) Date and place of construction of will review data required by § 389.4. Commission. the foreign launch barge and (if The data must be complete and current. ACTION: Final rule. applicable) rebuilding. If the applicant Any data submitted will not be returned is unable to document the origin of the to an applicant and will be retained by SUMMARY: This document reaffirms vessel, foreign construction will be the agency on file further to applicable certain rules and procedures for ultra- assumed. record retention directives. Maritime wideband (‘‘UWB’’) devices that operate (vi) Name, address, e-mail address Administration review will not on an unlicensed basis of the and telephone number of the foreign substitute for the review or approval by Commission’s rules. This action launch vessel owner. a major classification society (ABS, BV, terminates the Ultra-Wideband

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62477

Transmission Systems proceeding and interference to C-band fixed satellite that gate the transmitted signal, to be thus provides certainty for the and cellular operations. measured with the transmitter operating continued development of UWB in its normal transmission mode. This Background equipment, including ground action waived the UWB measurement penetrating radars for underground 2. On February 14, 2002, the requirements not only for Multi-band imaging, through wall imaging systems, Commission adopted the First Report OFDM Alliance Special Interest Group short-range high capacity data links, and and Order (‘‘First R&O’’) in ET Docket (‘‘MBOA–SIG’’) but also for any UWB other applications. No. 98–153, 67 FR 34852, May 16, 2002, device using hopped, stepped or DATES: Effective November 12, 2010. amending part 15 of its rules to permit sequenced modulation techniques or the marketing and the unlicensed FOR FURTHER INFORMATION CONTACT: that gates the transmittal signal. Karen Ansari, Policy and Rules operation of products incorporating UWB technology. UWB devices operate SIA Petition for Reconsideration of the Division, Office of Engineering and Second MO&O Technology, (202) 418–2431, e-mail: in frequency bands that are allocated [email protected]. both to Federal and to non-Federal 5. I/N Level and Alion Report. SIA operations, including certain frequency asserts, as it has on previous occasions SUPPLEMENTARY INFORMATION: This is a bands where unlicensed devices in this rulemaking proceeding, that the summary of the Commission’s Third generally are restricted from power limit adopted for UWB devices is Memorandum Opinion and Order and transmitting, i.e., the restricted not sufficient to protect C-band FSS Memorandum Opinion and Order, ET frequency bands, due to the extremely earth stations from interference because, Docket No. 98–153 and ET Docket No. wide bandwidths UWB devices use. in devising this power limit, the 04–352, adopted August 10, 2010, and Consequently, before the Commission Commission’s analysis relied on a 0 dB released August 11, 2010. The full text adopted its technical and operational interference-to-noise ratio (‘‘I/N’’) for of this document is available on the rules for UWB devices, it evaluated earth station receivers, which SIA states Commission’s Internet site at http:// several measured and simulated is too high. SIA also disagrees with the www.fcc.gov. It is also available for analyses regarding the potential for Commission’s conclusion in the Second inspection and copying during regular UWB devices to cause harmful MO&O that the Alion interference study business hours in the FCC Reference interference to the authorized services. was based on multiple worst-case Center (Room CY–A257), 445 12th 3. Two additional orders were assumptions that were not realistic and Street, SW., Washington, DC 20554. The adopted in response to several Petitions thus did not support modifying the full text of this document also may be for Reconsideration. On February 13, UWB power limits. SIA further asserts purchased from the Commission’s 2003, the Commission adopted a that the Commission’s reliance on duplication contractor, Best Copy and Memorandum Opinion and Order and complaint procedures to protect FSS Printing Inc., Portals II, 445 12th St., Further Notice of Proposed Rule Making stations from interference from UWB SW., Room CY–B402, Washington, DC (‘‘MO&O’’ and ‘‘FNRPM’’) in ET Docket devices, as discussed in the Second 20554; telephone (202) 488–5300; fax No. 98–153, 68 FR 19746 and 68 FR MO&O, is ineffective. Opposing (202) 488–5563; e-mail 19773, April 22, 2003, addressing comments were filed by Freescale [email protected]. fourteen Petitions for Reconsideration of Semiconductor, Inc. (‘‘Freescale’’), and the First R&O and proposing changes to joint supporting comments were filed by Summary of the Third Memorandum the UWB regulations. On December 15, Fox Broadcasting Company, Fox Cable Opinion and Order and Memorandum 2004, the Commission adopted the Networks and Home Box Office, Inc. Opinion and Order Second R&O and Second MO&O, (‘‘Fox et al.’’). 1. In this Third Memorandum addressing the proposals in the FNPRM 6. While SIA states that its petition is Opinion and Order, the Commission in addition to denying the Petitions for a Petition for Recondiseration of the dismisses as procedurally defective a Reconsideration of the MO&O filed by Second R&O and Second MO&O, it does Petition for Reconsideration filed by the Cingular and by SIA. In the Second not address any changes to the Satellite Industry Association (‘‘SIA’’) in MO&O, the Commission also addressed regulations that were adopted in the response to the Second Report and the interference analysis submitted by Second R&O portion of that document. Order and Second Memorandum the Coalition of C-Band Constituents SIA is essentially making the same Opinion and Order (‘‘Second R&O’’ and (‘‘Coalition’’). The Coalition had arguments here that it made in its ‘‘Second MO&O’’) in ET Docket No. 98– contracted with Alion Science and Petition for Reconsideration of the 153, 70 FR 6771, February 9, 2005, that Technology (‘‘Alion’’) to determine Order, asserting that the Alion Report argues that the power level adopted for what, if any, interference potential supports the need to modify the UWB UWB devices is too high to protect exists to Fixed Satellite Service (‘‘FSS’’) technical requirements. The C-band (3.7–4.2 GHz) fixed satellite reception from UWB operation. The Commission explained in the Second service (‘‘FSS’’) earth stations from Commission found that the test report MO&O that its reasons for recalculating interference. In this Memorandum on this matter (‘‘Alion Report’’) was the analysis in the Alion study were Opinion and Order, the Commission based on multiple worst-case and based on its rejection of the application also dismisses in part and denies in part unrealistic assumptions and provided of a signal aggregation factor for UWB a Petition for Reconsideration filed by no justification to warrant reducing the devices and its rejection of the SIA and denies a Petition for allowed UWB emission levels in the assumption that most UWB devices Reconsideration filed by Cingular FSS frequency band. would operate outdoors in proximity to Wireless LLC (‘‘Cingular’’) (now AT&T) 4. On March 10, 2005, the FSS earth stations. As the Commission in response to the Order (‘‘Order’’) in ET Commission adopted an Order granting indicated in the Second MO&O, the Docket No. 04–352. Both petitions argue a waiver of the measurement procedures inclusion of either of these factors was that the waiver granted by the Order of to permit emissions from UWB sufficient to demonstrate that there was the measurement procedures for UWB transmitters operating in the 3.1–5.03 no need to modify the UWB emission devices operating in the 3.1–5.03 GHz GHz and 5.65–10.6 GHz bands that limits to protect FSS earth stations. SIA and 5.65–10.6 GHz bands would employ frequency hopping or stepped presents no new arguments or significantly increase the potential for frequency modulation techniques, or information in its Third Reconsideration

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62478 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

Petition—it merely disagrees with the frequency, frequency hopping, or swept submitted simulated and actual test data Commission’s analysis and conclusion. frequency transmissions, and that their demonstrating that the interference Further, SIA is essentially requesting interference aspects had not been potential of frequency hopped or reconsideration of an Order denying a evaluated based on the different stepped systems, measured in their petition for reconsideration. In that measurement results that would be normal operating modes, is less than action, however, the Commission did obtained from measurements taken with that of a UWB transmitter employing not make any changes to the UWB the system operating in its normal impulse modulation. In addition, NTIA regulations. Accordingly, pursuant to 47 operating mode. At the time the and the Commission developed detailed CFR 1.429(i), the Commission is Commission adopted the UWB rules, its measurement procedures for frequency dismissing this portion of SIA’s Third rules already required that frequency hopping and stepped frequency Reconsideration Petition as repetitious. swept devices be measured with the systems. 7. Reliance on Complaint Procedure frequency sweep stopped at the 10. In reaching its decision to adopt to Protect FSS. SIA protests that the frequency chosen for the measurements the waiver, the Commission recognized Commission’s complaint procedures reported. With respect to the First R&O, that the interference aspects of a would not be effective for addressing the Commission adopted a rule transmitter employing frequency claims of interference from UWB specifying measurement procedures for hopping, stepped frequency devices to FSS earth stations, and thus UWB devices using pulsed gated modulation, or gating are quite similar, requests that the Commission modify modulation schemes, which were under as viewed by a receiver, in that the UWB power limits to reduce the development at that time, requiring transmitters using these burst formats likelihood of interference. SIA’s concern measurements to be made with the appear to the receiver to emit for a short is based on the Commission’s statement pulse train gated on if the transmitter is period of time followed by a quiet in the Second MO&O that it will quiescent for intervals that are long period. The Commission thus monitor the situation and will take compared to the nominal pulse concluded that any requirement to stop whatever appropriate action is repetition. The Commission, consistent the frequency hop, band sequencing, or necessary to ensure that UWB operation with its existing regulations, also system gating serves only to add another does not result in harmful interference adopted a rule stating that it may unnecessary level of conservatism to to FSS receivers. This statement was consider alternative measurement already stringent UWB standards. made in conjunction with the procedures. The Commission stated, but Accordingly, the Commission granted a Commission’s conclusion that the Alion did not codify in the rules, that UWB waiver of the measurement procedures, Report did not justify a reduction in the transmitters employing stepped permitting the emissions from UWB UWB emission levels in the FSS frequency, frequency hopping, or swept transmitters that employ frequency frequency band, i.e., that UWB devices frequency transmissions need to be hopping or stepped frequency were not a potential threat of harmful measured with the step, hopping, or modulation techniques, or that gate the interference to FSS operations. The sweep function disabled and with the transmitted signal, to be measured with Commission’s acknowledgement that it transmitter operating continuously at a the transmitter operating in its normal will continue to monitor this situation fundamental transmission frequency. transmission mode. This allows the and investigate any interference measurements to account for the time complaints from unlicensed UWB 9. Subsequent to the adoption of the averaging during which the UWB devices to authorized services is UWB standards, on August 26, 2004, the emitter is not transmitting. consistent with Commission regulations MBOA–SIG filed a petition for waiver of 11. On April 11, 2005, Cingular and and policies and is not by itself a basis the UWB measurement procedures as SIA filed Petitions for Reconsideration for reconsidering the UWB emission applied to UWB systems employing of the Order requesting that it be limits that were adopted in the First multiband orthogonal frequency vacated. SIA also requested that R&O. Further, SIA’s Third division multiplexing (‘‘MB–OFDM’’) operation of UWB devices under the Reconsideration Petition is requesting modulation, which is a stepped or terms of the Order not be allowed in the reconsideration of an action that sequenced modulation scheme, 3650–4200 MHz band used for satellite responded to a petition for operating in the 3.1–5.03 GHz and 5.65– downlinks, pending the outcome of reconsideration, but does not address 10.6 GHz bands. MBOA–SIG requested NTIA studies of interference from UWB any changes that were made to the UWB a waiver of the measurement procedures devices to satellite digital television regulations. Accordingly, consistent for such systems, as discussed in receivers in this band. Supporting with 47 CFR 1.429(i), the Commission is paragraph 32 of the First R&O. MBOA– comments were filed by Sprint dismissing this portion of SIA’s Third SIG also requested a waiver of the Corporation (‘‘Sprint’’) and supporting Reconsideration Petition. measurement procedure in 47 CFR reply comments were filed by Cingular 15.521(d), as adopted in the First R&O, and by SIA. Opposing comments were SIA and Cingular Petitions for for pulse gated systems to the extent filed by the WiMedia Alliance Reconsideration of the Order that this rule applied to MB–OFDM (‘‘WiMedia-MBOA’’). 8. When the Commission adopted its systems. Freescale Semiconductor, Inc. 12. Cingular and SIA raise various UWB regulations in 2002, it established (‘‘Freescale’’), which produces a UWB objections to support their central standards that were technically neutral, device based on a direct-sequence argument that the waiver of the UWB permitting the use of any type of spreading of binary-phase-shift-keyed measurement procedures will technology or modulation technique pulses (‘‘DS–UWB’’) employing pulse effectively and significantly increase the that resulted in the transmitter’s gating techniques, requested that the potential for harmful interference from compliance with the minimum Commission extend any waiver of the UWB devices. SIA also argues that bandwidth specification and the limits measurement rules and procedures to multiple studies demonstrate that the on radiated emissions. The Commission permit any UWB device to be measured existing UWB power limits expose FSS recognized in the First R&O that in its normal operating mode so as to receivers to unacceptable interference, measurement procedures had not been retain technical neutrality in the and it continues to request the established to address transmitters, Commission’s UWB regulations. In application of a -20 dB I/N as a UWB or otherwise, employing stepped support of its request, MBOA–SIG protection requirement for FSS

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62479

operation. This portion of SIA’s petition parties. It is important to note that no Congressional Review Act or the is merely a request to reconsider the changes were made to the emission Regulatory Flexibility Act. Accordingly, standards adopted in the First R&O. The standards on which the non-interference this portion of Cingular’s petition is Commission rejects SIA’s petition on probability of UWB devices is based. denied. this same issue. Because SIA’s petition Rather, the Commission relaxed an 16. Argument that the waiver for reconsideration raises the same overly conservative measurement increases the threat of harmful arguments as its earlier petition and procedure that artificially constrained interference by 6 dB or more. Cingular does not address any decision made in the emissions from UWB devices claims that the change in measurement the Order, the Commission dismisses employing certain modulation types to procedures allowed by the waiver this portion of its petition. The levels that were effectively below the effectively will increase the power Commission discussed in paragraphs levels permitted under the regulations. levels of UWB devices by 6 dB or more 17–19 of Third MO&O and MO&O the Further, only the portion of 47 CFR and will introduce additional other arguments raised by Cingular and 15.521(d) applicable to pulsed gated interference that cannot be mitigated SIA in their petitions for UWB devices was waived; the through error correction coding or other reconsideration of the Order and measurement procedure for swept means. Cingular argues that the OFDM conclude that the petitions offer no new frequency transmissions was not waveform addressed under the waiver evidence that would support vacating or waived. Thus, the Commission’s was not envisioned during the original changing the Order. Accordingly, these determination does not constitute rulemaking, that there were no petitions are being denied. ‘‘evisceration’’ of the rules. measurements or tests with this 13. Argument that the waiver violated technology, and that the waiver deviates 15. It is a well-established principle the Administration Procedure Act from the Commission’s policy of that the Commission will waive its rules (‘‘APA’’) and other statutes and proceeding cautiously with regulations. in specific cases only if it determines, eviscerates the rules. The Commission Cingular continues to contend that after careful consideration of all concludes that the waiver of the additional testing is needed to address pertinent factors, that such a grant measurement procedures for certain the impact on wideband receivers. It would serve the public interest without UWB devices does not constitute a rule argues that measurements or tests were undermining the policy which the rule in violation of the APA and that the not performed for the MB–OFDM in question is intended to serve. In the waiver does not ‘‘eviscerate’’ the rules. system nor was there an analysis of Order the Commission determined that Indeed, the Commission’s action is interference potential. SIA states that entirely consistent with its rules. The permitting use of the new measurement because the Commission believed that Commission permits the use of procedures was in the public interest the UWB emission limits were alternative measurement procedures, because it enabled a new technology to conservative, a view SIA does not share, provided the applicant can demonstrate be introduced to the market to the it thought that additional interference that the requested procedure is benefit of businesses and consumers. In could be permitted by granting the reasonable. For example, the addition, the Commission demonstrated waiver. Commission’s rules provide that the how granting the waiver would not 17. The petitioners’ arguments are Commission will accept measurement undermine the policy which the rule is based on a mistaken assertion that the data that meets various standards or intended to serve, i.e., the prevention of UWB emission limits were somehow procedures established and published harmful interference to the authorized relaxed as a result of the waiver. The by the Commission or recognized bodies radio services. Test information Commission did not change the as well as ‘‘any measurement procedure evaluating the interference potential of emission levels for UWB devices in the acceptable to the Commission * * * these emission types, based on Order. Instead, the Commission merely demonstrating compliance with [its] measurements performed with the allowed the use of different requirements * * *.’’ The Commission’s equipment in its normal operating mode measurement procedures that rule specifying measurement procedures was submitted by MBOA–SIG. Through demonstrate, consistent with our rules, for pulsed gated UWB devices, 47 CFR testing and interference analysis, that the devices comply with the power 15.521(d), also states that alternative MBOA–SIG provided convincing limits for UWB devices. measurement procedures may be information that the application of these 18. The UWB limits on radiated considered by the Commission. Even if test procedures to systems employing emissions were based on extensive and one considers the Commission’s MB–OFDM modulation would not extremely conservative analyses in the statements in the First R&O regarding result in an increased risk of harmful First R&O and on the supposition that measurement procedures for gated, interference. In the Order, the a transmitter would operate stepped frequency, frequency hopping Commission supplied a reasonable continuously within a single frequency or swept frequency transmissions to be explanation as to why a similar band. However, the MB–OFDM tantamount to a ‘‘published’’ application to DS–UWB systems also transmitter envisioned by MBOA–SIG measurement procedure, the would not result in an increased risk of hops to three different channel Commission’s rules clearly allow it to interference but would retain the frequencies. The transmission duty consider alternative measurement technical neutrality of the UWB cycle on a specific channel is 26 percent procedures for UWB devices without regulations. Thus, the Commission (5.9 dB). By requiring the emissions to conducting a rulemaking proceeding. concludes that the waiver granted in the be measured with the MB–OFDM 14. While the Commission could have Order permitting UWB transmitters transmitter operating continuously on addressed the measurement procedure employing frequency hopping, stepped the same operating frequency, the duty requested by MB–OFDM without a frequency or gated modulation cycle per channel is artificially notice and comment proceeding, it techniques to be measured in their increased to 100 percent and an believed that the prudent course of normal operating mode does not emission level is measured that is 5.9 action was to analyze MBOA–SIG’s constitute a violation of the APA. dB higher than what would be obtained request within the context of its waiver Further, as the Commission has not with the transmitter functioning in its standard. It issued a Public Notice and amended its rules, the issuance of the normal operating mode. Thus, Cingular entertained comments from interested subject waiver did not violate the is not correct that the waiver permits the

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62480 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

UWB emission levels to increase by 6 MBOA–SIG’s proposed system that greater or lesser interference than the dB or more. Rather, the measurement would result with and without the DS–UWB format. However, the procedures described in the First R&O frequency hopping stopped. In the Commission added that this issue is not for this type of transmission scheme Order, the Commission concluded that relevant to the request for waiver. What would require testing in an artificial the tests submitted by MBOA–SIG is important with regard to the waiver operating mode that results in the actual demonstrated that, under normal request is whether or not the MB–OFDM emissions from the MB–OFDM operating conditions, MBOA–SIG’s modulation format, when measured in transmitter being restricted to 5.9 dB proposed system does not increase the the normal operating mode, has a below the limits specified in the rules. potential for interference relative to a sufficiently greater interference The effect of the waiver is to provide a UWB transmitter using impulse potential than a UWB transmitter more realistic representation of the modulation. Based on that conclusion, employing impulse modulation so as to signal level actually produced by the the Commission concluded that there increase the risk of harmful interference. UWB device, permitting the UWB was no need for the additional testing While the comments argued this issue transmitters to function at the emission recommended by Cingular. based on different criteria, the levels permitted by the regulations. 22. In its Petition for Reconsideration, Commission rejected as improbable the 19. As stated in the Order, contrary to Cingular argues that the Commission theoretical analyses that were performed Cingular’s claims, the MBOA–SIG failed to address its comments assuming a zero background noise level, members conducted simulated and adequately because it did not conduct a zero bit error rate and a victim receiver actual testing of devices employing the the tests that Cingular recommended. with a bandwidth that is greater than MB–OFDM modulation format to The Commission disagrees. The the UWB band switching rate. Instead, demonstrate that, under normal Commission considered the record it favored the analysis from MBOA–SIG operating conditions, there is no greater fully, including Cingular’s arguments, in as being representative of an actual interference potential from an MB– determining whether additional testing operating system where the background OFDM UWB waveform than from an was needed. The Commission also noise level will mask a low level impulse-generated UWB waveform even explained fully why it concluded that undesired signal and bit error rates are when compliance with the emission MBOA–SIG’s proposed system did not greater than zero. Based on this real- limits is demonstrated with the increase the potential for interference world analysis and actual measured test frequency hop or step function active. relative to a UWB transmitter using data submitted by MBOA–SIG, the The Commission stated that these impulse modulation, and that, therefore, Commission stated that it was clear that results are consistent with the theory, as the additional tests recommended by the interference potential of the MB– expressed by NTIA, that RMS measured Cingular were unnecessary. OFDM format, based on compliance emission levels are proportional to the Accordingly, we find that the with the rules being demonstrated with measured bandwidth and the spectral Commission did consider Cingular’s the frequency hop active, is no greater power density, irrespective of pulse rate comments in this proceeding, and we than that of an impulse UWB emission. or modulation. Indeed, an integrated are denying this portion of Cingular’s Thus, contrary to the claims of the RMS measurement provides true petition. petitioners, the Commission did explain average power readings, even for non- 23. Furthermore, the Commission why it favored the MBOA–SIG analysis continuous signals such as frequency continues to conclude that there was no over that of the conflicting analysis from hopped UWB waveforms. Thus, the 6 justification to delay the outcome of this Freescale and did address the objections dB potential increase claimed by proceeding by requiring MBOA–SIG to to the petition. Cingular will not be seen by a victim perform the additional testing requested 25. The Commission also disagrees receiver and is irrelevant with regard to by Cingular in its comments responding with SIA’s statement that any increase interference potential. Instead, the to the MBOA–SIG Petition for Waiver. to the number of FSS symbols that victim receiver will see the RMS average By proposing testing of MBOA–SIG’s potentially could be affected by of that signal. This is the reason that the proposed system with the frequency interference due to the use of frequency Commission adopted RMS average hopping stopped, Cingular in effect hopping waveforms will also result in limits for UWB devices. advocated testing that system while harmful interference. In adopting rules 20. The Commission took a cautious artificially forced to operate at a 100 for UWB devices, the Commission chose approach throughout this proceeding, percent per channel duty cycle. MBOA– to rely on emission limits as the tool for limiting the applications for UWB and SIG’s proposed system is designed to preventing harmful interference adopting knowingly conservative operate at a 26 percent per channel duty irrespective of the duty cycle of the emission limits. This approach was not cycle. Testing such a system at a 100 UWB device or its specific modulation contravened by the waiver since no percent duty cycle will show an type. Because the waiver does not changes were made to the emission emission level that is 5.9 dB higher than change the emission limits, the masks. Cingular and SIA have provided it would be at a 26 percent duty cycle. Commission concludes that the no new information to support their However, such a test would be potential for harmful interference will claims of increased interference irrelevant, as it would not reflect the not be increased. Neither SIA nor potential and no arguments which actual operation of the equipment and Cingular provided any new information undermine our rationale in granting the would not be indicative of the demonstrating that the Commission waiver. Accordingly, these portions of interference potential of the UWB erred in its decision. Cingular’s and SIA’s Petitions for emissions 26. The Commission also disagrees Reconsideration are denied. 24. Argument that the Commission with SIA’s argument that application of 21. Argument that the Commission gave no weight to Freescale’s comments the waiver to all MB–OFDM devices and did not meaningfully respond to that contradicted the MBOA–SIG test to DS–UWB devices was overbroad. Cingular’s comments. In response to results and the waiver was overbroad. NTIA’s technical analyses clearly MBOA–SIG’s waiver request, Cingular As stated in the Order, several of the demonstrated that the average power of argued that the waiver could not be comments contained technical the transmitted signal, not its granted without tests comparing the discussions on whether or not the MB– instantaneous power such as would be measurements of transmissions from OFDM modulation format resulted in measured in a static mode, was the

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62481

appropriate basis for determining UWB devices will synchronize or UWB emissions, as shown in the interference potential. Further, this interleave their transmissions or that various interference analyses when reasoned analysis by the Commission there will be any aggregate or rational operating conditions are allowed for continued technology- cumulative effects from multiple UWB employed. This conclusion has been neutral treatment of various UWB transmitters operating in the same area. verified through the Alion interference design formats without undermining the Thus, no rule prohibiting such study submitted by the C-band Coalition policy which the rule is intended to operation is necessary. Accordingly, and through the analysis and real world serve, i.e., the prevention of harmful these portions of Cingular’s and SIA’s tests performed by MBOA–SIG. Further, interference to the authorized radio Petitions for Reconsideration are the completed ITS study, which services. Based on the above denied. analyzed whether there were discernible information, the Commission therefore 29. Argument that the Commission differences between different finds that these portions of SIA’s and needs to exclude operation in the 3.65– Cingular’s Petitions for Reconsideration 4.2 GHz band under the waiver, just as modulation formats that could be used are without merit and are denied. it did in the 5.03–5.65 GHz band, in UWB devices, does not alter our 27. Argument that Multiple devices pending completion of ITS testing. The conclusion that FSS C-band receivers operating in an area will synchronize Commission delayed implementation of are unlikely to suffer harmful and fill up the spectrum. There is no its waiver provisions on the 5.03–5.65 interference from UWB emissions. evidence or valid analysis to support GHz band, pending completion of the Accordingly, this portion of SIA’s Cingular’s claims that multiple, co- ITS study, solely as a matter of Petition for Reconsideration is denied. located UWB devices will synchronize deference to NTIA and not because of Ordering Clauses their transmissions. Freescale did make any demonstrated potential for harmful such claims in its comments to MBOA– interference to these systems. Such 32. Pursuant to Sections 4(i), 302, SIG’s Petition for Waiver. However, this action is within the Commission’s 303(f), 303(r), and 405 of the issue was specifically addressed by discretion. When spectrum, such as the Communications Act of 1934, as MBOA–SIG in its reply comments and 5.03–5.65 GHz band, is allocated for use amended, 47 U.S.C. 154(i), 302, 303(f), by Texas Instruments in its ex parte by Federal Government agencies, the 303(r), and 405, the Petition for comments. As they show in these Commission consults with NTIA on any Reconsideration from the Satellite findings, such synchronization would proposed non-Federal use of that require nanosecond time-scale spectrum. However, when spectrum is Industry Association in response to the synchronization between devices—an allocated exclusively for non-Federal Commission’s Second Report and Order improbable task, particularly if the operations, the Commission has and Second Memorandum Opinion and devices were attempting to monitor the exclusive jurisdiction to interpret and Order in ET Docket No. 98–153 is spectrum to determine open operating apply interference analyses and studies dismissed. windows. These transmitters are thus in determining emission limits and 33. The Petition for Reconsideration uncoordinated and will employ operating parameters. Because the from the Satellite Industry Association different on-off starting times, and Commission had already determined in in response to the Commission’s Order possibly different timing intervals, its rulemaking proceeding that there in ET Docket No. 04–352 is dismissed in which will be further degraded by was no potential for harmful part and denied in part. The Petition for timing drifts between the devices. interference to FSS reception, there was Reconsideration from Cingular Wireless Further, the Commission has already no need to delay implementing the LLC in response to the Commission’s demonstrated that SIA’s claims of waiver in the 3.65–4.2 GHz FSS band. Order in ET Docket No. 04–352 is cumulative interference are misplaced. 30. In addition, the Commission notes denied. Even if synchronization were possible, that Microwave Landing Systems the emissions from co-located operate in the 5.03–5.65 GHz band, 34. The Commission will not send a transmitters with synchronized which are used for precision approach copy of this Order, pursuant to the operations still would not be expected and landing of civilian and military Congressional Review Act. The to add linearly at a victim receiver as aircraft. The Commission finds that it Memorandum Opinion Order does not slight differences in path lengths due to was a reasonable exercise of its change any rules; it reaffirms certain multipath and other factors would skew discretion for the Commission to be rules and procedures for ultra-wideband any synchronization as well as the more cautious with respect to MLS (UWB) devices that operate on an levels of the received signals. If the because of the public safety function unlicensed basis under part 15 of the Commission assumes the unlikely that those systems serve. On the other Commission’s rules, and dismisses and condition where an FSS receiver will hand, while we agree with SIA that denies Petitions for Reconsideration. receive signals from multiple UWB commercial FSS merits protection from devices and that these UWB signals are interference in the 3.65–4.2 GHz band, 35. It is further ordered that ET Docket synchronized with respect to reception FSS generally does not serve the same No. 98–153 and 04–352 are terminated. by the FSS receiver and not by the UWB public safety function as MLS. Federal Communications Commission. receiver, three devices operating Accordingly, the Commission finds that Marlene H. Dortch, simultaneously on the three channels it was a reasonable exercise of the Secretary. would result in a maximum increase in Commission’s discretion for it to the received level of approximately 4.8 conclude based on the record in the [FR Doc. 2010–25591 Filed 10–8–10; 8:45 am] dB. This is exactly the same increase Order that granting MBOA–SIG’s waiver BILLING CODE 6712–01–P that would be caused by three impulse request with respect to 3.65–4.2 GHz devices operating under the same band would not create an unreasonable conditions. Therefore, waiving of the increase in the potential for interference measurement rule would not increase to FSS in that band. the likelihood of aggregation. 31. The Commission continues to 28. The Commission finds that there maintain that FSS C-band receivers are is no evidence from the petitioners that more than adequately protected from

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62482 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION PART 593—DETERMINATIONS THAT A Plan for Groundfish of the Gulf of VEHICLE NOT ORIGINALLY Alaska (FMP) prepared by the North National Highway Traffic Safety MANUFACTURED TO CONFORM TO Pacific Fishery Management Council Administration THE FEDERAL MOTOR VEHICLE under authority of the Magnuson- SAFETY STANDARDS IS ELIGIBLE Stevens Fishery Conservation and 49 CFR Part 593 FOR IMPORTATION Management Act. Regulations governing fishing by U.S. vessels in accordance ■ 1. The authority citation for part 593 [Docket No. NHTSA–2010–0125; Notice 2] with the FMP appear at subpart H of 50 continues to read as follows: CFR part 600 and 50 CFR part 679. List of Nonconforming Vehicles Authority: 49 U.S.C. 322 and 30141(b); The 2010 TAC of pollock in Statistical Decided To Be Eligible for Importation delegation of authority at 49 CFR 1.50. Area 620 of the GOA is 28,095 metric Appendix A to Part 593—[Amended] tons (mt) as established by the final AGENCY: National Highway Traffic 2010 and 2011 harvest specifications for ■ 2. Amend the table in Appendix A Safety Administration (NHTSA), DOT. groundfish of the GOA (75 FR 11749, titled ‘‘Vehicles Manufactured for Other March 12, 2010). ACTION: Correction to final regulations. Than the Canadian Market’’ as follows: ■ a. In the entry for Jeep Cherokee, In accordance with § 679.20(d)(1)(i), SUMMARY: This document contains a Model year 1997–1998 (VSP–516), the Regional Administrator has correction to final regulations published revise the second column to read determined that the 2010 TAC of in the Federal Register on Tuesday, ‘‘Cherokee (LHD)’’. pollock in Statistical Area 620 of the September 21, 2010, (75 FR 57396) that ■ b. In the entry for Jeep Cherokee, GOA will soon be reached. Therefore, revised the list of vehicles not originally Model year 1997–2001 (VSP–515), the Regional Administrator is manufactured to conform to the Federal revise the second column to read establishing a directed fishing Motor Vehicle Safety Standards ‘‘Cherokee (RHD)’’. allowance of 28,000 mt, and is setting aside the remaining 95 mt as bycatch to (FMVSS) that NHTSA has decided to be Issued on: September 30, 2010. eligible for importation. support other anticipated groundfish Marilena Amoni, fisheries. In accordance with DATES: This correction is effective on Associate Administrator for the National § 679.20(d)(1)(iii), the Regional October 12, 2010. Center for Statistics and Analysis. Administrator finds that this directed [FR Doc. 2010–25484 Filed 10–8–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: fishing allowance has been reached. BILLING CODE 4910–59–P Coleman Sachs, Office of Vehicle Safety Consequently, NMFS is prohibiting Compliance, NHTSA, (202) 366–3151. directed fishing for pollock in Statistical Area 620 of the GOA. SUPPLEMENTARY INFORMATION: The final DEPARTMENT OF COMMERCE After the effective date of this closure regulation contains a table listing the maximum retainable amounts at vehicles manufactured for other than National Oceanic and Atmospheric Administration § 679.20(e) and (f) apply at any time the Canadian market that NHTSA has during a trip. decided are eligible for importation into the United States based on their 50 CFR Part 679 Classification capability of being modified to conform [Docket No. 0910131362–0087–02] to all applicable FMVSS. The entry on This action responds to the best this list for model year 1997–1998 Jeep RIN 0648–XZ54 available information recently obtained Cherokee vehicles eligible for from the fishery. The Assistant Fisheries of the Exclusive Economic importation under vehicle eligibility Administrator for Fisheries, NOAA Zone Off Alaska; Pollock in Statistical number VSP–516 and the entry for (AA), finds good cause to waive the Area 620 in the Gulf of Alaska model year 1997–2001 Jeep Cherokee requirement to provide prior notice and opportunity for public comment vehicles eligible for importation under AGENCY: National Marine Fisheries vehicle eligible number VSP–515 pursuant to the authority set forth at 5 Service (NMFS), National Oceanic and U.S.C. 553(b)(B) as such requirement is erroneously state that both left-hand Atmospheric Administration (NOAA), drive (LHD) and right-hand drive (RHD) impracticable and contrary to the public Commerce. interest. This requirement is versions of those vehicles are eligible for ACTION: Temporary rule; closure. importation. These entries are corrected impracticable and contrary to the public interest as it would prevent NMFS from to show that only the left-hand drive SUMMARY: NMFS is prohibiting directed responding to the most recent fisheries (LHD) version of the model year 1997– fishing for pollock in Statistical Area data in a timely fashion and would 1998 Jeep Cherokee to which vehicle 620 in the Gulf of Alaska (GOA). This delay the closure of pollock in eligibility number VSP–516 pertains is action is necessary to prevent exceeding Statistical Area 620 of the GOA. NMFS eligible for importation, and that only the 2010 total allowable catch (TAC) of was unable to publish a notice the right-hand drive (RHD) version of pollock for Statistical Area 620 in the providing time for public comment the 1997–2001 Jeep Cherokee to which GOA. vehicle eligibility number VSP–515 because the most recent, relevant data DATES: Effective 1200 hrs, Alaska local pertains is eligible for importation. only became available as of October 5, time (A.l.t.), October 6, 2010, through 2010. List of Subjects in 49 CFR Part 593 2400 hrs, A.l.t., December 31, 2010. The AA also finds good cause to FOR FURTHER INFORMATION CONTACT: waive the 30-day delay in the effective Imports, Motor vehicle safety, Motor Obren Davis, 907–586–7228. date of this action under 5 U.S.C. vehicles. SUPPLEMENTARY INFORMATION: NMFS 553(d)(3). This finding is based upon ■ Accordingly, 49 CFR part 593 is manages the groundfish fishery in the the reasons provided above for waiver of corrected by making the following GOA exclusive economic zone prior notice and opportunity for public correcting amendments: according to the Fishery Management comment.

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62483

This action is required by § 679.20 Authority: 16 U.S.C. 1801 et seq. Dated: October 6, 2010. and is exempt from review under Carrie Selberg, Executive Order 12866. Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–25584 Filed 10–6–10; 4:15 pm] BILLING CODE 3510–22–P

VerDate Mar<15>2010 14:49 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00029 Fmt 4700 Sfmt 9990 E:\FR\FM\12OCR1.SGM 12OCR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 62484

Proposed Rules Federal Register Vol. 75, No. 196

Tuesday, October 12, 2010

This section of the FEDERAL REGISTER component/ As part of our evaluation of the contains notices to the public of the proposed main?main=DocketDetail&d=APHIS- Republic of Korea’s request, we issuance of rules and regulations. The 2009-0086 to submit or view comments prepared a pest risk assessment (PRA), purpose of these notices is to give interested and to view supporting and related titled ‘‘Importation of Shepherd’s Purse persons an opportunity to participate in the materials available electronically. (Capsella bursa-pastoris (L.) Medik.) rule making prior to the adoption of the final • rules. Postal Mail/Commercial Delivery: leaves and stems with roots from Please send one copy of your comment Republic of Korea into the United to Docket No. APHIS–2009–0086, States, A Pathway-Initiated Risk DEPARTMENT OF AGRICULTURE Regulatory Analysis and Development, Assessment’’ (October 2007). The PRA PPD, APHIS, Station 3A–03.8, 4700 evaluated the risks associated with the Animal and Plant Health Inspection River Road Unit 118, Riverdale, MD importation of shepherd’s purse into the Service 20737–1238. Please state that your United States from the Republic of comment refers to Docket No. APHIS– Korea. 7 CFR Part 319 2009–0086. The PRA identified 11 pests of [Docket No. APHIS–2009–0086] Reading Room: You may read any quarantine significance present in the comments that we receive on this Republic of Korea that could be RIN 0579–AD26 docket in our reading room. The reading introduced into the United States room is located in room 1141 of the through the importation of fresh Importation of Shepherd’s Purse With USDA South Building, 14th Street and shepherd’s purse with roots: Roots From the Republic of Korea Into Independence Avenue, SW., Insect pests: the United States Washington, DC. Normal reading room • Sawfly (Athalia rosae) • AGENCY: Animal and Plant Health hours are 8 a.m. to 4:30 p.m., Monday Leaf miner (Chromatomyia through Friday, except holidays. To be horticola) Inspection Service, USDA. • sure someone is there to help you, Turnip moth (Agrotis segetum) ACTION: Proposed rule. • please call (202) 690–2817 before American bollworm moth SUMMARY: We are proposing to amend (Helicoverpa armigera) coming. • the regulations concerning the Other Information: Additional Cabbage webworm moth (Hellula importation of fruits and vegetables to undalis, Fabricius) information about APHIS and its • allow the importation of fresh programs is available on the Internet at The cabbage moth (Mamestra shepherd’s purse with roots from the brassicae) http://www.aphis.usda.gov. • Republic of Korea into the United States Oriental leafworm moth FOR FURTHER INFORMATION CONTACT: Ms. (Spodoptera litura, Fabricius) under a combination of mitigations to Dorothy Wayson, Regulatory reduce the risk of introducing plant Nematodes: Coordination Specialist, PPQ, APHIS, • Hemicycliophora koreana pests. As a condition of entry, the 4700 River Road Unit 39, Riverdale, MD • shepherd’s purse would have to be Paratylenchus pandus 20737–1231; (301) 734–0627. • Rotylenchus orientalis produced in accordance with a systems SUPPLEMENTARY INFORMATION: • Rotylenchus pini approach that would include Based on the information contained in requirements for importation of Background the PRA, APHIS has determined that commercial consignments, pest-free The regulations in ‘‘Subpart—Fruits measures beyond standard port-of-entry place of production, removal of soil, and and Vegetables’’ (7 CFR 319.56–1 inspection are required to mitigate the inspection for quarantine pests by the through 319.56–50, referred to below as risks posed by these plant pests. To national plant protection organization of the regulations) prohibit or restrict the recommend specific measures to the Republic of Korea. The shepherd’s importation of fruits and vegetables into mitigate those risks, we prepared a risk purse would also have to be the United States from certain parts of management document (RMD). Copies accompanied by a phytosanitary the world to prevent the introduction of the PRA and RMD may be obtained certificate with an additional and dissemination of plant pests that are from the person listed under FOR declaration stating that it was grown, new to or not widely distributed within FURTHER INFORMATION CONTACT or packed, and inspected and found to be the United States. viewed on the Regulations.gov Web site free of pests in accordance with the The national plant protection (see ADDRESSES above for instructions proposed requirements. This action organization (NPPO) of the Republic of for accessing Regulations.gov). would allow the importation of fresh Korea has requested that the Animal Based on the recommendations of the shepherd’s purse with roots from the and Plant Health Inspection Service RMD, we are proposing to allow the Republic of Korea while continuing to (APHIS) amend the regulations to allow importation of shepherd’s purse with protect against the introduction of plant fresh shepherd’s purse with roots from roots from the Republic of Korea into pests into the United States. the Republic of Korea to be imported the continental United States only if DATES: We will consider all comments into the United States. Currently, that we receive on or before December shepherd’s purse without roots is listed in the Fruits and Vegetables Import 13, 2010. authorized for entry into the United Requirements database (available at http:// www.aphis.usda.gov/favir) in accordance with ADDRESSES: You may submit comments States from the Republic of Korea.1 by either of the following methods: § 319.56–4. The shepherd’s purse from the Republic • of Korea is also subject to the requirements listed Federal eRulemaking Portal: Go to 1 Conditions for the importation of shepherd’s in § 319.56–3 that are applicable to the importation http://www.regulations.gov/fdmspublic/ purse without roots from the Republic of Korea are of all fruits and vegetables.

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62485

they are produced in accordance with a § 319.56–2, are consignments that an commodities such as shepherd’s purse. systems approach. The systems inspector identifies as having been However, production and export data approach we are proposing would imported for sale and distribution. Such have been gathered from farmers and require that the shepherd’s purse with identification is based on a variety of wholesalers at Garak-tong market, one of roots be: indicators, including, but not limited to: the biggest wholesale agricultural • Grown in a pest-free place of Quantity of produce, type of packaging, markets in Seoul.2 Based on these data, production for quarantine nematodes, identification of grower or packinghouse yearly sales of shepherd’s purse at • Free from soil, on the packaging, and documents Garak-tong market have averaged 1,422 • Imported in commercial consigning the fruits or vegetables to a metric tons over the past 5 years. Most consignments only, and wholesaler or retailer. of the shepherd’s purse production in • Inspected by the NPPO of the Paragraph (d) of § 319.56–51 would the Republic of Korea is consumed Republic of Korea and found free of require that each consignment of domestically. During the same 5-year quarantine pests. shepherd’s purse with roots be period, an average of only 298 kilograms The shepherd’s purse with roots from accompanied by a phytosanitary per year were exported, i.e., 0.02 the Republic of Korea would also have certificate issued by the NPPO of the percent of reported production. to be accompanied by a phytosanitary Republic of Korea with an additional Expected initial exports to the United certificate with an additional declaration stating that the specific States under this proposed rule as declaration stating that the shepherd’s conditions of § 319.56–51 have been estimated by the NPPO of the Republic purse leaves and stems with roots in the met. of Korea is 24 metric tons, which is far consignment have been grown in a pest- The general requirements in the above the reported 2005–2009 export free place of production for quarantine regulations in § 319.56–3 provide that levels. Even with those higher export nematodes, have been inspected and all imported fruits and vegetables shall levels, based on the information found free of quarantine pests, and are be inspected, and shall be subject to presented in the analysis, we expect free from soil. such disinfection at the port of first affected entities would experience We are proposing to add the systems arrival as may be required by an minimal economic effects as a result of approach to the regulations in a new inspector. Section 319.56–3 also shepherd’s purse with roots arriving in § 319.56–51 governing the importation provides that any shipment of fruits and the United States from the Republic of of shepherd’s purse with roots from the vegetables may be refused entry if the Korea. Republic of Korea into the United shipment is so infested with plant pests We invite comment on our initial States. The mitigation measures in the that an inspector determines that it regulatory flexibility analysis, which is proposed systems approach are cannot be cleaned or treated. We believe posted with this proposed rule on the discussed in greater detail below. that the proposed conditions described Regulations.gov Web site (see Paragraph (a) of § 319.56–51 would above, as well as all other applicable ADDRESSES above for instructions for require that shepherd’s purse with roots requirements in § 319.56–3, would be accessing Regulations.gov) and may be be grown in places of production that adequate to prevent the introduction of obtained from the person listed under are registered with the NPPO of the plant pests into the United States FOR FURTHER INFORMATION CONTACT. Republic of Korea and that have been associated with fresh shepherd’s purse Executive Order 12988 determined free from nematodes. Their leaves and stems with roots from the relatively small size makes the Republic of Korea. This proposed rule would allow fresh nematodes difficult to detect through We have determined that these risk shepherd’s purse with roots to be regular inspections, so pest-free places management measures will provide an imported into the United States from the of production are necessary. Fields must appropriate level of phytosanitary Republic of Korea. If this proposed rule be certified free of the quarantine protection against pests of quarantine is adopted, State and local laws and nematodes by sampling and concern associated with fresh regulations regarding shepherd’s purse microscopic inspection of the samples shepherd’s purse leaves and stems with with roots imported under this rule by the Korean NPPO. The sampling and roots from the Republic of Korea. would be preempted while the plant is inspection protocol must be in foreign commerce. Fresh fruits are preapproved by APHIS. APHIS will Executive Order 12866 and Regulatory generally imported for immediate monitor the sampling and inspection Flexibility Act distribution and sale to the consuming records maintained by the Korean This proposed rule has been public and would remain in foreign NPPO. determined to be not significant for the commerce until sold to the ultimate Paragraph (b) of § 319.56–51 would purposes of Executive Order 12866 and, consumer. The question of when foreign require that shepherd’s purse with roots therefore, has not been reviewed by the commerce ceases in other cases must be be free from soil. This would also help Office of Management and Budget. addressed on a case-by-case basis. If this to prevent the introduction of We have prepared an initial proposed rule is adopted, no retroactive nematodes and insect pests into the regulatory flexibility analysis for this effect will be given to this rule, and this United States. proposed rule. The analysis examines rule will not require administrative Paragraph (c) of § 319.56–51 would the potential economic effects of this proceedings before parties may file suit state that shepherd’s purse with roots action on small entities, as required by in court challenging this rule. may be imported in commercial the Regulatory Flexibility Act. The Paperwork Reduction Act consignments only. Produce grown analysis identifies domestic producers commercially is less likely to be infested of shepherd’s purse, and wholesalers In accordance with section 3507(d) of with plant pests than noncommercial that import fresh shepherd’s purse as the Paperwork Reduction Act of 1995 consignments. Noncommercial the small entities most likely to be (44 U.S.C. 3501 et seq.), the information consignments are more prone to affected by this action and considers the collection or recordkeeping infestations because the commodity is effects of increased imports of fresh often ripe to overripe and is often grown 2 Yunhee Kim, Agricultural Specialist, USDA/ shepherd’s purse with roots. APHIS, American Embassy, Seoul, South Korea. with little or no pest control. The Republic of Korea does not keep The Garak-tong market has 131 acres of covered Commercial consignments, as defined in official statistics on minor agricultural space.

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 62486 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

requirements included in this proposed Estimate of burden: Public reporting national plant protection organization rule have been submitted for approval to burden for this collection of information (NPPO) of the Republic of Korea. Fields the Office of Management and Budget is estimated to average 0.53928 hours must be certified free of the quarantine (OMB). Please send written comments per response. nematodes Hemicycliophora koreana, to the Office of Information and Respondents: Importers; national Paratylenchus pandus, Rotylenchus Regulatory Affairs, OMB, Attention: plant protection organization of the orientalis, and Rotylenchus pini by Desk Officer for APHIS, Washington, DC Republic of Korea. sampling and microscopic inspection of 20503. Please state that your comments Estimated annual number of the samples by the NPPO of the refer to Docket No. APHIS–2009–0086. respondents: 30. Republic of Korea. The sampling and Please send a copy of your comments to: Estimated annual number of inspection protocol must be (1) Docket No. APHIS–2009–0086, responses per respondent: 9.333. preapproved by APHIS. Regulatory Analysis and Development, Estimated annual number of (b) The shepherd’s purse with roots PPD, APHIS, Station 3A–03.8, 4700 responses: 280. must be free from soil. River Road Unit 118, Riverdale, MD Estimated total annual burden on (c) The shepherd’s purse with roots 20737–1238, and (2) Clearance Officer, respondents: 151 hours. (Due to must be imported in commercial OCIO, USDA, Room 404–W, 14th Street averaging, the total annual burden hours shipments only. and Independence Avenue, SW., may not equal the product of the annual (d) Each consignment of shepherd’s Washington, DC 20250. A comment to number of responses multiplied by the purse with roots must be accompanied OMB is best assured of having its full reporting burden per response.) by a phytosanitary certificate of effect if OMB receives it within 30 days Copies of this information collection inspection issued by the NPPO of the of publication of this proposed rule. can be obtained from Mrs. Celeste Republic of Korea stating that the APHIS is proposing to amend the Sickles, APHIS’ Information Collection shipment has been inspected and found regulations concerning the importation Coordinator, at (301) 851–2908. free of quarantine pests with an of fruits and vegetables to allow for the additional declaration stating that the E-Government Act Compliance importation of fresh shepherd’s purse shepherd’s purse with roots has been with roots from the Republic of Korea The Animal and Plant Health produced and inspected in accordance into the United States under a Inspection Service is committed to with the requirements of 7 CFR 319.56– combination of mitigations to reduce the compliance with the E-Government Act 51. risk of introducing a variety of pests. As to promote the use of the Internet and Done in Washington, DC, this 5th day of a condition of entry, fresh shepherd’s other information technologies, to October 2010. purse would have to be produced in provide increased opportunities for Gregory Parham, accordance with a systems approach citizen access to Government that would include requirements for information and services, and for other Acting Administrator, Animal and Plant Health Inspection Service. importation of commercial purposes. For information pertinent to consignments, pest-free place of E-Government Act compliance related [FR Doc. 2010–25556 Filed 10–8–10; 8:45 am] production, and inspection for to this proposed rule, please contact BILLING CODE 3410–34–P quarantine pests by the national plant Mrs. Celeste Sickles, APHIS’ protection organization (NPPO) of the Information Collection Coordinator, at Republic of Korea. (301) 851–2908. DEPARTMENT OF TRANSPORTATION Implementing this rule would require the completion of a phytosanitary List of Subjects in 7 CFR Part 319 Federal Aviation Administration certificate, inspections, and Coffee, Cotton, Fruits, Imports, Logs, recordkeeping. We are soliciting Nursery stock, Plant diseases and pests, 14 CFR Parts 117 and 121 comments from the public (as well as Quarantine, Reporting and [Docket No. FAA–2009–1093; Notice No. affected agencies) concerning our recordkeeping requirements, Rice, 10–11] proposed information collection and Vegetables. RIN 2120–AJ58 recordkeeping requirements. These Accordingly, we propose to amend 7 comments will help us: CFR part 319 as follows: Flightcrew Member Duty and Rest (1) Evaluate whether the information Requirements collection is necessary for the proper PART 319—FOREIGN QUARANTINE performance of our agency’s functions, NOTICES AGENCY: Federal Aviation including whether the information will Administration (FAA), DOT. 1. The authority citation for part 319 have practical utility; ACTION: Notice of procedures for (2) Evaluate the accuracy of our continues to read as follows: submission of clarifying questions. estimate of the burden of the Authority: 7 U.S.C. 450, 7701–7772, and information collection, including the 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR SUMMARY: The FAA published a validity of the methodology and 2.22, 2.80, and 371.3. proposed rule on September 14, 2010, to assumptions used; 2. A new § 319.56–51 is added to read amend its existing flight, duty and rest (3) Enhance the quality, utility, and as follows: regulations applicable to certificate clarity of the information to be holders and their flightcrew members. collected; and § 319.56–51 Shepherd’s purse with roots The FAA has received requests from (4) Minimize the burden of the from the Republic of Korea. stakeholders to provide a forum during information collection on those who are Shepherd’s purse (Capsella bursa- the comment period where they can to respond, (such as through the use of pastoris (L.) Medick) with roots from the pose clarifying questions and receive appropriate automated, electronic, Republic of Korea may be imported only answers to them. In response to these mechanical, or other technological under the following conditions: requests, the FAA is issuing this notice, collection techniques or other forms of (a) The shepherd’s purse with roots which includes the procedures for information technology, e.g., permitting must be grown in a pest-free place of handling clarifying questions to the electronic submission of responses.). production that is registered with the proposed rule.

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62487

DATES: You must submit your clarifying regulatory requirements. The FAA also rulemaking. We anticipate providing questions in writing using the believes that there should be a cut-off our response by October 22, 2010. procedures outlined below by October for consideration of these technical Issued in Washington, DC, on October 6, 15, 2010. The FAA anticipates issues so that commenters know with 2010. responding to these submissions by certainty how these issues are resolved Pamela Hamilton-Powell, October 22, 2010. Comments on the before they finalize their comments. Director, Office of Rulemaking. proposed rule must be received on or Accordingly, the FAA requests that all [FR Doc. 2010–25678 Filed 10–7–10; 11:15 am] before November 15, 2010. requests for clarification be submitted to BILLING CODE 4910–13–P ADDRESSES: See the ‘‘Procedures for the docket no later than October 15, Filing Clarifying Requests’’ section of 2010. The FAA anticipates responding this notice. to requests that are truly clarifying in SOCIAL SECURITY ADMINISTRATION FOR FURTHER INFORMATION CONTACT: See nature by October 22, 2010, a full three the ‘‘Procedures for Filing Clarifying weeks before the close of the comment 20 CFR Parts 404, 405, and 416 Requests’’ section of this notice. period. To the extent a request raises [Docket No. SSA–2007–0053] SUPPLEMENTARY INFORMATION: policy considerations that are more appropriately resolved after the public Background has been given a full opportunity to Compassionate Allowances for Cardiovascular Disease and Multiple On September 14, 2010, the FAA comment, the FAA anticipates addressing those comments in a final Organ Transplants, Office of the published a notice of proposed Commissioner, Hearing rulemaking (NPRM) entitled ‘‘Flightcrew rule. Member Duty and Rest Requirements’’ Procedures for Filing Clarifying AGENCY: Social Security Administration. (75 FR 55852). The proposed regulation Requests ACTION: Announcement of public recognizes the growing similarities hearing. between the types of operations and the The below procedures are not a universality of factors that lead to substitute for filing substantive SUMMARY: We are considering ways to fatigue in most individuals. Fatigue questions and comments to the quickly identify diseases and other threatens aviation safety because it proposed rule. The procedures for serious medical conditions that increases the risk of pilot error that submitting those types of comments are obviously meet the definition of could lead to an accident. The new discussed in the NPRM. Commenters disability under the Social Security Act requirements, if adopted, would should follow those procedures to file (Act) and can be identified with eliminate the current distinctions their substantive questions and minimal objective medical information. between domestic, flag and comments by November 15, 2010. We are calling this method supplemental operations. The proposal If you wish to submit a request to the ‘‘Compassionate Allowances.’’ In provides different requirements based FAA for clarification of the NPRM December 2007, April 2008, November on the time of day, whether an (Docket Number FAA–2009–1093) 2008, July 2009, and November 2009, individual is acclimated to a new time before the comment period closes, you we held Compassionate Allowance zone, and the likelihood of being able to must send your request using the below public hearings. These hearings sleep under different circumstances. method by October 15, 2010. concerned rare diseases, cancers, The comment period closes November 1. Post your request on the Federal traumatic brain injury and stroke, early- 15, 2010. eRulemaking Portal. To access this onset Alzheimer’s disease and related Since the docket opened, the FAA has electronic docket, go to http:// dementias, and schizophrenia, received numerous requests for www.regulations.gov, enter Docket respectively. This hearing is the sixth in technical clarification of the proposed Number FAA 2009–1093, and follow the the series. The purpose of this hearing rulemaking. The FAA believes that it online instructions for sending your is to obtain your views about the makes sense to provide additional request electronically. advisability and possible methods of clarity where comenters believe the 2. In addition to sending your request identifying and implementing draft regulatory text is unclear or omits to the electronic docket, send a copy via compassionate allowances for both pertinent information. For example, one e-mail to the subject matter expert as adults and children with cardiovascular commenter noted that there is a cross- noted below. diseases and multiple organ transplants. reference to the existing flight • Technical Clarifications: Dale E. We plan to address other medical crewmember regulations in the Roberts, Air Transportation Division, conditions at subsequent hearings. regulations governing flight and duty Flight Standards Service, Federal DATES: This hearing will be held on time for flight attendants. By dropping Aviation Administration; e-mail November 9, 2010, between 8:30 a.m. all of the part 121 flight crewmember [email protected]. and 5 p.m., Eastern Standard Time flight and duty regulations, that cross- • Legal Clarifications: Rebecca (EST), in Baltimore, MD. The hearing reference would no longer make sense, MacPherson, Office of the Chief will be held on the campus of the and it would be unclear whether the Counsel, Regulations Division, Federal University of Maryland, Baltimore provision still had any validity. Aviation Administration; e-mail County in the University Center To the extent possible, the FAA [email protected]. Ballroom. The university’s address is believes there is value in providing • Cost/Benefit Clarifications: Peter 1000 Hilltop Circle, Baltimore, MD greater technical clarity while the Ivory, Office of Aviation Policy & Plans, 21250. While the public is welcome to comment period is still open. This Federal Aviation Administration; e-mail attend the hearing, only invited clarity will allow interested parties to [email protected]. witnesses will present testimony. You focus on the policy implications of the The FAA will reply to requests for may also watch the proceedings live via proposal without spending undue clarification to the NPRM if submitted Webcast beginning at 9 a.m., Eastern amounts of time trying to figure out how by October 15, 2010. We will respond Standard Time (EST). You may access the rule, if implemented, would be directly to you and post the response in the Webcast line for the hearing on the implemented or interact with other the docket established for this Social Security Administration Web site

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 62488 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

at http://www.socialsecurity.gov/ injury and stroke, early-onset Dated: October 6, 2010. compassionateallowances/. Alzheimer’s disease and related Tanya Sandros, ADDRESSES: You may submit written dementias and schizophrenia. You may Deputy General Counsel, U.S. Copyright comments about the compassionate access the transcripts of the hearings at Office. allowances initiative with respect to http://www.socialsecurity.gov/ [FR Doc. 2010–25652 Filed 10–8–10; 8:45 am] adults and children with cardiovascular compassionateallowances/. We plan to BILLING CODE 1410–30–P disease and multiple organ transplants, hold additional hearings on other as well as topics covered at the hearing conditions and will announce those by: hearings later with notices in the DEPARTMENT OF COMMERCE (1) e-mail addressed to Federal Register. [email protected]; or (Catalog of Federal Domestic Assistance National Oceanic and Atmospheric (2) mail to Jamillah Jackson, Deputy Programs Nos. 96.001, Social Security— Administration Director, Office of Compassionate Disability Insurance; 96.006, Supplemental Allowances and Disability Outreach, Security Income.) 50 CFR Part 622 ODP, ORDP, Social Security Michael J. Astrue, [Docket No. 0907271173–0475–02] Administration, 4671 Annex Building, Commissioner of Social Security. 6401 Security Boulevard, Baltimore, MD RIN 0648–AY11 21235–6401. We welcome your [FR Doc. 2010–25503 Filed 10–8–10; 8:45 am] comments, but we may not respond BILLING CODE 4191–02–P Fisheries of the Caribbean, Gulf of directly to comments sent in response to Mexico, and South Atlantic; Snapper- this notice of hearing. Grouper Fishery off the Southern Atlantic States; Amendment 17B FOR FURTHER INFORMATION CONTACT: LIBRARY OF CONGRESS [email protected]. AGENCY: National Marine Fisheries You may also mail inquiries about this Copyright Office Service (NMFS), National Oceanic and hearing to Jamillah Jackson, Deputy Atmospheric Administration (NOAA), Director, Office of Compassionate 37 CFR Part 201 Commerce. Allowances and Disability Outreach, ACTION: Proposed rule; request for ODP, ORDP, Social Security [Docket No. RM 2010–3] comments. Administration, 4671 Annex Building, 6401 Security Boulevard, Baltimore, MD Refunds Under the Cable Statutory SUMMARY: NMFS issues this proposed 21235–6401. For information on License rule to implement Amendment 17B to eligibility or filing for benefits, call our the Fishery Management Plan for the national toll-free number 1–800–772– AGENCY: Copyright Office, Library of Snapper-Grouper Fishery of the South 1213 or TTY 1–800–325–0778, or visit Congress. Atlantic Region (FMP), as prepared and Social Security online, at http:// submitted by the South Atlantic Fishery www.socialsecurity.gov. ACTION: Notice of proposed rulemaking; Management Council (Council). This correction. proposed rule would, for South Atlantic SUPPLEMENTARY INFORMATION: snapper-grouper, establish annual catch Background SUMMARY: The Copyright Office limits (ACLs), and accountability published in the Federal Register of measures (AMs) for eight snapper- Under titles II and XVI of the Act, we October 4, 2010, a notice of proposed pay benefits to individuals who meet grouper species undergoing overfishing; rulemaking concerning refunds under modify management measures to limit our rules for entitlement and have the cable statutory license. This medically determinable physical or total mortality of those species to the document corrects the date for ACL; and add ACLs, annual catch mental impairments that are severe submitting reply comments. enough to meet the definition of targets (ACTs), and AMs to the disability in the Act. The rules for FOR FURTHER INFORMATION CONTACT: Ben management measures that may be determining disability can be very Golant, Assistant General Counsel, and amended via the framework procedure. complicated, but some individuals have Tanya M. Sandros, Deputy General This proposed rule is intended to such serious medical conditions that Counsel, Copyright GC/I&R, P.O. Box address overfishing of eight snapper- their conditions obviously meet our 70400, Washington, DC 20024. grouper species while maintaining catch disability standards with minimal Telephone: (202) 707–8380. Telefax: levels consistent with achieving objective medical evidence alone. To (202) 707–8366. optimum yield. DATES: Written comments on this better address the needs of these Correction individuals, we are looking into ways to proposed rule must be received no later allow benefits as quickly as possible In proposed rule RM 2010–3, make than 5 p.m., Eastern Time, on November based on minimal objective medical the following correction in the Dates 26, 2010. information. section. On page 61117 in the 2nd ADDRESSES: You may submit comments, identified by RIN 0648–AY11, by any Will We Respond to Your Comments? column, correct the DATES caption to read: one of the following methods: We will carefully consider your • Electronic Submissions: Submit all comments, although we will not DATES: Written comments must be electronic public comments via the respond directly to comments sent in received in the Office of the General Federal e-Rulemaking Portal http:// response to this notice or the hearing. Counsel of the Copyright Office no later www.regulations.gov. than November 3, 2010. Reply • Mail: Kate Michie, Southeast Additional Hearings comments must be received in the Regional Office, NMFS, 263 13th We have held five hearings since Office of the General Counsel of the Avenue South, St. Petersburg, FL 33701. December 2007. These hearings were on Copyright Office no later than December Instructions: No comments will be rare diseases, cancers, traumatic brain 3, 2010. posted for public viewing until after the

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62489

conclusion of the comment period. All undergoing overfishing including: The allocation would be 97 percent comments received are a part of the speckled hind, warsaw grouper, snowy commercial and 3 percent recreational. public record and will generally be grouper, golden tilefish, black sea bass, Amendment 15B defined MSY as the posted to http://www.regulations.gov red grouper, gag, vermilion snapper, and yield produced by FMSY (fishing without change. All Personal Identifying red snapper. Amendment 17B includes mortality at maximum sustainable Information (for example, name, actions to establish ACLs for eight of yield), which is considered a fixed address, etc.) voluntarily submitted by these species, as well as black grouper, fishing exploitation rate. The value of the commenter may be publicly which is neither overfished nor maximum sustainable yield (MSY) for accessible. Do not submit Confidential undergoing overfishing. Red snapper golden tilefish is 300, 379 lb (136, 250 Business Information or otherwise overfishing is being addressed kg) gutted weight. Beginning in 2010, sensitive or protected information. separately in Amendment 17A to the and corresponding to the yield at FMSY, To submit comments through the FMP. the commercial allocation would be Federal e-Rulemaking Portal: http:// An ACL is the level of annual catch 291,369 lb (132,160 kg) gutted weight www.regulations.gov, enter ‘‘NOAA– of a stock or stock complex that is set and the recreational allocation would be NMFS–2010–0091’’ in the keyword to prevent overfishing from occurring. 1,625 fish (derived from 9,011 lb (4,078 search, then check the box labeled An ACL that is met or exceeded serves kg)). The conversion rate of recreational ‘‘Select to find documents accepting the basis for triggering an AM. ACLs pounds to the number of fish is 5.545. comments or submissions’’, then select may incorporate management and The commercial and recreational ‘‘Send a Comment or Submission.’’ scientific uncertainty, and take into allocations specified in 2010 would NMFS will accept anonymous account the amount of data available remain in effect beyond 2010 until comments. Enter N/A in the required and level of vulnerability to overfishing modified. field if you wish to remain anonymous. for each species. Separate ACLs may be Attachments to electronic comments established for each sector of a fishery, ACLs will be accepted in Microsoft Word, i.e., commercial and recreational. Separate ACLs are proposed for the Excel, WordPerfect, or Adobe PDF file However, the combined total of all commercial and recreational sectors for formats only. sector ACLs may not exceed the total golden tilefish. The ACLs would be Comments received through means ACL for a species or species complex. based on the yield associated with FOY not specified in this rule will not be Management Measures Contained in (fishing mortality at optimum yield). considered. This Proposed Rule Amendment 15B defined optimum yield Copies of Amendment 17B may be (OY) as the yield at 75 percent of FMSY, obtained from the South Atlantic Speckled Hind and Warsaw Grouper which is equal to FOY. Therefore, the Fishery Management Council, 4055 ACLs commercial and recreational ACLs Faber Place, Suite 201, North would be reduced from the allocation Charleston, SC 29405; phone: 843–571– For specked hind and warsaw values of 291,369 lb (132,160 kg) gutted 4366 or 866–SAFMC–10 (toll free); fax: grouper, the proposed ACL is zero weight, and 1,625 fish, respectively, to 843–769–4520; e-mail: (landed catch). This ACL would 282,819 lb (128,284 kg) gutted weight, [email protected]. Amendment 17B prohibit all harvest and possession of and 1,578 fish, respectively. includes an Environmental Assessment speckled hind and warsaw grouper (EA), an Initial Regulatory Flexibility regardless of the depth where they are AMs Analysis (IRFA), a Regulatory Impact caught. In order to maintain an ACL of Proposed AMs for golden tilefish Review, and a Social Impact zero for these two species, all fishing for would be applied separately for each Assessment/Fishery Impact Statement. and possession of deepwater snapper- sector. The commercial sector AM for FOR FURTHER INFORMATION CONTACT: Kate grouper species (snowy grouper, golden tilefish is the previously- Michie, telephone: 727–824–5305. blueline tilefish, yellowedge grouper, implemented quota closure provision misty grouper, queen snapper, and silk SUPPLEMENTARY INFORMATION: The that would prohibit the harvest and snapper) would be prohibited beyond a snapper-grouper fishery off the southern possession of golden tilefish when the depth of 240 ft (73 m). By prohibiting Atlantic states is managed under the ACL is met or projected to be met. All harvest and possession of these co- FMP. The FMP was prepared by the purchase and sale would then be occurring species, fishing mortality of Council and is implemented under the prohibited, and the prohibition on speckled hind and warsaw grouper is authority of the Magnuson-Stevens harvest would apply to all federally expected to decrease. Fishery Conservation and Management permitted vessels regardless of where Act (Magnuson-Stevens Act) by Golden Tilefish the golden tilefish are caught, i.e., in regulations at 50 CFR part 622. state or Federal waters. If the Allocations recreational ACL is met or exceeded, the Background In order to set sector ACLs for golden post-season AM for golden tilefish The 2006 revisions to the Magnuson- tilefish, the Council first designated would reduce the length of the Stevens Act require that by 2010, FMPs appropriate sector allocations for the following fishing season by the amount for the fisheries determined by the species. The recreational and necessary to ensure landings do not Secretary to be subject to overfishing commercial allocations were based on exceed the recreational sector ACL in must establish a mechanism of landings data from the Accumulated the following fishing year. For this post- specifying ACLs at a level that prevents Landings System, Marine Recreational season AM, NMFS would compare the overfishing and does not exceed the Fishing Statistics Survey, and headboat recreational ACL with recreational fishing level recommendation of the databases. The allocations would be landings over a range of years. For 2010, respective Council’s Scientific and defined using the following formula for only 2010 landings would be used. For Statistical Committee or other each sector: Sector apportionment = (50 2011, average landings for 2010 and established peer review processes. percent * average of long catch range 2011 would be used. For 2012 and In the South Atlantic snapper-grouper (lb) 1986–2008) + (50 percent * average beyond, the most recent 3-year running fishery there are nine species currently of recent catch trend (lb) 2006–2008). average would be used.

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 62490 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

Snowy grouper then be prohibited, and the prohibition recreational ACL for the species group on harvest would apply to all federally with landings over a range of years. For ACLs permitted vessels regardless of where 2010, only 2010 landings would be The commercial quota and the gag are caught, i.e., in state or used. For 2011, 2010 and 2011 landings recreational allocation for snowy Federal waters. The recreational AM for would be used. For 2012 and beyond, a grouper established in Amendment 15B gag would compare the recreational 3-year running average would be used. to the FMP would be designated as the ACL for the species with landings over If one of these species is overfished, commercial and recreational ACLs, a range of years. For 2010, only 2010 based on the most recent Status of U.S. respectively, for snowy grouper through landings would be used. For 2011, 2010 Fisheries Report to Congress, and the Amendment 17B. The snowy grouper and 2011 landings would be used. For group recreational ACL is met or ACL would be 82,900 lb (37,603 kg) 2012 and beyond, a 3-year running projected to be met, harvest and gutted weight, and the recreational ACL average would be used. If gag are retention of the species group would be for snowy grouper would be 523 fish. overfished, based on the most recent prohibited. If the group recreational AMs Status of U.S. Fisheries Report to ACL is exceeded, independent of stock Congress, and the sector ACL is met or status, the AA would file a notification The commercial sector AM for snowy projected to be met, harvest and with the Office of the Federal Register, grouper is the previously-implemented retention of the species would be at or near the beginning of the following quota closure provision that would prohibited. If the sector ACL is fishing year, to reduce the group ACL prohibit the harvest and possession of exceeded, independent of stock status, for that fishing year by the amount of snowy grouper when the ACL is met or the NMFS Assistant Administrator (AA) the overage. projected to be met. All purchase and would file a notification with the Office sale would then be prohibited, and the Black Sea Bass prohibition on harvest would apply to of the Federal Register, at or near the all federally permitted vessels regardless beginning of the following fishing year, ACLs of where the snowy grouper are caught, to reduce the sector ACL for that fishing The commercial quota and i.e., in state or Federal waters. year by the amount of the overage. recreational allocation for black sea bass In order to maintain the snowy Gag, Black and Red Grouper Aggregate established in Amendment 13C to the grouper harvest level at or below the FMP would be designated as the recreational ACL, the recreational AM ACLs commercial and recreational ACLs, would reduce the snowy grouper bag A species group ACL is proposed for respectively, for black sea bass through limit from one fish per person per day gag, black grouper, and red grouper. The Amendment 17B. The commercial ACL to one fish per vessel per day. If the commercial species group ACL or the for black sea bass would be 309,000 lb recreational ACL is met or exceeded, the gag commercial ACL would be used to (140,160 kg) gutted weight, and the post-season AM for snowy grouper trigger an AM for the species group. The recreational ACL for black sea bass would be to reduce the length of the species group commercial ACL for gag, would be 409,000 lb (185,519 kg) gutted following fishing season by the amount black grouper, and red grouper weight. necessary to ensure landings do not combined would be 662,403 lb (300,461 AMs exceed the recreational sector ACL in kg) gutted weight, and the species group the following fishing year. For this post- recreational ACL would be 648,663 lb The commercial AM for black sea bass season AM, NMFS would compare the (294,229 kg) gutted weight. These values is the previously-implemented quota recreational ACL with recreational are equivalent to the expected catch closure provision that would prohibit landings over a range of years. For 2010, resulting from the implementation of harvest and possession of black sea bass only 2010 landings would be used. For the commercial quota for gag when the ACL for the species is met or 2011, average landings for 2010 and (designated as the commercial ACL in projected to be met. All purchase and 2011 would be used. For 2012 and Amendment 17B) and the bag limits for sale would then be prohibited, and the beyond, the most recent 3-year running black and red grouper specified in prohibition on harvest would apply to average would be used. Amendment 16 to the FMP. all federally permitted vessels regardless Gag of where the black sea bass are caught, AMs i.e., in state or Federal waters. The ACLs When either the gag ACL or the gag, recreational AM for black sea bass The commercial quota and black grouper, and red grouper aggregate would compare the recreational ACL for recreational allocation for gag ACL is met or projected to be met, the species with landings over a range established in Amendment 16 to the commercial harvest and possession of of years. For 2010, only 2010 landings FMP would be designated as the all South Atlantic shallow-water would be used. For 2011, 2010 and 2011 commercial and recreational ACLs, groupers (gag, black grouper, red landings would be used. For 2012 and respectively, for gag through grouper, scamp, red hind, rock hind, beyond, a 3-year running average would Amendment 17B. The commercial ACL yellowmouth grouper, tiger grouper, be used. If black sea bass are overfished, for gag would be 352,940 lb (160,091 kg) yellowfin grouper, graysby, and coney) based on the most recent Status of U.S. gutted weight, and the recreational ACL would be prohibited. Additionally, all Fisheries Report to Congress, and the for gag would be 340,060 lb (154,249 kg) purchase and sale of shallow-water sector ACL is met or projected to be met, gutted weight. groupers would be prohibited when the harvest and retention of the species ACL is met or projected to be met, and would be prohibited. If the sector ACL AMs the prohibition on harvest would apply is exceeded, independent of stock The commercial AM for gag is the to all federally permitted vessels status, the AA would file a notification previously-implemented quota closure regardless of where the gag, black with the Office of the Federal Register, provision that would prohibit the grouper, and red grouper are caught, i.e., at or near the beginning of the following harvest and possession of gag when the in state or Federal waters. The fishing year, to reduce the sector ACL ACL for the species is met or projected recreational AM for gag, black grouper for that fishing year by the amount of to be met. All purchase and sale would and red grouper would compare the the overage.

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62491

Vermilion Snapper harvest parameters as new scientific determined that this proposed rule is information becomes available. consistent with the FMP subject to this ACLs rulemaking, other provisions of the Availability of Amendment 17B The commercial quota and Magnuson-Stevens Act, and other recreational allocation for vermilion Additional background and rationale applicable law, subject to further snapper established in Amendment 16 for the measures discussed above are consideration after public comment. to the FMP would be designated as the contained in Amendment 17B. The This proposed rule has been commercial and recreational ACLs, availability of Amendment 17B was determined to be not significant for respectively, for vermilion snapper announced in the Federal Register on purposes of Executive Order 12866. through Amendment 17B. The September 22, 2010, (75 FR 57734). NMFS prepared an IRFA, as required commercial ACL for vermilion snapper Written comments on Amendment 17B by section 603 of the Regulatory would be 315,523 lb (143,119 kg) gutted must be received by November 22, 2010. Flexibility Act, for this proposed rule. weight (January–June) and 302,523 lb All comments received on Amendment The IRFA describes the economic (137,222 kg) gutted weight (July– 17B or on this proposed rule during impact this proposed rule, if adopted, December), and the recreational ACL for their respective comment periods will would have on small entities. A vermilion snapper would be 307,315 lb be addressed in the preamble to the description of the action, why it is being (139,396 kg) gutted weight. final rule. considered, and the objectives of, and legal basis for this action are contained AMs Additional Measures Contained in This at the beginning of this section in the The commercial AM for vermilion Proposed Rule preamble and in the SUMMARY section snapper is the previously-implemented The final rule for Amendment 15B to of the preamble. A copy of the full quota closure provision that would the FMP, published on November 16, analysis is available from the Council prohibit harvest and possession of 2009 (75 FR 58902), added regulatory (see ADDRESSES). A summary of the vermilion snapper when the ACL for the language in § 622.45(d)(1) that states, IRFA follows. species is met or projected to be met. All ‘‘South Atlantic snapper-grouper The proposed rule would introduce purchase and sale would then be harvested or possessed in the EEZ on several changes to the management of prohibited, and the prohibition on board a vessel that does not have a valid the South Atlantic snapper-grouper harvest would apply to all federally commercial permit for South Atlantic fishery. This rule would establish an permitted vessels regardless of where snapper-grouper, as required under ACL of zero for speckled hind and the vermilion snapper are caught, i.e., in § 622.4(a)(2)(vi), * * * may not be sold warsaw grouper and prohibit fishing for state or Federal waters. The recreational or purchased.’’ However, this and possession of snowy grouper, AM for vermilion snapper would requirement was inadvertently not blueline tilefish, yellowedge grouper, compare the recreational ACL for the codified in the permits section, under warsaw grouper, speckled hind, misty species with landings over a range of § 622.4(a)(2)(vi), at that time. This rule grouper, queen snapper, and silk years. For 2010, only 2010 landings proposes to revise ’ 622.4(a)(2)(vi) with snapper beyond a depth of 240 ft (73 m). would be used. For 2011, 2010 and 2011 the regulatory language that should have This rule would establish a 97 percent landings would be used. For 2012 and been added through the final rule for commercial and 3 percent recreational beyond, a 3-year running average would Amendment 15B. allocation of golden tilefish. This rule be used. If vermilion snapper are This rule also proposes to revise would establish a commercial ACL overfished, based on the most recent regulatory language in § 622.9 that was (quota) for golden tilefish of 282,819 lb Status of U.S. Fisheries Report to implemented in the final rule for (128,284 kg) gutted weight and Congress, and the sector ACL is met or Amendment 7 to the FMP for the recreational ACL of 1,578 fish based on projected to be met, harvest and Shrimp Fishery in the South Atlantic the chosen allocation for golden tilefish. retention of the species would be Region (Shrimp FMP) (74 FR 50699, The commercial AM for golden tilefish prohibited. If the sector ACL is October 1, 2009). The final rule removed would be to prohibit the harvest, exceeded, independent of stock status, the requirement for a limited access possession, purchase, and sale of golden the AA would file a notification with endorsement to fish for and possess tilefish after the quota is met or the Office of the Federal Register, at or South Atlantic rock shrimp. The projected to be met. The recreational near the beginning of the following endorsements expired on January 27, AM is specified as follows: if the ACL fishing year, to reduce the sector ACL 2010. However, the regulatory language is exceeded, the AA shall publish a for that fishing year by the amount of contained in § 622.9(a)(1) did not notice to reduce the length of the the overage. include this expiration date, and there following fishing season by the amount necessary to ensure landings do not Framework Procedure Modifications was some confusion among stakeholders as to whether rock shrimp fishermen exceed the sector ACL in the following To facilitate timely adjustments to were still required to have the fishing year. The recreational ACL National Standard 1 harvest parameters, endorsement. This rule proposes to would be compared to recreational the Council has added the ability to remove reference to the requirement for landings using only 2010 landings for adjust ACLs and AMs, and establish and the rock shrimp endorsement in the 2010, an average of 2010 and 2011 adjust target catch levels, including VMS regulations because the landings for 2011, and a 3-year average ACTs, to the current framework endorsement is no longer required for of landings for 2012 and beyond. This procedures. These adjustments or this fishery. rule would establish a recreational daily additions may be accomplished through These additional revisions are bag limit of one snowy grouper per a regulatory amendment which is less unrelated to the actions contained in vessel, with a recreational ACL of 523 time intensive than an FMP Amendment 17B. fish and a recreational AM specified as amendment. By including ACLs, AMs, follows: If the ACL is exceeded, the AA and ACTs in the framework procedure Classification shall publish a notice to reduce the for specifying total allowable catch, the Pursuant to section 304(b)(1)(A) of the length of the following fishing season by Council and NMFS would have the Magnuson-Stevens Act, the NMFS the amount necessary to ensure landings flexibility to expeditiously alter those Assistant Administrator (AA) has do not exceed the sector ACL in the

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 62492 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

following fishing year. The recreational business if it is independently owned The for-hire fleet is comprised of ACL would be compared to recreational and operated, is not dominant in its charterboats, which charge a fee on a landings using only 2010 landings for field of operation (including its vessel basis, and headboats, which 2010, an average of 2010 and 2011 affiliates), and has combined annual charge a fee on an individual angler landings for 2011, and a 3-year average receipts not in excess of $4.0 million (head) basis. For the period 2003–2007, of landings for 2012 and beyond. This (NAICS code 114111, finfish fishing) for an average of 1,635 vessels was rule would establish an aggregate ACL all its affiliated operations worldwide. permitted to operate in the snapper- (quota) for gag, black grouper, and red For for-hire vessels, the other qualifiers grouper for-hire fishery, of which 82 are grouper of 662,403 lb (300,461 kg) apply and the annual receipts threshold estimated to have operated as headboats gutted weight (commercial) and 648,663 is $7.0 million (NAICS code 713990, and 1,553 as charter boats. Within the lb (294,229 kg) gutted weight recreational industries). total number of vessels, 227 also (recreational). This rule, however, From 2003–2007, an average of 944 possessed a commercial snapper- would retain the commercial ACL vessels per year was permitted to grouper permit and would be included (quota) for gag or 352,940 lb (160,091 operate in the commercial snapper- in the summary information provided kg) gutted weight and recreational ACL grouper fishery. Of these vessels, 749 on the commercial sector. The for gag of 340,060 lb (154,249 kg) gutted held transferable permits and 195 held charterboat annual average gross weight. This rule would prohibit the non-transferable permits. On average, revenue is estimated to range from commercial possession of shallow-water 890 vessels landed 6.43 million lb (2.92 approximately $62,000–$84,000 for groupers (gag, black grouper, red million kg) of snapper-grouper species Florida vessels, $73,000–$89,000 for grouper, scamp, red hind, rock hind, and 1.95 million lb (0.88 million kg) of North Carolina vessels, $68,000–$83,000 yellowmouth grouper, tiger grouper, other species on snapper-grouper trips. for Georgia vessels, and $32,000– yellowfin grouper, graysby, and coney) Total dockside revenues from snapper- $39,000 for South Carolina vessels. For when the gag ACL (currently at 352,940 grouper species stood at $13.81 million headboats, the appropriate estimates are lb (160,091 kg) gutted weight) or the and from other species, at $2.30 million. $170,000–$362,000 for Florida vessels, aggregate gag, black grouper, and red Considering revenues from both and $149,000–$317,000 for vessels in grouper ACL is met or projected to be snapper-grouper and other species, the the other states. met. This rule would implement revenues per vessel were approximately Based on average revenue figures, all recreational AMs for black grouper, $18,101. An average of 27 vessels per for-hire operations that would be black sea bass, gag, red grouper, and year harvested more than 50,000 lb affected by the proposed rule are vermilion snapper as follows: If one of (22,680 million kg) of snapper-grouper considered to be small entities. Some fleet activity may exist in both these species is determined to be species per year, generating at least, at the commercial and for-hire snapper- overfished and the species ACL or group an average price of $2.15 per pound, grouper sectors, but the extent of such ACL is met or projected to be met, dockside revenues of $107,500. prohibit the harvest and retention of the is unknown and all vessels are treated Commercial vessels that operate in the as independent entities in this analysis. species or species group. If the ACL is snapper-grouper fishery may also exceeded, independent of stock status, The measure to establish an ACL of operate in other fisheries, the revenues zero for speckled hind and warsaw the AA shall publish a notice to reduce of which cannot be determined with the species ACL or group ACL in the grouper, together with the ban on available data and are not reflected in fishing for deepwater species co- following fishing season by the amount these totals. of the overage. The recreational species occurring with these two species, is Although a vessel that possesses a ACL or group ACL would be compared expected to reduce net operating commercial snapper-grouper permit can to recreational landings using only 2010 revenues of commercial vessels by about landings for 2010, an average of 2010 harvest any snapper-grouper species, $292,000. This measure is also expected and 2011 landings for 2011, and a 3-year not all permitted vessels or vessels that to reduce net operating revenues of for- running average of landings for 2012 landed snapper-grouper landed all of hire vessels by less than $102,000. and beyond. Finally, this rule would the major species in this amendment. Establishing a 97 percent commercial update the framework procedure for The following average number of vessels and 3 percent recreational allocation of specification of Total Allowable Catch landed the subject species in 2003– golden tilefish would maintain the long- (TAC) for the FMP to incorporate ACLs, 2007: 292 vessels landed gag, 253 term and short-term proportional ACTs, and AMs. This would give NMFS vessels landed vermilion snapper, 32 landings history of the commercial and the flexibility to alter those harvest vessels landed speckled hind, 64 vessels recreational sectors, with possible small parameters through a regulatory landed golden tilefish, 160 vessels short-term changes (depending on the amendment as new scientific landed snowy grouper, 323 vessels ACL) in net operating revenues of both information becomes available. landed black grouper, 237 vessels commercial and for-hire vessels. At this The Magnuson Stevens Act provides landed black sea bass, and 402 vessels allocation ratio, the corresponding the statutory basis for the proposed rule. landed red grouper. Combining commercial ACL (quota) would be No duplicative, overlapping, or revenues from snapper-grouper and 282,819 lb (128, 284 kg) gutted weight conflicting Federal rules have been other species on the same trip, the and the recreational allocation would be identified. The proposed rule would not average revenue per vessel for vessels 1,578 fish (8,747 lb (3,968 kg) gutted alter existing reporting, record keeping, landing the subject species were weight). The golden tilefish commercial or other compliance requirements. $20,551 for gag, $28,454 for vermilion quota in combination with the AM of The proposed rule is expected to snapper, $6,250 for speckled hind, closing the fishery after the quota is met directly affect commercial fishers and $17,266 for golden tilefish, $7,186 for is expected to reduce net operating for-hire operators. The SBA has black grouper, $19,034 for black sea revenues of commercial vessels with established size criteria for all major bass, and $17,164 for red grouper. snapper-grouper permits by about industry sectors in the U.S. including Based on revenue information, all $8,000. The recreational allocation is commercial fish harvesters and for-hire commercial vessels that would be expected to result in net revenue operations. A business involved in fish affected by the proposed rule are reductions of for-hire vessels with harvesting is classified as a small considered to be small entities. snapper-grouper permits by about

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62493

$7,000. It is worth noting, however, that inflated the landings when compared to difficult to define sector ACLs and to the reduction in net operating revenues the ACL. take corrective actions should the sector of for-hire vessels would not be Updating the framework procedure ACLs or overall ACL be exceeded. This immediate because the recreational AM for specification of TAC has no direct would weaken the ability of fishery would shorten only the subsequent effects on the net operating revenues of managers to effectively manage the year’s fishing season and only when commercial and for-hire vessels with stock. The second alternative to the recreational landings over a number of snapper-grouper permits. proposed action would establish a 96 years (except for 2010) exceed the ACL. The short-term reductions in the net percent commercial and 4 percent Establishing a daily bag limit of one revenues of commercial vessels due to recreational allocation. This allocation snowy grouper per vessel is expected to the proposed rule may be considered is very close to that provided under the reduce net operating revenues of for- relatively small. On the recreational proposed action, and thus its economic hire vessels with snapper-grouper side, only the AM for black sea bass may effects would differ only minimally permits by about $7,000. This reduction be considered to have relatively from those of the proposed action. This in net operating revenues would not be substantial economic effects on for-hire alternative uses only the most current immediate because the recreational AM vessels. landings records (2006–2008) while the would shorten only the subsequent Five alternatives, including the proposed action uses both the long-run year’s fishing season and only when proposed action, were considered for (1986–2008) and short-run (2006–2008) recreational landings over a number of establishing an ACL for speckled hind landings history. The third alternative to years (except for 2010) exceed the ACL. and warsaw grouper. The first the proposed action would establish a The combined measures of retaining alternative to the proposed action, the 50 percent commercial and 50 percent the commercial ACL for gag of 352,940 no action alternative, would not recreational allocation. This alternative lb (160,091 kg) gutted weight, conform to the requirements of the would create significant disruptions to establishing an aggregate commercial Magnuson-Stevens Act, as reauthorized the commercial sector operations, and ACL for gag, red grouper, and black in 2006, to establish an ACL for the thus would impose relatively large costs grouper of 662,403 lb (300,461 kg) subject species. The second alternative to this sector. The recreational sector to the proposed action would establish gutted weight, and closing the fishery would stand to gain from this allocation, an ACL of 0 for speckled hind and when the gag ACL or the aggregate ACL but whether or not the gains to the warsaw grouper but would not close any is reached is expected to reduce net recreational sector would outweigh areas to fishing for deepwater species operating revenues of commercial losses to the commercial sector cannot that co-occur with these two species. vessels by about $103,000. For the be determined. At least in the short-run Although this alternative would have recreational component of the snapper- and given the current bag limit of one smaller negative economic effects on grouper fishery, the combined measures fish per person per day, benefits to the of retaining the recreational ACL for gag small entities than the proposed action, recreational sector would be relatively of 340,060 lb (154,249 kg) gutted weight it would not be sufficient to end small and would not compensate for the and establishing an aggregate overfishing of speckled hind and losses in the commercial sector. Thus, recreational ACL for gag, red grouper, warsaw grouper due to discard mortality the expected net economic effects of this and black grouper of 648,663 lb from fishing for other co-occurring alternative in the short-run would be (294,229 kg) gutted weight are not deepwater species. The third alternative negative. expected to affect the net operating to the proposed action is the same as the revenues of for-hire vessels with proposed action, except that the fishing Five alternatives, including the snapper-grouper permits because these prohibition for other co-occurring proposed action, were considered for are the expected landings from deepwater species would apply to all the golden tilefish ACL and AM. The implementation of previous depths. In this case, this alternative first alternative to the proposed action, amendments, notably Amendment 16 to would result in greater negative the no action alternative, would retain the FMP. There is a possibility that the economic effects on small entities than the current ACL (quota) for the recreational AM of prohibiting the the proposed action. The fourth commercial sector based on FMSY and harvest and retention of an overfished alternative to the proposed action is would not establish an ACL and AM for species (black sea bass, vermilion similar to the proposed action, except the recreational sector. The current AM snapper, gag, red grouper, or black that the prohibition on fishing for other would close all fishing for golden grouper) when the sector ACL is met or co-occurring deepwater species would tilefish once the commercial quota is projected to be met would have negative be beyond 300 ft (92 m). With smaller reached. This alternative would not add impacts on for-hire vessels with closed areas, this alternative would any more fishery restrictions and snapper-grouper permits fishing for result in slightly smaller negative economic losses to the fishery black sea bass. Under this AM, for-hire economic effects on small entities. On participants, but it would be less vessels with snapper-grouper permits the other hand, this alternative would conservative than the proposed action could potentially lose about $860,000 in provide less protection for adult in rebuilding the stock. In addition, it net revenues. This reduction is likely to speckled hind and warsaw grouper than would provide less flexibility in be an overestimate for at least two the proposed action. The possibility of implementing sector-specific AMs. The reasons. First, the method used in continued overfishing for the subject second alternative to the proposed estimating the economic effects on the species may still occur under this action would establish a single recreational sector likely overestimated alternative. commercial and recreational ACL which the number of headboat angler trips Four alternatives, including the would combine the commercial ACL at affected by the measure. Second, the proposed action, were considered for the FOY level and the recreational trend of recreational black sea bass the golden tilefish allocation. The first allowable harvest at the OY level. The landings has been downwards due to alternative to the proposed action, the AM would prohibit commercial and the implementation of more restrictive no action alternative, would not recreational harvest when the ACL is measures provided in previous establish a commercial and recreational projected to be met. This alternative amendments. Therefore, using average allocation for golden tilefish. Without a would result in approximately the same landings over the period 2005–2008 defined sector allocation, it would be economic losses to the commercial

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 62494 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

sector as the proposed action. There is alternative to the proposed action would commercial and recreational ACLs of some potential for this alternative to establish a single commercial/ 86,886 lb (39,411 kg) gutted weight and result in smaller economic losses to the recreational ACL based on the current 31,863 lb (14,453 kg) gutted weight, recreational sector than the proposed TAC of 87,254 lb (39,578 kg) gutted respectively. It would also establish red action, especially if only the commercial weight, and the AM for both sectors grouper commercial and recreational landings were effectively monitored would be a closure of the fishery when ACLs of 221,577 lb (100,505 kg) gutted because then the recreational fishing the ACL is met or projected to be met. weight and 276,740 lb (125,527 kg) season would remain open longer. But This alternative may result in slightly gutted weight, respectively. This to the extent that the AM under this better economic effects on the alternative would have biological effects alternative would be imposed in-season commercial sector than the proposed similar to those of the proposed action. while that of the proposed action only action or the no action alternative, but However, it could result in slightly in subsequent years, the economic this slight advantage of the commercial worse economic effects than the effects of this alternative over time sector would come at the expense of the proposed action because it would allow could very well exceed those of the recreational sector. In effect, this less flexibility for small entities in proposed action. The third alternative to alternative would have slightly larger adjusting their fishing operations with the proposed action would establish a short-run economic losses on the respect to gag, black grouper, and red recreational AM of one golden tilefish recreational sector than the proposed grouper. The third alternative to the per vessel per day when the single ACL action. In addition, this alternative proposed action for the recreational AM (sum of the commercial ACL at the FOY would not allow for sector-specific consisted of two sub-alternatives. The level and recreational harvest at the OY adjustments should ACL overages occur. first sub-alternative would require the level) is met or projected to be met. This The third alternative to the proposed RA to reduce the length of the following alternative is likely to result in smaller action would establish a recreational fishing year if the ACL were exceeded economic losses to the recreational AM of one fish per vessel per day when in the current year. Although this sector than the proposed action by the commercial quota is met or alternative would provide less negative maintaining a year-round recreational projected to be met. The commercial effects in the short-run, it would fishing season although at very limited AM would be a fishery closure when the provide fewer biological benefits than bag limit. However, because this quota is met. This alternative would the proposed action, particularly with alternative requires an in-season have similar economic effects on the respect to overfished species, so as to adjustment in lieu of subsequent-year commercial sector as the no action delay further the generation of economic adjustments, as under the proposed alternative and slightly lower short-run benefits from the fishery. The second action, the resulting economic losses negative effects on the recreational sub-alternative would close the fishery over time due to this alternative could sector than the proposed action. if the sector ACT were exceeded for an exceed those of the proposed action. However, unlike the proposed action, overfished species or species group and The fourth alternative to the proposed this alternative could result in overages would require the AA to reduce the action would establish a commercial in the recreational sector without a sector ACT the following year. By not and recreational ACL based on the yield possible compensating adjustment in selecting any ACT, this alternative at FOY for the commercial fishery. The succeeding years, thereby potentially would not be a viable alternative. If AM for both sectors would be to resulting in less protection to the stock. ACTs were selected, this alternative prohibit harvest, possession, and Five alternatives, two of which would likely result in larger short-run retention of golden tilefish when comprise the proposed action, were economic losses than the proposed commercial landings exceed the ACL. considered for the black grouper, black alternative. This alternative would have the same sea bass, gag, red grouper, and vermilion Two alternatives, including the economic effects on the commercial snapper ACL, AM, and ACT. The proposed action, were considered for sector as the proposed action, but losses alternative for establishing commercial updating the framework procedure for to the recreational sector would likely and recreational ACLs consisted of two specification of TAC in the FMP to exceed those of the proposed action. sub-alternatives, one of which is the incorporate ACLs, ACTs, and AMs. The Four alternatives, including the proposed action. The ACT alternative only alternative to the proposed action, proposed action, were considered for for the recreational sector consisted of the no action alternative, would delay establishing a snowy grouper ACL and three sub-alternatives, none of which the implementation or modification of AM. The first alternative, the no action were selected as the proposed action. ACLs, ACTs, and AMs when new alternative, to the proposed action The AM alternative for the recreational scientific information becomes available would retain the commercial ACL sector consisted of three sub- because this would require the FMP (quota) of 82,900 lb (37,603 kg) gutted alternatives, one of which is the amendment process which would incur weight as the ACL based on the current proposed action. The first alternative to more administrative costs than the TAC of 87,254 lb (39,578 kg) gutted the proposed action, the no action proposed action. weight; would retain the commercial alternative, would retain the List of Subjects in 50 CFR Part 622 AM which is to prohibit harvest, commercial and recreational ACLs for possession, and retention of snowy black sea bass, gag, and vermilion Fisheries, Fishing, Puerto Rico, grouper when the quota is met or snapper and would not establish Reporting and recordkeeping projected to be met; would maintain the commercial and recreational ACLs for requirements, Virgin Islands. recreational ACL of 523 fish; and, would black grouper and red grouper. This Dated: October 5, 2010. not implement a recreational AM. This alternative would not comply with the Samuel D. Rauch III, alternative would not add any requirements of the Magnuson-Stevens Deputy Assistant Administrator For restrictions to either the commercial or Act, as reauthorized in 2006. The Regulatory Programs, National Marine recreational sector. The absence of an second alternative to the proposed Fisheries Service. AM for the recreational sector would action (only alternative to the proposed For the reasons set out in the make it difficult to implement sector- action for commercial and recreational preamble, 50 CFR part 622 is proposed specific adjustments. The second ACLs) would establish black grouper to be amended as follows:

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62495

PART 622—FISHERIES OF THE 35°15.19′ N. lat. (due east of Cape may fish for or possess DWSG CARIBBEAN, GULF, AND SOUTH Hatteras Light, NC) and 28°35.1′ N. lat. (yellowedge grouper, misty grouper, ATLANTIC (due east of the NASA Vehicle warsaw grouper, snowy grouper, Assembly Building, Cape Canaveral, speckled hind, blueline tilefish, queen 1. The authority citation for part 622 FL), a commercial vessel permit for snapper, and silk snapper) in or from continues to read as follows: South Atlantic snapper-grouper must the South Atlantic EEZ offshore of Authority: 16 U.S.C. 1801 et seq. have been issued to the vessel and must rhumb lines connecting, in order, the 2. In § 622.2, the definitions of ‘‘Deep- be on board. * * * following points: water grouper (DWG)’’ and ‘‘Shallow- * * * * * Point North lat. West long. water grouper (SWG)’’ are revised and 4. In § 622.9, the first sentence of paragraph (a)(1) is revised to read as definitions of ‘‘Deep-water snapper- A ...... 36°31′01″ 74°48′10″ grouper (DWSG)’’ and ‘‘South Atlantic follows: B ...... 35°57′29″ 74°55′49″ ° ′ ″ ° ′ ″ shallow-water grouper (SASWG)’’ are § 622.9 Vessel monitoring systems C ...... 35 30 49 74 49 17 ° ′ ″ ° ′ ″ added in alphabetical order to read as (VMSs). D ...... 34 19 41 76 00 21 follows: E ...... 33°13′31″ 77°17′50″ (a) * * * F ...... 33°05′13″ 77°49′24″ § 622.2 Definitions and acronyms. (1) * * * An owner or operator of a G ...... 32°24′03″ 78°57′03″ vessel that has been issued a limited * * * * * H ...... 31°39′04″ 79°38′46″ access endorsement for South Atlantic ° ′ ″ ° ′ ″ Deep-water grouper (DWG) means, in I ...... 30 27 33 80 11 39 rock shrimp (until January 27, 2010) or J ...... 29°53′21″ 80°16′01″ the Gulf, yellowedge grouper, misty a Commercial Vessel Permit for Rock K ...... 29°24′03″ 80°16′01″ grouper, warsaw grouper, snowy Shrimp (South Atlantic EEZ) must L ...... 28°19′29″ 80°00′27″ grouper, and speckled hind. In addition, ensure that such vessel has an operating M ...... 27°32′05″ 79°58′49″ for the purposes of the IFQ program for ° ′ ″ ° ′ ″ VMS approved by NMFS for use in the N ...... 26 52 45 79 58 49 Gulf groupers and tilefishes in § 622.20, O ...... 26°03′36″ 80°04′33″ South Atlantic rock shrimp fishery on scamp are also included as DWG as P ...... 25°31′03″ 80°04′55″ board when on a trip in the South specified in § 622.20(b)(2)(vi). Q ...... 25°13′44″ 80°09′40″ Deep-water snapper-grouper (DWSG) Atlantic. * * * R ...... 24°59′09″ 80°19′51″ * * * * * S ...... 24°42′06″ 80°46′38″ means, in the South Atlantic, ° ′ ″ ° ′ ″ yellowedge grouper, misty grouper, 5. In § 622.32, paragraph (c)(3) is T ...... 24 33 53 81 10 23 removed and paragraph (b)(3)(vi) is U ...... 24°25′20″ 81°50′25″ warsaw grouper, snowy grouper, ° ′ ″ ° ′ ″ added to read as follows: V ...... 24 25 49 82 11 17 speckled hind, blueline tilefish, queen W ...... 24°21′35″ 82°22′32″ snapper, and silk snapper. § 622.32 Prohibited and limited-harvest X ...... 24°21′29″ 82°42′33″ * * * * * species. Y ...... 24°25′37″ 83°00′00″ Shallow-water grouper (SWG) means, * * * * * in the Gulf, gag, red grouper, black (b) * * * 7. In § 622.39, paragraph (d)(1)(ii)(B) grouper, scamp, yellowfin grouper, rock (3) * * * is revised to read as follows: hind, red hind, and yellowmouth (vi) Speckled hind and warsaw § 622.39 Bag and possession limits. grouper. In addition, for the purposes of grouper may not be harvested or the IFQ program for Gulf groupers and possessed in or from the South Atlantic * * * * * tilefishes in § 622.20, speckled hind and EEZ. Such fish caught in the South (d) * * * warsaw grouper are also included as Atlantic EEZ must be released (1) * * * SWG as specified in § 622.20(b)(2)(v). immediately with a minimum of harm. (ii) * * * South Atlantic shallow-water grouper These restrictions also apply in the (B) No more than one fish per vessel (SASWG) means, in the South Atlantic, South Atlantic on board a vessel for may be a snowy grouper; gag, black grouper, red grouper, scamp, which a valid Federal commercial or 8. In § 622.42, revise paragraphs (e)(1), red hind, rock hind, yellowmouth charter vessel/headboat permit for (e)(2), (e)(5), and (e)(6); and paragraph grouper, tiger grouper, yellowfin South Atlantic snapper-grouper has (e)(8) is added to read as follows: grouper, graysby, and coney. been issued, i.e., in state or Federal § 622.42 Quotas. * * * * * waters. 3. In § 622.4, the first sentence of * * * * * * * * * * paragraph (a)(2)(vi) is revised to read as 6. In § 622.35, the first sentence of (e) * * * follows: paragraph (j) is revised and paragraph (1) Snowy grouper—82,900 lb (37,603 (o) is added to read as follows: kg). § 622.4 Permits and fees. (2) Golden tilefish—282,819 lb (a) * * * § 622.35 Atlantic EEZ seasonal and/or area (128,284 kg). closures. (2) * * * * * * * * (vi) * * * For a person aboard a * * * * * (5) Black sea bass—309,000 lb (j) * * * During January through vessel to be eligible for exemption from (140,160 kg). April each year, no person may fish for, the bag limits for South Atlantic (6) Red porgy—190,050 lb (86,205 kg). snapper-grouper in or from the South harvest, or possess in or from the South Atlantic EEZ, to sell South Atlantic Atlantic EEZ any SASWG (gag, black * * * * * snapper-grouper in or from the South grouper, red grouper, scamp, red hind, (8) Gag, black grouper, and red Atlantic EEZ, to engage in the directed rock hind, yellowmouth grouper, tiger grouper, combined—662,403 lb (300,461 fishery for tilefish in the South Atlantic grouper, yellowfin grouper, graysby, and kg). EEZ, to use a longline to fish for South coney). * * * * * * * * Atlantic snapper-grouper in the South * * * * * 9. In § 622.43, the heading for Atlantic EEZ, or to use a sea bass pot in (o) Depth closure for deep-water paragraph (a)(5) and paragraph (a)(5)(iii) the South Atlantic EEZ between snapper-grouper (DWSG). No person are revised to read as follows:

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 62496 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

622.43 Closures. will file a notification with the Office of and after the effective date of such (a) * * * the Federal Register, at or near the notification, the bag and possession (5) South Atlantic gag, black grouper, beginning of the following fishing year, limit for gag in or from the South red grouper, greater amberjack, snowy to reduce the length of the following Atlantic EEZ is zero. This bag and grouper, golden tilefish, vermilion recreational fishing season by the possession limit also applies in the snapper, black sea bass, and red porgy. amount necessary to ensure recreational South Atlantic on board a vessel for * * * * * landings do not exceed the recreational which a valid Federal charter vessel/ (iii) For gag and for gag, black ACL in the following fishing year. headboat permit for South Atlantic grouper, and red grouper, combined, Recreational landings will be evaluated snapper-grouper has been issued, when the appropriate commercial quota relative to the ACL as follows. For 2010, without regard to where such species is reached, the provisions of paragraphs only 2010 recreational landings will be were harvested, i.e., in state or Federal (a)(5)(i) and (ii) of this section apply to compared to the ACL; in 2011, the waters. (B) Without regard to overfished gag and all other SASWG. average of 2010 and 2011 recreational landings will be compared to the ACL; status, if gag recreational landings * * * * * and in 2012 and subsequent fishing exceed the ACL, the AA will file a 10. In § 622.44, paragraph (c)(3) is years, the most recent 3-year running notification with the Office of the revised to read as follows: average recreational landings will be Federal Register, at or near the § 622.44 Commercial trip limits. compared to the ACL. beginning of the following fishing year, (2) Snowy grouper—(i) Commercial to reduce the ACL for that fishing year * * * * * fishery. If commercial landings, as by the amount of the overage. (c) * * * estimated by the SRD, reach or are (C) Recreational landings will be (3) Snowy grouper. Until the quota projected to reach the quota specified in evaluated relative to the ACL as follows. specified in § 622.42(e)(1) is reached— § 622.42(e)(1), the AA will file a For 2010, only 2010 recreational 100 lb (45 kg). See § 622.43(a)(5) for the notification with the Office of the landings will be compared to the ACL; limitations regarding snowy grouper Federal Register to close the commercial in 2011, the average of 2010 and 2011 after the fishing year quota is reached. fishery for the remainder of the fishing recreational landings will be compared * * * * * year. to the ACL; and in 2012 and subsequent 11. In § 622.48, paragraph (f) is (ii) Recreational fishery. If fishing years, the most recent 3-year revised to read as follows: recreational landings, as estimated by running average recreational landings the SRD, exceed the recreational ACL of will be compared to the ACL. § 622.48 Adjustment of management (4) Gag, black grouper, and red measures. 523 fish, the AA will file a notification with the Office of the Federal Register, grouper, combined—(i) Commercial * * * * * at or near the beginning of the following fishery. If commercial landings, as (f) South Atlantic snapper-grouper fishing year, to reduce the length of the estimated by the SRD, reach or are and wreckfish. Biomass levels, age- following recreational fishing season by projected to reach the quota specified in structured analyses, target dates for the amount necessary to ensure § 622.42(e)(8), the AA will file a rebuilding overfished species, MSY, recreational landings do not exceed the notification with the Office of the ABC, TAC, quotas, annual catch limits recreational ACL in the following Federal Register to close the commercial (ACLs), target catch levels, fishing year. Recreational landings will fishery for gag, black grouper, red accountability measures (AMs), trip be evaluated relative to the ACL as grouper and all other SASWG for the limits, bag limits, minimum sizes, gear follows. For 2010, only 2010 remainder of the fishing year. restrictions (ranging from regulation to recreational landings will be compared (ii) Recreational fishery. (A) If complete prohibition), seasonal or area to the ACL; in 2011, the average of 2010 recreational landings, as estimated by closures, definitions of essential fish and 2011 recreational landings will be the SRD, reach or are projected to reach habitat, essential fish habitat, essential compared to the ACL; and in 2012 and the combined recreational ACL of fish habitat HAPCs or Coral HAPCs, and subsequent fishing years, the most 648,663 lb (294,229 kg), gutted weight, restrictions on gear and fishing activities recent 3-year running average and gag, black grouper, or red grouper applicable in essential fish habitat and recreational landings will be compared are overfished, based on the most recent essential fish habitat HAPCs. to the ACL. Status of U.S. Fisheries Report to * * * * * (3) Gag—(i) Commercial fishery. If Congress, the AA will file a notification 12. In § 622.49, paragraph (b) is added commercial landings, as estimated by with the Office of the Federal Register to read as follows: the SRD, reach or are projected to reach to close the recreational fishery for gag, the quota specified in § 622.42(e)(7), the black grouper, and red grouper for the § 622.49 Accountability measures. AA will file a notification with the remainder of the fishing year. On and * * * * * Office of the Federal Register to close after the effective date of such (b) South Atlantic snapper-grouper. the commercial fishery for gag and all notification, the bag and possession (1) Golden tilefish—(i) Commercial other SASWG for the remainder of the limit of gag, black grouper, and red fishery. If commercial landings, as fishing year. grouper in or from the South Atlantic estimated by the SRD, reach or are (ii) Recreational fishery. (A) If EEZ is zero. This bag and possession projected to reach the quota specified in recreational landings, as estimated by limit also applies in the South Atlantic § 622.42(e)(2), the AA will file a the SRD, reach or are projected to reach on board a vessel for which a valid notification with the Office of the the recreational ACL of 340,060 lb Federal charter vessel/headboat permit Federal Register to close the commercial (154,249 kg), gutted weight, and gag are for South Atlantic snapper-grouper has fishery for the remainder of the fishing overfished, based on the most recent been issued, without regard to where year. Status of U.S. Fisheries Report to such species were harvested, i.e., in (ii) Recreational fishery. If Congress, the AA will file a notification state or Federal waters. recreational landings, as estimated by with the Office of the Federal Register (B) Without regard to overfished the SRD, exceed the recreational annual to close the gag recreational fishery for status, if gag, black grouper, and red catch limit (ACL) of 1,578 fish, the AA the remainder of the fishing year. On grouper recreational landings exceed the

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62497

combined ACL, the AA will file a South Atlantic EEZ is zero. This bag and (139,396 kg), gutted weight, and notification with the Office of the possession limit also applies in the vermilion snapper are overfished, based Federal Register, at or near the South Atlantic on board a vessel for on the most recent Status of U.S. beginning of the following fishing year, which a valid Federal charter vessel/ Fisheries Report to Congress, the AA to reduce the combined ACL for that headboat permit for South Atlantic will file a notification with the Office of fishing year by the amount of the snapper-grouper has been issued, the Federal Register to close the overage. without regard to where such species recreational fishery for vermilion (C) Recreational landings will be were harvested, i.e., in state or Federal snapper for the remainder of the fishing evaluated relative to the ACL as follows. waters. year. On and after the effective date of For 2010, only 2010 recreational (B) Without regard to overfished such notification, the bag and landings will be compared to the ACL; status, if black sea bass recreational possession limit of vermilion snapper in in 2011, the average of 2010 and 2011 landings exceed the ACL, the AA will or from the South Atlantic EEZ is zero. recreational landings will be compared file a notification with the Office of the This bag and possession limit also to the ACL; and in 2012 and subsequent Federal Register, at or near the applies in the South Atlantic on board fishing years, the most recent 3-year beginning of the following fishing year, a vessel for which a valid Federal running average recreational landings to reduce the ACL for that fishing year charter vessel/headboat permit for will be compared to the ACL. by the amount of the overage. South Atlantic snapper-grouper has (5) Black sea bass—(i) Commercial (C) Recreational landings will be been issued, without regard to where fishery. If commercial landings, as evaluated relative to the ACL as follows. such species were harvested, i.e., in estimated by the SRD, reach or are For 2010, only 2010 recreational state or Federal waters. projected to reach the quota specified in landings will be compared to the ACL; (B) Without regard to overfished § 622.42(e)(5), the AA will file a in 2011, the average of 2010 and 2011 status, if vermilion snapper recreational notification with the Office of the recreational landings will be compared landings exceed the ACL, the AA will Federal Register to close the commercial to the ACL; and in 2012 and subsequent file a notification with the Office of the fishery for the remainder of the fishing fishing years, the most recent 3-year Federal Register, at or near the year. running average recreational landings beginning of the following fishing year, (ii) Recreational fishery. (A) If will be compared to the ACL. to reduce the ACL for that fishing year recreational landings, as estimated by (6) Vermilion snapper—(i) by the amount of the overage. the SRD, reach or are projected to reach Commercial fishery. If commercial the recreational ACL of 409,000 lb landings, as estimated by the SRD, reach (C) Recreational landings will be (185,519 kg), gutted weight, and black or are projected to reach a quota evaluated relative to the ACL as follows. sea bass are overfished, based on the specified in § 622.42(e)(4)(I) or (ii), the For 2010, only 2010 recreational most recent Status of U.S. Fisheries AA will file a notification with the landings will be compared to the ACL; Report to Congress, the AA will file a Office of the Federal Register to close in 2011, the average of 2010 and 2011 notification with the Office of the the commercial fishery for that portion recreational landings will be compared Federal Register to close the recreational of the fishing year applicable to the to the ACL; and in 2012 and subsequent fishery for black sea bass for the respective quota. fishing years, the most recent 3-year remainder of the fishing year. On and (ii) Recreational fishery. (A) If running average recreational landings after the effective date of such recreational landings, as estimated by will be compared to the ACL. notification, the bag and possession the SRD, reach or are projected to reach [FR Doc. 2010–25643 Filed 10–8–10; 8:45 am] limit of black sea bass in or from the the recreational ACL of 307,315 lb BILLING CODE 3510–22–P

VerDate Mar<15>2010 15:02 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00014 Fmt 4702 Sfmt 9990 E:\FR\FM\12OCP1.SGM 12OCP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 62498

Notices Federal Register Vol. 75, No. 196

Tuesday, October 12, 2010

This section of the FEDERAL REGISTER the collection of information unless it suppress, control, prevent, or retard the contains documents other than rules or displays a currently valid OMB control spread of plant pests (such as citrus proposed rules that are applicable to the number. canker) new or widely distributed public. Notices of hearings and investigations, throughout the United States. The Animal and Plant Health Inspection committee meetings, agency decisions and Animal and Plant Health Inspection rulings, delegations of authority, filing of Service petitions and applications and agency Service (APHIS) amended the ‘‘Domestic Title: Importation of Unshu Oranges. Quarantine Notices’’ in 7 CFR part 301 statements of organization and functions are OMB Control Number: 0579–0173. examples of documents appearing in this by adding a new subpart, ‘‘Citrus section. Summary of Collection: The Plant Greening and Asian Citrus Psylid Protection Act (7 U.S.C. 7701–7772) (ACP)’’ (§§ 301.76 through 301.76–11). authorizes the Secretary of Agriculture Citrus greening, also known as DEPARTMENT OF AGRICULTURE to restrict the importation, entry or Huanglonghing disease of citrus, is interstate movement of plants, plant considered to be one of the most serious Submission for OMB Review; products, and other articles to prevent citrus diseases in the world. Comment Request the introduction of plant pest in the Need and Use of the Information: United States. The regulations in APHIS will collect information using October 5, 2010. ‘‘Subpart-Citrus Fruit’’ (7 CFR 319.28) The Department of Agriculture has various forms to address the risk allow the importation of unshu oranges associated with the interstate movement submitted the following information from Kyushu Island and Honshu Island, collection requirement(s) to OMB for of citrus nursery stock and other Japan, into the United States under regulated articles from areas review and clearance under the certain conditions. A certificate must Paperwork Reduction Act of 1995, quarantined for citrus greening. Failing accompany the unshu oranges from the to collect this information could cause Public Law 104–13. Comments Japanese plant protection service regarding (a) Whether the collection of a severe economic loss to the citrus certifying that the fruit is apparently industry. information is necessary for the proper free of citrus canker. performance of the functions of the Description of Respondents: Business Need and Use of the Information: The or other for-profit. agency, including whether the Animal and Plant Health Inspection information will have practical utility; Number of Respondents: 116. (APHIS) will collect information using Frequency of Responses: (b) the accuracy of the agency’s estimate form PPQ 203, Foreign Site Certificate of of burden including the validity of the Recordkeeping; Reporting: On occasion. Inspection and/or Treatment, PPQ 587, Total Burden Hours: 504. methodology and assumptions used; (c) Application for Permit to Import Plants ways to enhance the quality, utility and or Plant Products and box labeling. The Ruth Brown, clarity of the information to be information from the forms will be used Departmental Information Collection collected; (d) ways to minimize the to certify that unshu oranges from Japan Clearance Officer. burden of the collection of information are free of citrus canker and to also [FR Doc. 2010–25490 Filed 10–8–10; 8:45 am] on those who are to respond, including ensure that the oranges are not imported BILLING CODE 3410–34–P through the use of appropriate into citrus-producing areas of the automated, electronic, mechanical, or United States such as Florida and other technological collection California. Failing to collect this DEPARTMENT OF AGRICULTURE techniques or other forms of information information would cripple APHIS’ technology should be addressed to: Desk ability to ensure that Unshu oranges Submission for OMB Review; Officer for Agriculture, Office of from Japan are not carrying citrus Comment Request Information and Regulatory Affairs, canker. October 5, 2010. Office of Management and Budget Description of Respondents: Business The Department of Agriculture has (OMB), or other for-profit; State, Local or Tribal _ submitted the following information OIRA [email protected] or Government. fax (202) 395–5806 and to Departmental Number of Respondents: 23. collection requirement(s) to OMB for Clearance Office, USDA, OCIO, Mail Frequency of Responses: Reporting: review and clearance under the Stop 7602, Washington, DC 20250– On occasion. Paperwork Reduction Act of 1995, 7602. Comments regarding these Total Burden Hours: 5,535. Public Law 104–13. Comments information collections are best assured regarding (a) Whether the collection of of having their full effect if received Animal and Plant Health Inspection information is necessary for the proper within 30 days of this notification. Service performance of the functions of the Copies of the submission(s) may be Title: Citrus Greening and Asian agency, including whether the obtained by calling (202) 720–8958. Citrus Psylid; Quarantine and Interstate information will have practical utility; An agency may not conduct or Movement Regulations. (b) the accuracy of the agency’s estimate sponsor a collection of information OMB Control Number: 0579–0363. of burden including the validity of the unless the collection of information Summary of Collection: The Plant methodology and assumptions used; (c) displays a currently valid OMB control Protection Act (7 U.S.C. 7701 et seq.) ways to enhance the quality, utility and number and the agency informs authorizes the Secretary of Agriculture clarity of the information to be potential persons who are to respond to either independently or in cooperation collected; (d) ways to minimize the the collection of information that such with the States, to carry out operations burden of the collection of information persons are not required to respond to or measures to detect, eradicate, on those who are to respond, including

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62499

through the use of appropriate Frequency of Responses: is to hold a meeting to review submitted automated, electronic, mechanical, or Recordkeeping; Reporting: Annually. Title II project proposals and other technological collection Total Burden Hours: 2,849. recommend funding of projects in techniques or other forms of information Food and Nutrition Service accordance with Public Law 110–343. technology should be addressed to: Desk Officer for Agriculture, Office of Title: Supplemental Nutrition DATES: The meeting will be held on Information and Regulatory Affairs, Assistance Program (SNAP): State November 4, 2010, and will begin at 10 Office of Management and Budget Options. a.m. OMB Control Number: 0584–0496. (OMB), ADDRESSES: The meeting will be held at _ Summary of Collection: The Food, OIRA [email protected] or the Forest Service Park Falls Office, Conservation and Energy Act of 2008, fax (202) 395–5806 and to Departmental Large Conference Room, 1170 4th Ave. Clearance Office, USDA, OCIO, Mail Public Law 110–246, Section 4001– South, Park Falls, WI. Written Stop 7602, Washington, DC 20250– 4002, amended the Food and Nutrition comments should be sent to Sarah 7602. Comments regarding these Act of 2008 to rename the Food Stamp information collections are best assured Program the ‘‘Supplemental Nutrition Yoshikane, Chequamegon-Nicolet of having their full effect if received Assistance Program’’ (SNAP). The Act National Forest, P.O. Box 578, 113 East within 30 days of this notification. establishes SNAP as a means-tested Bayfield St., Washburn, WI 54891. Copies of the submission(s) may be program under which needy households Comments may also be sent via e-mail obtained by calling (202) 720–8958. may apply for and receive assistance to to [email protected], or via facsimile An agency may not conduct or supplement their ability to purchase to 715–373–2878. sponsor a collection of information food. The Act specifies national All comments, including names and unless the collection of information eligibility standards and imposes certain addresses when provided, are placed in displays a currently valid OMB control administrative requirements on State the record and are available for public number and the agency informs agencies in administering the program. inspection and copying. The public may potential persons who are to respond to The program is directly administered by inspect comments received at the collection of information that such State welfare agencies, which are Chequamegon-Nicolet National Forest, persons are not required to respond to responsible for determining the 113 East Bayfield St., Washburn, WI eligibility of applicant households and the collection of information unless it 54891. Visitors are encouraged to call displays a currently valid OMB control issuing benefits to those households ahead to 715–373–2667 to facilitate number. entitled to benefits under the Act. Need and Use of the Information: FNS entry into the building. Food and Nutrition Service will collect information from State FOR FURTHER INFORMATION CONTACT: Title: Operating Guidelines, Forms agencies on how the various SNAP Sarah Yoshikane, RAC coordinator, and Waivers implementation options will be USDA, Chequamegon-Nicolet National OMB Control Number: 0584–0083 determined. The information collected Forest, 113 East Bayfield St., Washburn, Summary of Collection: Under section will be used by FNS to establish quality 16 of the Food and Nutrition Act of WI 54891; (715) 373–2667; E-mail control reviews, standards and self- [email protected]. 2008 (the Act), 7 U.S.C. 2025, the employment costs. Secretary is authorized to pay each State Description of Respondents: State, Individuals who use agency an amount equal to 50 percent Local or Tribal Government. telecommunication devices for the deaf of all administrative costs involved in Number of Respondents: 53. (TDD) may call the Federal Information each State agency’s operation of the Frequency of Responses: Relay Service (FIRS) at 1–800–877–8339 Supplemental Nutrition Assistance Recordkeeping; Reporting: Annually. between 8 a.m. and 8 p.m., Eastern Program (SNAP). Under corresponding Total Burden Hours: 236. Standard Time, Monday through Friday. SNAP regulations at 7 CFR 272.2(c), the State agency must submit to the Food Ruth Brown, SUPPLEMENTARY INFORMATION: The and Nutrition Service (FNS) annually Departmental Information Collection meeting is open to the public. The for approval a Budget Projection Clearance Officer. following business will be conducted: Statement (FNS–366A), which projects [FR Doc. 2010–25491 Filed 10–8–10; 8:45 am] (1) Review and recommend funding of total costs for major areas of SNAP BILLING CODE 3410–30–P Title II project proposals in accordance operations during the preceding fiscal with Public Law 110–343; and (2) year and a Program Activity Statement Public Comment. Persons who wish to (FNS–366B), which provides program DEPARTMENT OF AGRICULTURE bring related matters to the attention of activity data for the preceding fiscal the Committee may file written Forest Service year. statements with the Committee staff Need and Use of the Information: FNS Chequamegon Resource Advisory before or after the meeting. will collect information to estimate Committee Dated: September 29, 2010. funding needs and also provide data on the number of applications processed, AGENCY: Forest Service, USDA. Paul I. V. Strong, number of fair hearings, and fraud ACTION: Notice of meeting. Forest Supervisor. control activity. FNS uses the data to [FR Doc. 2010–25596 Filed 10–8–10; 8:45 am] monitor State agency activity levels and SUMMARY: The Chequamegon Resource BILLING CODE 3410–11–P performance. If the information were Advisory Committee will meet in Park not collected it would disrupt budget Falls, Wisconsin. The committee is planning and delay appropriation meeting as authorized under the Secure distributions. Rural Schools and Community Self- Description of Respondents: State, Determination Act (Pub. L 110–343) and Local or Tribal Government. in compliance with the Federal Number of Respondents: 53. Advisory Committee Act. The purpose

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62500 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE meet in Thermopolis, Wyoming. The Committee is meeting as authorized Forest Service Forest Service under the Secure Rural Schools and Community Self-Determination Act Federal Advisory Committee Meeting Meeting of the Land Between the (Pub. L. 110–343) and in compliance To Be Held Authorized Under the Lakes Advisory Board with the Federal Advisory Committee Secure Rural Schools Act and AGENCY: Forest Service, USDA. Act. The purpose of the meeting is to Community Self-Determination Act, ACTION: Notice of meeting. finalize the Committee’s operating Public Law 110–343 guidelines and develop criteria for SUMMARY: The Land Between The Lakes prioritizing Title II projects. AGENCY: Forest Service, U.S.D.A. Advisory Board will hold a meeting on DATES: The meeting will be held ACTION: Announcement of meeting. Thursday, November 18, 2010. Notice of October 27, 2010, 9 a.m. this meeting is given under the Federal ADDRESSES: The meeting will be held at SUMMARY: On November 3, 2010, the U.S Advisory Committee Act, 5 U.S.C. Forest Service will host a meeting of the Big Horn Federal Savings, 643 App.2. Broadway, Thermopolis, Wyoming. federally designated Secure Rural The meeting agenda includes the FOR FURTHER INFORMATION CONTACT: Schools Resource Advisory Committee following: Olga (RAC). The public is invited to attend (1) Welcome/Introductions Troxel, Resource Advisory Committee the meeting and provide input. A (2) Environmental Education Coordinator, Shoshone National Forest Secure Rural Schools RAC provides (3) Orientation of New Members Supervisor’s Office, (307) 578–5164. advice and recommendations to the (4) LBL Updates Individuals who use Forest Service on the development and (5) Board Discussion of Comments telecommunication devices for the deaf implementation of special projects as Received (TDD) may call the Federal Information authorized under the Secure Rural The meeting is open to the public. Relay Service (FIRS) at 1–800–877–8339 Schools and Community Self- Written comments are invited and may between 8 a.m. and 8 p.m., Eastern Determination Act, Public Law 110–343. be mailed to: William P. Lisowsky, Area Standard Time, Monday through Friday. Supervisor, Land Between The Lakes, SUPPLEMENTARY INFORMATION: The DATES: The meeting will be held on 100 Van Morgan Drive, Golden Pond, meeting is open to the public. The November 3, 2010 from 12 to 4 p.m. Kentucky 42211. Written comments following business will be conducted: ADDRESSES: The meeting location is U.S. must be received at Land Between The (1) Finalize the Committee’s Operating Forest Service, Osceola Ranger District Lakes by November 11, 2010, in order Guidelines, (2) Develop criteria for Office, 24874 U.S. Highway 90, Olustee, for copies to be provided to the selecting Title II projects, (3) Discuss FL 32072. members at the meeting. Board members procedures for requesting project FOR FURTHER INFORMATION CONTACT: will review written comments received, submittals. Persons who wish to bring Denise Rains, Public Services Staff and at their request, oral clarification related matters to the attention of the Officer, 850–523–8568, e-mail may be requested at a future meeting. Committee may file written statements [email protected]. DATES: The meeting will be held on with the Committee staff before or after November 18, 2010, 9 a.m. to 3:30 p.m., the meeting. Public input sessions will SUPPLEMENTARY INFORMATION: Florida’s CST. be provided. RAC consists of 15 people selected to ADDRESSES: The meeting will be held at Dated: October 4, 2010. serve on the committee by Secretary of the Land Between The Lakes Agriculture Tom Vilsack. Members are David M. Pieper, Administrative Building, Golden Pond, Acting Forest Supervisor. from throughout the State and represent Kentucky, and will be open to the [FR Doc. 2010–25418 Filed 10–8–10; 8:45 am] varied interests and areas of expertise. public. They will work collaboratively to BILLING CODE 3410–11–M improve working relationships among FOR FURTHER INFORMATION CONTACT: community members and national forest Kylie Urquhart, Advisory Board Liaison, personnel. Land Between The Lakes, 100 Van DEPARTMENT OF AGRICULTURE Morgan Drive, Golden Pond, Kentucky Five Florida counties, Liberty, 42211, 270–924–2002. Animal and Plant Health Inspection Wakulla, Columbia, Baker and Marion, Service elected to set aside a percentage of their SUPPLEMENTARY INFORMATION: None. Secure Rural Schools payment. Counties Dated: October 5, 2010. [Docket No. APHIS–2010–0096] receive a payment annually for having William P. Lisowsky, Notice of Availability of a Pest Risk National Forest lands within their Area Supervisor, Land Between The Lakes. Analysis for the Importation of Fresh boundaries. The RAC will ultimately [FR Doc. 2010–25537 Filed 10–8–10; 8:45 am] Strawberries From Jordan review and recommend projects to be BILLING CODE 3410–11–P funded from this money. AGENCY: Animal and Plant Health Projects approved must benefit Inspection Service, USDA. National Forests lands. Projects can DEPARTMENT OF AGRICULTURE ACTION: Notice. maintain infrastructure, improve the health of watersheds and ecosystems, Forest Service SUMMARY: We are advising the public that we have prepared a pest risk protect communities, and strengthen Shoshone Resource Advisory local economies. analysis that evaluates the risks Committee associated with the importation into the Dated: October 5, 2010. AGENCY: Forest Service, USDA. continental United States of fresh Teri Cleeland, ACTION: Notice of meeting. strawberries from Jordan. Based on this Deputy Forest Supervisor. analysis, we believe that the application [FR Doc. 2010–25603 Filed 10–8–10; 8:45 am] SUMMARY: The Shoshone Resource of one or more designated phytosanitary BILLING CODE 3410–11–P Advisory Committee (Committee) will measures will be sufficient to mitigate

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62501

the risks of introducing or disseminating imported subject to one or more of the conclusions of the analysis and the plant pests or noxious weeds via the designated phytosanitary measures Administrator’s determination of risk importation of fresh strawberries from listed in paragraph (b) of that section. remain unchanged following our Jordan. We are making the pest risk These measures are: consideration of the comments, then we analysis available to the public for • The fruits or vegetables are subject will begin issuing permits for the review and comment. to inspection upon arrival in the United importation of fresh strawberries from DATES: We will consider all comments States and comply with all applicable Jordan into the continental United provisions of § 319.56–3; States subject to the requirements that we receive on or before December • 13, 2010. The fruits or vegetables are specified in the risk management imported from a pest-free area in the ADDRESSES: You may submit comments document. country of origin that meets the by either of the following methods: requirements of § 319.56–5 for freedom Authority: 7 U.S.C. 450, 7701–7772, and • Federal eRulemaking Portal: Go to 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR from that pest and are accompanied by http://www.regulations.gov/fdmspublic/ 2.22, 2.80, and 371.3. a phytosanitary certificate stating that component/main?main=DocketDetail& the fruits or vegetables originated in a Done in Washington, DC, this 5th day of d=APHIS–2010–0096 to submit or view pest-free area in the country of origin; October 2010. comments and to view supporting and • The fruits or vegetables are treated Gregory Parham, related materials available in accordance with 7 CFR part 305; Acting Administrator, Animal and Plant electronically. • Health Inspection Service. • The fruits or vegetables are Postal Mail/Commercial Delivery: inspected in the country of origin by an [FR Doc. 2010–25569 Filed 10–8–10; 8:45 am] Please send one copy of your comment inspector or an official of the national BILLING CODE 3410–34–P to Docket No. APHIS–2010–0096, plant protection organization of the Regulatory Analysis and Development, exporting country, and have been found PPD, APHIS, Station 3A–03.8, 4700 free of one or more specific quarantine AGENCY FOR INTERNATIONAL River Road Unit 118, Riverdale, MD pests identified by the risk assessment DEVELOPMENT 20737–1238. Please state that your as likely to follow the import pathway; comment refers to Docket No. APHIS– and/or Senior Executive Service Performance 2010–0096. • The fruits or vegetables are a Review Board: Update Reading Room: You may read any commercial consignment. comments that we receive on this APHIS received a request from the AGENCY: U.S. Agency For International docket in our reading room. The reading Kingdom of Jordan to allow the Development, Office Of Inspector room is located in room 1141 of the importation of fresh strawberries from General. USDA South Building, 14th Street and Jordan into the continental United ACTION: Notice. Independence Avenue, SW., States. We have completed a pest risk SUMMARY: This notice is hereby given of Washington, DC. Normal reading room assessment for this commodity to the appointment of members of the hours are 8 a.m. to 4:30 p.m., Monday identify pests of quarantine significance updated U.S. Agency for International through Friday, except holidays. To be that could follow the pathway of Development, Office of Inspector sure someone is there to help you, importation into the United States and, General’s Senior Executive Service please call (202) 690–2817 before based on this assessment, have prepared Performance Review Board. coming. a risk management document to identify Other Information: Additional phytosanitary measures that could be DATES: September 27, 2010. information about APHIS and its applied to fresh strawberries from FOR FURTHER INFORMATION CONTACT: programs is available on the Internet at Jordan to mitigate the pest risk. We have Robert S. Ross, Assistant Inspector http://www.aphis.usda.gov. concluded that fresh strawberries can be General for Management, Office of FOR FURTHER INFORMATION CONTACT: Ms. safely imported into the continental Inspector General (OIG), U.S. Agency for Donna L. West, Senior Import United States from Jordan using one or International Development (USAID), Specialist, RPM, PHP, PPQ, APHIS, more of the five designated 1300 Pennsylvania Avenue, NW., Room 4700 River Road Unit, 133, Riverdale, phytosanitary measures listed in 8.08–029, Washington, DC 20523–8700; MD 20737; (301) 734–0627. § 319.56–4(b). Therefore, in accordance telephone 202–712–0010; FAX 202– SUPPLEMENTARY INFORMATION: with § 319.56–4(c), we are announcing 216–3392; Internet e-mail address: the availability of our pest risk analysis [email protected] (for e-mail messages, Background for public review and comment. The the subject line should include the Under the regulations in ‘‘Subpart— pest risk analysis may be viewed on the following reference—USAID OIG Senior Fruits and Vegetables’’ (7 CFR 319.56–1 Regulations.gov Web site or in our Executive Service (SES) Performance through 319.56–50, referred to below as reading room (see ADDRESSES above for Review Board). the regulations), the Animal and Plant a link to Regulations.gov and SUPPLEMENTARY INFORMATION: 5 U.S.C. Health Inspection Service (APHIS) of information on the location and hours of 4314(b)(c) requires each agency to the U.S. Department of Agriculture the reading room). You may request establish, in accordance with prohibits or restricts the importation of paper copies of the pest risk analysis by regulations prescribed by the Office of fruits and vegetables into the United calling or writing to the person listed Personnel Management at 5 CFR part States from certain parts of the world to under FOR FURTHER INFORMATION 430, subpart C and § 430.307 thereof in prevent plant pests from being CONTACT. Please refer to the subject of particular, one or more Senior Executive introduced into and spread within the the pest risk analysis you wish to review Service Performance Review Boards. United States. when requesting copies. The board shall review and evaluate the Section 319.56–4 contains a After reviewing any comments we initial appraisal of each USAID OIG performance-based process for receive, we will announce our decision senior executive’s performance by his or approving the importation of regarding the import status of fresh her supervisor, along with any commodities that, based on the findings strawberries from Jordan in a recommendations to the appointing of a pest-risk analysis, can be safely subsequent notice. If the overall authority relative to the performance of

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62502 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

the senior executive. This notice ADDRESSES: Direct all written comments Organizations that have signed up to updates the membership of the USAID to Diana Hynek, Departmental this list are deemed ‘‘adequate’’ under OIG’s SES Performance Review Board as Paperwork Clearance Officer, the Directive and do not have to provide it was last published on September 22, Department of Commerce, Room 6616, further documentation to European 2009. 14th and Constitution Avenue, NW., officials. This list will be used by EU Approved: September 27, 2010. Washington, DC 20230 (or via the citizens and organizations to determine The following have been selected as Internet at [email protected]). whether further information and regular members of the SES contracts will be needed for a U.S. FOR FURTHER INFORMATION CONTACT: Performance Review Board of the organization to receive personally Requests for additional information or USAID OIG: identifiable information. This list is copies of the information collection necessary to make the Safe Harbor Michael G. Carroll, Deputy Inspector instrument and instructions should be accord operational, and was a key General directed to: Damon Greer, U.S. Howard Hendershot, Assistant Inspector demand of the Europeans in agreeing Department of Commerce, International General for Investigations that the Principles were providing Robert S. Ross, Assistant Inspector Trade Administration, Room 2003, 1401 ‘‘adequate’’ privacy protection. General for Management Constitution Avenue, NW., Washington, The Safe Harbor provides a number of Lisa S. Goldfluss, Legal Counsel to the DC 20230; Phone number: (202) 482– important benefits to U.S. firms. Most Inspector General 5023 and fax number: (202) 482–5522. importantly, it provides predictability Alvin A. Brown, Assistant Inspector SUPPLEMENTARY INFORMATION: and continuity for U.S. organizations General, Millennium Challenge that receive personal information from Corporation I. Abstract the EU. Personally identifiable Melinda Dempsey, Deputy Assistant In response to the European Union information is defined as any Inspector General for Audit Directive on Data Protection that information that can be identified to a Winona Varnon, Principal Deputy restricts transfers of personal specific person, for example an Assistant Secretary, Office of information from Europe to countries employee’s name and extension would Management, Department of whose privacy practices are not deemed be considered personally identifiable Education ‘‘adequate,’’ the U.S. Department of information. All 27 member countries Mark Bialek, Counsel to the Inspector Commerce has developed a ‘‘Safe are bound by the European General, Environmental Protection Harbor’’ framework that will allow U.S. Commission’s finding of ‘‘adequacy’’. Agency organizations to satisfy the European The Safe Harbor also eliminates the Richard Clark, Deputy Assistant need for prior approval to begin data Inspector General, Investigations, Directive’s requirements and ensure that personal data flows to the United States transfers, or makes approval from the Department of Labor appropriate EU member countries Robert Peterson, Assistant Inspector are not interrupted. In this process, the Department of Commerce (DOC) automatic. The Safe Harbor principles General for Inspections, Department offer a simpler and cheaper means of of State repeatedly consulted with U.S. organizations affected by the European complying with the adequacy Dated: September 28, 2010. Directive and interested non- requirements of the Directive, which Donald A. Gambatesa, government organizations. On July 26, should particularly benefit small and Inspector General. 2000, the European Commission issued medium enterprises. The decision to enter the Safe Harbor [FR Doc. 2010–25592 Filed 10–8–10; 8:45 am] its decision in accordance with Article is entirely voluntary. Organizations that BILLING CODE 6116–01–P 25.6 of the Directive that the Safe decide to participate in the Safe Harbor Harbor Privacy Principles provide must comply with the safe harbor’s adequate privacy protection. The Safe requirements and publicly declare that DEPARTMENT OF COMMERCE Harbor framework bridges the they do so. To be assured of Safe Harbor differences between the European benefits, an organization needs to International Trade Administration Union (EU) and U.S. approaches to reaffirm its self-certification annually privacy protection. The complete set of (Form ITA–4149P) to the DOC that it Proposed Information Collection; Safe Harbor documents and additional Comment Request; Information for agrees to adhere to the safe harbor’s guidance materials may be found at requirements, which includes elements Self-Certification Under FAQ 6 of the http://export.gov/safeharbor. United States—European Union Safe such as notice, choice, access, data Once the Safe Harbor was deemed Harbor Privacy Framework integrity, security and enforcement. ‘‘adequate’’ by the European This list will be most regularly used AGENCY: International Trade Commission on July 26, 2000, the DOC by EU organizations to determine Administration. began working on the requirements that whether further information and ACTION: Notice. are necessary to put this accord into contracts will be needed by a U.S. effect. The European Member States organization to receive personally SUMMARY: The Department of implemented the decision made by the identifiable information. It will be used Commerce, as part of its continuing Commission within 90 days. Therefore, by the European Data Protection effort to reduce paperwork and the Safe Harbor became operational on Authorities to determine whether a respondent burden, invites the general November 1, 2000. The Department of company is providing ‘‘adequate’’ public and other Federal agencies to Commerce created a list for U.S. protection, and whether a company has take this opportunity to comment on organizations to sign up to the Safe requested to cooperate with the Data proposed and/or continuing information Harbor and provided guidance on the Protection Authority. This list will be collections, as required by the mechanics of signing up to this list. As accessed when there is a complaint Paperwork Reduction Act of 1995. of May 12, 2010, 2,200 U.S. logged in the EU against a U.S. DATES: Written comments must be organizations have been placed on the organization. This will be on a monthly submitted on or before December 13, Safe Harbor List, located at http:// basis. It will be used by the Federal 2010. export.gov/safeharbor. Trade Commission and the Department

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62503

of Transportation to determine whether DEPARTMENT OF COMMERCE copies of the information collection a company is part of the Safe Harbor. instrument and instructions should be This will be accessed if a company is National Oceanic and Atmospheric directed to Heidi Hermsmeyer, 562– practicing ‘‘unfair and deceptive’’ Administration 980–4036 or practices and has misrepresented itself [email protected]. Correction: Proposed Information to the public. It will be used by the DOC Collection; Comment Request; SUPPLEMENTARY INFORMATION: and the European Commission to Comprehensive Data Collection on I. Abstract determine if organizations are signing Fishing Dependence of Alaska up to the list. This list is updated on a Communities United States (U.S.) participation in regular basis. the Inter-American Tropical Tuna AGENCY: National Oceanic and II. Method of Collection Commission (IATTC) results in certain Atmospheric Administration (NOAA). recordkeeping requirements for U.S. The self-certification form is available ACTION: Correction. fishermen who fish in the IATTC’s area via the Internet at http://export.gov/ of management responsibility. These SUMMARY: On September 28, 2010, a fishermen must maintain a log of all safeharbor/ and by mail to requesting notice was published in the Federal organizations. operations conducted from the fishing Register (75 FR 59687) on the proposed vessel, including the date, noon III. Data information collection, Comprehensive position, and the tonnage of fish aboard Data Collection on Fishing Dependence the vessel, by species. The logbook form OMB Control Number: 0625–0239. of Alaska Communities. provided by the IATTC is universally FOR FURTHER Form Number(s): ITA–4149P. Under the heading used by U.S. fishermen to meet this INFORMATION CONTACT, the e-mail Type of Review: Regular submission. recordkeeping requirement. The address is corrected to read information in the logbooks includes Affected Public: Business or for-profit [email protected]. areas and times of operation and catch All other information in the notice is organizations. and effort by area. Logbook data are correct and remains unchanged. Estimated Number of Respondents: used in stock assessments and other 500. Dated: October 6, 2010. research concerning the fishery. If the Estimated Time per Response: 18 Gwellnar Banks, data were not collected or if erroneous minutes—Web site; 40 minutes—letter. Management Analyst, Office of the Chief data were provided, the IATTC Information Officer. assessments would likely be incorrect Estimated Total Annual Burden [FR Doc. 2010–25581 Filed 10–8–10; 8:45 am] and there would be an increased risk of Hours: 350 hours. BILLING CODE 3510–22–P overfishing or inadequate management Estimated Total Annual Cost to of the fishery. Public: $100,000. DEPARTMENT OF COMMERCE II. Method of Collection IV. Request for Comments Vessel operators maintain bridge logs National Oceanic and Atmospheric Comments are invited on: (a) Whether on a daily basis, and the forms are either Administration mailed to the IATTC or to National the proposed collection of information Marine Fisheries Service (NMFS) at the is necessary for the proper performance Proposed Information Collection; completion of each trip. The data are of the functions of the agency, including Comment Request; Pacific Tuna processed and maintained as whether the information shall have Fisheries Logbook confidential by the IATTC. practical utility; (b) the accuracy of the AGENCY: National Oceanic and agency’s estimate of the burden III. Data Atmospheric Administration (NOAA). (including hours and cost) of the OMB Control Number: 0648–0148. ACTION: Notice. proposed collection of information; (c) Form Number: None. ways to enhance the quality, utility, and SUMMARY: The Department of Type of Review: Regular submission. clarity of the information to be Commerce, as part of its continuing Affected Public: Individuals or collected; and (d) ways to minimize the effort to reduce paperwork and households, business or other for profit burden of the collection of information respondent burden, invites the general organizations. on respondents, including through the public and other Federal agencies to Estimated Number of Respondents: use of automated collection techniques take this opportunity to comment on 20. or other forms of information proposed and/or continuing information Estimated Time per Response: 5 technology. collections, as required by the minutes. Estimated Total Annual Burden Comments submitted in response to Paperwork Reduction Act of 1995. Hours: 129. this notice will be summarized and/or DATES: Written comments must be submitted on or before December 13, Estimated Total Annual Cost to included in the request for OMB Public: $0. approval of this information collection; 2010. they also will become a matter of public ADDRESSES: Direct all written comments IV. Request for Comments record. to Diana Hynek, Departmental Comments are invited on: (a) Whether Dated: October 5, 2010. Paperwork Clearance Officer, the proposed collection of information Department of Commerce, Room 6616, Gwellnar Banks, is necessary for the proper performance 14th and Constitution Avenue, NW., of the functions of the agency, including Management Analyst, Office of the Chief Washington, DC 20230 (or via the whether the information shall have Information Officer. Internet at [email protected]). practical utility; (b) the accuracy of the [FR Doc. 2010–25454 Filed 10–8–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden BILLING CODE 3510–DR–P Requests for additional information or (including hours and cost) of the

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62504 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

proposed collection of information; (c) SUPPLEMENTARY INFORMATION: In July produced by Starbright and exported by ways to enhance the quality, utility, and 2008, the Department published a final Starbright/GPX changed from 29.93 clarity of the information to be determination in which it determined percent to 31.79 percent, the weighted- collected; and (d) ways to minimize the that OTR tires from the PRC are being, average dumping margin calculated for burden of the collection of information or are likely to be, sold in the United subject merchandise produced and on respondents, including through the States as less than fair value as provided exported by TUTRIC changed from 8.44 use of automated collection techniques in section 735 of the Tariff Act of 1930, percent to 10.08 percent, and the or other forms of information as amended (‘‘Act’’). See Certain New weighted-average dumping margin technology. Pneumatic Off-The-Road-Tires from the calculated for separate rate companies People’s Republic of China: Final Comments submitted in response to changed from 12.19 percent to 13.92 Affirmative Determination of Sales at this notice will be summarized and/or percent. Id. at 9–12. The CIT affirmed Less Than Fair Value and Partial included in the request for OMB the Department’s remand approval of this information collection; Affirmative Determination of Critical redetermination on October 1, 2010. See they also will become a matter of public Circumstances, 73 FR 40485 (July 15, GPX III. record. 2008) (‘‘Final Determination’’), as amended by Certain New Pneumatic Dated: October 6, 2010. Timken Notice Off-the-Road Tires from the People’s Gwellnar Banks, Republic of China: Notice of Amended In its decision in Timken Co., v. Management Analyst, Office of the Chief Final Affirmative Determination of Sales United States, 893 F. 2d 337, 341 (Fed. Information Officer. at Less than Fair Value and Cir. 1990) (‘‘Timken’’), the United States [FR Doc. 2010–25553 Filed 10–8–10; 8:45 am] Antidumping Duty Order, 73 FR 51624 Court of Appeals for the Federal Circuit BILLING CODE 3510–22–P (September 4, 2008). held that, pursuant to section 516A(e) of Respondent company Hebei the Act, the Department must publish a Starbright Tire Co., Ltd. (‘‘Starbright’’), DEPARTMENT OF COMMERCE notice of a court decision that is not ‘‘in its importer GPX International Tire harmony’’ with a Department Corporation (‘‘GPX’’), petitioners Titan International Trade Administration determination and must suspend Tire Corporation and the United Steel, liquidation of entries pending a Paper and Forestry, Rubber, [A–570–912] ‘‘ ’’ Manufacturing, Energy, Allied and conclusive court decision. The CIT’s Industrial Service Workers International GPX III decision of October 1, 2010, Certain New Pneumatic Off-the-Road constitutes a final decision of that court Tires From the People’s Republic of Union, AFL–CIO–CLC (collectively, ‘‘Titan’’), and domestic interested party that is not in harmony with the China: Notice of Decision of the Court Department’s Final Determination. This of International Trade Not in Harmony Bridgestone Americas, Inc. and Bridgestone Americas Tire Operations, notice is published in fulfillment of the AGENCY: Import Administration, LLC (collectively, ‘‘Bridgestone’’), each publication requirements of Timken. International Trade Administration, timely challenged various aspects of the Accordingly, the Department will Department of Commerce. Final Determination to the CIT. Among continue the suspension of liquidation SUMMARY: On October 1, 2010, the the issues raised before the Court was of the subject merchandise pending the United States Court of International the valuation of wire input consumed expiration of the period of appeal or, if Trade (‘‘CIT’’) sustained the remand by two of the respondent companies, appealed, pending a final and redetermination made by the Starbright and Tianjin United Tire & conclusive court decision. In the event Department of Commerce Rubber International Co., Ltd. the CIT’s decision is not appealed or is (‘‘Department’’) pursuant to the CIT’s (‘‘TUTRIC’’), under the factors of affirmed on appeal, the Department will remand of the final determination in the production methodology to calculate publish an amended final determination antidumping duty investigation on normal value in a non-market economy revising the weighted-average dumping certain new pneumatic off-the-road tires country pursuant to section 773(c)(1)(B) margin calculated for Starbright/GPX, of the Act. (‘‘OTR tires’’) from the People’s Republic TUTRIC, and the separate rate of China (‘‘PRC’’). See GPX Int’l Tire On August 4, 2010, pursuant to the Department’s request for a voluntary companies and will issue revised cash Corp. v. United States, Consol. Ct. No. deposit instructions to U.S. Customs 08–00285, Slip Op. 10–112 (Ct. Int’l remand, the CIT remanded the wire and Border Protection. Trade October 1, 2010) (‘‘GPX III’’). This input valuation issue to the Department case arises out of the Department’s final for reconsideration or further This notice is issued and published in determination in the antidumping explanation. See GPX Int’l Tire Corp. v. accordance with section 516A(c)(1) of investigation on OTR tires from the United States, Consol. Ct. No. 08–00285, the Act. PRC. The final judgment in this case Slip Op. 10–84 at *19–*20, *28 (Ct. Int’l Trade August 4, 2010) (‘‘GPX II’’). In a Dated: October 6, 2010. was not in harmony with the Ronald K. Lorentzen, Department’s July 2008 final remand redetermination filed on determination. September 3, 2010, the Department Deputy Assistant Secretary for Import determined that record evidence Administration. DATES: Effective Date: October 12, 2010. supported using a different surrogate [FR Doc. 2010–25688 Filed 10–8–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: Lilit value for the wire input consumed by BILLING CODE 3510–DS–P Astvatsatrian or Charles Riggle, AD/CVD Starbright and TUTRIC in the Operations, Office 8, Import production of OTR tires. See Second Administration, International Trade Remand Redetermination, GPX Int’l Tire Administration, U.S. Department of Corp. v. United States, Consol. Ct. No. Commerce, 14th Street and Constitution 08–00285, dated September 3, 2010, at Avenue, NW., Washington, DC 20230; 4–9. As a result of this change, the telephone (202) 482–6412 or (202) 482– weighted-average dumping margin 0650, respectively. calculated for subject merchandise

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62505

DEPARTMENT OF COMMERCE from the PRC. See Certain New specific facts of each subsidy to Pneumatic Off-the-Road Tires From the determine the nature of each subsidy International Trade Administration People’s Republic of China: and the point in time that each type of [C–570–913] Countervailing Duty Order, 73 FR 51627 subsidy became measurable. Id. at 20– (September 4, 2008). 40, 51–53. Certain New Pneumatic Off-the-Road Domestic interested party Bridgestone On August 4, 2010, the CIT ruled the Tires From the People’s Republic of Americas, Inc. and Bridgestone above-described offset methodology to China: Notice of Decision of the Court Americas Tire Operations, LLC be unreasonable and inconsistent with of International Trade Not in Harmony (collectively, ‘‘Bridgestone’’), petitioners the statute and ordered the Department Titan Tire Corporation and the United ‘‘to forego the imposition of CVDs on the AGENCY: Import Administration, Steel, Paper and Forestry, Rubber, merchandise at issue.’’ GPX Int’l Tire International Trade Administration, Manufacturing, Energy, Allied and Department of Commerce. Corp. v. United States, Consol. Ct. No. Industrial Service Workers International 08–00285, Slip Op. 10–84 at *28 (Ct. SUMMARY: On October 1, 2010, the Union, AFL–CIO–CLC (collectively, Int’l Trade August 4, 2010) (‘‘GPX II’’). United States Court of International ‘‘Titan’’), interested party GPX Accordingly, in a second remand Trade (‘‘CIT’’) sustained the second International Tire Corporation, and redetermination filed with the CIT remand redetermination made by the respondent companies Starbright and under protest on September 3, 2010, the Department of Commerce TUTRIC each timely challenged various Department excluded Starbright and (‘‘Department’’) pursuant to the CIT’s aspects of the Final Determination to the TUTRIC from the CVD order, but remand of the final determination in the CIT. Among the issues raised before the continued to apply its revised approach countervailing duty investigation on Court were the Department’s authority to selecting the date on which to certain new pneumatic off-the-road tires to apply the CVD law to the PRC while identify and measure subsidies adopted (‘‘OTR tires’’) from the People’s Republic also treating the PRC as a non-market under protest in its initial remand of China (‘‘PRC’’). See GPX Int’l Tire ‘‘ ’’ economy ( NME ) country for redetermination with respect to GTC. Corp. v. United States, Consol. Ct. No. antidumping (‘‘AD’’) purposes and the See Second Remand Redetermination, 08–00285, Slip Op. 10–112 (Ct. Int’l Department’s application of a cut-off GPX Int’l Tire Corp. v. United States, Trade October 1, 2010) (‘‘GPX III’’). This date of December 11, 2001, the date of Consol. Ct. No. 08–00285, dated case arises out of the Department’s final the PRC’s accession to the World Trade September 3, 2010, at 2–4. As a result, determination in the countervailing Organization, for identifying and the Department calculated a CVD rate of duty (‘‘CVD’’) investigation on OTR tires measuring subsidies in the PRC. 3.35 percent for GTC and an all-others from the PRC. The final judgment in this On September 18, 2009, the CIT CVD rate of 3.35 percent. Id. at 8. The case was not in harmony with the remanded this matter to the Department CIT affirmed the Department’s second Department’s July 2008 final either ‘‘to forego the imposition of CVDs remand redetermination on October 1, determination. on the merchandise at issue or * * * to adopt additional policies and 2010. See GPX III, Slip Op. 09–112 at DATES: Effective Date: October 12, 2010. procedures to adapt its NME AD and *3. FOR FURTHER INFORMATION CONTACT: CVD methodologies to account for the Timken Notice Andrew Huston or Jack Zhao, AD/CVD imposition of CVD remedies on Operations, Office 6, Import merchandise from the PRC.’’ GPX Int’l In its decision in Timken Co., v. Administration, International Trade Tire Corp. v. United States, Consol. Ct. United States, 893 F. 2d 337, 341 (Fed. Administration, U.S. Department of No. 08–00285, Slip Op. 09–103 at *33 Cir. 1990) (‘‘Timken’’), the United States Commerce, 14th Street and Constitution (Ct. Int’l Trade September 18, 2009) Court of Appeals for the Federal Circuit Avenue, NW., Washington DC 20230; (‘‘GPX I’’). The CIT also ordered the held that, pursuant to section 516A(e) of telephone (202) 482–4261 or (202) 482– Department, should it continue to the Tariff Act of 1930, as amended (‘‘the 1396, respectively. impose CVD remedies, to ‘‘refrain from Act’’), the Department must publish a SUPPLEMENTARY INFORMATION: In July using a uniform cut-off date for notice of a court decision that is not ‘‘in 2008, the Department published a final identifying and measuring subsidies in harmony’’ with a Department determination in which it found that the PRC while it remains a designated determination and must suspend countervailable subsidies are being NME and must evaluate the specific liquidation of entries pending a provided to producers/exporters of OTR facts of each subsidy to determine what ‘‘conclusive’’ court decision. The CIT’s tires from the PRC. See Certain New kind of subsidy exists and whether it is GPX III decision of October 1, 2010 Pneumatic Off-The-Road-Tires From the measurable at a particular time in the constitutes a final decision of that court People’s Republic of China: Final PRC.’’ Id. that is not in harmony with the Affirmative Countervailing Duty On April 26, 2010, the Department Department’s Final Determination. This Determination and Final Negative issued an initial remand notice is published in fulfillment of the Determination of Critical redetermination under protest in which publication requirements of Timken. Circumstances, 73 FR 40480 (July 15, it continued to impose CVD remedies Accordingly, the Department will 2008) (‘‘Final Determination’’). As part of upon imports of subject merchandise continue the suspension of liquidation the Final Determination, the Department from the PRC, but determined, for of the subject merchandise pending the calculated a CVD rate of 14.00 percent certain of those imports, to offset those expiration of the period of appeal or, if for Hebei Starbright Tire Co., Ltd. CVDs against calculated dumping appealed, pending a final and (‘‘Starbright’’), 6.85 percent for Tianjin margins. See Remand Redetermination, conclusive court decision. In the event United Tire & Rubber International Co., GPX Int’l Tire Corp. v. United States, the CIT’s decision is not appealed or is Ltd. (‘‘TUTRIC’’), and 2.45 percent for Consol. Ct. No. 08–00285, dated April affirmed on appeal, the Department will Guizhou Tire Co., Ltd. (‘‘GTC’’) and an 26, 2010, at 7–11, 42–44. The publish an amended final determination all-others CVD rate of 5.62 percent. See Department also under protest refrained excluding OTR tires produced and Final Determination, 73 FR at 40483. On from using a uniform cut-off date for exported by Starbright or TUTRIC from September 4, 2008, the Department identifying and measuring subsidies in the countervailing duty order on OTR published a CVD order on OTR tires the PRC and instead evaluated the tires from the PRC and will issue

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62506 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

revised instructions to U.S. Customs DEPARTMENT OF COMMERCE SUMMARY: This notice updates and Border Protection. information relative to the SEDAR 21 National Oceanic and Atmospheric This notice is issued and published in assessments of the HMS stocks of Administration accordance with section 516A(c)(1) of sandbar, dusky, and blacknose sharks the Act. RIN 0648–XY43 will consist of a series of workshops and webinars: a Data Workshop, a series of Dated: October 6, 2010. Fisheries of the Gulf of Mexico and Assessment webinars, and a Review Ronald K. Lorentzen, South Atlantic; Southeast Data, Workshop. See SUPPLEMENTARY Deputy Assistant Secretary for Import Assessment, and Review (SEDAR); INFORMATION. Administration. Assessment Process Webinars for DATES: The SEDAR 21 Assessment [FR Doc. 2010–25689 Filed 10–8–10; 8:45 am] Highly Migratory Species (HMS) Process I webinars will be held between BILLING CODE 3510–DS–P Fisheries Sandbar, Dusky, and September 14th and December 8th, Blacknose Sharks; Webinars; 2010. See SUPPLEMENTARY INFORMATION Correction for exact dates and times. Note: The AGENCY: National Marine Fisheries schedule has been modified to add a Service (NMFS), National Oceanic and webinar on October 22nd. Atmospheric Administration (NOAA), The established times may be Commerce. adjusted as necessary to accommodate the timely completion of discussion ACTION: Notice of addendum to a relevant to the assessment process. Such meeting notice for SEDAR 21 HMS of adjustments may result in the meeting sandbar, dusky, and blacknose sharks being extended from, or completed prior assessment webinars. to the time established by this notice.

Webinar Date Day Time (Eastern)

1 ...... September 14, 2010 ...... Tuesday ...... 10 am–2 pm 2 ...... September 16, 2010 ...... Thursday ...... 10 am–2 pm 3 ...... September 30, 2010 ...... Thursday ...... 1pm–5 pm 4 ...... October 5, 2010 ...... Tuesday ...... 9:30 am–12:30 pm 5 ...... October 8, 2010 ...... Friday ...... 10 am–2 pm 6 ...... October 22, 2010 ...... Friday ...... 11 am–3 pm 7 ...... October 26, 2010 ...... Tuesday ...... 10 am–2 pm 8 ...... October 28, 2010 ...... Thursday ...... 10 am–2 pm 9 ...... November 2, 2010 ...... Tuesday ...... 10 am–2 pm 10 ...... November 4, 2010 ...... Thursday ...... 10 am–2 pm 11 ...... November 8, 2010 ...... Monday ...... 10 am–2 pm 12 ...... November 10, 2010 ...... Wednesday ...... 10 am–2 pm 13 ...... December 8, 2010 ...... Wednesday ...... 10 am–2 pm

ADDRESSES: The meeting will be held determining the status of fish stocks in Fisheries Southeast Regional Office, via webinar. The webinar is open to the Southeast Region. SEDAR is a three- HMS Management Division, and members of the public. Those interested step process including: (1) Data Southeast Fisheries Science Center. in participating should contact Julie A. Workshop, (2) Assessment Process Participants include data collectors and Neer at SEDAR (See Contact Information utilizing webinars and (3) Review database managers; stock assessment Below) to request an invitation Workshop. The product of the Data scientists, biologists, and researchers; providing webinar access information. Workshop is a data report which constituency representatives including FOR FURTHER INFORMATION CONTACT: Julie compiles and evaluates potential fishermen, environmentalists, and A Neer, SEDAR Coordinator, 4055 Faber datasets and recommends which NGO’s; International experts; and staff Place, Suite 201, North Charleston, SC datasets are appropriate for assessment of Councils, Commissions, and state and 29405; telephone: (843) 571–4366; e- analyses. The product of the Assessment federal agencies. mail: [email protected]. Process is a stock assessment report SEDAR 21 Assessment Process I which describes the fisheries, evaluates webinar series: SUPPLEMENTARY INFORMATION: The the status of the stock, estimates original document published on August biological benchmarks, projects future Using datasets recommended from the 26, 2010 (75 FR 52510). A meeting has population conditions, and recommends Data Workshop, participants will been added to the agenda, therefore, we research and monitoring needs. The employ assessment models to evaluate are publishing the document in its assessment is independently peer stock status, estimate population entirety. reviewed at the Review Workshop. The benchmarks and management criteria, The Gulf of Mexico, South Atlantic, product of the Review Workshop is a and project future conditions. and Caribbean Fishery Management Summary documenting Panel opinions Participants will recommend the most Councils, in conjunction with NOAA regarding the strengths and weaknesses appropriate methods and configurations Fisheries and the Atlantic and Gulf of the stock assessment and input data. for determining stock status and States Marine Fisheries Commissions Participants for SEDAR Workshops are estimating population parameters. have implemented the Southeast Data, appointed by the Gulf of Mexico, South Meeting Schedule: Note that the Assessment and Review (SEDAR) Atlantic, and Caribbean Fishery schedule has been modified to add a process, a multi-step method for Management Councils and NOAA webinar on October 22nd.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62507

Webinar Date Day Time (Eastern)

1 ...... September 14, 2010 ...... Tuesday ...... 10 am–2 pm 2 ...... September 16, 2010 ...... Thursday ...... 10 am–2 pm 3 ...... September 30, 2010 ...... Thursday ...... 1pm–5 pm 4 ...... October 5, 2010 ...... Tuesday ...... 9:30 am–12:30 pm 5 ...... October 8, 2010 ...... Friday ...... 10 am–2 pm 6 ...... October 22, 2010 ...... Friday ...... 11am–3 pm 7 ...... October 26, 2010 ...... Tuesday ...... 10 am–2 pm 8 ...... October 28, 2010 ...... Thursday ...... 10 am–2 pm 9 ...... November 2, 2010 ...... Tuesday ...... 10 am–2 pm 10 ...... November 4, 2010 ...... Thursday ...... 10 am–2 pm 11 ...... November 8, 2010 ...... Monday ...... 10 am–2 pm 12 ...... November 10, 2010 ...... Wednesday ...... 10 am–2 pm 13 ...... December 8, 2010 ...... Wednesday ...... 10 am–2 pm

Special Accommodations England Fishery Management Council; J. Howard (see ADDRESSES) at least 5 These meetings are physically telephone: (978) 465–0492. days prior to the meeting date. accessible to people with disabilities. SUPPLEMENTARY INFORMATION: The items Authority: 16 U.S.C. 1801 et seq. of discussion in the committee’s agenda Requests for sign language Dated: October 6, 2010. are as follows: interpretation or other auxiliary aids Tracey L. Thompson, should be directed to the Council office (1) The Committee will review measures in Framework Adjustment 45 Acting Director, Office of Sustainable (see ADDRESSES) at least 2 business days Fisheries, National Marine Fisheries Service. prior to the meeting. to the Northeast Multispecies Fishery Management Plan. The Framework [FR Doc. 2010–25523 Filed 10–8–10; 8:45 am] Dated: October 5, 2010. includes a wide range of management BILLING CODE 3510–22–P Tracey L. Thompson, measures including updates to fishery Acting Director, Office of Sustainable specifications, fishery program Fisheries, National Marine Fisheries Service. administration adjustments, and DEPARTMENT OF COMMERCE [FR Doc. 2010–25493 Filed 10–8–10; 8:45 am] measures for the commercial and National Oceanic and Atmospheric BILLING CODE 3510–22–P recreational fisheries. Preferred Administration alternatives may be selected in order to provide recommendations to the RIN 0648–XZ56 DEPARTMENT OF COMMERCE Council for its final vote on the Framework in November, 2010. New England Fishery Management National Oceanic and Atmospheric (2) The Committee may discuss Council; Public Meeting Administration pursuing an amendment to the FMP to AGENCY: National Marine Fisheries implement state-sponsored permit RIN 0648–XZ55 Service (NMFS), National Oceanic and banks. Atmospheric Administration (NOAA), (3) Other business may also be New England Fishery Management Commerce. Council; Public Meeting discussed. (4) The Committee will meet in closed ACTION: Notice; public meeting. AGENCY: National Marine Fisheries session to review advisory panel SUMMARY: The New England Fishery Service (NMFS), National Oceanic and applications. Management Council (Council) is Atmospheric Administration (NOAA), The Committee’s recommendations scheduling a public meeting of its Commerce. will be delivered to the full Council at Habitat/MPA/Ecosystem Committee and its meeting in Brewster, MA on ACTION: Notice; public meeting. Plan Development Team in October November 16–18, 2010. 2010 to consider actions affecting New Although non-emergency issues not SUMMARY: The New England Fishery England fisheries in the exclusive contained in this agenda may come Management Council’s (Council) economic zone (EEZ). before this group for discussion, those Groundfish Committee will meet to Recommendations from this group will issues may not be the subject of formal consider actions affecting New England be brought to the full Council for formal action during this meeting. Action will fisheries in the exclusive economic zone consideration and action, if appropriate. (EEZ). be restricted to those issues specifically identified in this notice and any issues DATES: This meeting will be held on DATES: The meeting will be held on Thursday, October, 28, 2010 at 9:30 a.m. Wednesday, October 27, 2010, at 9 a.m. arising after publication of this notice that require emergency action under ADDRESSES: Meeting address: This ADDRESSES: section 305(c) of the Magnuson-Stevens meeting will be held at the Courtyard by Meeting address: The meeting will be Fishery Conservation and Management Marriott, 32 Exchange Terrace, held at the Sheraton Harborside Hotel, Act, provided the public has been Providence, RI 02903; telephone: (401) 250 Market Street, Portsmouth, NH notified of the Council’s intent to take 272–1191; fax: (401) 272–1416. 03801: Telephone: (603) 431–2300; Fax: final action to address the emergency. Council address: New England (603) 433–5649. Fishery Management Council, 50 Water Council address: New England Special Accommodations Street, Mill 2, Newburyport, MA 01950. Fishery Management Council, 50 Water This meeting is physically accessible FOR FURTHER INFORMATION CONTACT: Paul Street, Mill 2, Newburyport, MA 01950. to people with disabilities. Requests for J. Howard, Executive Director, New FOR FURTHER INFORMATION CONTACT: Paul sign language interpretation or other England Fishery Management Council; J. Howard, Executive Director, New auxiliary aids should be directed to Paul telephone: (978) 465–0492.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62508 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

SUPPLEMENTARY INFORMATION: The Avenues, NW., Washington, DC. The DEPARTMENT OF COMMERCE Committee will meet jointly with the Committee advises the Office of the Habitat Plan Development Team to Assistant Secretary for Export Bureau of Industry and Security discuss management alternatives related Administration on technical questions to minimizing the adverse effects of that affect the level of export controls Emerging Technology and Research fishing on Essential Fish Habitat (EFH), applicable to sensors and Advisory Committee; Notice of which are being developed for the instrumentation equipment and Partially Closed Meeting Council’s EFH Omnibus Amendment 2. technology. The Emerging Technology and The goal of the meeting is to craft a Agenda Research Advisory Committee (ETRAC) series of management alternatives and will meet on October 21 and 22, 2010, develop a plan for further analysis of Public Session 8:30 a.m., Room 3884, at the Herbert C. those options. These alternatives may Hoover Building, 14th Street between 1. Welcome and Introductions. include spatially-specified gear Pennsylvania and Constitution restrictions and/or gear modifications, 2. Remarks from the Bureau of Avenues, NW., Washington, DC. The as well as effort reductions. The PDT Industry and Security Management. Committee advises the Office of the will present any additional analyses 3. Industry Presentations. Assistant Secretary for Export completed since the September 27, 2010 4. New Business. Administration on emerging technology Committee Meeting; these may include and research activities, including those information summarizing habitat type Closed Session related to deemed exports. and data support in previously identified vulnerable habitat areas, as 5. Discussion of matters determined to Agenda be exempt from the provisions relating well as information on the feasibility of Thursday, October 21 gear modifications. Other topics may be to public meetings found in 5 U.S.C. discussed at the Chair’s discretion. app. 2 section 10(a)(1) and 10(a)(3). Open Session: 8:30 a.m.–12 Noon Although non-emergency issues not The open session will be accessible 1. Welcome and Introductions. contained in this agenda may come via teleconference to 20 participants on 2. ETRAC Member Discussion before this group for discussion, those a first come, first serve basis. To join the Emerging Technology Analysis. issues may not be the subject of formal conference, submit inquiries to Ms. 3. Public Comments. action during this meeting. Action will Yvette Springer at Closed Session: 1 p.m.–3:30 p.m be restricted to those issues specifically [email protected] no later than listed in this notice and any issues October 19, 2010. 4. Discussion of matters determined to arising after publication of this notice A limited number of seats will be be exempt from the provisions relating that require emergency action under available during the public session of to public meetings found in 5 U.S.C. section 305(c) of the Magnuson-Stevens the meeting. Reservations are not app. 2 §§ 10(a)(1) and 10(a)(3). Act, provided the public has been accepted. To the extent that time Open Session: 3:45 p.m.–5 p.m. notified of the Council’s intent to take permits, members of the public may final action to address the emergency. 1. ETRAC Member Discussion present oral statements to the Emerging Technology Analysis. Special Accommodations Committee. The public may submit 2. Public Comments. written statements at any time before or This meeting is physically accessible after the meeting. However, to facilitate Friday, October 22 to people with disabilities. Requests for distribution of public presentation sign language interpretation or other Open Session: 8:30 a.m.–10:45 a.m. materials to the Committee members, auxiliary aids should be directed to Paul the Committee suggests that the 1. Welcome and Introductions. J. Howard, Executive Director, at 978– 2. ETRAC Member Discussion materials be forwarded before the 465–0492, at least 5 days prior to the Emerging Technology Analysis. meeting to Ms. Springer. meeting date. 3. Public Comments. The Assistant Secretary for The open sessions will be accessible Authority: 16 U.S.C. 1801 et seq. Administration, with the concurrence of via teleconference to 20 participants on Dated: October 6, 2010. the General Counsel, formally a first come, first serve basis. To join the Tracey L. Thompson, determined on March 11, 2010 pursuant conference, submit inquiries to Ms. Acting Director, Office of Sustainable to Section 10(d) of the Federal Advisory Yvette Springer at Fisheries, National Marine Fisheries Service. Committee Act, as amended (5 U.S.C. [email protected] no later than [FR Doc. 2010–25524 Filed 10–8–10; 8:45 am] app. 2 section 10(d)), that the portion of October 14, 2010. BILLING CODE 3510–22–P this meeting dealing with pre-decisional A limited number of seats will be changes to the Commerce Control List available for the public session. and U.S. export control policies shall be Reservations are not accepted. To the DEPARTMENT OF COMMERCE exempt from the provisions relating to extent that time permits, members of the public meetings found in 5 U.S.C. app. public may present oral statements to Bureau of Industry and Security 2 section 10(a)(1) and 10(a)(3). The the Committee. The public may submit Sensors and Instrumentation remaining portions of the meeting will written statements at any time before or Technical Advisory Committee; Notice be open to the public. after the meeting. However, to facilitate of Partially Closed Meeting For more information contact Yvette the distribution of public presentation Springer on (202) 482–2813. materials to the Committee members, The Sensors and Instrumentation the Committee suggests that presenters Dated: October 6, 2010. Technical Advisory Committee (SITAC) forward the public presentation will meet on October 26, 2010, Yvette Springer, materials prior to the meeting to Ms. 9:30 a.m., in the Herbert C. Hoover Committee Liaison Officer. Springer via e-mail. Building, Room 3884, 14th Street [FR Doc. 2010–25467 Filed 10–8–10; 8:45 am] The Assistant Secretary for between Constitution and Pennsylvania BILLING CODE 3510–JT–P Administration, with the concurrence of

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62509

the delegate of the General Counsel, The seven TACs are responsible for is hereby given that closed meetings of formally determined on October 4, 2010, advising the Department of Commerce the Department of Defense Wage pursuant to Section 10(d) of the Federal on the technical parameters for export Committee will be held on November 2, Advisory Committee Act, as amended controls and the administration of those 16, and 30, 2010, in Rosslyn, VA. (5 U.S.C. app. 2 section (10)(d)), that the controls within the following areas: DATES: The meetings will be held at 10 portion of the meeting dealing with Information Systems TAC: Control List a.m. on November 2, 16, and 30, 2010. matters the disclosure of which would Categories 3 (electronics), 4 (computers), ADDRESSES: The meetings will be held at be likely to frustrate significantly and 5 (telecommunications and 1400 Key Boulevard, Level A, Room implementation of an agency action as information security); Materials TAC: A101, Rosslyn, VA 22209. described in 5 U.S.C. 552b(c)(9)(B) shall Control List Category 1 (materials, FOR FURTHER INFORMATION CONTACT: be exempt from the provisions relating chemicals, microorganisms, and toxins); Additional information concerning the to public meetings found in 5 U.S.C. Materials Processing Equipment TAC: meetings may be obtained by writing to app. 2 section 10(a)1 and 10(a)(3). Control List Category 2 (materials the Chairman, Department of Defense The remaining portions of the meeting processing); Regulations and Procedures Wage Committee, 4000 Defense will be open to the public. TAC: The Export Administration Pentagon, Washington, DC 20301–4000. Regulations (EAR) and Procedures for For more information, call Yvette SUPPLEMENTARY INFORMATION: Under the Springer at (202) 482–2813. implementing the EAR; Sensors and Instrumentation TAC: Control List provisions of section 10(d) of Public Dated: October 6, 2010. Category 6 (sensors and lasers); Law 92–463, the Department of Defense Yvette Springer, Transportation and Related Equipment has determined that the meetings meet Committee Liaison Officer. TAC: Control List Categories 7 the criteria to close meetings to the [FR Doc. 2010–25457 Filed 10–8–10; 8:45 am] (navigation and avionics), 8 (marine), public because the matters to be considered are related to internal rules BILLING CODE 3510–JT–P and 9 (propulsion systems, space vehicles, and related equipment) and and practices of the Department of Emerging Technology and Research Defense and the detailed wage data to be DEPARTMENT OF COMMERCE Advisory Committee: (1) The considered were obtained from officials identification of emerging technologies of private establishments with a Bureau of Industry and Security and research and development activities guarantee that the data will be held in that may be of interest from a dual-use confidence. Technical Advisory Committees; However, members of the public who perspective; (2) the prioritization of new Notice of Recruitment of Private-Sector may wish to do so are invited to submit and existing controls to determine Members material in writing to the chairman (see which are of greatest consequence to FOR FURTHER INFORMATION CONTACT) SUMMARY: national security; (3) the potential Seven Technical Advisory concerning matters believed to be impact of dual-use export control Committees (TACs) advise the deserving of the Committee’s attention. Department of Commerce on the requirements on research activities; and technical parameters for export controls (4) the threat to national security posed Dated: October 6, 2010. applicable to dual-use commodities and by the unauthorized exports of Mitchell S. Bryman, technology and on the administration of technologies. Alternate OSD Federal Register Liaison those controls. The TACs are composed To respond to this recruitment notice, Officer, Department of Defense. of representatives from industry please send a copy of your resume to [FR Doc. 2010–25568 Filed 10–8–10; 8:45 am] representatives, academic leaders and Ms. Yvette Springer at BILLING CODE 5001–06–P U.S. Government representing diverse [email protected]. points of view on the concerns of the Deadline: This Notice of Recruitment exporting community. Industry will be open for one year from its date DEPARTMENT OF DEFENSE representatives are selected from firms of publication in the Federal Register. Office of the Secretary producing a broad range of goods, FOR FURTHER INFORMATION CONTACT: Ms. technologies, and software presently Yvette Springer on (202) 482–2813. Senior Executive Service Performance controlled for national security, non- Dated: October 6, 2010. Review Board proliferation, foreign policy, and short Yvette Springer, supply reasons or that are proposed for AGENCY: Department of Defense Office such controls, balanced to the extent Committee Liaison Officer. of Inspector General. [FR Doc. 2010–25463 Filed 10–8–10; 8:45 am] possible among large and small firms. ACTION: Notice. TAC members are appointed by the BILLING CODE 3510–33–P Secretary of Commerce and serve terms SUMMARY: This notice announces the of not more than four consecutive years. appointment of the members of the The membership reflects the DEPARTMENT OF DEFENSE Senior Executive Service (SES) Department’s commitment to attaining Performance Review Board (PRB) for the balance and diversity. TAC members Office of the Secretary Department of Defense Office of Inspector General (DoD OIG), as must obtain secret-level clearances prior Federal Advisory Committee; to appointment. These clearances are required by 5 U.S.C. 4314(c)(4). The Department of Defense Wage PRB provides fair and impartial review necessary so that members may be Committee permitted access to the classified of SES performance appraisals and information needed to formulate AGENCY: Department of Defense (DoD). makes recommendations regarding performance ratings and performance recommendations to the Department of ACTION: Notice of closed meetings. Commerce. Each TAC meets awards to the Inspector General. approximately four times per year. SUMMARY: Pursuant to the provisions of DATES: Effective October 1, 2010. Members of the Committees will not be section 10 of Public Law 92–463, the FOR FURTHER INFORMATION CONTACT: compensated for their services. Federal Advisory Committee Act, notice Ms. Phyllis Hughes, Director, Human

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62510 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Capital Advisory Services, not prohibited by U.S. law or policy. to previously imported LNG to which Administration and Management, DoD The application was filed under section Chevron holds title, and to previously OIG, 400 Army Navy Drive, Arlington, 3 of the Natural Gas Act (NGA) as imported LNG that Chevron may export VA 22202, (703) 602–4516. amended by section 201 of the Energy on behalf of other parties that hold title SUPPLEMENTARY INFORMATION: In Policy Act of 1992. Protests, motions to to such LNG. Chevron is seeking accordance with 5 U.S.C. 4314(c)(4), the intervene, notices of intervention, and authorization to export such previously following executives are appointed to written comments are invited. imported LNG to any country with the the DoD OIG, PRB: DATES: Protests, motions to intervene or capacity to import LNG via ocean-going notices of intervention, as applicable, carrier and with which trade is not Ann Calvaresi Barr requests for additional procedures, and prohibited by Federal law or policy. Deputy Inspector General, Department written comments are to be filed at the Chevron does not request authority to of Transportation. address listed below no later than 4:30 export any domestically produced p.m., eastern time, November 12, 2010. natural gas or LNG. Geoffrey A. Cherrington The blanket export authorization ADDRESSES: U.S. Department of Energy requested by Chevron would be Deputy Assistant Inspector General (FE–34), Office of Oil and Gas Global applicable to exports from the Sabine for Investigations, General Services Security and Supply, Office of Fossil Pass terminal, owned by Sabine Pass Administration. Energy, Forrestal Building, Room 3E– LNG, L.P. in Cameron Parish, Louisiana. 042, 1000 Independence Avenue, SW., Richard J. Griffin Chevron states that DOE/FE recently Washington, DC 20585. Deputy Inspector General, Department granted an authorization for exports FOR FURTHER INFORMATION CONTACT: of Veterans Affairs. from this terminal by another party 1 Larine Moore or Marc Talbert, U.S. and has granted other authorizations Frank P. LaRocca Department of Energy (FE–34), Office under similar requests.2 Chevron states of Oil and Gas Global Security and Counsel to the Inspector General, that there are no other proceedings Supply, Office of Fossil Energy, National Aeronautics and Space related to this application currently Forrestal Building, Room 3E–042, Administration. pending before the DOE or any other 1000 Independence Avenue, SW., federal agency. Robert Keith West Washington, DC 20585, (202) 586– As background, Chevron states the Assistant Inspector General for Audit 9478; (202) 586–7991. request to export previously imported Edward Myers, U.S. Department of Services, Department of Education. LNG is based on its desire to optimize Energy, Office of General Counsel, long-term capacity it has contracted for Dated: October 6, 2010. Fossil Energy and Energy Efficiency, at the Sabine Pass terminal by Mitchell S. Bryman, Forrestal Building, Room 6B–159, responding effectively to periodic Alternate OSD Federal Register Liaison 1000 Independence Ave. SW., changes in domestic and world markets Officer, Department of Defense. Washington, DC 20585, (202) 586– for natural gas and LNG. More [FR Doc. 2010–25548 Filed 10–8–10; 8:45 am] 3397. specifically, Chevron asserts it desires BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: the option to either export previously imported LNG to other world markets, Background or regasify the imported LNG for sale in DEPARTMENT OF ENERGY Chevron is a Pennsylvania domestic markets. Chevron states that it corporation with its principal place of [FE Docket No. 10–114–LNG] would base any decision related to the business in San Ramon, California. sale of imported LNG on prevailing Chevron U.S.A. Inc.; Application for Chevron Global Gas is a division of market conditions. Chevron asserts that Blanket Authorization To Export Chevron that engages in the global it does not intend to export any LNG Liquefied Natural Gas business of marketing and trading LNG. when market conditions dictate that the Chevron has contracted for 1.0 Bcf per LNG be used to meet domestic needs. AGENCY: Office of Fossil Energy, DOE. day of terminal capacity from Sabine Public Interest Considerations ACTION: Notice of application. Pass for an initial term of twenty years that commenced in November 2004 In support of its application, Chevron SUMMARY: The Office of Fossil Energy with the option to extend the term for states that pursuant to section 3 of the (FE) of the Department of Energy (DOE) a period of twenty years. On July 14, NGA, FE must authorize exports to a gives notice of receipt of an application 2010, DOE/FE Order No. 2813 granted foreign country unless there is a finding (Application), filed on September 9, Chevron blanket authorization to import that such exports ‘‘will not be consistent 2010, by Chevron U.S.A. Inc. (Chevron), the equivalent of up to 800 Bcf of with the public interest.’’ 3 Chevron requesting blanket authorization to natural gas from various international states that section 3 creates a statutory export liquefied natural gas (LNG) that sources for a two year period beginning presumption in favor of approval of a previously had been imported into the on August 1, 2010. Under the terms of properly framed export Application.4 United States from foreign sources in an the blanket authorization, LNG may be amount up to the equivalent of 72 imported at any LNG receiving facility 1 Cheniere Marketing, LLC, FE 10–31–LNG, DOE/ billion cubic feet (Bcf) of natural gas on FE Opinion and Order No. 2795 (June 1, 2010). in the United States and its territories. 2 a short-term or spot market basis over a Freeport LNG Development, L.P., DOE/FE 08– Current Application 70–LNG, DOE/FE Order Nos. 2644 (May 28, 2009), two year period commencing on the 2644–A (September 22, 2009), and 2644–B (May date of the authorization. The LNG In the instant application, Chevron 11, 2010); and ConocoPhillips Company, FE 09–92– would be exported from the Sabine Pass requests blanket authorization to export LNG, DOE/FE LNG Terminal (Sabine Pass) owned by up to 72 Bcf of previously imported Order No. 2731 (November 30, 2009). Sabine Pass LNG, L.P., in Cameron LNG, on a cumulative basis, over a two- 3 15 U.S.C. 717b(a). 4 See Phillips Alaska Natural Gas Corp. and Parish, Louisiana to any country with year period beginning on the date the Marathon Oil Co., DOE/FE Order No. 1473, 2 the capacity to import LNG via ocean- authorization is granted. Chevron FE¶70,317 at p. 13, n. 42 (April 2, 1999), citing going carrier and with which trade is requests that such authorization apply Panhandle Producers and Royalty Owners

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62511

Chevron states further, in evaluating an Chevron states it is only seeking the In response to this notice, any person export application, FE applies the authority to export previously imported may file a protest, motion to intervene principles described in DOE Delegation LNG, and not seeking the authority to or notice of intervention or written Order No. 0204–111 which states that export domestically produced natural comments, as provided in DOE’s domestic need for natural gas shall be gas supplies. Thus, Chevron states that regulations at 10 CFR part 590. the primary focus of DOE when its request for blanket authorization, Any person wishing to become a party evaluating an export application.5 herein, will not reduce domestically to the proceeding and to have their Finally, as detailed below, Chevron produced natural gas supplies available written comments considered as a basis states that this blanket export to the domestic market. for any decision on the application must file a motion to intervene or notice of authorization request satisfies the public Environmental Impact interest standard of section 3 of the intervention, as applicable. The filing of NGA, as construed by DOE. Chevron states that no modifications comments or a protest with respect to Chevron states that there is no to the Sabine Pass LNG Terminal are the application will not serve to make domestic reliance on the imported LNG required to enable the proposed exports the commenter or protestant a party to that Chevron would export pursuant to of LNG. Chevron asserts that the proceeding, although protests and the blanket authorization requested. In consequently, granting this application comments received from persons who support, Chevron states that in June will not constitute a federal action are not parties may be considered in 2010, FE granted Cheniere Marketing, significantly affecting the human determining the appropriate action to be LLC (Cheniere) blanket authorization to environment within the meaning of the taken on the application. All protests, export up to 500 Bcf of previously National Environmental Policy Act motions to intervene, notices of imported LNG. Chevron states that FE (NEPA), 42 U.S.C. 4321 et seq. intervention, and written comments concluded that ‘‘the record shows there DOE/FE Evaluation must meet the requirements specified by is sufficient supply of natural gas to the regulations in 10 CFR part 590. This export application will be satisfy domestic demand from multiple Except where comments are filed reviewed pursuant to section 3 of the other sources at competitive prices electronically, as described above, NGA, as amended, and the authority without drawing on the LNG which comments, protests, motions to contained in DOE Delegation Order No. Cheniere seeks to export throughout the intervene, notices of intervention, and 00–002.00I (Nov. 10, 2009) and DOE authorization timeframe.’’ 6 Chevron also requests for additional procedures shall Redelegation Order No. 00–002.04D states that DOE/FE reached the same be filed with the Office of Oil and Gas (Nov. 6, 2007). In reviewing this LNG conclusion for the ConocoPhillips Global Security and Supply at the export application, DOE will consider Company proceeding granting address listed above. domestic need for the natural gas, as A decisional record on the application ConocoPhillips blanket authorization to well as any other issues determined to will be developed through responses to export previously imported LNG up to be appropriate, including whether the this notice by parties, including the the equivalent of 500 Bcf of natural gas.7 arrangement is consistent with DOE’s parties’ written comments and replies Chevron states that FE based its policy of promoting competition in the thereto. Additional procedures will be conclusions on data prepared by DOE’s marketplace by allowing commercial used as necessary to achieve a complete Energy Information Administration, as parties to freely negotiate their own understanding of the facts and issues. A detailed in DOE/FE Order No. 2795. trade arrangements. Parties that may party seeking intervention may request Specifically, FE stated, ‘‘DOE’s review of oppose this application should that additional procedures be provided, domestic natural gas market data in comment in their responses on these such as additional written comments, an 2009 versus 2007 shows an increase in issues. oral presentation, a conference, or trial- domestic dry gas production, a slight NEPA requires DOE to give type hearing. Any request to file decrease in domestic demand, and a appropriate consideration to the additional written comments should decrease in both total LNG imports and environmental effects of its proposed explain why they are necessary. Any net natural gas imports.’’ With this decisions. No final decision will be request for an oral presentation should background, Chevron states that the 72 issued in this proceeding until DOE has identify the substantial question of fact, Bcf of previously imported LNG for met its NEPA responsibilities. law, or policy at issue, show that it is which Chevron seeks blanket material and relevant to a decision in Public Comment Procedures authorization to export is not needed to the proceeding, and demonstrate why meet domestic demand. You may submit comments in an oral presentation is needed. Any Chevron asserts that granting the electronic form on the Federal request for a conference should blanket export authorization would eRulemaking Portal at http:// demonstrate why the conference would encourage Chevron to purchase spot www.regulations.gov. Alternatively, materially advance the proceeding. Any market LNG cargoes for import into the written comments can be submitted request for a trial-type hearing must United States, and would make more using the procedures discussed below. If show that there are factual issues natural gas available to the domestic using electronic filing, follow the on- genuinely in dispute that are relevant market if it were needed, or line instructions and submit such and material to a decision and that a alternatively, export the previously comments under FE Docket No. 10– trial-type hearing is necessary for a full imported LNG to other world markets, 114–LNG. DOE/FE suggests that and true disclosure of the facts. depending on the prevailing market electronic filers carefully review If an additional procedure is conditions. information provided in their scheduled, notice will be provided to all submissions, and include only parties. If no party requests additional Association v. ERA, 822 f. 2d 1105, 1111 (DC Cir. information that is intended to be procedures, a final Opinion and Order 1987). publicly disclosed. You may not may be issued based on the official 5 Ibid, at p. 14. electronically file a protest, motion to record, including the application and 6 Cheniere Marketing, LLC, DOE/FE Order No. 2795 (June 1, 2010) at p. 11. intervene, or notice of intervention, but responses filed by parties pursuant to 7 ConocoPhillips Company, DOE/FE Order No. may submit such pleadings using the this notice, in accordance with 10 CFR 2731 (November 30, 2009). following process. 590.316.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62512 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

The application filed by Chevron is as amended by section 201 of the Energy Existing Long-Term, Multi-Contract available for inspection and copying in Policy Act of 1992. Protests, motions to Authorization the Office of Oil and Gas Global intervene, notices of intervention, and Security and Supply docket room, 3E– written comments are invited. On September 7, 2010, in DOE/FE 042, at the above address. The docket Order No. 2833, FE granted Sabine Pass room is open between the hours of 8 DATES: Protests, motions to intervene or authorization to export up to 16 million a.m. and 4:30 p.m., Monday through notices of intervention, as applicable, mtpa of domestically produced LNG Friday, except Federal holidays. The requests for additional procedures, and (approximately 803 Bcf per year) from application and any filed protests, written comments are to be filed at the the Sabine Pass LNG Terminal for a 30- motions to intervene or notice of address listed below in ADDRESSES no year term, beginning on the earlier date interventions, and comments will also later than 4:30 p.m., eastern time, of first export, or September 7, 2020, be available electronically by going to December 13, 2010. pursuant to one or more long-term export contracts (greater than two years) the following DOE/FE web address: ADDRESSES: U.S. Department of Energy with third parties with terms up to 30 http://www.fe.doe.gov/programs/ (FE–34), Office of Oil and Gas Global years executed by September 7, 2020. gasregulation/index.html. In addition, Security and Supply, Office of Fossil The LNG may be exported to Australia, any electronic comments filed will also Energy, Forrestal Building, Room 3E– Bahrain, Singapore, Dominican be available at: http:// 042, 1000 Independence Avenue, SW., Republic, El Salvador, Guatemala, www.regulations.gov. Washington, DC 20585. Issued in Washington, DC, on October 4, Honduras, Nicaragua, Chile, Morocco, 2010. FOR FURTHER INFORMATION CONTACT: Canada, Mexico, Oman, Peru, John A. Anderson, Larine Moore or Lisa Tracy, U.S. Singapore, and Jordan, and to any nation which DOE subsequently Manager, Natural Gas Regulatory Activities, Department of Energy (FE–34), Office Office of Oil and Gas Global Security and of Oil and Gas Global Security and identifies publicly as having entered Supply, Office of Fossil Energy. Supply, Office of Fossil Energy, into a FTA providing for national [FR Doc. 2010–25545 Filed 10–8–10; 8:45 am] Forrestal Building, Room 3E–042, treatment for trade in natural gas (FTA Countries), provided that the BILLING CODE 6450–01–P 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586– destination nation has the capacity to 9478; (202) 586–9387. import LNG. DEPARTMENT OF ENERGY Edward Myers, U.S. Department of Current Application [FE Docket No. 10–111–LNG] Energy, Office of the Assistant General Counsel for Electricity and In the instant application, Sabine Pass seeks long-term, multi-contract Sabine Pass Liquefaction, LLC; Fossil Energy, Forrestal Building, authorization to export up to 16 million Application for Long-Term Room 6B–256, 1000 Independence mtpa of LNG for a 20-year period, Authorization To Export Liquefied Ave., SW., Washington, DC 20585, commencing the earlier of the date of Natural Gas (202) 586–3397. first export or five years from the date AGENCY: Office of Fossil Energy, DOE. SUPPLEMENTARY INFORMATION: of issuance of the requested ACTION: Notice of application. authorization. Sabine Pass seeks Background authorization to export LNG from the SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy (DOE) Sabine Pass, an indirect subsidiary of Sabine Pass LNG Terminal to any gives notice of receipt of an application Cheniere Energy, Inc. (Cheniere Energy), country with which the United States (Application), filed on September 7, has its principal place of business in does not have a FTA requiring the 2010, by Sabine Pass Liquefaction, LLC Houston, Texas. Cheniere Energy is a national treatment of trade in natural (Sabine Pass), requesting long-term, Delaware corporation with its primary gas and LNG that has, or in the future multi-contract authorization to export place of business in Houston, Texas. develops, the capacity to import LNG up to 16 million metric tons per annum Cheniere Energy is a developer of LNG and with which trade is not prohibited (mtpa) of domestic natural gas as terminals and natural gas pipelines on by U.S. law or policy. liquefied natural gas (LNG) for a 20-year the Gulf Coast, including the Sabine Sabine Pass seeks long-term, multi- period, commencing the earlier of the Pass LNG Terminal. Sabine Pass is contract approval to export LNG to date of first export or five years from the authorized to do business in the States applicable countries not otherwise date of issuance of the requested of Texas and Louisiana. This authorized pursuant to DOE/FE Order authorization. Sabine Pass seeks Application is the second part of a two- No. 2833. Sabine Pass categorizes those authorization to export LNG from the phased authorization sought by Sabine countries, for purpose of this Sabine Pass LNG Terminal 1 to any Pass in conjunction with the Application, as countries that hold country with which the United States development of the Sabine Pass membership in the World Trade does not have a free trade agreement Liquefaction Project (Liquefaction Organization (WTO Countries) and (FTA) requiring the national treatment Project). The Liquefaction Project those countries that do not hold for trade in natural gas and LNG that (Liquefaction Project) is being membership in the WTO (non-WTO has, or in the future develops, the developed to liquefy domestic supplies Countries). Sabine Pass requests that FE capacity to import LNG and with which of natural gas delivered to the Sabine review its request for authorization to trade is not prohibited by U.S. law or Pass LNG Terminal for export to foreign export LNG to WTO Countries under the policy. The application was filed under markets. The Liquefaction Project would standard of review set forth in section section 3 of the Natural Gas Act (NGA), turn the Sabine Pass LNG Terminal into 3(c) of the NGA, 15 U.S.C. 717b(c). a bi-directional LNG facility, capable of Sabine Pass acknowledges that its 1 The Sabine Pass LNG Terminal is an existing liquefying and exporting natural gas request for authorization to export LNG LNG import facility located in Cameron Parish, to non-WTO Countries must be Louisiana that is owned by Sabine Pass’s affiliate, along with importing and re-gasifying Sabine Pass LNG, L.P. (Sabine Pass LNG). foreign-sourced LNG, simultaneously. reviewed pursuant to the public interest

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62513

standard articulated in Section 3(a) of 16 mtpa of exports over the 20-year the FERC under the National Energy the NGA.2 period as requested in its Application. Policy Act (NEPA), 42 U.S.C. 4321 et Sabine Pass requests authorization to Finally, Sabine Pass states that the seq., and by all applicable state and export LNG acting on its own behalf or export of domestically produced LNG federal permitting agencies (e.g., United as agent for others. Citing the nature and will provide the following benefits, States Army Corps of Engineers and complexity of current market practices which are consistent with the public Louisiana Department of Natural Sabine Pass seeks a waiver of certain interest: Resources, among others) as part of the elements of Section 590.202(b) of the First, Sabine Pass contends that the permitting process for the Liquefaction DOE regulations 3 that require the project will stimulate the local, regional, Project. Application to include information and national economies through job Related Authorizations concerning the source and security of creation, increased economic activity the natural gas supply to be exported and tax revenues. Sabine Pass and Sabine Pass LNG and other transaction-specific Second, Sabine Pass maintains that currently are undergoing the FERC’s information. the Sabine Pass LNG Liquefaction NEPA pre-filing review for the Sabine Pass requests that, pursuant to Project will play an influential role in Liquefaction Project in Docket No. Section 590.402 of the DOE contributing to the growth of natural gas PF10–24–000. Sabine Pass and Sabine regulations,4 the Assistant Secretary production in the United States and a Pass LNG anticipate filing a formal issue a conditional Order authorizing reduced reliance on foreign sources of application with FERC no later than the export of domestically produced oil. February 2011 and will request that LNG conditioned on the completion of Third, Sabine Pass contends that the FERC issue authorization of the siting, the environmental review of the export of LNG will further the construction and operation of the Liquefaction Project by the Federal President’s National Export Initiative by Liquefaction Project by December 2011. improving the balance of payments with Energy Regulatory Commission (FERC). DOE/FE Evaluation the rest of the world, thereby reducing Public Interest Considerations the overall U.S. trade deficit. This export application will be Sabine Pass states that insofar as the Fourth, Sabine Pass maintains that the reviewed pursuant to section 3 of the application seeks authorization to export of LNG will raise domestic NGA, as amended, and the authority export to non-WTO Countries, FE’s natural gas productive capacity and contained in DOE Delegation Order No. public interest determination should be promote stability in domestic natural 00–002.00I (Nov. 10, 2009) and DOE guided by DOE’s Delegation Order No. gas pricing. Redelegation Order No. 00–002.04D 0204–111 which designates ‘‘domestic Fifth, Sabine Pass contends that the (Nov. 6, 2007). In reviewing this LNG need for the natural gas proposed to be export of domestically produced LNG export application, DOE will consider exported as the only explicit criterion will promote liberalization of the global any issues required by law or policy. To that must be considered in determining gas market by fostering increased the extent determined to be necessary or the public interest.’’ Sabine Pass further liquidity and trade at prices established appropriate, these issues will include states that insofar as the application by market forces. domestic need for the gas, the impact on seeks authorization to export to WTO Sixth, Sabine Pass maintains that the U.S. gross domestic product, consumers, Countries, DOE should deem the export of LNG will advance national industry, U.S. balance of trade, jobs application to be in the public interest security and the security of U.S. allies creation, and other issues, as well as and grant the application without through diversification of global natural whether the arrangement is consistent modification or delay. gas supplies. with DOE’s policy of promoting Sabine Pass states that the Seventh, Sabine Pass contends that competition in the marketplace by Liquefaction Project was proposed in the export of LNG will advance allowing commercial parties to freely response to the improved outlook for initiatives underway by the current negotiate their own trade arrangements. domestic natural gas production, in Administration to promote investment Parties that may oppose this application particular to shale gas-bearing in energy infrastructure and to increase should comment in their responses on formations in the United States. Sabine trade with neighboring Caribbean and these issues, as well as any other issues Pass maintains that improvements in Central/South America nations. deemed relevant to the application. drilling and extraction technologies A more complete discussion of these NEPA requires DOE to give coupled with the widespread use of best issues can be found in the Application. appropriate consideration to the practices in unconventional drilling and Environmental Impact environmental effects of its proposed resource development have lessened decisions. No final decision will be some of the uncertainties associated Sabine Pass states that the issued in this proceeding until DOE has with future domestic natural gas Liquefaction Project will have minimal met its NEPA responsibilities. production. environmental impacts given that all Due to the complexity and novelty of Sabine Pass states that in support of facilities will be located within the the issues raised by the Applicants, its Application, it commissioned several previously authorized footprint of the interested persons will be provided 60 reports to assess domestic need for the existing Sabine Pass LNG Terminal. days from the date of publication of this natural gas to be exported from the Sabine Pass states that the FERC Notice in which to submit comments, Liquefaction Project. Sabine Pass states conducted an environmental review of protests, motions to intervene, notices of that these reports, as well as other the Sabine Pass LNG Terminal site in intervention, or motions for additional publicly available information, indicate connection with authorization of the procedures. siting, construction and operation of the the United States has significant natural Public Comment Procedures gas resources available at modest prices Terminal in Docket No. CP04–47–000 to meet projected domestic demand and and Docket No. CP05–396–000. Sabine You may submit comments in Pass states that any additional electronic form on the Federal 2 15 U.S.C. 717b(a). environmental impacts associated with eRulemaking Portal at http:// 3 10 CFR 590.202(b). the construction and operation of the www.regulations.gov. Alternatively, 4 10 CFR 590.402. Liquefaction Project will be reviewed by written comments can be submitted

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62514 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

using the procedures discussed below. If show that there are factual issues the National Broadband Plan authored using electronic filing, follow the on- genuinely in dispute that are relevant by the Federal Communications line instructions and submit such and material to a decision and that a Commission at the direction of comments under FE Docket No. 10– trial-type hearing is necessary for a full Congress. 111–LNG. DOE/FE suggests that and true disclosure of the facts. ADDRESSES: Copies of the report, electronic filers carefully review If an additional procedure is information provided in their scheduled, notice will be provided to all comments received and the transcript of submissions, and include only parties. If no party requests additional the public meeting are available for information that is intended to be procedures, a final Opinion and Order public inspection at the U.S. publicly disclosed. You may not may be issued based on the official Department of Energy, Forrestal electronically file a protest, motion to record, including the application and Building, 1000 Independence Avenue, intervene, or notice of intervention, but responses filed by parties pursuant to SW., Room 1G–051, Washington, DC may submit such pleadings using the this notice, in accordance with 10 CFR 20585–0121. Public inspection can be following process. 590.316. conducted between 9 a.m. and 4 p.m., In response to this notice, any person The application filed by Sabine Pass Monday through Friday, except Federal may file a protest, motion to intervene is available for inspection and copying holidays. These documents can also be or notice of intervention or written in the Office of Oil and Gas Global accessed online at http:// comments, as provided in DOE’s Security and Supply docket room, 3E– www.gc.energy.gov/1592.htm. regulations at 10 CFR part 590. 042, at the above address. The docket FOR FURTHER INFORMATION CONTACT: Any person wishing to become a party room is open between the hours of 8 Maureen C. McLaughlin, Senior Legal to the proceeding and to have their a.m. and 4:30 p.m., Monday through Advisor to the General Counsel, U.S. written comments considered as a basis Friday, except Federal holidays. The Department of Energy, Office of the for any decision on the application must application and any filed protests, General Counsel, Forrestal Building, file a motion to intervene or notice of motions to intervene or notice of 1000 Independence Avenue, SW., intervention, as applicable. The filing of interventions, and comments will also Washington, DC 20585–0121. Tel.: (202) comments or a protest with respect to be available electronically by going to 586–5281. E-mail: the application will not serve to make the following DOE/FE web address: [email protected]. the commenter or protestant a party to http://www.fe.doe.gov/programs/ For Media Inquiries, you may contact the proceeding, although protests and gasregulation/index.html. In addition, Jen Stutsman at (202) 586–4940. E-mail: comments received from persons who any electronic comments filed will also [email protected]. are not parties may be considered in be available at: http:// SUPPLEMENTARY INFORMATION: On May determining the appropriate action to be www.regulations.gov. taken on the application. All protests, 11, 2010, DOE published a Request for motions to intervene, notices of Issued in Washington, DC, on October 5, Information (RFI) seeking comments intervention, and written comments 2010. and information from interested parties must meet the requirements specified by John A. Anderson, to assist DOE in understanding current the regulations in 10 CFR part 590. Manager, Natural Gas Regulatory Activities, and potential practices and policies for Except where comments are filed Office of Oil and Gas Global Security and the states and other entities to empower electronically, as described above, Supply, Office of Fossil Energy. consumers (and perhaps others) through comments, protests, motions to [FR Doc. 2010–25546 Filed 10–8–10; 8:45 am] access to detailed energy information in intervene, notices of intervention, and BILLING CODE 6450–01–P electronic form—including real-time requests for additional procedures shall information from smart meters, be filed with the Office of Oil and Gas historical consumption data, and Global Security and Supply at the DEPARTMENT OF ENERGY pricing and billing information. 75 FR 26203. The RFI asked interested parties, address listed above. Notice of Availability of Report on Data A decisional record on the application including industry, consumer groups Access and Privacy Issues Related to will be developed through responses to and state governments, to report on state Smart Grid Technologies this notice by parties, including the efforts to enact Smart Grid privacy and parties’ written comments and replies AGENCY: Office of the General Counsel, data collection policies. The RFI also thereto. Additional procedures will be Department of Energy. sought input regarding individual used as necessary to achieve a complete ACTION: Notice of availability. electric utility practices and policies understanding of the facts and issues. A regarding data access and collection; party seeking intervention may request SUMMARY: Through this notice, the third party access to detailed energy that additional procedures be provided, Department of Energy (DOE) announces information; and the role of the such as additional written comments, an the availability of its report entitled, consumer in balancing the benefits of oral presentation, a conference, or trial- ‘‘Data Access and Privacy Issues Related access and privacy. Finally, the RFI type hearing. Any request to file to Smart Grid Technologies.’’ In this sought comment on what policies and additional written comments should report, DOE discusses existing trends, practices should guide policymakers in explain why they are necessary. Any consensus, and potential best practices determining who can access consumers’ request for an oral presentation should emerging as States use or adapt existing energy information and under what identify the substantial question of fact, legal regimes to accommodate the conditions. To gather additional data, law, or policy at issue, show that it is deployment of Smart Grid technologies. DOE also published a notice in the material and relevant to a decision in DOE also provides a comprehensive Federal Register announcing a public the proceeding, and demonstrate why summary of the comments received in meeting to discuss the issues presented an oral presentation is needed. Any response to a Request for Information in the RFI. 75 FR 33611 (June 14, 2010). request for a conference should and during a public meeting conducted The public meeting, held on June 29, demonstrate why the conference would during the preparation of the report. 2010, provided another forum in which materially advance the proceeding. Any This report responds to interested parties could provide request for a trial-type hearing must recommendations for DOE set forth in comments and information, as well as

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62515

engage in constructive dialogue with 20585–0121. Public inspection can be DEPARTMENT OF ENERGY other interested parties. conducted between 9 a.m. and 4 p.m., In developing its report entitled, Monday through Friday, except Federal Federal Energy Regulatory ‘‘Data Access and Privacy Issues Related holidays. These documents can also be Commission ’’ to Smart Grid Technologies, DOE accessed online at http:// [Docket No. CP10–510–000] considered all of the comments and www.gc.energy.gov/1592.htm. information received during the public El Paso Natural Gas Company; Notice comment process, as well as other FOR FURTHER INFORMATION CONTACT: of Application information pertaining to issues of Maureen C. McLaughlin, Senior Legal access to and privacy protections for Advisor to the General Counsel, U.S. October 4, 2010. consumer energy usage data. In this Department of Energy, Office of the Take notice that on September 28, report, DOE discusses the results of General Counsel, Forrestal Building, 2010, El Paso Natural Gas Company DOE’s efforts to collect and analyze 1000 Independence Avenue, SW., (EPNG), P.O. Box 1087, Colorado diverse perspectives on the current state Washington, DC 20585–0121. Tel.: (202) Springs, Colorado 80944, filed in the of data security and consumer privacy 586–5281. E-mail: above referenced docket an application issues associated with the ongoing [email protected]. pursuant to section 7(b) of the Natural development and deployment of Smart Gas Act (NGA) and Part 157 of the Grid technologies. DOE also reviews For Media Inquiries, you may contact Commission’s regulations, requesting and summarizes the public comments Jen Stutsman at (202) 586–4940. E-mail: the abandonment in place of EPNG’s received in response to the RFI and [email protected]. Deming Compressor Station located in during the public meeting that provide SUPPLEMENTARY INFORMATION: On May Luna County, New Mexico and Tucson support for the recommendations and 11, 2010, DOE published a Request for Compressor Station located in Gila County, Arizona, all as more fully set observations offered in the report. Information (RFI) seeking comments forth in the application which is on file Issued in Washington, DC, on October 5, and information from interested parties 2010. with the Commission and open to to assist DOE in understanding current public inspection. The filing is available Scott Blake Harris, and future communications needs of the for review at the Commission in the General Counsel. Smart Grid and how they may be met. Public Reference Room or may be [FR Doc. 2010–25544 Filed 10–8–10; 8:45 am] 75 FR 26206. The RFI sought to collect viewed on the Commission’s Web site at BILLING CODE 6450–01–P information and open a dialogue about http://www.ferc.gov using the ‘‘eLibrary’’ the communications technologies link. Enter the docket number excluding required to realize the many potential the last three digits in the docket DEPARTMENT OF ENERGY benefits of the Smart Grid, as well as the number field to access the document. Notice of Availability of Report on the types of networks and communications For assistance, contact FERC at Communications Requirements of services that may be used to meet these [email protected] or call Smart Grid Technologies requirements. To gather additional data, toll-free, (886) 208–3676 or TTY, (202) DOE also published a notice in the 502–8659. AGENCY: Office of the General Counsel, Federal Register announcing a public Any questions concerning this Department of Energy. meeting to discuss the issues presented application may be directed to Susan C. ACTION: Notice of availability. in the RFI. 75 FR 33611 (June 14, 2010). Stires, Director, Regulatory Affairs, El The public meeting, held on June 17, Paso Natural Gas Company, P.O. Box SUMMARY: Through this notice, the 1087, Colorado Springs, Colorado 80944 2010, provided another forum in which Department of Energy (DOE) announces at (719) 667–7514 or by fax at (719) 667– interested parties could provide the availability of its report entitled, 7534. ‘‘Communications Requirements of comments and information, as well as Pursuant to section 157.9 of the Smart Grid Technologies.’’ In this report, engage in constructive dialogue with Commission’s rules, 18 CFR 157.9, DOE sets forth recommendations and other interested parties. within 90 days of this Notice the observations on current and potential In developing its report entitled, Commission staff will either: Complete communications requirements of the ‘‘Communications Requirements of its environmental assessment (EA) and Smart Grid, as well as the types of Smart Grid Technologies,’’ DOE place it into the Commission’s public networks and communications services considered all of the comments and record (eLibrary) for this proceeding; or that may be used. DOE also provides a information received during the public issue a Notice of Schedule for comprehensive summary of the comment process, as well as other Environmental Review. If a Notice of comments received in response to a information pertaining to Schedule for Environmental Review is Request for Information and during a communications requirements of the issued, it will indicate, among other public meeting conducted during the Smart Grid. In this report, DOE milestones, the anticipated date for the preparation of the report. This report discusses the results of DOE’s efforts to Commission staff’s issuance of the final responds to recommendations for DOE environmental impact statement (FEIS) collect and analyze diverse perspectives set forth in the National Broadband Plan or EA for this proposal. The filing of the on the current and future authored by the Federal EA in the Commission’s public record communications requirements of the Communications Commission at the for this proceeding or the issuance of a direction of Congress. Smart Grid. Notice of Schedule for Environmental ADDRESSES: Copies of the report, Issued in Washington, DC, on October 5, Review will serve to notify federal and comments received and the transcript of 2010. state agencies of the timing for the the public meeting are available for Scott Blake Harris, completion of all necessary reviews, and public inspection at the U.S. General Counsel. the subsequent need to complete all Department of Energy, Forrestal [FR Doc. 2010–25541 Filed 10–8–10; 8:45 am] federal authorizations within 90 days of Building, 1000 Independence Avenue, the date of issuance of the Commission SW., Room 1G–051, Washington, DC BILLING CODE 6450–01–P staff’s FEIS or EA.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62516 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

There are two ways to become and interventions in lieu of paper using conditions, and prescriptions is 60 days involved in the Commission’s review of the ‘‘eFiling’’ link at http://www.ferc.gov. from the issuance of this notice: Reply this project. First, any person wishing to Persons unable to file electronically comments are due 105 days from the obtain legal status by becoming a party should submit an original and 14 copies issuance date of this notice. to the proceedings for this project of the protest or intervention to the All documents may be filed should, on or before the comment date Federal Energy regulatory Commission, electronically via the Internet. See 18 stated below file with the Federal 888 First Street, NE., Washington, DC CFR 385.2001(a)(1)(iii) and the Energy Regulatory Commission, 888 20426. instructions on the Commission’s Web First Street, NE., Washington, DC 20426, This filing is accessible on-line at site http://www.ferc.gov/docs-filing/ a motion to intervene in accordance http://www.ferc.gov, using the efiling.asp. Commenters can submit with the requirements of the ‘‘eLibrary’’ link and is available for brief comments up to 6,000 characters, Commission’s Rules of Practice and review in the Commission’s Public without prior registration, using the Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. eComment system at http:// and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the www.ferc.gov/docs-filing/ CFR 157.10). A person obtaining party Web site that enables subscribers to ecomment.asp. You must include your status will be placed on the service list receive e-mail notification when a name and contact information at the end maintained by the Secretary of the document is added to a subscribed of your comments. For assistance, Commission and will receive copies of docket(s). For assistance with any FERC please contact FERC Online Support. all documents filed by the applicant and Online service, please e-mail Although the Commission strongly by all other parties. A party must submit [email protected], or call encourages electronic filing, documents 14 copies of filings made in the (866) 208–3676 (toll free). For TTY, call may also be paper-filed. To paper-file, proceeding with the Commission and (202) 502–8659. mail an original and seven copies to: must mail a copy to the applicant and Comment Date: October 25, 2010. Kimberly D. Bose, Secretary, Federal to every other party. Only parties to the Kimberly D. Bose, Energy Regulatory Commission, 888 proceeding can ask for court review of First Street, NE., Washington, DC 20426. Secretary. Commission orders in the proceeding. The Commission’s Rules of Practice However, a person does not have to [FR Doc. 2010–25513 Filed 10–8–10; 8:45 am] require all intervenors filing documents intervene in order to have comments BILLING CODE 6717–01–P with the Commission to serve a copy of considered. The second way to that document on each person on the participate is by filing with the official service list for the project. DEPARTMENT OF ENERGY Secretary of the Commission, as soon as Further, if an intervenor files comments possible, an original and two copies of or documents with the Commission comments in support of or in opposition Federal Energy Regulatory relating to the merits of an issue that to this project. The Commission will Commission may affect the responsibilities of a consider these comments in [Project No. 12626–002] particular resource agency, they must determining the appropriate action to be also serve a copy of the document on taken, but the filing of a comment alone Northern Illinois Hydropower, LLC; that resource agency. will not serve to make the filer a party Notice of Application Ready for k. This application has been accepted to the proceeding. The Commission’s Environmental Analysis and Soliciting and is now ready for environmental rules require that persons filing Comments, Recommendations, Terms analysis. comments in opposition to the project and Conditions, and Prescriptions provide copies of their protests only to l. Project Description: The Dresden the party or parties directly involved in October 4, 2010. Island Project would utilize the Corps of the protest. Take notice that the following Engineers’ existing Dresden Island Lock Persons who wish to comment only hydroelectric application has been filed and Dam and would consist of: (1) A on the environmental review of this with the Commission and is available new 75-foot by 125-foot concrete project should submit an original and for public inspection. powerhouse, located between headgate two copies of their comments to the a. Type of Application: Original major sections 10 through 16, containing three Secretary of the Commission. license. generating units with a total installed Environmental commentors will be b. Project No.: 12626–002. capacity of 10.2 MW; (2) a new 50-foot placed on the Commission’s c. Date filed: March 31, 2009. by 50-foot switchyard adjacent to environmental mailing list, will receive d. Applicant: Northern Illinois powerhouse building; (3) a new 0.8- copies of the environmental documents, Hydropower, LLC. mile-long transmission line; and (4) and will be notified of meetings e. Name of Project: Dresden Island appurtenant facilities. The project associated with the Commission’s Project. would have an average annual environmental review process. f. Location: U.S. Army Corps of generation of about 60,000 megawatt- Environmental commentors will not be Engineers’ Dresden Island Lock and hours. required to serve copies of filed Dam on the Illinois River, in the Town m. A copy of the application is documents on all other parties. of Morris, Grundy County, Illinois. available for review at the Commission However, the non-party commentors g. Filed Pursuant to: Federal Power in the Public Reference Room or may be will not receive copies of all documents Act, 16 U.S.C. 791 (a)–825(r). viewed on the Commission’s Web site at filed by other parties or issued by the h. Applicant Contact: Damon http://www.ferc.gov using the ‘‘eLibrary’’ Commission (except for the mailing of Zdunich, Northern Illinois Hydropower, link. Enter the docket number excluding environmental documents issued by the LLC, 801 Oakland Avenue, Joliet, IL the last three digits in the docket Commission) and will not have the right 60435, (312) 320–1610. number field to access the document. to seek court review of the i. FERC Contact: Janet Hutzel, (202) For assistance, contact FERC Online Commission’s final order. 502–8675 or [email protected]. Support. A copy is also available for The Commission strongly encourages j. Deadline for filing comments, inspection and reproduction at the electronic filings of comments, protests recommendations, terms and address in item h above.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62517

All filings must (1) Bear in all capital DEPARTMENT OF ENERGY via the Internet in lieu of paper; see 18 letters the title ‘‘COMMENTS,’’ ‘‘REPLY CFR 385.2001(a)(1)(iii). Commenters can COMMENTS,’’ Federal Energy Regulatory submit brief comments up to 6,000 ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND Commission characters, without prior registration, CONDITIONS,’’ or ‘‘PRESCRIPTIONS;’’ [Project No. 13802–000] using the eComment system at http:// (2) set forth in the heading the name of www.ferc.gov/docs-filing/ the applicant and the project number of California Water Service Company; ecomment.asp. The Commission the application to which the filing Notice of Application Accepted for strongly encourages electronic filings. The Commission’s Rules of Practice responds; (3) furnish the name, address, Filing and Soliciting Comments, and Procedure require all intervenors and telephone number of the person Motions To Intervene, Protests, filing documents with the Commission submitting the filing; and (4) otherwise Recommendations, and Terms and Conditions to serve a copy of that document on comply with the requirements of 18 CFR each person in the official service list 385.2001 through 385.2005. All October 1, 2010. for the project. Further, if an intervenor comments, recommendations, terms and Take notice that the following files comments or documents with the conditions or prescriptions must set hydroelectric application has been filed Commission relating to the merits of an forth their evidentiary basis and with the Commission and is available issue that may affect the responsibilities otherwise comply with the requirements for public inspection: of a particular resource agency, they of 18 CFR 4.34(b). Agencies may obtain a. Type of Application: Conduit must also serve a copy of the document copies of the application directly from exemption. on that resource agency. the applicant. Each filing must be b. Project No.: 13802–000. l. Description of Project: The proposed accompanied by proof of service on all c. Date filed: June 29, 2010. Palos Verdes Energy Recovery Project persons listed on the service list d. Applicant: California Water Service would consist of: (1) A proposed prepared by the Commission in this Company. concrete pad located above the existing proceeding, in accordance with 18 CFR e. Name of Project: Palos Verdes vault with no physical changes to the 4.34(b), and 385.2010. Energy Recovery Project. existing cement infrastructure; (2) one f. Location: The proposed Palos reverse-pump turbine generator unit You may also register online at Verdes Energy Recovery Project would with a rated capacity of 325 kW; (3) the http://www.ferc.gov/docs-filing/ be located at 5837 Crest Road West, City turbine generator unit to be installed esubscription.asp to be notified via e- of Rancho Palos Verdes in Los Angeles within the pipeline using custom mail of new filings and issuances County, California. The land on which piping, T-flanges and electronic valves; related to this or other pending projects. all the project structures are located is and (4) appurtenant facilities. The For assistance, contact FERC Online owned by the applicant. project construction is tentatively Support. g. Filed Pursuant to: Federal Power scheduled to begin in December 2010 n. Public notice of the filing of the Act, 16 U.S.C. 791a–825r. and to be commissioned in January h. Applicant Contact: Erin McCauley, initial development application, which 2011. The project would produce an P.E., Manager of Design, California has already been given, established the estimated annual generation of Water Service Company, 1720 North 2,000,000 kilowatt-hours that would be due date for filing competing First Street, San Jose, CA 95112–4598, sold to Southern California Edison. applications or notices of intent. Under Telephone (408) 367–8279. m. This filing is available for review the Commission’s regulations, any i. FERC Contact: Jake Tung, telephone and reproduction at the Commission in competing development application (202) 502–8757, and e-mail address the Public Reference Room, Room 2A, must be filed in response to and in [email protected]. 888 First Street, NE., Washington, DC compliance with public notice of the j. Status of Environmental Analysis: 20426. The filing may also be viewed on initial development application. No This application is ready for the Web at http://www.ferc.gov/docs- competing applications or notices of environmental analysis at this time, and filing/efiling.asp. Enter the docket intent may be filed in response to this the Commission is requesting number (P–13802) in the docket number notice. comments, reply comments, field to access the document. For o. A license applicant must file no recommendations, terms and assistance, call toll-free 1–866–208– later than 60 days following the date of conditions, and prescriptions. 3676. For TTY, call (202) 502–8659. A k. Deadline for filing responsive issuance of this notice: (1) A copy of the copy is also available for review and documents: Due to the small size and reproduction at the address in item h water quality certification; (2) a copy of location of the proposed project in a above. the request for certification, including closed system, as well as the resource n. Development Application—Any proof of the date on which the certifying agency consultation letters filed with qualified applicant desiring to file a agency received the request; or (3) the application, the 60-day timeframe competing application must submit to evidence of waiver of water quality specified in 18 CFR 4.43(b) for filing all the Commission, on or before the certification. comments, motions to intervene, specified deadline date for the Kimberly D. Bose, protests, recommendations, terms and particular application, a competing conditions, and prescriptions is development application, or a notice of Secretary. shortened to 30 days from the issuance intent to file such an application. [FR Doc. 2010–25516 Filed 10–8–10; 8:45 am] date of this notice. All reply comments Submission of a timely notice of intent BILLING CODE 6717–01–P filed in response to comments allows an interested person to file the submitted by any resource agency, competing development application no Indian tribe, or person, must be filed later than 120 days after the specified with the Commission within 45 days deadline date for the particular from the issuance date of this notice. application. Applications for Comments, protests, and preliminary permits will not be interventions may be filed electronically accepted in response to this notice.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62518 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

o. Notice of Intent—A notice of intent r. Waiver of Pre-filing Consultation: In i. FERC Contact: Janet Hutzel, (202) must specify the exact name, business a letter dated April 1, 2010, the 502–8675 or [email protected]. address, and telephone number of the applicant requested the agencies’ j. Deadline for filing comments, prospective applicant, and must include support to waive the Commission’s recommendations, terms and an unequivocal statement of intent to consultation requirements under 18 CFR conditions, and prescriptions is 60 days submit a competing development 4.38(c). On June 4, 2010, the U.S. Fish from the issuance of this notice: Reply application. A notice of intent must be and Wildlife Service (FWS) comments are due 105 days from the served on the applicant(s) named in this recommended that a habitat assessment issuance date of this notice. public notice. be completed to assess the potential for All documents may be filed p. Protests or Motions to Intervene— federally listed species to occur within electronically via the Internet. See 18 Anyone may submit a protest or a the project area. In response, the CFR 385.2001(a)(1)(iii) and the motion to intervene in accordance with applicant provided a report stating that instructions on the Commission’s Web the requirements of Rules of Practice the proposed construction will have no site http://www.ferc.gov/docs-filing/ and Procedure, 18 CFR 385.210, impact to federally listed species. No efiling.asp. Commenters can submit 385.211, and 385.214. In determining other comments were received. brief comments up to 6,000 characters, the appropriate action to take, the Therefore, we intend to accept the without prior registration, using the Commission will consider all protests consultation that has occurred on this eComment system at http:// filed, but only those who file a motion project during the pre-filing period and www.ferc.gov/docs-filing/ to intervene in accordance with the we intend to waive pre-filing ecomment.asp. You must include your Commission’s Rules may become a consultation under section 4.38(c), name and contact information at the end party to the proceeding. Any protests or which requires, among other things, of your comments. For assistance, motions to intervene must be received conducting studies requested by please contact FERC Online Support. Although the Commission strongly on or before the specified deadline date resource agencies, and distributing and encourages electronic filing, documents for the particular application. consulting on a draft exemption application. may also be paper-filed. To paper-file, q. All filings must (1) bear in all mail an original and seven copies to: capital letters the title ‘‘PROTEST,’’ Kimberly D. Bose, Kimberly D. Bose, Secretary, Federal ‘‘ ’’ ‘‘ MOTION TO INTERVENE, NOTICE Secretary. Energy Regulatory Commission, 888 OF INTENT TO FILE COMPETING First Street, NE., Washington, DC 20426. APPLICATION,’’ ‘‘COMPETING [FR Doc. 2010–25511 Filed 10–8–10; 8:45 am] BILLING CODE 6717–01–P The Commission’s Rules of Practice APPLICATION,’’ ‘‘COMMENTS,’’ require all intervenors filing documents ‘‘REPLY COMMENTS,’’ with the Commission to serve a copy of ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND DEPARTMENT OF ENERGY that document on each person on the CONDITIONS,’’ or ‘‘PRESCRIPTIONS;’’ official service list for the project. (2) set forth in the heading, the name of Federal Energy Regulatory Further, if an intervenor files comments the applicant and the project number of Commission or documents with the Commission the application to which the filing [Project No. 12717–002] relating to the merits of an issue that responds; (3) furnish the name, address, may affect the responsibilities of a and telephone number of the person Northern Illinois Hydropower, LLC; particular resource agency, they must protesting or intervening; and (4) Notice of Application Ready for also serve a copy of the document on otherwise comply with the requirements Environmental Analysis and Soliciting that resource agency. of 18 CFR 385.2001 through 385.2005. Comments, Recommendations, Terms k. This application has been accepted All comments, recommendations, terms and Conditions, and Prescriptions and is now ready for environmental and conditions or prescriptions must set analysis. forth their evidentiary basis and October 4, 2010. l. Project Description: The Brandon otherwise comply with the requirements Take notice that the following Road Hydroelectric Project would of 18 CFR 4.34(b). Agencies may obtain hydroelectric application has been filed utilize the Corps of Engineer’s existing copies of the application directly from with the Commission and is available Brandon Road Lock and Dam and would the applicant. Any of these documents for public inspection. consist of: (1) A new 90-foot by 118-foot must be filed by providing the original a. Type of Application: Original major concrete powerhouse, located between and seven copies to: The Secretary, license. headgate sections 1 through 4, Federal Energy Regulatory Commission, b. Project No.: 12717–002. containing two generating units with a 888 First Street, NE., Washington, DC c. Date filed: May 27, 2009. total installed capacity of 10.2 20426. An additional copy must be sent d. Applicant: Northern Illinois megawatts; (2) a new 50-foot by 50-foot to Director, Division of Hydropower Hydropower, LLC. switchyard adjacent to the west side of Administration and Compliance, Office e. Name of Project: Brandon Road the proposed powerhouse; (3) a new 1- of Energy Projects, Federal Energy Hydroelectric Project. mile-long, 34.5-kilovolt transmission Regulatory Commission, at the above f. Location: U.S. Army Corps of line; and (4) appurtenant facilities. The address. A copy of any protest or motion Engineers’ Brandon Road Lock and Dam project would have an average annual to intervene must be served upon each on the Des Plaines River, near the City generation of about 59,000 megawatt- representative of the applicant specified of Joliet, Will County, Illinois. The hours. in the particular application. A copy of project would occupy about 1.6 acres of m. A copy of the application is all other filings in reference to this federal land. available for review at the Commission application must be accompanied by g. Filed Pursuant to: Federal Power in the Public Reference Room or may be proof of service on all persons listed in Act, 16 U.S.C. 791(a)–825(r). viewed on the Commission’s Web site at the service list prepared by the h. Applicant Contact: Damon http://www.ferc.gov using the ‘‘eLibrary’’ Commission in this proceeding, in Zdunich, Northern Illinois Hydropower, link. Enter the docket number excluding accordance with 18 CFR 4.34(b) and LLC, 801 Oakland Avenue, Joliet, IL the last three digits in the docket 385.2010. 60435, (312) 320–1610. number field to access the document.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62519

For assistance, contact FERC Online DEPARTMENT OF ENERGY Online service, please e-mail Support. A copy is also available for [email protected], or call inspection and reproduction at the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call address in item h above. Commission (202) 502–8659. All filings must (1) Bear in all capital [Docket No. PR10–130–000; PR10–131–000; Comment Date: 5 p.m. Eastern time on Friday, October 15, 2010. letters the title ‘‘COMMENTS,’’ ‘‘REPLY PR10–132–000; PR10–133–000; PR10–134– 000; PR10–135–000; PR10–136–000 (Not COMMENTS,’’ Kimberly D. Bose, Consolidated)] ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND Secretary. CONDITIONS,’’ or ‘‘PRESCRIPTIONS;’’ Rocky Mountain Natural Gas LLC; [FR Doc. 2010–25519 Filed 10–8–10; 8:45 am] (2) set forth in the heading the name of KeySpan Gas East Corporation; ECOP BILLING CODE 6717–01–P the applicant and the project number of Gas Company, LLC; MGTC, Inc; Hill- the application to which the filing Lake Gas Storage, LLC; Southern responds; (3) furnish the name, address, California Gas Company; ETC Katy DEPARTMENT OF ENERGY and telephone number of the person Pipeline, Ltd.; Notice of Baseline Federal Energy Regulatory submitting the filing; and (4) otherwise Filings Commission comply with the requirements of 18 CFR October 4, 2010. 385.2001 through 385.2005. All [Docket No. PR10–123–000; PR10–124–000; Take notice that on September 30, comments, recommendations, terms and PR10–125–000; PR10–126–000;. PR10–127– 2010, and October 1, 2010, respectively conditions or prescriptions must set 000; PR10–128–000; PR10–129–000 (Not the applicants listed above submitted Consolidated)] forth their evidentiary basis and their baseline filing of its Statement of otherwise comply with the requirements Operating Conditions for services Northern Illinois Gas Company; Lee 8 of 18 CFR 4.34(b). Agencies may obtain provided under section 311 of the Storage Partnership; NorthWestern copies of the application directly from Natural Gas Policy Act of 1978 (NGPA). Corporation; The East Ohio Gas the applicant. Each filing must be Any person desiring to participate in Company; UGI Central Penn Gas, Inc.; accompanied by proof of service on all this rate proceeding must file a motion Arkansas Western Gas Company; persons listed on the service list to intervene or to protest this filing must Boston Gas Company; Notice of prepared by the Commission in this file in accordance with Rules 211 and Baseline Filings proceeding, in accordance with 18 CFR 214 of the Commission’s Rules of 4.34(b), and 385.2010. Practice and Procedure (18 CFR 385.211 October 4, 2010. Take notice that on September 29, You may also register online at and 385.214). Protests will be 2010, and September 30, 2010, http://www.ferc.gov/docs-filing/ considered by the Commission in determining the appropriate action to be respectively the applicants listed above esubscription.asp to be notified via e- taken, but will not serve to make submitted their baseline filing of its mail of new filings and issuances protestants parties to the proceeding. Statement of Operating Conditions for related to this or other pending projects. Any person wishing to become a party services provided under section 311 of For assistance, contact FERC Online must file a notice of intervention or the Natural Gas Policy Act of 1978 Support. motion to intervene, as appropriate. (NGPA). n. Public notice of the filing of the Such notices, motions, or protests must Any person desiring to participate in initial development application, which be filed on or before the date as this rate proceeding must file a motion has already been given, established the indicated below. Anyone filing an to intervene or to protest this filing must due date for filing competing intervention or protest must serve a file in accordance with Rules 211 and applications or notices of intent. Under copy of that document on the Applicant. 214 of the Commission’s Rules of the Commission’s regulations, any Anyone filing an intervention or protest Practice and Procedure (18 CFR 385.211 competing development application on or before the intervention or protest and 385.214). Protests will be must be filed in response to and in date need not serve motions to intervene considered by the Commission in compliance with public notice of the or protests on persons other than the determining the appropriate action to be taken, but will not serve to make initial development application. No Applicant. protestants parties to the proceeding. competing applications or notices of The Commission encourages electronic submission of protests and Any person wishing to become a party intent may be filed in response to this interventions in lieu of paper using the must file a notice of intervention or notice. ‘‘eFiling’’ link at http://www.ferc.gov. motion to intervene, as appropriate. o. A license applicant must file no Persons unable to file electronically Such notices, motions, or protests must later than 60 days following the date of should submit an original and 7 copies be filed on or before the date as issuance of this notice: (1) A copy of the of the protest or intervention to the indicated below. Anyone filing an water quality certification; (2) a copy of Federal Energy Regulatory Commission, intervention or protest must serve a the request for certification, including 888 First Street, NE., Washington, DC copy of that document on the Applicant. proof of the date on which the certifying 20426. Anyone filing an intervention or protest agency received the request; or (3) This filing is accessible on-line at on or before the intervention or protest evidence of waiver of water quality http://www.ferc.gov, using the date need not serve motions to intervene certification. ‘‘eLibrary’’ link and is available for or protests on persons other than the review in the Commission’s Public Applicant. Kimberly D. Bose, Reference Room in Washington, DC. The Commission encourages Secretary. There is an ‘‘eSubscription’’ link on the electronic submission of protests and [FR Doc. 2010–25517 Filed 10–8–10; 8:45 am] Web site that enables subscribers to interventions in lieu of paper using the BILLING CODE 6717–01–P receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. document is added to a subscribed Persons unable to file electronically docket(s). For assistance with any FERC should submit an original and 7 copies

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62520 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

of the protest or intervention to the in effectiveness of the notice of Accession Number: 20100930–5373. Federal Energy Regulatory Commission, cancellation. Comment Date: 5 p.m. Eastern Time 888 First Street, NE., Washington, DC Filed Date: 09/30/2010. on Thursday, October 21, 2010. 20426. Accession Number: 20100930–0212. Docket Numbers: ER10–3296–000. This filing is accessible on-line at Comment Date: 5 p.m. Eastern Time Applicants: Rockpile Energy LP. http://www.ferc.gov, using the on Thursday, October 21, 2010. Description: Rockpile Energy LP ‘‘eLibrary’’ link and is available for Docket Numbers: ER10–2214–001. submits tariff filing per 35.12: Rockpile review in the Commission’s Public Applicants: Zion Energy LLC. Energy LP, FERC Electric MBR Tariff Reference Room in Washington, DC. Description: Zion Energy LLC submits No. 1 to be effective 9/30/2010. There is an ‘‘eSubscription’’ link on the tariff filing per 35.17(b): Unopposed Filed Date: 09/30/2010. Web site that enables subscribers to Motion to Hold Proceedings in Accession Number: 20100930–5379. receive email notification when a Abeyance to be effective 12/31/9998. Comment Date: 5 p.m. Eastern Time document is added to a subscribed Filed Date: 09/30/2010. on Thursday, October 21, 2010. docket(s). For assistance with any FERC Accession Number: 20100930–5479. Docket Numbers: ER10–3297–000. Online service, please e-mail Comment Date: 5 p.m. Eastern Time Applicants: Powerex Corporation. [email protected], or call on Thursday, October 7, 2010. Description: Powerex Corporation (866) 208–3676 (toll free). For TTY, call Docket Numbers: ER10–2541–001. submits tariff filing per 35.12: Powerex (202) 502–8659. Applicants: Maple Analytics, LLC. Corp. FERC Rate Schedule No. 1 Comment Date: 5 p.m. Eastern time Description: Maple Analytics, LLC Baseline to be effective 9/30/2010. on Friday, October 15, 2010. submits tariff filing per 35: Maple Filed Date: 09/30/2010. Accession Number: 20100930–5383. Kimberly D. Bose, Analytics, LLC Compliance Filing to be effective 10/8/2010. Comment Date: 5 p.m. Eastern Time Secretary. on Thursday, October 21, 2010. [FR Doc. 2010–25518 Filed 10–8–10; 8:45 am] Filed Date: 09/24/2010. Docket Numbers: ER10–3298–000. BILLING CODE 6717–01–P Accession Number: 20100924–5208. Comment Date: 5 p.m. Eastern Time Applicants: Powerex Corporation. on Friday, October 15, 2010. Description: Powerex Corporation submits tariff filing per 35.12: Powerex DEPARTMENT OF ENERGY Docket Numbers: ER10–3283–000. Corp. FERC Rate Schedule No. 5 Applicants: Liberty Electric Power, Baseline to be effective 9/30/2010. Federal Energy Regulatory LLC. Filed Date: 09/30/2010. Commission Description: FortisOntario Inc submits Accession Number: 20100930–5386. its notice of cancellation of its FERC Combined Notice of Filings #1 Comment Date: 5 p.m. Eastern Time Electric Tariff, Original Volume 1 et al. on Thursday, October 21, 2010. October 1, 2010. Filed Date: 09/30/2010. Accession Number: 20100930–0211. Docket Numbers: ER10–3299–000. Take notice that the Commission Applicants: New Athens Generating received the following electric corporate Comment Date: 5 p.m. Eastern Time on Thursday, October 21, 2010. Company, LLC. filings: Applicants: New Athens Generating Docket Numbers: EC10–105–000. Docket Numbers: ER10–3284–000. Company, LLC. Applicants: Exelon Corporation, Applicants: Vermont Electric Power Description: New Athens Generating Exelon Generation Company, LLC, Company. Company, LLC submits tariff filing per Exelon Ventures Co, LLC. Description: Vermont Electric Power 35.12: FERC Electric Tariff to be Description: Joint Application for Company submits First Revised Sheet effective 9/30/2010. Approval Under Section 203 of the No 2 et al to Original Rate Schedule No. Filed Date: 09/30/2010. Federal Power Act and Request for 248, effective 11/29/10. Accession Number: 20100930–5389. Expedited Action of Exelon Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time Corporation, et. al. Accession Number: 20100930–0210. on Thursday, October 21, 2010. Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3300–000. Accession Number: 20100930–5387. on Thursday, October 21, 2010. Applicants: La Paloma Generating Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3294–000. Company, LLC. on Thursday, October 21, 2010. Applicants: MidAmerican Energy Description: La Paloma Generating Take notice that the Commission Company. Company, LLC submits tariff filing per received the following electric rate Description: MidAmerican Energy 35.12: La Paloma Generating Company, filings: Company submits tariff filing per 35.12: LLC FERC Electric Rate Schedule No.1 Docket Numbers: ER99–1757–017. Services Tariff-Baseline Filing to be Baseline to be effective 9/30/2010. Applicants: The Empire District effective 9/30/2010. Filed Date: 09/30/2010. Electric Company. Filed Date: 09/30/2010. Accession Number: 20100930–5390 Description: Notice of Change in Accession Number: 20100930–5368. Comment Date: 5 p.m. Eastern Time Status of The Empire District Electric Comment Date: 5 p.m. Eastern Time on Thursday, October 21, 2010 Company. on Thursday, October 21, 2010. Docket Numbers: ER10–3301–000. Filed Date: 09/30/2010. Docket Numbers: ER10–3295–000. Applicants: GWF Energy LLC. Accession Number: 20100930–5393. Applicants: Sierra Pacific Power Description: GWF Energy LLC submits Comment Date: 5 p.m. Eastern Time Company. tariff filing per 35.12: GWF Energy LLC on Thursday, October 21, 2010. Description: Sierra Pacific Power FERC Electric Rate Tariff Baseline to be Docket Numbers: ER10–895–006. Company submits tariff filing per 35: effective 9/30/2010. Applicants: The Detroit Edison Concurrence-NV Energy, Inc. Operating Filed Date: 09/30/2010. Company. Companies Open Access Transmission Accession Number: 20100930–5391. Description: Duke Edison Company Tariff to be effective 9/30/2010. Comment Date: 5 p.m. Eastern Time submits amendment to request for delay Filed Date: 09/30/2010. on Thursday, October 21, 2010.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62521

Docket Numbers: ER10–3302–000. Description: Criterion Power Partners, Oaks Energy, LLC, FERC Electric MBR Applicants: Stuyvesant Energy LLC. LLC submits tariff filing per 35.12: Tariff No. 1 to be effective 9/30/2010. Description: Stuyvesant Energy LLC Criterion Power Partners, LLC Market- Filed Date: 09/30/2010. submits tariff filing per 35.12: Based Rate Tariff to be effective 9/30/ Accession Number: 20100930–5480. Stuyvesant Energy LLC FERC Electric 2010. Comment Date: 5 p.m. Eastern Time Rate Schedule No. 1 Baseline to be Filed Date: 09/30/2010. on Thursday, October 21, 2010. effective 9/30/2010. Accession Number: 20100930–5450. Docket Numbers: ER10–3315–000. Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time Applicants: Indeck-Oswego Limited Accession Number: 20100930–5392. on Thursday, October 21, 2010. Partnership. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3309–000. Description: Indeck-Oswego Limited on Thursday, October 21, 2010. Applicants: Consolidated Edison Partnership submits tariff filing per Docket Numbers: ER10–3303–000. Company of New York. 35.12: Indeck-Oswego, Limited Applicants: Nevada Power Company. Description: Consolidated Edison Partnership, FERC Electric MBR Tariff Description: Nevada Power Company Company of New York, Inc. submits No. 1 to be effective 9/30/2010. submits tariff filing per 35: Baseline- tariff filing per 35.13(a)(2)(iii: Filed Date: 09/30/2010. WestConnect Pnt-To-Pnt Regional Trans Amendments to PASNY and EDDS Accession Number: 20100930–5481. Srv Experiment Tariff to be effective 9/ Tariffs to be effective 10/1/2010. Comment Date: 5 p.m. Eastern Time 30/2010. Filed Date: 09/30/2010. on Thursday, October 21, 2010. Filed Date: 09/30/2010. Accession Number: 20100930–5453. Docket Numbers: ER10–3316–000. Accession Number: 20100930–5399. Comment Date: 5 p.m. Eastern Time Applicants: Indeck Energy Services of Comment Date: 5 p.m. Eastern Time on Thursday, October 21, 2010. Silver Springs. on Thursday, October 21, 2010. Docket Numbers: ER10–3310–000. Description: Indeck Energy Services of Docket Numbers: ER10–3304–000. Applicants: New Harquahala Silver Springs Inc. submits tariff filing Applicants: Black Hills/Colorado Generating Company, LLC. per 35.12: Indeck Energy Services of Electric Utility Company, LP. Description: New Harquahala Silver Springs, Inc., FERC Electric MBR Description: Black Hills/Colorado Generating Company, LLC submits tariff Tariff No. 1 to be effective 9/30/2010. Electric Utility Company, LP submits filing per 35.12: New Harquahala FERC Filed Date: 09/30/2010. tariff filing per 35.12: Baseline OATT of Electric Tariff to be effective 9/30/2010. Accession Number: 20100930–5482. Comment Date: 5 p.m. Eastern Time Black Hills/Colorado Electric Utility Filed Date: 09/30/2010. on Thursday, October 21, 2010. Company, LP to be effective 9/30/2010. Accession Number: 20100930–5468. Comment Date: 5 p.m. Eastern Time Filed Date: 09/30/2010. Docket Numbers: ER10–3317–000. on Thursday, October 21, 2010. Accession Number: 20100930–5401. Applicants: Nevada Power Company. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3311–000. Description: Nevada Power Company on Thursday, October 21, 2010. Applicants: BJ Energy, LLC. submits tariff filing per 35.12: ON Line Description: BJ Energy, LLC submits Transmission Use and Capacity Docket Numbers: ER10–3305–000. tariff filing per 35.12: BJ Energy, LLC, Agreement to be effective 11/19/2010. Applicants: Electric Energy, Inc. FERC Electric MBR Tariff No. 1 to be Filed Date: 09/30/2010. Description: Electric Energy, Inc. effective 9/30/2010. Accession Number: 20100930–5485. submits tariff filing per 35.12: Baseline Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time Filing to be effective 9/30/2010. Accession Number: 20100930–5476. on Friday, October 15, 2010. Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3318–000. Accession Number: 20100930–5403. on Thursday, October 21, 2010. Applicants: Silverado Energy LP. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3312–000. Description: Silverado Energy LP on Thursday, October 21, 2010. Applicants: Pure Energy Inc. submits tariff filing per 35.12: Silverado Docket Numbers: ER10–3306–000. Description: Pure Energy Inc submits Energy LP, FERC Electric MBR Tariff Applicants: SU FERC, L.L.C. tariff filing per 35.12: Pure Energy, LLC No. 1 to be effective 9/30/2010. Description: SU FERC, L.L.C. submits to be effective 9/30/2010. Filed Date: 09/30/2010. tariff filing per 35.15: Cancellation to be Filed Date: 09/30/2010. Accession Number: 20100930–5488. effective 10/1/2010. Accession Number: 20100930–5477. Comment Date: 5 p.m. Eastern Time Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time on Thursday, October 21, 2010. Accession Number: 20100930–5411. on Thursday, October 21, 2010. Docket Numbers: ER10–3319–000. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3313–000. Applicants: Astoria Energy II LLC. on Thursday, October 21, 2010. Applicants: PJM Interconnection, Description: Astoria Energy II LLC Docket Numbers: ER10–3307–000. L.L.C. submits tariff filing per 35.12: Astoria Applicants: NRG Energy Center Dover Description: PJM Interconnection, Energy II LLC FERC Electric Tariff No. LLC. L.L.C. submits tariff filing per 1 to be effective 11/30/2010. Description: NRG Energy Center 35.13(a)(2)(iii) PJM Submittal of ISA No. Filed Date: 09/30/2010. Dover LLC submits tariff filing per 2641 and CSA Nos. 2642, 2643 with Accession Number: 20100930–5490. 35.12: NRG Energy Center Dover AES New Creek to be effective 9/17/ Comment Date: 5 p.m. Eastern Time Reactive Supply Service to be effective 2010. on Thursday, October 21, 2010. 9/30/2010. Filed Date: 09/30/2010. Docket Numbers: ER10–3320–000. Filed Date: 09/30/2010. Accession Number: 20100930–5478. Applicants: MAG Energy Solutions Accession Number: 20100930–5416. Comment Date: 5 p.m. Eastern Time Inc. Comment Date: 5 p.m. Eastern Time on Thursday, October 21, 2010. Description: MAG Energy Solutions on Thursday, October 21, 2010. Docket Numbers: ER10–3314–000. Inc. submits tariff filing per 35.12: MAG Docket Numbers: ER10–3308–000. Applicants: West Oaks Energy, LLC. Energy Solutions, Inc., FERC Electric Applicants: Criterion Power Partners, Description: West Oaks Energy, LLC MBR Tariff No. 1 to be effective 9/30/ LLC. submits tariff filing per 35.12: West 2010.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62522 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Filed Date: 09/30/2010. the facility named in the notice meets 154.203: Volume 2 Baseline Filing to be Accession Number: 20100930–5492. the applicable criteria to be a qualifying effective 9/30/2010. Comment Date: 5 p.m. Eastern Time facility. Intervention and/or protest do Filed Date: 09/30/2010. on Thursday, October 21, 2010. not lie in dockets that are qualifying Accession Number: 20100930–5397. Docket Numbers: ER10–3321–000. facility self-certifications or self- Comment Date: 5 p.m. Eastern Time Applicants: Red Wolf Energy Trading. recertifications. Any person seeking to on Tuesday, October 12, 2010. Description: Red Wolf Energy Trading challenge such qualifying facility status Docket Numbers: RP10–1221–001. submits tariff filing per 35.12: Red Wolf may do so by filing a motion pursuant Applicants: CenterPoint Energy Gas Energy Trading, LLC, FERC Electric to 18 CFR 292.207(d)(iii). Intervention Transmission Company. MBR Tariff No. 1 to be effective 9/30/ and protests may be filed in response to Description: CenterPoint Energy Gas 2010. notices of qualifying facility dockets Transmission Company submits tariff Filed Date: 09/30/2010. other than self-certifications and self- filing per 154.203: NAESB EDI Form Accession Number: 20100930–5495. recertifications. Filing to be effective 11/1/2010. Comment Date: 5 p.m. Eastern Time The Commission encourages Filed Date: 09/30/2010. on Thursday, October 21, 2010. electronic submission of protests and Accession Number: 20100930–5362. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–3322–000. interventions in lieu of paper, using the on Tuesday, October 12, 2010. Applicants: Black Hills Power, Inc. FERC Online links at http:// Description: Black Hills Power, Inc. www.ferc.gov. To facilitate electronic Docket Numbers: RP10–1250–001. submits tariff filing per 35.12: Baseline service, persons with Internet access Applicants: CenterPoint Energy— OATT of Black Hills Power, Inc. to be who will eFile a document and/or be Mississippi River Transmission effective 9/30/2010. listed as a contact for an intervenor Corporation. Filed Date: 09/30/2010. must create and validate an Description: CenterPoint Energy— Accession Number: 20100930–5496. eRegistration account using the Mississippi River Transmission Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling Corporation submits tariff filing per on Thursday, October 21, 2010. link to log on and submit the 154.203: NAESB 1.9 EDI Form to be intervention or protests. effective 11/1/2010. Docket Numbers: ER10–3323–000. Persons unable to file electronically Filed Date: 09/30/2010. Applicants: Indeck-Olean Limited should submit an original and 14 copies Accession Number: 20100930–5348. Partnership. of the intervention or protest to the Comment Date: 5 p.m. Eastern Time Description: Indeck-Olean Limited Federal Energy Regulatory Commission, on Tuesday, October 12, 2010. Partnership submits tariff filing per 888 First St., NE., Washington, DC Docket Numbers: RP10–1304–001. 35.12: Indeck-Olean, Limited 20426. Applicants: Gulf States Transmission Partnership, FERC Electric MBR Tariff The filings in the above proceedings Corporation. No. 1 to be effective 9/30/2010. are accessible in the Commission’s Description: Gulf States Transmission Filed Date: 09/30/2010. eLibrary system by clicking on the Corporation submits tariff filing per Accession Number: 20100930–5497. appropriate link in the above list. They 154.203: Gulf States Transmission Comment Date: 5 p.m. Eastern Time are also available for review in the Corporation Tariff Filing per Order No. on Thursday, October 21, 2010. Commission’s Public Reference Room in 587–U to be effective 11/1/2010. Any person desiring to intervene or to Washington, DC. There is an Filed Date: 09/30/2010. protest in any of the above proceedings eSubscription link on the Web site that Accession Number: 20100930–5489. must file in accordance with Rules 211 enables subscribers to receive e-mail Comment Date: 5 p.m. Eastern Time and 214 of the Commission’s Rules of notification when a document is added on Tuesday, October 12, 2010. Practice and Procedure (18 CFR 385.211 to a subscribed docket(s). For assistance Docket Numbers: RP10–619–001. and 385.214) on or before 5 p.m. Eastern with any FERC Online service, please e- Applicants: Tennessee Gas Pipeline time on the specified comment date. It mail [email protected]. or Company. is not necessary to separately intervene call (866) 208–3676 (toll free). For TTY, Description: Tennessee Gas Pipeline again in a subdocket related to a call (202) 502–8659. Company submits tariff filing per compliance filing if you have previously 154.203: Tariff Clean up Sheet 24 to be intervened in the same docket. Protests Nathaniel J. Davis, Sr., effective 4/19/2010. will be considered by the Commission Deputy Secretary. Filed Date: 09/30/2010. in determining the appropriate action to [FR Doc. 2010–25564 Filed 10–8–10; 8:45 am] Accession Number: 20100930–5206. be taken, but will not serve to make BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time protestants parties to the proceeding. on Tuesday, October 12, 2010. Anyone filing a motion to intervene or Any person desiring to protest this protest must serve a copy of that DEPARTMENT OF ENERGY filing must file in accordance with Rule document on the Applicant. In reference 211 of the Commission’s Rules of Federal Energy Regulatory to filings initiating a new proceeding, Practice and Procedure (18 CFR Commission interventions or protests submitted on 385.211). Protests to this filing will be or before the comment deadline need Combined Notice of Filings No. 3 considered by the Commission in not be served on persons other than the determining the appropriate action to be Applicant. October 4, 2010. taken, but will not serve to make As it relates to any qualifying facility Take notice that the Commission has protestants parties to the proceeding. filings, the notices of self-certification received the following Natural Gas Such protests must be filed on or before [or self-recertification] listed above, do Pipeline Rate and Refund Report filings: 5 p.m. Eastern time on the specified not institute a proceeding regarding Docket Numbers: RP10–1027–001. comment date. Anyone filing a protest qualifying facility status. A notice of Applicants: Midcontinent Express must serve a copy of that document on self-certification [or self-recertification] Pipeline LLC. all the parties to the proceeding. simply provides notification that the Description: Midcontinent Express The Commission encourages entity making the filing has determined Pipeline LLC submits tariff filing per electronic submission of protests in lieu

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62523

of paper using the ‘‘eFiling’’ link at Accession Number: 20101001–5079. Accession Number: 20101001–5123. http://www.ferc.gov. Persons unable to Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time file electronically should submit an on Wednesday, October 13, 2010. on Wednesday, October 13, 2010. original and 14 copies of the protest to Docket Numbers: RP11–4–000. Docket Numbers: RP11–12–000. the Federal Energy Regulatory Applicants: Trunkline Gas Company, Applicants: Columbia Gulf Commission, 888 First Street, NE., LLC. Transmission Company. Washington, DC 20426. Description: Trunkline Gas Company, Description: Columbia Gulf This filing is accessible on-line at LLC submits tariff filing per 154.203: Transmission Company submits tariff http://www.ferc.gov, using the Annual Rpt of Flow Through to be filing per 154.204: Non-Conforming— ‘‘eLibrary’’ link and is available for effective N/A. CenterPoint Energy—# 20568 to be review in the Commission’s Public Filed Date: 10/01/2010. effective 11/1/2010. Reference Room in Washington, DC. Accession Number: 20101001–5080. Filed Date: 10/01/2010. There is an ‘‘eSubscription’’ link on the Comment Date: 5 p.m. Eastern Time Accession Number: 20101001–5133. Web site that enables subscribers to on Wednesday, October 13, 2010. Comment Date: 5 p.m. Eastern Time receive e-mail notification when a Docket Numbers: RP11–5–000. on Wednesday, October 13, 2010. document is added to a subscribed Applicants: Gulf South Pipeline Docket Numbers: RP11–13–000. docket(s). For assistance with any FERC Company, LP. Applicants: Dominion Transmission, Online service, please e-mail Description: Gulf South Pipeline Inc. [email protected], or call Company, LP submits tariff filing per Description: Dominion Transmission, (866) 208–3676 (toll free). For TTY, call 154.204: HK Transportation LLC Inc. submits tariff filing per 154.204: (202) 502–8659. Amendment to be effective 10/1/2010. DTI—Non-Conforming Agreements to be Nathaniel J. Davis, Sr., Filed Date: 10/01/2010. effective 11/1/2010. Deputy Secretary. Accession Number: 20101001–5085. Filed Date: 10/01/2010. [FR Doc. 2010–25563 Filed 10–8–10; 8:45 am] Comment Date: 5 p.m. Eastern Time Accession Number: 20101001–5136. BILLING CODE 6717–01–P on Wednesday, October 13, 2010. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP11–6–000. on Wednesday, October 13, 2010. Applicants: Maritimes & Northeast Docket Numbers: RP11–14–000. DEPARTMENT OF ENERGY Pipeline, L.L.C. Applicants: Gulf South Pipeline Description: Maritimes & Northeast Company, LP. Federal Energy Regulatory Pipeline, L.L.C. submits tariff filing per Description: Gulf South Pipeline Commission 154.204: FOSA Modifications to be Company, LP submits tariff filing per effective 11/1/2010. 154.204: TETCO 10–1–10 Negotiated Combined Notice of Filings No. 2 Filed Date: 10/01/2010. Rate Agreement to be effective 10/1/ October 4, 2010. Accession Number: 20101001–5098. 2010. Take notice that the Commission has Comment Date: 5 p.m. Eastern Time Filed Date: 10/01/2010. received the following Natural Gas on Wednesday, October 13, 2010. Accession Number: 20101001–5147. Pipeline Rate and Refund Report filings: Docket Numbers: RP11–8–000. Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. Docket Numbers: RP11–1–000. Applicants: Southeast Supply Header, Applicants: Southwest Gas Storage LLC. Docket Numbers: RP11–15–000. Company. Description: Southeast Supply Applicants: Gulf South Pipeline Description: Southwest Gas Storage Header, LLC submits tariff filing per Company, LP. Company submits tariff filing per 154.204: Negotiated Rate Agreement— Description: Gulf South Pipeline 154.204: Fuel Reimbursement contract 840024 to be effective 11/1/ Company, LP submits tariff filing per Adjustment to be effective 11/1/2010. 2010. 154.204: HK to Sequent Cap Rel Neg Filed Date: 10/01/2010. Filed Date: 10/01/2010. Rate Agmt to be effective 10/1/2010. Accession Number: 20101001–5075. Accession Number: 20101001–5113. Filed Date: 10/01/2010. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20101001–5155. on Wednesday, October 13, 2010. on Wednesday, October 13, 2010. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP11–2–000. Docket Numbers: RP11–10–000. on Wednesday, October 13, 2010. Applicants: Panhandle Eastern Pipe Applicants: Destin Pipeline Company, Docket Numbers: RP11–16–000. Line Company, LP. L.L.C. Applicants: Gulf South Pipeline Description: Panhandle Eastern Pipe Description: Destin Pipeline Company, LP. Line Company, LP submits tariff filing Company, L.L.C. submits tariff filing per Description: Gulf South Pipeline per 154.204: Fuel Reimbursement 154.203: NAESB Compliance Filing 1.9 Company, LP submits tariff filing per Adjustment to be effective 11/1/2010. to be effective 11/1/2010. 154.204: Devon Amendment to be Filed Date: 10/01/2010. Filed Date: 10/01/2010. effective 10/1/2010. Accession Number: 20101001–5076. Accession Number: 20101001–5119. Filed Date: 10/01/2010. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20101001–5171. on Wednesday, October 13, 2010. on Wednesday, October 13, 2010. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP11–3–000. Docket Numbers: RP11–11–000. on Wednesday, October 13, 2010. Applicants: Trunkline Gas Company, Applicants: Cheniere Creole Trail Docket Numbers: RP11–17–000. LLC. Pipeline, L.P. Applicants: Dominion Transmission, Description: Trunkline Gas Company, Description: Cheniere Creole Trail Inc. LLC submits tariff filing per 154.204: PIPELINE, L.P. submits tariff filing per Description: Dominion Transmission, Fuel Reimbursement Adjustment to be 154.20T: Transportation Retainage Inc. submits tariff filing per 154.204: effective 11/1/2010. Adjustment to be effective 11/1/2010. DTI—Dominion Hub III Negotiated Rate Filed Date: 10/01/2010. Filed Date: 10/01/2010. Agreement to be effective 11/1/2010.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62524 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Filed Date: 10/01/2010. Accession Number: 20101001–5276. Filed Date: 10/01/2010. Accession Number: 20101001–5180. Comment Date: 5 p.m. Eastern Time Accession Number: 20101001–5307. Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. Docket Numbers: RP11–24–000. on Wednesday, October 13, 2010. Docket Numbers: RP11–18–000. Applicants: Columbia Gulf Docket Numbers: RP11–30–000. Applicants: Texas Eastern Transmission Company. Applicants: Gulf South Pipeline Transmission, LP. Description: Columbia Gulf Company, LP. Description: Texas Eastern Transmission Company submits tariff Description: Motion of Gulf South Transmission, LP submits tariff filing filing per 154.204: SVS to be effective Pipeline Company, LP for waiver of per 154.204: TEMAX–TIME 3 In-Service 11/1/2010. Filing Requirements under 18 CFR ¶ Filing to be effective 11/1/2010. Filed Date: 10/01/2010. 284.13(c). Filed Date: 10/01/2010. Accession Number: 20101001–5277. Filed Date: 10/01/2010. Accession Number: 20101001–5226. Comment Date: 5 p.m. Eastern Time Accession Number: 20101001–5316. Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. Docket Numbers: RP11–25–000. on Wednesday, October 13, 2010. Docket Numbers: RP11–19–000. Applicants: Colorado Interstate Gas Docket Numbers: RP11–31–000. Applicants: CenterPoint Energy Gas Company. Applicants: Gulf South Pipeline Transmission Company. Description: Colorado Interstate Gas Company, LP. Description: CenterPoint Energy Gas Company submits tariff filing per Description: Gulf South Pipeline Transmission Company submits tariff 154.203: Raton 2010 Expansion Company, LP submits tariff filing per filing per 154.204: KGen Negotiated Compliance Filing to be effective 12/1/ 154.204: JW to Q–West #1 to be effective Rate Filing—10–2010 to be effective 9/ 2010. 10/1/2010. 30/2010. Filed Date: 10/01/2010. Filed Date: 10/04/2010. Filed Date: 10/01/2010. Accession Number: 20101001–5280. Accession Number: 20101004–5041. Accession Number: 20101001–5238. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. on Monday, October 18, 2010. on Wednesday, October 13, 2010. Docket Numbers: RP11–26–000. Docket Numbers: RP11–32–000. Applicants: Wyoming Interstate Applicants: Gulf South Pipeline Docket Numbers: RP11–20–000. Company, L.L.C. Company, LP. Applicants: ANR Pipeline Company. Description: Wyoming Interstate Description: Gulf South Pipeline Description: ANR Pipeline Company Company, L.L.C. submits tariff filing per Company, LP submits tariff filing per submits tariff filing per 154.601: 154.204: Wamsutter System 154.204: JW to Q–West #2, 10–1–10 to Negotiated Rate—Wisconsin Electric Enhancement Non-Conf. Agreement be effective 10/1/2010. Power Company to be effective 10/1/ Filing to be effective 11/1/2010. Filed Date: 10/04/2010. 2010. Filed Date: 10/01/2010. Accession Number: 20101004–5042. Filed Date: 10/01/2010. Accession Number: 20101001–5302. Comment Date: 5 p.m. Eastern Time Accession Number: 20101001–5243. Comment Date: 5 p.m. Eastern Time on Monday, October 18, 2010. Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. on Wednesday, October 13, 2010. Any person desiring to intervene or to Docket Numbers: RP11–27–000. protest in any of the above proceedings Docket Numbers: RP11–21–000. Applicants: Northwest Pipeline GP. must file in accordance with Rules 211 Applicants: ETC Tiger Pipeline, LLC. Description: Northwest Pipeline GP and 214 of the Commission’s Rules of Description: ETC Tiger Pipeline, LLC submits tariff filing per 154.204: Practice and Procedure (18 CFR 385.211 submits Original Sheet 1 et al to FERC Northwest Pipeline GP—Non- and 385.214) on or before 5 p.m. Eastern Gas Tariff, Original Volume 1 effective Conforming Volume & Agreement to be time on the specified comment date. It 12/1/10. effective 11/1/2010. is not necessary to separately intervene Filed Date: 10/01/2010. Filed Date: 10/01/2010. again in a subdocket related to a Accession Number: 20101001–0214. Accession Number: 20101001–5305. compliance filing if you have previously Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time intervened in the same docket. Protests on Wednesday, October 13, 2010. on Wednesday, October 13, 2010. will be considered by the Commission Docket Numbers: RP11–22–000. Docket Numbers: RP11–28–000. in determining the appropriate action to Applicants: Portland Natural Gas Applicants: Hardy Storage Company, be taken, but will not serve to make Transmission System. LLC. protestants parties to the proceeding. Description: Portland Natural Gas Description: Hardy Storage Company, Anyone filing a motion to intervene or Transmission System submits tariff LLC submits tariff filing per 154.204: protest must serve a copy of that filing per 154.203: Short Term Services RAM 2010 to be effective 11/1/2010. document on the Applicant. In reference to be effective 10/23/2010. Filed Date: 10/01/2010. to filings initiating a new proceeding, Filed Date: 10/01/2010. Accession Number: 20101001–5306. interventions or protests submitted on Accession Number: 20101001–5266. Comment Date: 5 p.m. Eastern Time or before the comment deadline need Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. not be served on persons other than the on Wednesday, October 13, 2010. Docket Numbers: RP11–29–000. Applicant. Docket Numbers: RP11–23–000. Applicants: Williston Basin Interstate The Commission encourages Applicants: Midcontinent Express Pipeline Company. electronic submission of protests and Pipeline LLC. Description: Williston Basin Interstate interventions in lieu of paper, using the Description: Midcontinent Express Pipeline Company submits tariff filing FERC Online links at http:// Pipeline LLC submits tariff filing per per 154.203: Compliance Filing—Semi- www.ferc.gov. To facilitate electronic 154.204: Tenaska’s Negotiated Rate annual Fuel & Electric Power service, persons with Internet access Filing to be effective 10/1/2010. Reimbursement to be effective 10/1/ who will eFile a document and/or be Filed Date: 10/01/2010. 2010. listed as a contact for an intervenor

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62525

must create and validate an Description: Tennessee Gas Pipeline Description: El Paso Natural Gas eRegistration account using the Company submits tariff filing per Company submits tariff filing per eRegistration link. Select the eFiling 154.204: PR Negotiated Rate Devon to 154.312: System-Wide Rate Case to be link to log on and submit the BP to be effective 10/30/2010. effective 11/1/2010. intervention or protests. Filed Date: 09/30/2010. Filed Date: 09/30/2010. Persons unable to file electronically Accession Number: 20100930–5214. Accession Number: 20100930–5312. should submit an original and 14 copies Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time of the intervention or protest to the on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Federal Energy Regulatory Commission, Docket Numbers: RP10–1393–000. Docket Numbers: RP10–1399–000. 888 First St., NE., Washington, DC Applicants: Enbridge Offshore Applicants: Dauphin Island Gathering 20426. Pipelines (UTOS) LLC. Partners. The filings in the above proceedings Description: Enbridge Offshore Description: Dauphin Island are accessible in the Commission’s Pipelines (UTOS) LLC submits tariff Gathering Partners submits tariff filing eLibrary system by clicking on the filing per 154.312: UTOS Rate Case to be per 154.204: Negotiated Rates 2010–10 appropriate link in the above list. They effective 11/1/2010. to be effective 10/1/2010. are also available for review in the Filed Date: 09/30/2010. Filed Date: 09/30/2010. Commission’s Public Reference Room in Accession Number: 20100930–5237. Accession Number: 20100930–5322. Washington, DC. There is an Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. enables subscribers to receive e-mail Docket Numbers: RP10–1394–000. Docket Numbers: RP10–1400–000. notification when a document is added Applicants: Chandeleur Pipe Line to a subscribed docket(s). For assistance Applicants: Northern Natural Gas Company. Company. with any FERC Online service, please e- Description: Chandeleur Pipe Line mail [email protected]. or Description: Northern Natural Gas Company submits First Revised Sheet Company submits tariff filing per call (866) 208–3676 (toll free). For TTY, 154.203: Chandeleur Pipe Line call (202) 502–8659. No 1 et al. to FERC Gas Tariff, Sixth Revised Volume No 1, to be effective Company Baseline FERC Gas Tariff Nathaniel J. Davis, Sr., 11/1/2010. Filing to be effective 11/1/2010. Filed Date: 09/30/2010. Deputy Secretary. Filed Date: 09/30/2010. Accession Number: 20100930–5246. Accession Number: 20100930–5324. [FR Doc. 2010–25562 Filed 10–8–10; 8:45 am] Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Docket Numbers: RP10–1401–000. Docket Numbers: RP10–1395–000. Applicants: Viking Gas Transmission DEPARTMENT OF ENERGY Applicants: Petal Gas Storage, L.L.C. Company. Description: Petal Gas Storage, L.L.C. Description: Viking Gas Transmission Federal Energy Regulatory submits tariff filing per 154.203: Company submits tariff filing per Commission Baseline Compliance to RM01–5 (E– 154.204: Removal of Non-Conforming Tariff) to be effective 11/2/2010. Combined Notice of Filings #1 Agreements to be effective 11/1/2010. Filed Date: 09/30/2010. Filed Date: 09/30/2010. October 4, 2010. Accession Number: 20100930–5254. Accession Number: 20100930–5335. Take notice that the Commission has Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time received the following Natural Gas on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Pipeline Rate and Refund Report filings: Docket Numbers: RP10–1396–000. Docket Numbers: RP10–1402–000 Docket Numbers: RP10–1390–000. Applicants: Gas Transmission Applicants: Natural Gas Pipeline Applicants: Fayetteville Express Northwest Corporation. Company of America LLC. Pipeline LLC. Description: Gas Transmission Description: Natural Gas Pipeline Description: Fayetteville Express Northwest Corporation submits tariff Company of America LLC submits tariff Pipeline LLC submits tariff filing per filing per 154.204: Medford E2 Rate Adj. filing per 154.203: Baseline Filing to be 154.601: XTO Assignment Filing to be to be effective 11/1/2010. effective 9/30/2010. effective 10/1/2010. Filed Date: 09/30/2010. Filed Date: 09/30/2010. Filed Date: 09/30/2010. Accession Number: 20100930–5267. Accession Number: 20100930–5339. Accession Number: 20100930–5199. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Docket Numbers: RP10–1397–000. Docket Numbers: RP10–1391–000. Docket Numbers: RP10–1403–000. Applicants: Wyoming Interstate Applicants: Iroquois Gas Applicants: Sabine Pipe Line LLC. Company, L.L.C. Transmission System, L.P. Description: Sabine Pipe Line LLC Description: Iroquois Gas Description: Wyoming Interstate submits tariff filing per 154.203: Sabine Transmission System, L.P. Annual Company, L.L.C. submits their Pipe Line LLC Baseline Tariff Filing to update of its Deferred Asset Surcharge Transportation Service Agreements etc be effective 11/1/2010. for the amortization period commencing with Bill Barret/Anadarko, to be Filed Date: 09/30/2010. November 1, 2010. effective 10/30/2010. Accession Number: 20100930–5341. Filed Date: 09/30/2010. Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time Accession Number: 20100930–5202. Accession Number: 20100930–5275. on Tuesday, October 12, 2010. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1404–000. on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Applicants: High Island Offshore Docket Numbers: RP10–1392–000. Docket Numbers: RP10–1398–000. System, L.L.C. Applicants: Tennessee Gas Pipeline Applicants: El Paso Natural Gas Description: High Island Offshore Company. Company. System, L.L.C. submits tariff filing per

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62526 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

154.203: Initial Baseline Filing to be Filed Date: 09/30/2010. who will eFile a document and/or be effective 9/30/2010. Accession Number: 20100930–5487. listed as a contact for an intervenor Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time must create and validate an Accession Number: 20100930–5394. on Tuesday, October 12, 2010. eRegistration account using the Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1411–000 eRegistration link. Select the eFiling on Tuesday, October 12, 2010. Applicants: UGI LNG Inc. link to log on and submit the Docket Numbers: RP10–1405–000. Description: UGI LNG Inc. submits intervention or protests. Applicants: Young Gas Storage tariff filing per 154.203: UGI LNG FERC Persons unable to file electronically Company, Ltd. Gas Tariff No. 1 to be effective 9/30/ should submit an original and 14 copies Description: Operational Purchases 2010. of the intervention or protest to the and Sales Report for the 12 months Filed Date: 09/30/2010. Federal Energy Regulatory Commission, ending June 30, 2010 of Young Gas Accession Number: 20100930–5491. 888 First St. NE., Washington, DC Storage Company, Ltd. Comment Date: 5 p.m. Eastern Time 20426. Filed Date: 09/30/2010. on Tuesday, October 12, 2010. The filings in the above proceedings Accession Number: 20100930–5402. Docket Numbers: RP10–1412–000. are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time Applicants: Natural Gas Pipeline eLibrary system by clicking on the on Tuesday, October 12, 2010. Company of America LLC. appropriate link in the above list. They Docket Numbers: RP10–1406–000. Description: Natural Gas Pipeline are also available for review in the Applicants: Kern River Gas Company of America LLC submits tariff Commission’s Public Reference Room in Transmission Company. filing per 154.203: Compliance in Washington, DC. There is an Description: Kern River Gas Docket Nos. RP10–147–004, RP10–147– eSubscription link on the Web site that Transmission Company submits tariff 005 and RP10–1402 to be effective enables subscribers to receive e-mail filing per 154.403: 2010 Periodic Rate 10/2/2010. notification when a document is added Adjustment to be effective 11/1/2010. Filed Date: 10/01/2010. to a subscribed docket(s). For assistance Filed Date: 09/30/2010. Accession Number: 20101001–5009. with any FERC Online service, please e- Accession Number: 20100930–5434. Comment Date: 5 p.m. Eastern Time mail [email protected]. or Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. call (866) 208–3676 (toll free). For TTY, on Tuesday, October 12, 2010. Docket Numbers: RP10–1413–000. call (202) 502–8659. Docket Numbers: RP10–1407–000. Applicants: TransColorado Gas Nathaniel J. Davis, Sr., Applicants: Kinder Morgan Interstate Transmission Company LLC. Deputy Secretary. Gas Transmission LLC. Description: TransColorado Gas Description: Kinder Morgan Interstate Transmission Company LLC submits [FR Doc. 2010–25561 Filed 10–8–10; 8:45 am] Gas Transmission LLC submits tariff tariff filing per 154.204: No Fuel BILLING CODE 6717–01–P filing per 154.204: Negotiated Rate Filing—Enterprise to be effective 2010–09–30 Mieco and TMV to be 11/1/2010. DEPARTMENT OF ENERGY effective 10/1/2010. Filed Date: 10/01/2010. Filed Date: 09/30/2010. Accession Number: 20101001–5010. Federal Energy Regulatory Accession Number: 20100930–5461. Comment Date: 5 p.m. Eastern Time Commission Comment Date: 5 p.m. Eastern Time on Wednesday, October 13, 2010. on Tuesday, October 12, 2010. Any person desiring to intervene or to Combined Notice of Filings Docket Numbers: RP10–1408–000. protest in any of the above proceedings Applicants: Equitrans, L.P. must file in accordance with Rules 211 September 30, 2010. Description: Equitrans, L.P. submits and 214 of the Commission’s Rules of Take notice that the Commission has tariff filing per 154.204: Negotiated Rate Practice and Procedure (18 CFR 385.211 received the following Natural Gas Agreement Filing to be effective and 385.214) on or before 5 p.m. Eastern Pipeline Rate and Refund Report filings: 10/1/2010. time on the specified comment date. It Docket Numbers: RP10–1361–000. Filed Date: 09/30/2010. is not necessary to separately intervene Applicants: Dominion Transmission, Accession Number: 20100930–5472. again in a subdocket related to a Inc. Comment Date: 5 p.m. Eastern Time compliance filing if you have previously Description: Dominion Transmission, on Tuesday, October 12, 2010. intervened in the same docket. Protests Inc. submits tariff filing per 154.203: Docket Numbers: RP10–1409–000. will be considered by the Commission DTI—Service Agreement Termination Applicants: Ozark Gas Transmission, in determining the appropriate action to Notice to be effective N/A. L.L.C. be taken, but will not serve to make Filed Date: 09/29/2010. Description: Ozark Gas Transmission, protestants parties to the proceeding. Accession Number: 20100929–5175. L.L.C. submits tariff filing per 154.204: Anyone filing a motion to intervene or Comment Date: 5 p.m. Eastern Time Negotiated Rate—BP—Contract 850008 protest must serve a copy of that on Tuesday, October 12, 2010. to be effective 11/1/2010. document on the Applicant. In reference Docket Numbers: RP10–1362–000. Filed Date: 09/30/2010. to filings initiating a new proceeding, Applicants: Rockies Express Pipeline Accession Number: 20100930–5483. interventions or protests submitted on LLC. Comment Date: 5 p.m. Eastern Time or before the comment deadline need Description: Rockies Express Pipeline on Tuesday, October 12, 2010. not be served on persons other than the LLC submits tariff filing per 154.204: Docket Numbers: RP10–1410–000. Applicant. Negotiate Rate 2010–09–29 A&R Applicants: Kern River Gas The Commission encourages Northwind, Enserco, Concord to be Transmission Company. electronic submission of protests and effective 10/1/2010. Description: Kern River Gas interventions in lieu of paper, using the Filed Date: 09/29/2010. Transmission Company submits tariff FERC Online links at http:// Accession Number: 20100929–5203. filing per 154.203: 2010 Reservation www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time Charge Credits to be effective 12/1/2010. service, persons with Internet access on Tuesday, October 12, 2010.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62527

Docket Numbers: RP10–1363–000. Docket Numbers: RP10–1369–000. Docket Numbers: RP10–1375–000. Applicants: Texas Eastern Applicants: Guardian Pipeline, L.L.C. Applicants: Total Peaking Services, Transmission, LP. Description: Guardian Pipeline, L.L.C. L.L.C. Description: Texas Eastern submits tariff filing per 154.203: Description: Total Peaking Services, Transmission, LP submits tariff filing Guardian Agreement Baseline to be L.L.C. submits tariff filing per 154.203: per 154.204: Non-conforming Service effective 10/1/2010. Total Peaking Services, L.L.C.—Baseline Agreement 910791 to be effective 10/1/ Filed Date: 09/29/2010. eTariff Filing to be effective 9/30/2010. 2010. Accession Number: 20100929–5389. Filed Date: 09/30/2010. Filed Date: 09/29/2010. Comment Date: 5 p.m. Eastern Time Accession Number: 20100930–5018. Accession Number: 20100929–5220. on Tuesday, October 12, 2010. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1370–000. on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Applicants: Maritimes & Northeast Docket Numbers: RP10–1376–000. Docket Numbers: RP10–1364–000. Pipeline, L.L.C. Applicants: Dominion Transmission, Applicants: TransColorado Gas Description: Maritimes & Northeast Inc. Transmission Company LLC. Pipeline, L.L.C. submits tariff filing per Description: Dominion Transmission, Description: TransColorado Gas 154.403(d)(2): MNUS FRQ Effective Inc. submits tariff filing per 154.403: Transmission Company LLC submits Nov. 2010 to be effective 11/1/2010. DTI—Annual EPCA to be effective 11/1/ tariff filing per 154.204: Index Filed Date: 09/29/2010. 2010. Publication Change to be effective 11/1/ Accession Number: 20100929–5407. Filed Date: 09/30/2010. 2010. Comment Date: 5 p.m. Eastern Time Accession Number: 20100930–5046. Filed Date: 09/29/2010. on Tuesday, October 12, 2010. Comment Date: 5 p.m. Eastern Time Accession Number: 20100929–5224. Docket Numbers: RP10–1371–000. on Tuesday, October 12, 2010. Comment Date: 5 p.m. Eastern Time Applicants: Caledonia Energy Docket Numbers: RP10–1377–000. on Tuesday, October 12, 2010. Partners, L.L.C. Applicants: Dominion Transmission, Docket Numbers: RP10–1365–000. Description: Caledonia Energy Inc. Applicants: Algonquin Gas Partners, L.L.C. submits its baseline Description: Dominion Transmission, Transmission, LLC. filing to FERC Gas Tariff, Volume No. 1 Inc. submits tariff filing per Description: Algonquin Gas pursuant to Order No. 714, to be 154.403(d)(2): DTI—Annual TCRA to be Transmission, LLC submits tariff filing effective 9/30/2010. effective 11/1/2010. per 154.204: Cleanup GT&C Section 32 Filed Date: 09/30/2010. Filed Date: 09/30/2010. to be effective 5/17/2010. Accession Number: 20100930–5004. Accession Number: 20100930–5058. Filed Date: 09/29/2010. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20100929–5275. on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1372–000. Docket Numbers: RP10–1378–000. on Tuesday, October 12, 2010. Applicants: CenterPoint Energy Gas Applicants: Williston Basin Interstate Docket Numbers: RP10–1366–000. Transmission Company. Pipeline Company. Applicants: Centra Pipelines Description: CenterPoint Energy Gas Description: Williston Basin Interstate Minnesota Inc. Transmission Company submits First Pipeline Company submits tariff filing Description: Centra Pipelines Revised Sheet 501 et al. to its FERC Gas per 154.203: Baseline Compliance Filing Minnesota Inc. submits tariff filing per Tariff, Seventh Revised Volume No. 1, to be effective 9/30/2010. 154.203: Baseline Filing of FERC Gas to be effective 11/1/2010. Filed Date: 09/30/2010. Tariff No. 1 to be effective 10/1/2010. Filed Date: 09/30/2010. Accession Number: 20100930–5069. Filed Date: 09/29/2010. Accession Number: 20100930–5006. Comment Date: 5 p.m. Eastern Time Accession Number: 20100929–5298. Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010. Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010. Docket Numbers: RP10–1379–000. on Tuesday, October 12, 2010. Docket Numbers: RP10–1373–000. Applicants: Williston Basin Interstate Docket Numbers: RP10–1367–000. Applicants: Golden Triangle Storage, Pipeline Company. Applicants: Texas Gas Transmission, Inc. Description: Williston Basin Interstate LLC. Description: Golden Triangle Storage, Pipeline Company submits tariff filing Description: Texas Gas Transmission, Inc. submits its Baseline Tariff Filing to per 154.204: Account 191 Filing to be LLC submits tariff filing per FERC Gas Tariff, First Revised Volume effective 9/30/2010. 154.403(d)(2): 2010 Fuel Tracker to be No. 1 in Compliance with Order No. Filed Date: 09/30/2010. effective 11/1/2010. 714, to be effective 9/30/2010. Accession Number: 20100930–5071. Filed Date: 09/29/2010. Filed Date: 09/30/2010. Comment Date: 5 p.m. Eastern Time Accession Number: 20100929–5306. Accession Number: 20100930–5007. on Tuesday, October 12, 2010. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1380–000. on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Applicants: ANR Pipeline Company. Docket Numbers: RP10–1368–000. Docket Numbers: RP10–1374–000. Description: ANR Pipeline Company Applicants: Gas Transmission Applicants: Paiute Pipeline Company. submits tariff filing per 154.203: Northwest Corporation. Description: Southwest Gas Baseline Filing to be effective 9/30/ Description: Gas Transmission Transmission Company submits its 2010. Northwest Corporation submits tariff Baseline Filing to FERC Gas Tariff, First Filed Date: 09/30/2010. filing per 154.203: Compliance RP10– Revised Volume No. 2, to be effective Accession Number: 20100930–5073. 901 to be effective 8/1/2010. 10/1/2010. Comment Date: 5 p.m. Eastern Time Filed Date: 09/29/2010. Filed Date: 09/30/2010. on Tuesday, October 12, 2010. Accession Number: 20100929–5312. Accession Number: 20100930–5011. Docket Numbers: RP10–1381–000. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Applicants: Wyoming Interstate on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Company, L.L.C.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62528 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Description: Operational Purchases filing per 154.204: Change In Rate of the intervention or protest to the and Sales Report covering the 12-month Schedule, Forms of Service Agreement, Federal Energy Regulatory Commission, period ending June 30, 2010 of or GT&C to be effective 11/1/2010. 888 First St., NE., Washington, DC Wyoming Interstate Company, L.L.C. Filed Date: 09/30/2010. 20426. Filed Date: 09/30/2010. Accession Number: 20100930–5138. The filings in the above proceedings Accession Number: 20100930–5092. Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010. eLibrary system by clicking on the on Tuesday, October 12, 2010. Docket Numbers: RP10–1388–000. appropriate link in the above list. They Docket Numbers: RP10–1382–000. Applicants: OkTex Pipeline are also available for review in the Applicants: Gulf South Pipeline Company, L.L.C. Commission’s Public Reference Room in Company, LP. Description: OkTex Pipeline Washington, DC. There is an Description: Gulf South Pipeline Company, L.L.C. submits tariff filing per eSubscription link on the Web site that Company, LP submits tariff filing per 154.203: OKTex Baseline Filing to be enables subscribers to receive e-mail 154.204: Enerquest to Trans Louisiana effective 9/30/2010. notification when a document is added 9–29–10 to be effective 10/1/2010. Filed Date: 09/30/2010. to a subscribed docket(s). For assistance Filed Date: 09/29/2010. Accession Number: 20100930–5154. with any FERC Online service, please e- Accession Number: 20100929–5543. Comment Date: 5 p.m. Eastern Time mail [email protected]. or Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010. call (866) 208–3676 (toll free). For TTY, on Tuesday, October 12, 2010. Docket Numbers: RP10–1389–000. call (202) 502–8659. Docket Numbers: RP10–1383–000. Applicants: Wyckoff Gas Storage Nathaniel J. Davis, Sr., Applicants: Portland Natural Gas Company, LLC. Deputy Secretary. Transmission System. Description: Wyckoff Gas Storage [FR Doc. 2010–25560 Filed 10–8–10; 8:45 am] Description: Portland Natural Gas Company, LLC submits tariff filing per Transmission System submits tariff 154.203: Baseline Filing to be effective BILLING CODE 6717–01–P filing per 154.203: Baseline Filing to be 9/30/2010 under RP10–01389–000 effective 9/30/2010. Filing Type: 740 DEPARTMENT OF ENERGY Filed Date: 09/30/2010. Filed Date: 09/30/2010. Accession Number: 20100930–5109. Accession Number: 20100930–5187. Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Commission on Tuesday, October 12, 2010. on Tuesday, October 12, 2010. Docket Numbers: RP10–1384–000. Any person desiring to intervene or to Combined Notice of Filings No. 2 Applicants: National Fuel Gas Supply protest in any of the above proceedings September 29, 2010. Corporation. must file in accordance with Rules 211 Take notice that the Commission has Description: National Fuel Gas Supply and 214 of the Commission’s Rules of received the following Natural Gas Corporation submits tariff filing per Practice and Procedure (18 CFR 385.211 Pipeline Rate and Refund Report filings: 154.203: October 2010 IG Rate to be and 385.214) on or before 5 p.m. Eastern effective 10/1/2010. time on the specified comment date. It Docket Numbers: RP10–1145–001. Filed Date: 09/30/2010. is not necessary to separately intervene Applicants: Southern Natural Gas Accession Number: 20100930–5111. again in a subdocket related to a Company. Description: Southern Natural Gas Comment Date: 5 p.m. Eastern Time compliance filing if you have previously Company submits substitute tariff on Tuesday, October 12, 2010. intervened in the same docket. Protests section which includes the revision to Docket Numbers: RP10–1385–000. will be considered by the Commission Standard 1.3.45 pursuant to Order No. Applicants: West Texas Gas, Inc. in determining the appropriate action to 587–U Compliance Amendment, to be Description: West Texas Gas, Inc. be taken, but will not serve to make effective 11/1/2010. submits tariff filing per 154.203: West protestants parties to the proceeding. Texas Gas, Inc. FERC Gas Tariff Second Filed Date: 09/24/2010. Anyone filing a motion to intervene or Accession Number: 20100924–5181. Revised Volume No. 1 to be effective 9/ protest must serve a copy of that Comment Date: 5 p.m. Eastern Time 30/2010. document on the Applicant. In reference on Wednesday, October 6, 2010. Filed Date: 09/30/2010. to filings initiating a new proceeding, Accession Number: 20100930–5112. Docket Numbers: RP10–1331–001. interventions or protests submitted on Applicants: Columbia Gas Comment Date: 5 p.m. Eastern Time or before the comment deadline need Transmission, LLC. on Tuesday, October 12, 2010. not be served on persons other than the Description: Columbia Gas Docket Numbers: RP10–1386–000. Applicant. Transmission, LLC submits tariff filing Applicants: Gulf South Pipeline The Commission encourages per 154.205(b): Amendment—Non- Company, LP. electronic submission of protests and Conforming—Jay-Bee to be effective 10/ Description: Gulf South Pipeline interventions in lieu of paper, using the 1/2010. Company, LP submits tariff filing per FERC Online links at http:// Filed Date: 09/28/2010. 154.204: Devon to Texla 9–30–10 to be www.ferc.gov. To facilitate electronic Accession Number: 20100928–5303. effective 10/1/2010. service, persons with Internet access Comment Date: 5 p.m. Eastern Time Filed Date: 09/30/2010. who will eFile a document and/or be on Tuesday, October 12, 2010. Accession Number: 20100930–5120. listed as a contact for an intervenor Docket Numbers: RP10–1346–001. Comment Date: 5 p.m. Eastern Time must create and validate an Applicants: Columbia Gas on Tuesday, October 12, 2010. eRegistration account using the Transmission, LLC. Docket Numbers: RP10–1387–000. eRegistration link. Select the eFiling Description: Columbia Gas Applicants: Carolina Gas link to log on and submit the Transmission, LLC submits tariff filing Transmission Corporation. intervention or protests. per 154.205(b): Amendment—Non- Description: Carolina Gas Persons unable to file electronically Conforming BlueStone to be effective Transmission Corporation submits tariff should submit an original and 14 copies 10/1/2010.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62529

Filed Date: 09/28/2010. DEPARTMENT OF ENERGY Description: Transcontinental Gas Accession Number: 20100928–5342. Pipe Line Company, LLC submits tariff Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory filing per 154.501: Annual Cash-Out on Tuesday, October 12, 2010. Commission Report Period Ending July 31, 2010 to be Docket Numbers: RP10–987–003. effective N/A. Applicants: Columbia Gas Combined Notice of Filings No. 1 Filed Date: 09/28/2010. Transmission, LLC. September 29, 2010. Accession Number: 20100928–5424. Description: Columbia Gas Comment Date: 5 p.m. Eastern Time Take notice that the Commission has Transmission, LLC submits tariff filing on Tuesday, October 12, 2010. received the following Natural Gas per 154.203: Non-Conforming—UGI— Pipeline Rate and Refund Report filings: Docket Numbers: RP10–1354–000. Compliance—Errata to be effective 8/23/ Applicants: Mojave Pipeline Docket Numbers: RP10–1348–000. 2010. Company, LLC. Applicants: Columbia Gulf Filed Date: 09/28/2010. Description: Mojave Pipeline Transmission Company. Accession Number: 20100928–5436. Company, LLC submits tariff filing per Description: Columbia Gulf Comment Date: 5 p.m. Eastern Time 154.203: RP10–1052 Compliance Filing Transmission Company submits its on Tuesday, October 12, 2010. to be effective 10/29/2010. Transportation Retainage Adjustment Docket Numbers: RP10–1083–002. Filed Date: 09/28/2010. Applicants: Eastern Shore Natural Gas (TRA)—Periodic Filing Decrease in Accession Number: 20100928–5427. Company. Retainage, to be effective 11/1/2010 Comment Date: 5 p.m. Eastern Time Description: Eastern Shore Natural Filed Date: 09/28/2010. on Tuesday, October 12, 2010. Gas Company submits tariff filing per Accession Number: 20100928–5230. Docket Numbers: RP10–1355–000. 154.203: Revised Baseline Electronic Comment Date: 5 p.m. Eastern Time on Tuesday, October 12, 2010. Applicants: CenterPoint Energy— Tariff to be effective 8/16/2010. Mississippi River Transmission Filed Date: 09/29/2010. Docket Numbers: RP10–1349–000. Accession Number: 20100929–5071. Corporation. Applicants: ANR Storage Company. Description: CenterPoint Energy— Comment Date: 5 p.m. Eastern Time Description: ANR Storage Company on Tuesday, October 12, 2010. Mississippi River Transmission submits tariff filing per 154.204: Op. Corporation submits tariff filing per Any person desiring to protest this Purchase & Sales, ROFR to be effective 154.204: Non-Conforming Operational filing must file in accordance with Rule 10/29/2010. Balancing Agreement with Ozark Gas 211 of the Commission’s Rules of Filed Date: 09/28/2010. Transmission, LLC to be effective 11/1/ Practice and Procedure (18 CFR Accession Number: 20100928–5291. 2010. 385.211). Protests to this filing will be Comment Date: 5 p.m. Eastern Time Filed Date: 09/28/2010. considered by the Commission in on Tuesday, October 12, 2010. Accession Number: 20100928–5445. determining the appropriate action to be Docket Numbers: RP10–1350–000. Comment Date: 5 p.m. Eastern Time taken, but will not serve to make Applicants: Viking Gas Transmission on Tuesday, October 12, 2010. protestants parties to the proceeding. Company. Such protests must be filed on or before Docket Numbers: RP10–1356–000. Description: Viking Gas Transmission Applicants: Kern River Gas 5 p.m. Eastern time on the specified Company submits tariff filing per comment date. Anyone filing a protest Transmission Company. 154.403(d)(2): Semi Annual FLRP–Fall Description: Kern River Gas must serve a copy of that document on 2010 to be effective 11/1/2010. all the parties to the proceeding. Transmission Company submits tariff Filed Date: 09/28/2010. filing per 154.204: Original Volume 1A The Commission encourages Accession Number: 20100928–5313. electronic submission of protests in lieu to be effective 11/1/2010. Comment Date: 5 p.m. Eastern Time Filed Date: 09/28/2010. of paper using the ‘‘eFiling’’ link at on Tuesday, October 12, 2010. http://www.ferc.gov. Persons unable to Accession Number: 20100928–5446. Docket Numbers: RP10–1351–000. file electronically should submit an Comment Date: 5 p.m. Eastern Time Applicants: Hampshire Gas Company. original and 14 copies of the protest to on Tuesday, October 12, 2010. Description: Hampshire Gas Company Docket Numbers: RP10–1357–000. the Federal Energy Regulatory submits tariff filing per 154.203: Commission, 888 First Street, NE., Applicants: PetroLogistics LLC. Hampshire Gas Company Baseline Gas Description: PetroLogistics LLC Washington, DC 20426. Tariff to be effective 9/28/2010. This filing is accessible on-line at submits tariff filing per 154.203: Filed Date: 09/28/2010. http://www.ferc.gov, using the PetroLogistics Natural Gas Storage LLC Accession Number: 20100928–5327. ‘‘eLibrary’’ link and is available for FERC Gas Tariff Volume 1 to be Comment Date: 5 p.m. Eastern Time review in the Commission’s Public effective 9/28/2010. on Tuesday, October 12, 2010. Reference Room in Washington, DC. Filed Date: 09/28/2010. There is an ‘‘eSubscription’’ link on the Docket Numbers: RP10–1352–000. Accession Number: 20100928–5450. Web site that enables subscribers to Applicants: Gulf South Pipeline Comment Date: 5 p.m. Eastern Time receive e-mail notification when a Company, LP. on Tuesday, October 12, 2010. document is added to a subscribed Description: Gulf South Pipeline Docket Numbers: RP10–1358–000. docket(s). For assistance with any FERC Company, LP submits tariff filing per Applicants: Dominion Transmission, Online service, please e-mail 154.204: Oneok to BG Energy to be Inc. [email protected], or call effective 10/1/2010. Description: Dominion Transmission, (866) 208–3676 (toll free). For TTY, call Filed Date: 09/28/2010. Inc. submits tariff filing per 154.204: (202) 502–8659. Accession Number: 20100928–5333. DTI—Dominion Hub II incremental rate Comment Date: 5 p.m. Eastern Time to be effective 11/1/2010. Nathaniel J. Davis, Sr., on Tuesday, October 12, 2010. Filed Date: 09/29/2010. Deputy Secretary. Docket Numbers: RP10–1353–000. Accession Number: 20100929–5065. [FR Doc. 2010–25559 Filed 10–8–10; 8:45 am] Applicants: Transcontinental Gas Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P Pipe Line Company, LLC. on Tuesday, October 12, 2010.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62530 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Docket Numbers: RP10–1359–000. Commission’s Public Reference Room in and Replacement–2–A for confirmation Applicants: Dominion Transmission, Washington, DC. There is an and approval on a final basis, effective Inc. eSubscription link on the Web site that October 1, 2010, and ending September Description: Dominion Transmission, enables subscribers to receive e-mail 30, 2015. Inc. submits tariff filing per 154.204: notification when a document is added Any person desiring to intervene or to DTI—Dominion Hub III incremental rate to a subscribed docket(s). For assistance protest this filing must file in to be effective 11/1/2010. with any FERC Online service, please e- accordance with Rules 211 and 214 of Filed Date: 09/29/2010. mail [email protected]. or the Commission’s Rules of Practice and Accession Number: 20100929–5066. call (866) 208–3676 (toll free). For TTY, Procedure (18 CFR 385.211, 385.214). Comment Date: 5 p.m. Eastern Time call (202) 502–8659. Protests will be considered by the on Tuesday, October 12, 2010. Commission in determining the Nathaniel J. Davis, Sr., Docket Numbers: RP10–1360–000. appropriate action to be taken, but will Deputy Secretary. Applicants: Guardian Pipeline, L.L.C. not serve to make protestants parties to Description: Guardian Pipeline, L.L.C. [FR Doc. 2010–25558 Filed 10–8–10; 8:45 am] the proceeding. Any person wishing to submits tariff filing per 154.403(d)(2): BILLING CODE 6717–01–P become a party must file a notice of Transporter’s Use Gas Annual intervention or motion to intervene, as Adjustment to be effective 11/1/2010. appropriate. Such notices, motions, or DEPARTMENT OF ENERGY Filed Date: 09/29/2010. protests must be filed on or before the Accession Number: 20100929–5068. Federal Energy Regulatory comment date. On or before the Comment Date: 5 p.m. Eastern Time Commission comment date, it is not necessary to on Tuesday, October 12, 2010. serve motions to intervene or protests Any person desiring to intervene or to [Docket No. EG10–48–000; EG10–51–000; on persons other than the Applicant. EG10–52–000; EG10–53–000; EG10–54–000; The Commission encourages protest in any of the above proceedings EG10–55–000; EG10–56–000] must file in accordance with Rules 211 electronic submission of protests and and 214 of the Commission’s Rules of Eagle Creek Hydro Power, LLC; Laredo interventions in lieu of paper using the ‘‘ ’’ Practice and Procedure (18 CFR 385.211 Ridge Wind, LLC; RRI Energy West, eFiling link at http://www.ferc.gov. and 385.214) on or before 5 p.m. Eastern Inc.; Goshen Phase II LLC; Solar Persons unable to file electronically time on the specified comment date. It Partners I, LLC; Solar Partners II, LLC; should submit an original and 14 copies is not necessary to separately intervene Solar Partners VIII, LLC; Notice of of the protest or intervention to the again in a subdocket related to a Effectiveness of Exempt Wholesale Federal Energy Regulatory Commission, compliance filing if you have previously Generator Status 888 First Street, NE., Washington, DC intervened in the same docket. Protests 20426. will be considered by the Commission October 1, 2010. This filing is accessible on-line at in determining the appropriate action to Take notice that during the month of http://www.ferc.gov, using the be taken, but will not serve to make September 2010, the status of the above- ‘‘eLibrary’’ link and is available for protestants parties to the proceeding. captioned entities as Exempt Wholesale review in the Commission’s Public Anyone filing a motion to intervene or Generators became effective by Reference Room in Washington, DC. protest must serve a copy of that operation of the Commission’s There is an ‘‘eSubscription’’ link on the document on the Applicant. In reference regulations. 18 CFR 366.7(a). Web site that enables subscribers to to filings initiating a new proceeding, receive e-mail notification when a Kimberly D. Bose, document is added to a subscribed interventions or protests submitted on Secretary. or before the comment deadline need docket(s). For assistance with any FERC [FR Doc. 2010–25509 Filed 10–8–10; 8:45 am] not be served on persons other than the Online service, please e-mail Applicant. BILLING CODE 6717–01–P [email protected], or call The Commission encourages (866) 208–3676 (toll free). For TTY, call (202) 502–8659. electronic submission of protests and DEPARTMENT OF ENERGY interventions in lieu of paper, using the Comment Date: 5 p.m. Eastern Time on October 20, 2010. FERC Online links at http:// Federal Energy Regulatory www.ferc.gov. To facilitate electronic Commission Kimberly D. Bose, service, persons with Internet access [Docket No. EF10–8–000] Secretary. who will eFile a document and/or be [FR Doc. 2010–25508 Filed 10–8–10; 8:45 am] listed as a contact for an intervenor Southeastern Power Administration; BILLING CODE 6717–01–P must create and validate an Notice of Filing eRegistration account using the eRegistration link. Select the eFiling October 1, 2010. DEPARTMENT OF ENERGY link to log on and submit the Take notice that on September 16, intervention or protests. 2010, the Deputy Secretary of the Federal Energy Regulatory Persons unable to file electronically Department of Energy submitted Rate Commission should submit an original and 14 copies Order No. SEPA–52, approved on an [Docket No. ID–6409–000] of the intervention or protest to the interim basis, effective on October 1, Federal Energy Regulatory Commission, 2010; Rate Schedule VA–1–B et al. and Williams, Barry Lawson; Notice of 888 First St., NE., Washington, DC Replacement–2–A for the sale of power Filing 20426. from Southeastern Power The filings in the above proceedings Administration’s Kerr-Philpott System, October 4, 2010. are accessible in the Commission’s and under the authority vested in the Take notice that on September 24, eLibrary system by clicking on the Federal Energy Regulatory Commission 2010, Barry Lawson Williams submitted appropriate link in the above list. They by Delegation Order No. 00–037.00, for filing, an application for authority to are also available for review in the submitted Rate Schedule VA–1–B et al. hold interlocking positions, pursuant to

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62531

section 305(b) of the Federal Power Act, authority vested in the Federal Energy DEPARTMENT OF ENERGY Part 45 of the Federal Energy Regulatory Regulatory Commission by Delegation Commission’s (Commission) Order No. 00–037.00, submitted Rate Federal Energy Regulatory Regulations, 18 CFR part 45 (2008), and Order No. WAPA–150, extension of the Commission 18 CFR 385.204 (2008). Boulder Canyon Project electric service, [Project No. 485–063] Any person desiring to intervene or to for confirmation and final approval to protest this filing must file in be effective October 1, 2010, up to Georgia Power Company; Notice of accordance with Rules 211 and 214 of September 30, 2015. Meeting and Environmental Site the Commission’s Rules of Practice and Review Procedure (18 CFR 385.211, 385.214). Any person desiring to intervene or to Protests will be considered by the protest this filing must file in October 4, 2010. Commission in determining the accordance with Rules 211 and 214 of On October 14, 2010, Commission appropriate action to be taken, but will the Commission’s Rules of Practice and staff, together with representatives of not serve to make protestants parties to Procedure (18 CFR 385.211, 385.214). Georgia Power Company (the applicant), the proceeding. Any person wishing to Protests will be considered by the will hold a meeting and an become a party must file a notice of Commission in determining the Environmental Site Review for the intervention or motion to intervene, as appropriate action to be taken, but will Bartletts Ferry Project. The purpose of appropriate. Such notices, motions, or not serve to make protestants parties to the one-day meeting and site review is protests must be filed on or before the the proceeding. Any person wishing to to orient Commission staff who are in comment date. On or before the become a party must file a notice of new roles in the Bartletts Ferry relicensing proceeding to project comment date, it is not necessary to intervention or motion to intervene, as serve motions to intervene or protests facilities and the approved study plans. appropriate. Such notices, motions, or The meeting for the Bartletts Ferry on persons other than the Applicant. protests must be filed on or before the The Commission encourages Project will begin at 9 a.m. EST (8 a.m. comment date. On or before the Central) at the Bartletts Ferry electronic submission of protests and comment date, it is not necessary to interventions in lieu of paper using the Clubhouse, 61 Lee Road 335, Salem, AL serve motions to intervene or protests 36874. The boat tour of Lake Harding ‘‘eFiling’’ link at http://www.ferc.gov. on persons other than the Applicant. Persons unable to file electronically will begin at 12:30 p.m. EST (11:30 a.m. should submit an original and 14 copies The Commission encourages Central). All interested individuals, of the protest or intervention to the electronic submission of protests and organizations, agencies, and Indian Federal Energy Regulatory Commission, interventions in lieu of paper using the tribes are invited to attend the meeting 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. and/or boat tour. All participants are 20426. Persons unable to file electronically responsible for their own transportation This filing is accessible on-line at should submit an original and 14 copies to the meeting location and throughout http://www.ferc.gov, using the of the protest or intervention to the the day (except boat tour), as may be ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, necessary. Anyone with questions about review in the Commission’s Public 888 First Street, NE., Washington, DC the meeting and boat tour, as well as to make the necessary arrangements to get Reference Room in Washington, DC. 20426. There is an ‘‘eSubscription’’ link on the to the Bartletts Ferry Clubhouse and This filing is accessible on-line at reserve space for the boat tour, should Web site that enables subscribers to http://www.ferc.gov, using the receive email notification when a contact Mr. George Martin of Georgia ‘‘eLibrary’’ link and is available for document is added to a subscribed Power Company at (404) 506–1357, or review in the Commission’s Public docket(s). For assistance with any FERC Ms. Courtenay O’Mara of Southern Online service, please e-mail Reference Room in Washington, DC. Company Generation at (404) 506–7219. There is an ‘‘eSubscription’’ link on the [email protected], or call Kimberly D. Bose, Web site that enables subscribers to (866) 208–3676 (toll free). For TTY, call Secretary. (202) 502–8659. receive e-mail notification when a document is added to a subscribed [FR Doc. 2010–25515 Filed 10–8–10; 8:45 am] Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P on October 15, 2010. docket(s). For assistance with any FERC Online service, please e-mail Kimberly D. Bose, [email protected], or call DEPARTMENT OF ENERGY Secretary. (866) 208–3676 (toll free). For TTY, call [FR Doc. 2010–25514 Filed 10–8–10; 8:45 am] (202) 502–8659. Federal Energy Regulatory BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time Commission on October 20, 2010. Alabama Power Company; Project No. DEPARTMENT OF ENERGY Kimberly D. Bose, 349–150—Alabama Martin Dam Secretary. Hydroelectric Project; Notice of Federal Energy Regulatory Proposed Restricted Service List for a [FR Doc. 2010–25507 Filed 10–8–10; 8:45 am] Commission Programmatic Agreement for BILLING CODE 6717–01–P [Docket No. EF10–7–000] Managing Properties Included in or Eligible for Inclusion in the National Western Area Power Administration; Register of Historic Places Notice of Filing October 1, 2010. October 1, 2010. Rule 2010 of the Federal Energy Take notice that on September 16, Regulatory Commission’s (Commission) 2010, the Deputy Secretary of the Rules of Practice and Procedure, 18 CFR Department of Energy, under the 385.2010, provides that, to eliminate

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62532 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

unnecessary expense or improve Council’s regulations, 36 CFR part 800, or is terminated (36 CFR 800.13[e]). The administrative efficiency, the Secretary implementing section 106 of the Commission’s responsibilities pursuant may establish a restricted service list for National Historic Preservation Act, as to section 106 for the project would be a particular phase or issue in a amended, (16 U.S.C. 470f), to prepare a fulfilled through the Programmatic proceeding. The restricted service list Programmatic Agreement for managing Agreement, which the Commission staff should contain the names of persons on properties included in, or eligible for proposes to draft in consultation with the service list who, in the judgment of inclusion in, the National Register of certain parties listed below. the decisional authority establishing the Historic Places at the Martin Dam Alabama Power Company, as licensee list, are active participants with respect Hydroelectric Project. for Project No. 349–150, is invited to to the phase or issue in the proceeding The Programmatic Agreement, when participate in consultations to develop for which the list is established. executed by the Commission, the the Programmatic Agreement and to The Commission staff is consulting Alabama SHPO, and the Advisory sign as a concurring party to the with the Alabama State Historic Council, would satisfy the Programmatic Agreement. For purposes Preservation Officer (hereinafter, SHPO) Commission’s section 106 of commenting on the Programmatic and the Advisory Council on Historic responsibilities for all individual Agreement, we propose to restrict the Preservation (hereinafter, Advisory undertakings carried out in accordance service list for Project No. 349–150 as Council) pursuant to the Advisory with the license until the license expires follows:

John Fowler, Executive Director Advisory Council on Historic Preserva- Robert Thrower, THPO Poarch Band of Creek Indians 5811 Jack tion The Old Post Office Building Suite 803 1100 Pennsylvania Ave- Springs Road Atmore, AL 36502. nue, NW., Washington, DC 20004. Elizabeth Ann Brown, Deputy SHPO Alabama Historical Commission Terry Cole, THPO Choctaw Nation of Oklahoma 3010 Enterprise Bou- 468 South Perry Street Montgomery, AL 36130–0900. levard Durant, OK 74701. Amanda Hill or Representative Alabama Historical Commission 468 Augustine Asbury Alabama-Quassarte Tribal Town 101 E. Broadway South Perry Street Montgomery, AL 36130–0900. Wetumka, OK 74883. Jim Crew or Representative Alabama Power Company 600 North 18th Bryant Celestine, THPO Alabama-Coushatta Tribe of Texas 571 State Street Birmingham, AL 35291. Park Road 56 Livingston, TX 77351. Dr. James Kardatzke Bureau of Indian Affairs Eastern Regional Office 545 Marriott Drive, Suite 700 Nashville, TN 37214. Jonathan A. Ashley or Representative U.S. Army Corps of Engineers Charles Coleman Thlopthlocco Tribal Town P.O. Box 188 Okemah, OK P.O. Box 2288 Mobile, AL 36628–0001 ATTN: EN–HW. 74859–0188.

Any person on the official service list of prohibited and exempt off-the-record document on all parties listed on the for the above-captioned proceedings communications. official service list for the applicable may request inclusion on the restricted Order No. 607 (64 FR 51222, proceeding in accordance with Rule service list, or may request that a September 22, 1999) requires 2010, 18 CFR 385.2010. restricted service list not be established, Commission decisional employees, who Exempt off-the-record by filing a motion to that effect within make or receive a prohibited or exempt communications are included in the 15 days of this notice date. An original off-the-record communication relevant decisional record of the proceeding, plus seven copies of any such motion to the merits of a contested proceeding, unless the communication was with a must be filed with the Secretary of the to deliver to the Secretary of the Commission (888 First Street, NE., Commission, a copy of the cooperating agency as described by 40 Washington, DC 20426) and must be communication, if written, or a CFR 1501.6, made under 18 CFR served on each person whose name summary of the substance of any oral 385.2201(e)(1)(v). appears on the official service list. If no communication. The following is a list of off-the- such motions are filed, the restricted Prohibited communications are record communications recently service list will be effective at the end included in a public, non-decisional file received by the Secretary of the of the 15 day period. Otherwise, a associated with, but not a part of, the Commission. The communications further notice will be issued ruling on decisional record of the proceeding. listed are grouped by docket numbers in the motion. Unless the Commission determines that ascending order. These filings are Kimberly D. Bose, the prohibited communication and any available for review at the Commission Secretary. responses thereto should become a part in the Public Reference Room or may be of the decisional record, the prohibited viewed on the Commission’s Web site at [FR Doc. 2010–25510 Filed 10–8–10; 8:45 am] off-the-record communication will not BILLING CODE 6717–01–P http://www.ferc.gov using the eLibrary be considered by the Commission in link. Enter the docket number, reaching its decision. Parties to a excluding the last three digits, in the DEPARTMENT OF ENERGY proceeding may seek the opportunity to docket number field to access the respond to any facts or contentions document. For assistance, please contact made in a prohibited off-the-record Federal Energy Regulatory FERC, Online Support at Commission communication, and may request that the Commission place the prohibited [email protected] or toll [Docket No. RM98–1–000] communication and responses thereto free at (866) 208–3676, or for TTY, contact (202) 502–8659. Records Governing Off-the-Record in the decisional record. The Communications; Public Notice Commission will grant such a request only when it determines that fairness so October 1, 2010. requires. Any person identified below as This constitutes notice, in accordance having made a prohibited off-the-record with 18 CFR 385.2201(b), of the receipt communication shall serve the

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62533

Docket No. File date Presenter or requester

Prohibited: 1. ER08–386–000 ...... 9–8–10 Peter C. Luchsinger. Exempt: 1. CP09–35–000 ...... 9–14–10 Elizabeth Kendziora. 2. CP10–477–000 ...... 9–22–10 Hon. John Barrow. 3. CP10–494–000 ...... 9–30–10 Ashley and Stuart Moberley. 4. CP10–494–000 ...... 9–30–10 Jackie and Victoria Truelove. 5. Project No. 606–000 ...... 9–16–10 Hon. Wally Herger. 6. Project No. 2621–000 ...... 9–29–10 Jim Seay.1

Nathaniel J. Davis, Sr., Texas Street, Suite 2400, Houston, application pursuant to Section 7(b), Deputy Secretary. Texas 77002–2761, telephone no. (832) Parts 157.205, 157.208 and 157.212, of [FR Doc. 2010–25557 Filed 10–8–10; 8:45 am] 320–5215, facsimile no. (832) 320–6215 the Commission’s regulations under the BILLING CODE 6717–01–P and e-mail: Natural Gas Act (NGA) for authorization [email protected]. to construct a new interconnection with Any person may, within 60 days after Gulf LNG Pipeline, LLC’s (Gulf LNG) DEPARTMENT OF ENERGY the issuance of the instant notice by the Destin Meter Station located in Jackson Commission, file pursuant to Rule 214 County, Mississippi, all as more fully Federal Energy Regulatory of the Commission’s Procedural Rules set forth in the application, which is on Commission (18 CFR 385.214) a motion to intervene file with the Commission and open to [Docket No. CP10–507–000] or notice of intervention. Any person public inspection. The filing may also filing to intervene or the Commission’s be viewed on the Web at http:// ANR Pipeline Company; Notice of staff may, pursuant to section 157.205 of www.ferc.gov using the ‘‘eLibrary’’ link. Request Under Blanket Authorization the Commission’s Regulations under the Enter the docket number excluding the NGA (18 CFR 157.205) file a protest to last three digits in the docket number October 4, 2010. the request. If no protest is filed within field to access the document. For Take notice that on September 23, the time allowed therefore, the proposed assistance, contact FERC at 2010, ANR Pipeline Company (ANR), activity shall be deemed to be [email protected] or call 717 Texas Street, Suite 2400, Houston, authorized effective the day after the toll-free, (866) 208–3676 or TTY, (202) Texas 77002–2761, filed a prior notice time allowed for protest. If a protest is 502–8659. request pursuant to sections 157.205 filed and not withdrawn within 30 days Specifically, Destin plans to construct and 157.216 of the Federal Energy after the time allowed for filing a a new interconnection between its Regulatory Commission’s regulations protest, the instant request shall be existing 36-inch pipeline and Gulf under the Natural Gas Act (NGA) and treated as an application for LNG’s Destin Meter Station that will ANR’s blanket certificate issued in authorization pursuant to section 7 of consist of a new 36-inch hot tap and Docket No. CP82–480, for authorization the NGA. approximately 35 feet of 36-inch natural to abandon an inactive section of The Commission strongly encourages gas pipeline. pipeline. Specifically, ANR seeks to electronic filings of comments, protests, Any questions regarding the abandon approximately 10.08 miles of and interventions via the internet in lieu 8-inch diameter pipeline (Line 464– application should be directed to Bruce of paper. See 18 CFR 385.2001(a)(1)(iii) G. Reed, Director, Regulatory Affairs, BP 0803) between mileposts 19.08 and 9.00, and the instructions on the located in Custer County, Oklahoma. Pipelines (North America), 550 Commission’s Web site (http:// Westlake Park Boulevard, Houston, TX ANR will abandon the pipeline in place www.ferc.gov) under the ‘‘e-Filing’’ link. with the exception of five side taps, 77079–2696 at (281) 366–5062. approximately 659 feet of pipe over Kimberly D. Bose, Any person may, within 60 days after Deer Creek, and the pipe to be Secretary. the issuance of the instant notice by the disconnected at milepost 9.00 which Commission, file pursuant to Rule 214 [FR Doc. 2010–25512 Filed 10–8–10; 8:45 am] of the Commission’s Procedural Rules ANR will abandon by removal, all as BILLING CODE 6717–01–P more fully set forth in the application, (18 CFR 385.214) a motion to intervene which is on file with the Commission or notice of intervention. Any person and open to public inspection. The DEPARTMENT OF ENERGY filing to intervene or the Commission’s filing may also be viewed on the web at staff may, pursuant to section 157.205 of http://www.ferc.gov using the ‘‘eLibrary’’ Federal Energy Regulatory the Commission’s regulations under the link. Enter the docket number excluding Commission NGA (18 CFR 157.205) file a protest to the request. If no protest is filed within the last three digits in the docket [Docket No. CP10–501–000] number field to access the document. the time allowed therefore, the proposed For assistance, contact FERC at Destin Pipeline Company, L.L.C.; activity shall be deemed to be [email protected] or call Notice of Request Under Blanket authorized effective the day after the toll-free, (866) 208–3676 or TTY, (202) Authorization time allowed for protest. If a protest is 502–8659. filed and not withdrawn within 30 days Any questions regarding the October 1, 2010. after the time allowed for filing a application should be directed to Rene Take notice that on September 20, protest, the instant request shall be Staeb, ANR Pipeline Company, 717 2010, Destin Pipeline Company, L.L.C. treated as an application for (Destin), 550 Westlake Park Boulevard, authorization pursuant to section 7 of 1 E-mail exchange with FERC staff. Houston, Texas, 77079–2696 filed an the NGA.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62534 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

The Commission strongly encourages questions, visit http:// I. Background electronic filings of comments, protests, www.CapitolConnection.org or call 703– The NAC/AEGL Committee is a and interventions via the Internet in lieu 993–3100. discretionary Federal advisory of paper. See 18 CFR 385.2001(a)(1)(iii) A further notice with detailed committee chartered under the Federal and the instructions on the information, including the agenda, will Advisory Committee Act (FACA), Public Commission’s Web site (http:// be issued in advance of the conference. Law 92–463. The NAC/AEGL ‘‘ ’’ www.ferc.gov) under the e-Filing link. All interested parties are invited and Committee was established in 1995 with Kimberly D. Bose, there is no registration list or the intent to develop AEGLs for use in Secretary. registration fee to attend. chemical emergency programs. An For further information contact [FR Doc. 2010–25506 Filed 10–8–10; 8:45 am] initial priority list of 85 chemicals for Gregory Campbell by e-mail at BILLING CODE 6717–01–P AEGL development was published in [email protected] or by phone the Federal Register on May 21, 1997 at 202–502–6465. (62 FR 27734) (FRL–5718–9), and since DEPARTMENT OF ENERGY Kimberly D. Bose, that time has increased to Secretary. approximately 300 chemical substances, Federal Energy Regulatory for which AEGL values are developed Commission [FR Doc. 2010–25505 Filed 10–8–10; 8:45 am] and submitted to the National BILLING CODE 6717–01–P [Docket No. AD11–1–000] Academies (NAS) for peer review and publication. Additional background Reliability Monitoring, Enforcement information and progress of the NAC/ AEGL Committee may be found on its and Compliance Issues; Notice of ENVIRONMENTAL PROTECTION Web site at http://www.epa.ogv/oppt/ Technical Conference AGENCY aeg1. October 1, 2010. Members are appointed by the EPA The Federal Energy Regulatory [EPA–HQ–OPPT–2010–0618; FRL–8839–5] Administrator for 2–year terms with the Commission (Commission) will hold a possibility of reappointment. The NAC/ Request for Nominations to the Commissioner-led Technical Conference AEGL Committee generally meets two National Advisory Committee for the in the above-referenced proceeding to times annually, or as needed and Development of Acute Exposure explore issues associated with reliability approved by the Designated Federal Guideline Levels for Hazardous monitoring, enforcement and Officer (DFO). Meetings will generally Substances compliance, as announced in the be held in Washington, DC. Members Commission’s order issued September may serve as Representative 16, 2010 that accepted the North AGENCY: Environmental Protection Agency (EPA). Government Employees (Federal American Electric Reliability members) or Special Government ACTION: Notice. Corporation’s initial assessment in Employees (non Federal members) and Docket No. RR09–7–000 of its EPA may provide reimbursement for performance as the nation’s Electric SUMMARY: The U.S. Environmental Protection Agency (EPA) invites travel expenses associated with official Reliability Organization (ERO), and government business. performance by the Regional Entities, nominations from a diverse range of under their delegation agreements with qualified candidates to be considered II. Request for Nominations 1 for appointment to the National the ERO. EPA is seeking nominations from all Advisory Committee for the This Technical Conference will be sectors, including academia, industry, Development of Acute Exposure held on November 18, 2010, in the non-governmental organizations, and Guideline Levels (AEGLs) for Hazardous Commission Meeting Room (2C) at State, local and Tribal governments. In Substances (NAC/AEGL Committee). Commission Headquarters, 888 First an effort to obtain nominations of Street, NE., Washington, DC 20426, from DATES: Nominations should be diverse candidates, EPA encourages 1 p.m. until 5 p.m. EST. The conference submitted by November 12, 2010 in nominations of women and men of all will be transcribed and Webcast. order to ensure fullest consideration. It racial and ethnic groups. Transcripts of the conference will be is anticipated that vacancies will be In selecting Committee members, EPA immediately available for a fee from filled by March 2011. will seek candidates who possess: Ace-Federal Reporters, Inc. (202–347– ADDRESSES: Submit all nominations to: Extensive professional knowledge of 3700 or 1–800–336–6646). A free Paul S. Tobin, Designated Federal toxicological methodologies and webcast of the conference is also Officer, Office of the Administrator, U.S. development of human health standards available through http://www.ferc.gov. Environmental Protection Agency (MC for acute exposure; a demonstrated Anyone with Internet access who 7403M), 1200 Pennsylvania Avenue, ability to examine and analyze desires to listen to this event can do so NW., Washington, DC 20460. You may complicated human health issues with by navigating to http://www.ferc.gov’s also e-mail nominations to: objectivity and integrity; excellent Calendar of Events and locating this [email protected]. interpersonal as well as oral and written event in the Calendar. The event will communication skills; and an ability FOR FURTHER INFORMATION CONTACT: For contain a link to its webcast. The and willingness to participate in a technical information contact: Paul S. Capitol Connection provides technical deliberative and collaborative process. Tobin, Designated Federal Officer; U.S. support for the webcasts and offers the In addition, well qualified applicants Environmental Protection Agency; 1200 option of listening to the meeting via must be prepared to process a Pennsylvania Ave., NW., Washington, phone-bridge for a fee. If you have any substantial amount of complex and DC 20460–0001; telephone number: technical information, and have the 1 (202) 564–8557; e-mail address: North American Electric Reliability Corporation; ability to volunteer approximately 10 to Reliability Standards Development and NERC and [email protected]. Regional Entity Enforcement, 132 FERC ¶ 61,217 at 15 hours per month to the Committee’s P 12 (2010). SUPPLEMENTARY INFORMATION: activities, including participation in

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62535

teleconference meetings and preparation defined by Federal regulation. The form Florida, ACAs, and their subsidiaries of text for Committee reports. may be viewed and downloaded from with and into Farm Credit of South the following URL address: http:// Florida, ACA, and its subsidiaries. III. Process and Deadline for www.epo.gov/oppt/aeg1/pubs/ Submitting Nominations C. Reports ethics.htm. Any interested person or organization • OE Quarterly Report on the Farm may nominate qualified individuals for List of Subjects Credit System. possible service on the NAC/AEGL Environmental protection, Hazardous Closed Session* Committee in the area of expertise substances, NAC/AEGL Committee. described above. Interested candidates Dated: October 4, 2010. Reports may self-nominate. All nominations Wendy C. Hamnett, Report on Institutions’ Supervisory, must be identified by name, occupation, Enforcement, and organization, position, current business Director, Office of Pollution Prevention and Toxics. • Oversight Activities. address, email address, and daytime telephone number, and must include: [FR Doc. 2010–25567 Filed 10–8–10; 8:45 am] *Session Closed—Exempt pursuant to 5 (1) A resume detailing relevant BILLING CODE 6560–50–P U.S.C. 552b(c)(8) and (9). experience and professional and Dated: October 7, 2010. educational qualifications of the Roland E. Smith, nominee; and (2) a brief statement (one FARM CREDIT ADMINISTRATION Secretary, Farm Credit Administration Board. page or less) describing the nominee’s Farm Credit Administration Board; [FR Doc. 2010–25765 Filed 10–7–10; 4:15 pm] interest in serving on the Committee. BILLING CODE 6705–01–P Submit all nominations to Paul S. Sunshine Act; Regular Meeting Tobin, Designated Federal Officer AGENCY: Farm Credit Administration. (DFO), Office of Chemical Safety and SUMMARY: Notice is hereby given, Pollution Prevention, U.S. FEDERAL COMMUNICATIONS pursuant to the Government in the Environmental Protection Agency (MC: COMMISSION Sunshine Act (5 U.S.C. 552b(e)(3)), of 7403M), 1200 Pennsylvania Avenue, the regular meeting of the Farm Credit NW., Washington, DC 20460. You may Notice of Public Information Administration Board (Board). also submit the nomination by e-mail to: Collection(s) Being Reviewed by the Date and Time: The regular meeting [email protected]. To receive full Federal Communications Commission, of the Board will be held at the offices consideration, nominations should Comments Requested of the Farm Credit Administration in include all of the information requested. McLean, Virginia, on October 14, 2010, October 1, 2010. Persons having questions about the from 9 a.m. until such time as the Board SUMMARY: The Federal Communications nominations procedures should contact concludes its business. Commission, as part of its continuing Paul S. Tobin (DFO) as indicated above FOR FURTHER INFORMATION CONTACT: effort to reduce paperwork burden in this notice. Nominations should be invites the general public and other submitted in time to arrive no later than Roland E. Smith, Secretary to the Farm Credit Administration Board, (703) 883– Federal agencies to take this November 12, 2010. opportunity to comment on the Selection criteria to be used for panel 4009, TTY (703) 883–4056. following information collection(s), as membership include: ADDRESSES: Farm Credit required by the Paperwork Reduction a. Scientific and/or technical Administration, 1501 Farm Credit Drive, Act (PRA) of 1995, 44 U.S.C. 3501–3520. expertise, knowledge and experience McLean, Virginia 22102–5090. Comments are requested concerning: (a) (primary factors); SUPPLEMENTARY INFORMATION: Parts of b. Availability and willingness to Whether the proposed collection of this meeting of the Board will be open information is necessary for the proper serve; to the public (limited space available), c. Absence of financial conflicts of performance of the functions of the and parts will be closed to the public. Commission, including whether the interest; In order to increase the accessibility to d. Absence of an appearance of a lack information shall have practical utility; Board meetings, persons requiring of impartiality; (b) the accuracy of the Commission’s e. Skills working in advisory assistance should make arrangements in burden estimate; (c) ways to enhance committees and panels, and advance. The matters to be considered the quality, utility, and clarity of the f. Diversity of and balance among at the meeting are: information collected; (d) ways to scientific expertise and viewpoints. Open Session minimize the burden of the collection of EPA will evaluate the absence of information on the respondents, financial conflicts of interest through A. Approval of Minutes including the use of automated the ‘‘Confidential Financial Disclosure • September 8, 2010. collection techniques or other forms of Form for Special Government information technology, and (e) ways to Employees Serving on Federal Advisory B. New Business further reduce the information Committees at the U.S. Environmental • Policy Statement on Cooperative collection burden on small business Protection Agency’’ (EPA Form 3110– Operating Philosophy—Serving the concerns with fewer than 25 employees. 48). This confidential form allows Members of the Farm Credit System The FCC may not conduct or sponsor Government officials to determine Institutions. a collection of information unless it whether there is a statutory conflict • Board Resolution on Cooperative displays a currently valid control between that person’s public Operating Philosophy. number. No person shall be subject to responsibilities (which includes • Joint and Several Liability any penalty for failing to comply with membership on an EPA Federal Reallocation Agreement—Notice of a collection of information subject to the advisory committee) and private Approval. Paperwork Reduction Act (PRA) that interests and activities, or the • Merger of Farm Credit of North does not display a currently valid OMB appearance of a lack of impartiality, as Florida, and Farm Credit of Southwest control number.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62536 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

DATES: Written Paperwork Reduction Form, and changing language in the (a) Whether the proposed collection of Act (PRA) comments should be instructions. The Commission is information is necessary for the proper submitted on or before December 13, reporting a 34,092-hour reduction performance of the functions of the 2010. If you anticipate that you will be adjustment in burden and a $2,805,369 Commission, including whether the submitting PRA comments, but find it reduction in annual costs. information shall have practical utility; difficult to do so within the period of FCC Form 603 is a multi-purpose (b) the accuracy of the Commission’s time allowed by this notice, you should form used to apply for approval of burden estimate; (c) ways to enhance advise the FCC contact listed below as assignment or transfer of control of the quality, utility, and clarity of the soon as possible. licenses in the wireless services. The information collected; (d) ways to ADDRESSES: Direct all PRA comments to data collected on this form is used by minimize the burden of the collection of Nicholas A. Fraser, Office of the FCC to determine whether the information on the respondents, Management and Budget, via fax at 202– public interest would be served by including the use of automated 395–5167 or via the Internet at approval of the requested assignment or collection techniques or other forms of [email protected] and transfer. This form is also used to notify information technology; and (e) ways to to the Federal Communications the Commission of consummated further reduce the information Commission via e-mail to [email protected]. assignments and transfers of wireless collection burden for small business and/or public safety licenses that have concerns with fewer than 25 employees. FOR FURTHER INFORMATION CONTACT: For previously been consented to by the The FCC may not conduct or sponsor additional information, contact Judith B. Commission or for which notification a collection of information unless it Herman, OMD, 202–418–0214 or e-mail but not prior consent is required. This displays a currently valid OMB control [email protected]. form is used by applicants/licensees in number. No person shall be subject to SUPPLEMENTARY INFORMATION: the Public Mobile Services, Personal any penalty for failing to comply with OMB Control Number: 3060–0800. Communications Services, General a collection of information subject to the Title: FCC Application for Assignment Wireless Communications Services, Paperwork Reduction Act (PRA) that of Authorization or Transfer of Control: Private Land Mobile Radio Services, does not display a valid OMB control Wireless Telecommunications Bureau Broadcast Auxiliary Services, Maritime number. and Public Safety and Homeland Service (excluding ships), and Aviation DATES: Written Paperwork Reduction Security Bureau. Services (excluding aircraft). The Form No.: FCC Form 603. Act (PRA) comments should be purpose of the form is to obtain submitted on or before December 13, Type of Review: Revision of a information sufficient to identify the currently approved collection. 2010. If you anticipate that you will be parties to the proposed assignment or submitting comments, but find it Respondents: Individuals or transfer, establish the parties’ basic households, business or other for-profit, difficult to do so within the period of eligibility and qualifications, classify time allowed by this notice, you should not-for-profit institutions, and State, the filing, and determine the nature of local or tribal government. advise the contact listed below as soon the proposed service. Various technical as possible. Number of Respondents and schedules are required along with the ADDRESSES: Direct all PRA comments to Responses: 2,447 respondents; 2,447 main form applicable to Auctioned Nicholas A. Fraser, Office of responses. Services, Partitioning and Management and Budget (OMB), via fax Estimated Time per Response: 1.75 Disaggregation, Undefined Geographical at 202–395–5167, or via the Internet at hours. Area Partitioning, Notification of [email protected] and Frequency of Response: On occasion Consummation or Request for Extension to Federal Communications reporting requirement and of Time for Consummation. recordkeeping requirement. Commission (FCC) via e-mail to: Federal Communications Commission. Obligation To Respond: Mandatory. [email protected]. Statutory authority for this information Marlene H. Dortch, To view a copy of this information collection is contained in 47 U.S.C. 4(i), Secretary. collection request (ICR) submitted to 154(i), 303(r), and 309(j). [FR Doc. 2010–25593 Filed 10–8–10; 8:45 am] OMB: (1) Go to the Web page http:// Total Annual Burden: 2,754 hours. BILLING CODE 6712–01–P www.reginfo.gov/public/do/PRAMain, Total Annual Cost: $305,925. (2) look for the section of the web page Privacy Act Impact Assessment: Yes. called ‘‘Currently Under Review’’, (3) Nature and Extent of Confidentiality: FEDERAL COMMUNICATIONS click the downward-pointing arrow in In general, there is no need for COMMISSION the ‘‘Select Agency’’ box below the confidentiality. On a case-by-case basis, ‘‘Currently Under Review’’ heading, (4) Notice of Public Information the Commission may be required to select ‘‘Federal Communications Collection(s) Being Reviewed by the Commission’’ from the list of agencies withhold from disclosure certain Federal Communications Commission information about the location, presented in the ‘‘Select Agency’’ box, for Extension Under Delegated (5) click the ‘‘Submit’’ button to the right character, or ownership of a historic Authority, Comments Requested property, including traditional religious of the ‘‘Select Agency’’ box, and (6) sites. October 1, 2010. when the list of FCC ICRs currently Needs and Uses: The Commission SUMMARY: The Federal Communications under review appears, look for the title will submit this revised collection to the Commission, as part of its continuing of this ICR (or its OMB Control Number, Office of Management and Budget effort to reduce paperwork burden if there is one) and then click on the ICR (OMB) after this comment period to invites the general public and other Reference Number to view detailed obtain the full three-year approval from Federal agencies to take this information about this ICR. them. The Commission is revising this opportunity to comment on the FOR FURTHER INFORMATION CONTACT: For information collection to make minor following information collection(s), as additional information, contact Judith B. changes to language in some of the data required by the Paperwork Reduction Herman, OMD, on 202–418–0214 or elements, adding a question inquiring if Act of 1995, 44 U.S.C. 3501–3520. e-mail [email protected]. filing is the lead application on a Main Comments are requested concerning: SUPPLEMENTARY INFORMATION:

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62537

OMB Control Number: 3060–0814. Estimated Time per Response: 1 hour. authority for this information collection Title: Section 54.301(a)–(f), Local Frequency of Response: On occasion is contained in 47 U.S.C. 151, 154, 201– Switching Support and Local Switching and one time reporting requirements 205, 215, and 218–220. Support Data Collection. and third party disclosure requirement. Total Annual Burden: 400 hours. Form No.: N/A. Obligation to Respond: Required to Total Annual Cost: N/A. Type of Review: Extension of a obtain or retain benefits. Statutory Privacy Act Impact Assessment: N/A. currently approved collection. authority for this information collection Respondents: Business or other for- is contained in 47 U.S.C. 154, 303 and Nature and Extent of Confidentiality: profit. 307(e). There is no need for confidentiality. Number of Respondents: 175 Total Annual Burden: 25 hours. Needs and Uses: The Commission respondents; 175 responses. Total Annual Cost: N/A. will submit this expiring information Estimated Time per Response: .50 Privacy Act Impact Assessment: N/A. collection to the Office of Management hours–24 hours. Nature and Extent of Confidentiality: and Budget (OMB) after this 60-day Frequency of Response: Annual and The Commission is not requesting comment period in order to obtain the on occasion reporting requirement and respondents to submit confidential full three year clearance from them. The third party disclosure requirement. information to the Commission. Commission is requesting an extension Obligation to Respond: Required to Needs and Uses: The Commission (no change in the reporting, obtain or retain benefits. Statutory will submit this expiring information recordkeeping and/or third party authority for this information collection collection to the Office of Management disclosure requirements) of this is contained in 47 U.S.C. 151–154, 201– and Budget (OMB) after this 60-day information collection. The Commission 205, 218–220, 214, 254, 303(r), 403 and comment period in order to obtain the is reporting a decrease of 2,000 hours in 410. full three year clearance from them. The total annual burden. This decrease Total Annual Burden: 3,778 hours. Total Annual Cost: N/A. Commission is requesting an extension adjustment is due to an Order, FCC 08– Privacy Act Impact Assessment: N/A. (no change in the reporting and/or third 12, which granted numerous carriers Nature and Extent of Confidentiality: party disclosure requirements) of this forbearance from compliance to the This collection does not request information collection. There is no relevant rules. The number of information of a confidential nature. change in the Commission’s burden respondents decreased from six to one. Needs and Uses: The Commission estimates. Section 64.901 requires carriers to will submit this expiring information Section 87.147 is needed to require separate their regulated costs from collection to the Office of Management applicants for aviation equipment nonregulated costs using the attributable and Budget (OMB) after this 60-day certification to submit a Federal cost method of cost allocation. Carriers comment period in order to obtain the Aviation Administration (FAA) must follow the principles described in full three year clearance from them. The determination of the equipment’s 47 CFR 64.901. Commission is requesting an extension compatibility with the National Section 64.903(a) requires Local (no change in the reporting and/or third Airspace System (NAS). This will Exchange Carriers (LECs) with annual party disclosure requirements) of this ensure that the radio equipment operating revenues equal to or above the information collection. There is an operating in certain frequencies is indexed revenue threshold as defined in adjustment increase in burden of 810 compatible with the NAS, which shares 47 CFR 32.9000 to file a cost allocation hours. This increase is due to an system components with the military. manual (CAM). Section 64.903(b) increase in respondents/responses. The notification must describe the requires that carriers update their cost Pursuant to section 54.301 of the equipment, give the manufacturer’s allocation manuals at least annually, Commission’s rules, each incumbent identification, antenna characteristics, except that changes to the cost local exchange carrier that is not a rated output power, emission type and apportionment table and the description member of the National Exchange characteristics, the frequency or of time reporting procedures must be Carrier Association (NECA), common frequencies of operation, and essential filed at the time of implementation. The line tariff, that has been designated an receiver characteristics if protection is FCC uses the manuals to ensure that all eligible telecommunications carrier required. costs are properly classified. The information collected is used by (ETC), and that services a study area Filing of cost allocation manuals and FCC engineers to determine the with 50,000 or fewer access lines shall, occasional updates are subject to the interference potential of the proposed for each study area, provide the uniform format and standard procedures operation. Administrator with the projected total specified in Responsible Accounting un-separated dollar amount assigned to OMB Control Number: 3060–0470. Title: Section 64.901, Allocation of Officer (RAO) Letter 19. RAO Letter 26 each account in section 54.301(b). provides guidance to carriers in revising Average schedule companies are Cost and Section 64.903, Cost Allocation Manuals; and RAO Letters 19 their CAMs to reflect changes to affiliate required to file information pursuant to transactions rules pursuant to the section 54.301(f). Both types of and 26. Form No.: N/A. Accounting Safeguard Order (FCC 96– respondents must provide true-up data. 490). The data are necessary to calculate Type of Review: Extension of a The CAM is reviewed by Commission certain revenue requirements. currently approved collection. OMB Control Number: 3060–1000. Respondents: Business or other for- staff to ensure that all costs are properly Title: Section 87.147, Authorization of profit. classified between regulated and non- Equipment. Number of Respondents: 1 regulated activity. Uniformity in the Form No.: N/A. respondent; 2 responses. CAMs helps improve the joint cost Type of Review: Extension of a Estimated Time per Response: 200 allocation process. In addition, the currently approved collection. hours. uniformity gives the Commission greater Respondents: Business or other for- Frequency of Response: Annual and reliability in financial data submitted by profit. on occasion reporting requirement. the carriers through the Automated Number of Respondents: 25 Obligation to Respond: Required to Reporting Management Information respondents; 25 responses. obtain or retain benefits. Statutory System (ARMIS).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62538 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Federal Communications Commission. Act (‘‘PRA’’). The FTC is seeking public information is necessary for the proper Marlene H. Dortch, comments on its proposal to extend performance of the functions of the Secretary. through February 28, 2014, the current agency, including whether the [FR Doc. 2010–25602 Filed 10–8–10; 8:45 am] OMB clearance for information information has practical utility; (2) the BILLING CODE 6712–01–P collection requirements contained in its accuracy of the agency’s estimate of the Used Motor Vehicle Trade Regulation burden of the required collection of Rule (‘‘Used Car Rule’’ or ‘‘Rule’’). That information, including the validity of FEDERAL ELECTION COMMISSION clearance expires on February 28, 2011. the methodology and assumptions used; DATES: Comments must be filed by (3) ways to enhance the quality, utility, Sunshine Act Notices December 13, 2010. and clarity of the information to be ADDRESSES: Interested parties are collected; and (4) ways to minimize the AGENCY: Federal Election Commission. invited to submit written comments burden of the collection of information DATE AND TIME: Thursday, October 7, electronically or in paper form by on those who are to respond, including 2010, at 10 a.m. following the instructions in the through the use of appropriate PLACE: 999 E Street, NW., Washington, Request for Comments part of the automated, electronic, mechanical, or DC (Ninth Floor). SUPPLEMENTARY INFORMATION section other technological collection techniques or other forms of information STATUS: this meeting will be open to the below. Comments in electronic form technology, e.g., permitting electronic public. should be submitted by using the following weblink: https:// submission of responses. ITEMS TO BE DISCUSSED: Comments should refer to ‘‘Used Car Draft Advisory Opinion 2010–19: ftcpublic.commentworks.com/ftc/ usedcarrulepra (and following the Rule: FTC File No. P067609’’ to facilitate Google by its counsel, Marc E. Elias, the organization of comments. Please Esq. and Jonathan S. Berkon, Esq. of instructions on the web-based form). Comments filed in paper form should be note that your comment—including Perkins Coie LLP. your name and your state—will be Draft Advisory Opinion 2010–21: mailed or delivered to the following address: Federal Trade Commission, placed on the public record of this ReCellular Inc. by its counsel, Michael proceeding, including on the publicly B. Trister, Esq. and Allen H. Mattison, Office of the Secretary, Room H–135 (Annex J), 600 Pennsylvania Avenue, accessible FTC Web site, at http:// Esq. of Lichtman, Trister & Ross, PLLC. www.ftc.gov/os/publiccomments.shtm. Draft Advisory Opinion 2010–25: RG NW., Washington, DC 20580, in the SUPPLEMENTARY Because comments will be made Entertainment Ltd. by its counsel, Lee E. manner detailed in the INFORMATION section below. public, they should not include any Goodman, Esq. of LeClairRyan. sensitive personal information, such as FOR FURTHER INFORMATION CONTACT: Draft Notice of Proposed Rulemaking any individual’s Social Security Requests for additional information on Independent Expenditures and Number; date of birth; driver’s license should be addressed to John C. Electioneering Communications by number or other state identification Hallerud, Attorney, Midwest Region, Corporations and Labor Organizations. number, or foreign country equivalent; Federal Trade Commission, 55 West Management and Administrative passport number; financial account Monroe, Suite 1825, Chicago, Illinois Matters. number; or credit or debit card number. 60603, (312) 960–5634. Individuals who plan to attend and Comments also should not include any SUPPLEMENTARY INFORMATION: require special assistance, such as sign The Used sensitive health information, such as language interpretation or other Car Rule facilitates informed purchasing medical records or other individually reasonable accommodations, should decisions by requiring used car dealers identifiable health information. In contact Lisa Chapman, Recording to disclose information about warranty addition, comments should not include Secretary, at (202) 694–1040, at least 72 coverage, if any, and the mechanical ‘‘[t]rade secret or any commercial or hours prior to the hearing date. condition of used cars that they offer for financial information which is obtained PERSON TO CONTACT FOR INFORMATION: sale. The Rule requires that used car from any person and which is privileged ‘‘ Judith Ingram, Press Officer, Telephone: dealers display a form called a Buyers or confidential’’ as provided in Section ’’ (202) 694–1220. Guide on each used car offered for sale 6(f) of the Federal Trade Commission that, among other things, discloses Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and Shawn Woodhead Werth, information about warranty coverage. FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Secretary and Clerk of the Commission. Request for Comments Comments containing matter for which [FR Doc. 2010–25365 Filed 10–8–10; 8:45 am] confidential treatment is requested must BILLING CODE 6715–01–M Under the Paperwork Reduction Act (‘‘PRA’’), 44 U.S.C. 3501–3521, Federal be filed in paper form, must be clearly agencies must obtain approval from labeled ‘‘Confidential,’’ and must 1 OMB for each collection of information comply with FTC Rule 4.9(c). FEDERAL TRADE COMMISSION they conduct or sponsor. ‘‘Collection of Because paper mail addressed to the FTC is subject to delay due to Agency Information Collection information’’ means agency requests or requirements that members of the public heightened security screening, please Activities; Proposed Collection; consider submitting your comments in Comment Request; Extension submit reports, keep records, or provide information to a third party. 44 U.S.C. electronic form. Comments filed in electronic form should be submitted AGENCY: Federal Trade Commission 3502(3); 5 CFR 1320.3(c). As required by (‘‘FTC’’ or ‘‘Commission’’). section 3506(c)(2)(A) of the PRA, the 1 The comment must be accompanied by an ACTION: Notice. FTC is providing this opportunity for explicit request for confidential treatment, public comment before requesting that including the factual and legal basis for the request, SUMMARY: The information collection OMB extend the existing paperwork and must identify the specific portions of the requirements described below will be clearance for the regulations noted comment to be withheld from the public record. The request will be granted or denied by the submitted to the Office of Management herein. Commission’s General Counsel, consistent with and Budget (‘‘OMB’’) for review, as The FTC invites comments on: (1) applicable law and the public interest. See FTC required by the Paperwork Reduction Whether the required collection of Rule 4.9(c), 16 CFR 4.9(c).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62539

using the following weblink https:// The Rule requires that used car under warranty. Therefore, staff ftcpublic.commentworks.com/ftc/ dealers display a one-page, double-sided estimates that the overall time required usedcarrulepra and following the Buyers Guide on each used car that they to enter data on Buyers Guides consists instructions on the web-based form). To offer for sale. The component tasks of 408,856 hours for used cars sold ensure that the Commission considers associated with the Rule’s required without a warranty (24,531,374 vehicles an electronic comment, you must file it display of Buyers Guides include: (1) × 50% × 2 minutes per vehicle) and on the web-based form at the weblink Ordering and stocking Buyers Guides; 613,284 hours for used cars sold under https://ftcpublic.commentworks.com/ (2) entering data on Buyers Guides; (3) warranty (24,531,374 vehicles × 50% × ftc/usedcarrulepra. If this Notice displaying the Buyers Guides on 3 minutes per vehicle) for a cumulative appears at http://www.regulations.gov/ vehicles; (4) revising Buyers Guides as estimated total of 1,022,140 hours. search/index.jsp, you may also file an necessary; and (5) complying with the 3. Displaying Buyers Guides on electronic comment through that Web Rule’s requirements for sales conducted Vehicles: Although the time required to site. The Commission will consider all in Spanish. display the Buyers Guides on each used comments that regulations.gov forwards 1. Ordering and Stocking Buyers to it. Guides: Dealers should need no more car may vary substantially, FTC staff The FTC Act and other laws that the than an average of two hours per year estimates that dealers will spend an Commission administers permit the to obtain Buyers Guides, which are average of 1.75 minutes per vehicle to collection of public comments to readily available from many commercial match the correct Buyers Guide to the consider and use in this proceeding as printers or can be produced by an office vehicle and to display it on the vehicle. appropriate. The Commission will word-processing or desk-top publishing The estimated burden associated with consider all timely and responsive system.5 Based on a population of this task is approximately 715,498 hours public comments that it receives, 53,735 dealers, the annual hours burden for the 24,531,374 vehicles sold in 2009 whether filed in paper or electronic for producing or obtaining and stocking (24,531,374 vehicles × 1.75 minutes per form. Comments received will be Buyers Guides is 107,470 hours. vehicle). available to the public on the FTC Web 2. Entering Data on Buyers Guides: 4. Revising Buyers Guides as The amount of time required to enter site, to the extent practicable, at http:// Necessary: If negotiations between the applicable data on Buyers Guides may www.ftc.gov/os/publiccomments.shtm. buyer and seller over warranty coverage vary substantially, depending on As a matter of discretion, the FTC makes produce a sale on terms other than those every effort to remove home contact whether a dealer has automated the process. For used cars sold ‘‘as is,’’ originally entered on the Buyers Guide, information for individuals from the the dealer must revise the Buyers Guide public comments it receives before copying vehicle-specific data from dealer inventories to Buyers Guides and to reflect the actual terms of sale. placing those comments on the FTC According to the original rulemaking Web site. More information, including checking the ‘‘No Warranty’’ box may take two to three minutes per vehicle if record, bargaining over warranty routine uses permitted by the Privacy coverage rarely occurs. Staff notes that Act, may be found in the FTC’s privacy done by hand, and only seconds for those dealers who have automated the consumers often do not need to policy, at http://www.ftc.gov/ftc/ negotiate over warranty coverage privacy.shtm. process or use pre-printed forms. Staff estimates that this task will require an because they can find vehicles that are Burden statement average of two minutes per Buyers offered with the desired warranty Estimated total annual hours burden: Guide. Similarly, for used cars sold coverage online or in other ways before 1,974,589 hours. under warranty, the time required to ever contacting a dealer. Accordingly, The Rule has no recordkeeping check the ‘‘Warranty’’ box and to add staff assumes that the Buyers Guide will requirements. The estimated burden warranty information, such as the be revised in no more than two percent relating solely to disclosure additional information required in the of sales, with an average time of two requirements is 1,974,589 hours. As Percentage of Labor/Parts and the minutes per revision. Therefore, staff explained in more detail below, this Systems Covered/Duration sections of estimates that dealers annually will estimate is based on the number of used the Buyers Guide, will depend on spend approximately 16,354 hours car dealers (53,735 2), the number of whether the dealer uses a manual or revising Buyers Guides (24,531,374 × × used cars sold by dealers annually automated process or Buyers Guides vehicles 2% 2 minutes per vehicle). (approximately 24,531,374 3), and the that are pre-printed with the dealer’s 5. Spanish Language Sales: The Rule time needed to fulfill the information standard warranty terms. Staff estimates requires that contract disclosures be collection tasks required by the Rule.4 that these tasks will take an average of made in Spanish if a sale is conducted one additional minute; i.e., in Spanish.6 The Rule permits 2 CNW Marketing Research, Inc. As of July 2010, cumulatively, an average total time of displaying both an English and a three minutes for each used car sold CNW lists 15,631 new vehicle franchised outlets Spanish language Buyers Guide to with used car operations and 38,104 independent under warranty. 7 used car outlets, for a total of 53,735 used car Staff estimates that approximately comply with this requirement. Many dealers. fifty percent of used cars sold by dealers dealers with large numbers of Spanish- 3 Id. This figure reflects total used car sales by are sold ‘‘as is,’’ with the other half sold speaking customers likely will post both franchised and independent dealers in 2009, the English and Spanish Buyers Guides to most recent complete annual figures available. 4 Some dealers opt to contract with outside PRA clearance renewal-related Federal Register avoid potential compliance violations. contractors to perform the various tasks associated notices (72 FR 46487 (Aug. 20, 2007); 72 FR 71911– Calculations from United States with complying with the Rule. Staff assumes that 71912 (Dec. 19, 2007)) without receiving public Census Bureau surveys indicate that outside contractors would require about the same comment. Absent prospective specific industry amount of time and incur similar cost as dealers to estimates to the contrary, staff will continue to approximately 6.5 percent of the United perform these tasks. Accordingly, the hour and cost apply these estimates, which staff believes are States population speaks Spanish at burden totals shown, while referring to ‘‘dealers,’’ reasonable. home, without also speaking fluent incorporate the time and cost borne by outside 5 Buyers Guides are also available online from the companies in performing the tasks associated with FTC’s Web site, www.ftc.gov, as links to A Dealer’s the Rule. In addition, the time estimates that follow Guide to the Used Car Rule at http://www.ftc.gov/ 6 16 CFR 455.5. repeat those that the FTC published in the 2007 bcp/edu/pubs/business/autos/bus13.shtm. 7 Id.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62540 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

English.8 Staff therefore projects that dealers will purchase preprinted forms SES Performance Review Board of the approximately 6.5 percent of used car instead of producing them internally, Office of Government Ethics: sales will be conducted in Spanish. although dealers may produce them at Don W. Fox [Chair], General Counsel, Dealers will incur the additional burden minimal expense using current office Office of Government Ethics; of completing and displaying a second automation technology. Capital and Daniel L. Koffsky, Special Counsel, Buyers Guide in 6.5 percent of sales start-up costs associated with the Rule Office of Legal Counsel, Department assuming that dealers choose to comply are minimal. of Justice; with the Rule by posting both English David Maggi, Chief, Ethics Law and and Spanish Buyers Guides. The annual Christian S. White, Acting General Counsel. Program Division, Office of the burden hours associated with Assistant General Counsel for completing and posting Buyers Guides [FR Doc. 2010–25476 Filed 10–8–10; 8:45 am] Administration, Department of is 1,737,638 hours (1,022,140 hours for BILLING CODE 6750–01–P Commerce; and entering data on Buyers Guides plus Robert A. Shapiro, Associate Solicitor 715,498 hours for displaying Buyers for Legal Counsel, Department of Guides). Therefore, staff estimates that OFFICE OF GOVERNMENT ETHICS Labor. the additional burden caused by the [FR Doc. 2010–25580 Filed 10–8–10; 8:45 am] Rule’s requirement that dealers display Updated OGE Senior Executive Service BILLING CODE 6345–03–P Spanish language Buyers Guides when Performance Review Board conducting sales in Spanish is 112,947 hours (1,737,638 hours × 6.5%). The AGENCY: Office of Government Ethics other components of the annual hours (OGE). DEPARTMENT OF DEFENSE burden, i.e., purchasing Buyers Guides ACTION: Notice. and revising them for changes in GENERAL SERVICES warranty coverage, remain unchanged. SUMMARY: Notice is hereby given of the ADMINISTRATION Estimated annual cost burden: appointment of members of the updated $26,301,525 in labor costs and OGE Senior Executive Service (SES) NATIONAL AERONAUTICS AND $4,906,275 in non-labor costs Performance Review Board. SPACE ADMINISTRATION 1. Labor costs: Labor costs are derived DATES: Effective Date: October 12, 2010. [OMB Control No. 9000–0135; Docket 2010– by applying appropriate hourly cost FOR FURTHER INFORMATION CONTACT: Don 0083; Sequence 23] figures to the burden hours described W. Fox, General Counsel, Office of above. Staff has determined that all of Government Ethics, Suite 500, 1201 Federal Acquisition Regulation; the tasks associated with ordering New York Avenue, NW., Washington, Submission for OMB Review; forms, entering data on Buyers Guides, DC 20005–3917; Telephone: 202–482– Prospective Subcontractor Requests posting Buyers Guides on vehicles, and 9300; TTY: 800–877–8339; FAX: 202– for Bonds revising them as needed, including the 482–9237. corresponding tasks associated with AGENCY: Department of Defense (DOD), Spanish Buyers Guides, are typically SUPPLEMENTARY INFORMATION: 5 U.S.C. General Services Administration (GSA), done by clerical or low-level 4314(c) requires each agency to and National Aeronautics and Space administrative personnel. Using a establish, in accordance with Administration (NASA). clerical cost rate of $13.32 per hour 9 regulations prescribed by the Office of ACTION: Notice of request for public and an estimated burden of 1,974,589 Personnel Management at 5 CFR part comments regarding an extension to an hours for disclosure requirements, the 430, subpart C and § 430.310 thereof in existing OMB clearance. total labor cost burden would be particular, one or more Senior Executive approximately $26,301,525. Service performance review boards. As SUMMARY: Under the provisions of the 2. Capital or other non-labor costs: a small executive branch agency, OGE Paperwork Reduction Act of 1995 (44 Although the cost of Buyers Guides can has just one board. In order to ensure an U.S.C. Chapter 35), the Regulatory vary considerably, based on industry adequate level of staffing and to avoid Secretariat will be submitting to the input staff estimates that the average a constant series of recusals, the Office of Management and Budget cost of each Buyers Guide is twenty designated members of OGE’s SES (OMB) a request to review and approve cents. The estimated cost of Buyers Performance Review Board are being an extension of a previously approved Guides for the 24,531,374 used cars sold drawn, as in the past, in large measure information collection concerning by dealers in 2009 is approximately from the ranks of other agencies. The subcontractor requests for bonds. A $4,906,275. In making this estimate, board shall review and evaluate the notice published in the Federal Register staff conservatively assumes that all initial appraisal of each OGE senior at 75 FR 28808 on May 24, 2010 and one executive’s performance by his or her comment was received. 8 U.S. Census Bureau, Table S1601. Language supervisor, along with any Public comments are particularly Spoken at Home. 2008 American Community recommendations in each instance to invited on: Whether this collection of Survey 1-Year Estimates, available at: http:// the appointing authority relative to the information is necessary for the proper factfinder.census.gov/servlet/STTable?_bm=y&- qr_name=ACS_2008_1YR_G00_S1601&- performance of the senior executive. performance of functions of the FAR, geo_id=01000US&- This notice updates the membership of and whether it will have practical ds_name=ACS_2008_1YR_G00_&-_lang=en&- OGE’s SES Performance Review Board utility; whether our estimate of the redoLog=false&-CONTEXT=st. The table indicates as it was most recently published at 73 public burden of this collection of that 12.2% of the United States population 5 years or older speaks Spanish or Spanish Creole in the FR 53250–53251 (September 15, 2008). information is accurate, and based on home and 46.7% of these in-home Spanish speakers Approved: October 5, 2010. valid assumptions and methodology; speak English less than ‘‘very well.’’ Robert I. Cusick, ways to enhance the quality, utility, and 9 The hourly rate is based on Bureau of Labor clarity of the information to be Statistics estimate of the mean hourly wage for Director, Office of Government Ethics. office clerks, general, No. 43–9061. Occupational collected; and ways in which we can Employment and Wages, May 2009, available at The following officials have been minimize the burden of the collection of http://www.bls.gov/oes/current/oes439061.htm#nat. appointed as regular members of the information on those who are to

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62541

respond, through the use of appropriate of Public Law 102–190, as amended, B. Annual Reporting Burden technological collection techniques or which specifies that, upon the request of Respondents: 12,698. other forms of information technology. a prospective subcontractor or supplier Responses per Respondent: 5. DATES: Submit comments on or before offering to furnish labor or material for Total Responses: 63,490. November 12, 2010. the performance of a construction Hours per Response: .25. ADDRESSES: Submit comments contract for which a payment bond has Total Burden Hours: 15,872.50. been furnished to the United States identified by Information Collection Obtaining Copies of Proposals: pursuant to the Miller Act, the 9000–0135 by any of the following Requesters may obtain a copy of the contractor shall promptly provide a methods: information collection documents from copy of such payment bond to the • Regulations.gov: http:// the General Services Administration, requestor. www.regulations.gov. Regulatory Secretariat (MVCB), 1800 F Submit comments via the Federal In conjunction with performance bonds, payment bonds are used in Street, NW., Room 4041, Washington, eRulemaking portal by inputting DC 20405, telephone (202) 501–4755. ‘‘Information Collection 9000–0135’’ Government construction contracts to secure fulfillment of the contractor’s Please cite OMB Control Number 9000– under the heading ‘‘Enter Keyword or 0135, Prospective Subcontractor ID’’ and selecting ‘‘Search.’’ Select the obligations under the contract and to assure that the contractor makes all Requests for Bonds, in all link ‘‘Submit a Comment’’ that correspondence. corresponds with ‘‘Information payments, as required by law, to Collection 9000–0135.’’ Follow the persons furnishing labor or material in Dated: October 6, 2010. instructions provided at the ‘‘Submit a performance of the contract. This Edward C. Loeb, Comment’’ screen. Please include your regulation provides prospective Director, Acquisition Policy Division. name, company name (if any), and subcontractors and suppliers a copy of [FR Doc. 2010–25649 Filed 10–8–10; 8:45 am] the payment bond furnished by the ‘‘Information Collection 9000–0135’’ on BILLING CODE 6820–EP–P your attached document. contractor to the Government for the • Fax: 202–501–4067. performance of a Federal construction contract subject to the Miller Act. It is • Mail: General Services DEPARTMENT OF HEALTH AND expected that prospective Administration, Regulatory Secretariat HUMAN SERVICES (MVCB), 1800 F Street, NW., Room subcontractors and suppliers will use 4041, Washington, DC 20405. Attn: this information to determine whether [Document Identifier: OS–0990–New; 30- Hada Flowers/IC 9000–0135. to contract with that particular prime Day Notice] Instructions: Please submit comments contractor. This information has been Agency Information Collection only and cite Information Collection and will continue to be available from Request. 30-Day Public Comment 9000–0135, in all correspondence the Government. The requirement for Request related to this collection. All comments contractors to provide a copy of the payment bond upon request to any received will be posted without change AGENCY: Office of the Secretary, HHS. to http://www.regulations.gov, including prospective subcontractor or supplier under the Federal construction contract In compliance with the requirement any personal and/or business of section 3506(c)(2)(A) of the confidential information provided. is contained in Section 806(a)(3) of Public Law 102–190, as amended by Paperwork Reduction Act of 1995, the FOR FURTHER INFORMATION CONTACT: Sections 2091 and 8105 of Public Law Office of the Secretary (OS), Department Ms. Cecelia L. Davis, Procurement 103–355. of Health and Human Services, is Analyst, Acquisition Policy Division, One comment was received. The publishing the following summary of a GSA (202) 219–0202 or e-mail commenter expressed support for proposed collection for public [email protected]. extending this information collection. comment. Interested persons are invited SUPPLEMENTARY INFORMATION: The commenter had some concern to send comments regarding this burden because subcontractors are not receiving estimate or any other aspect of this A. Purpose payment bonds from the prime collection of information, including any Part 28 of the FAR contains guidance contractor upon request. The Miller Act of the following subjects: (1) The related to obtaining financial protection allows subcontractors to request a copy necessity and utility of the proposed against damages under Government of the payment bond from the prime information collection for the proper contracts (e.g., use of bonds, bid contractor. In addition, FAR 28.106–6(d) performance of the agency’s functions; guarantees, insurance etc.). Part 52 requires the contracting officer to (2) the accuracy of the estimated contains the texts of solicitation provide a copy of the payment bond to burden; (3) ways to enhance the quality, provisions and contract clauses. These subcontractors upon request. The utility, and clarity of the information to regulations implement a statutory commenter recommended that the be collected; and (4) the use of requirement for information to be Government consider creating an online automated collection techniques or provided by Federal contractors relating system for prospective subcontractors other forms of information technology to to payment bonds furnished under and suppliers to view and print copies minimize the information collection construction contracts which are subject of the payment bond. At this time, the burden. to the Miller Act (40 U.S.C. 270a–270d). online system is deemed unnecessary To obtain copies of the supporting This collection requirement is mandated because there are other alternatives statement and any related forms for the by Section 806 of the National Defense currently in place to receive this proposed paperwork collections Authorization Act for Fiscal Years 1992 information. As stated earlier, the FAR referenced above, e-mail your request, and 1993 (Pub. L. 102–190), as amended currently requires the contracting officer including your address, phone number, by Section 2091 of the Federal to provide to the subcontractor a copy OMB number, and OS document Acquisition Streamlining Act of 1994 of the payment bond upon request as identifier, to (Pub. L. 103–335). The clause at 52.228– stated in FAR 28.106(d). The [email protected], or call 12, Prospective Subcontractor Requests Government is unaware of problems the Reports Clearance Office on (202) for Bonds, implements Section 806(a)(3) resulting from this option. 690–5683. Send written comments and

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62542 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

recommendations for the proposed Communities Access Program (HCAP) to review of the literature on community information collections within 30 days learn about their sustainability and coalitions including coalition of this notice directly to the OS OMB impact post-federal funding. ASPE will organization, functions, impact, and Desk Officer; faxed to OMB at 202–395– use the CAP/HCAP experience to sustainability. Results from the survey 5806. examine the long-term sustainability of will also inform the selection of sites for Proposed Project: An Assessment of coalitions that successfully completed key informant interviews and site visits. the Sustainability and Impact of for grant funding from the Department Specifically, telephone interviews will Community Coalitions Once Federal of Health and Human Services (DHHS). occur with a subset of 20 CAP/HCAP Funding Has Expired—OMB No. 0990– As part of the study, a one-time, self- coalitions that have been sustained as NEW—Assistant Secretary Planning administered survey will be well as 20 CAP/HCAP coalitions that Evaluation (ASPE). administered to the 260 coalitions have not been sustained. The key Abstract: The Office of the Assistant funded through CAP/HCAP, providing a Secretary for Planning and Evaluation unique set of data to assess coalition informant interviews will utilize a (ASPE) is requesting Office of sustainability and the factors that enable structured instrument tailored to the Management and Budget (OMB) and hinder sustainability. The survey coalitions’ experiences. Site visits will approval on a new collection to conduct will focus on CAP/HCAP coalitions’ be conducted with seven coalitions that a survey of community coalitions structure, funding, activities, impact, were sustained post-funding. Data formerly funded by the Community and outcomes post-funding. The survey collection activities will be completed Access Program (CAP)/Healthy design and content is informed by a within 18 months of OMB Clearance.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Type of respondent Number of responses per burden hours Total burden respondents respondent per response hours

Social and Community Service Managers/survey ...... 260 1 35/60 152 Social and Community Service Managers/key informant interviews ...... 40 1 45/60 30

Total ...... 182

Seleda Perryman, minimize the information collection • Category B: Tobacco prevention and Office of the Secretary, Paperwork Reduction burden. control Act Reports Clearance Officer. To obtain copies of the supporting The National Organizations who [FR Doc. 2010–25585 Filed 10–8–10; 8:45 am] statement and any related forms for the receive funding will be supporting BILLING CODE 4150–05–P proposed paperwork collections Communities Putting Prevention to referenced above, e-mail your request, Work (CPPW)-funded communities by including your address, phone number, providing expertise and technical DEPARTMENT OF HEALTH AND OMB number, and OS document assistance to help implement select HUMAN SERVICES identifier, to MAPPS (Media, Access, Point of [Document Identifier: OS–0990–New; 30-day [email protected], or call Purchase/Promotion, Pricing, and Social notice] the Reports Clearance Office on (202) Support and Services) strategies through 690–5683. Send written comments and national organizations’ systems and Agency Information Collection recommendations for the proposed networks. The National Organizations Request. 30-Day Public Comment information collections within 30 days will work to sustain community Request of this notice directly to the OS OMB prevention efforts beyond Recovery Act AGENCY: Office of the Secretary, HHS. Desk Officer; faxed to OMB at 202–395– CPPW funding and support the National In compliance with the requirement 5806. Prevention Media Initiative through co- of section 3506(c)(2)(A) of the Proposed Project: Prevention and branding and augmenting HHS- Paperwork Reduction Act of 1995, the Wellness-Leveraging National developed media campaigns in Office of the Secretary (OS), Department Organizations—OMB No. 0990–New- communities. of Health and Human Services, is Office of Public Health and Science The outcome measures that will be publishing the following summary of a (OPHS). collected from funded National proposed collection for public Abstract: The Office of Public Health Organizations include approval/ comment. Interested persons are invited and Science is requesting an approval enactment of MAPPS-related policy, to send comments regarding this burden by OMB on a new collection. The systems, and environmental change in estimate or any other aspect of this American Recovery and Reinvestment physical activity, nutrition, and tobacco collection of information, including any Act (ARRA) Prevention and Wellness- in funded communities. Since a critical of the following subjects: (1) The Leveraging National Organizations is a component of the National necessity and utility of the proposed cooperative agreement program Organizations is to support and assist information collection for the proper authorized under 42 U.S.C. 300k-1, 300, CPPW-funded communities with their performance of the agency’s functions; section 1701 of the Public Health expert resources, the National (2) the accuracy of the estimated Service Act, as amended. The funding Organizations and the CPPW-funded burden; (3) ways to enhance the quality, opportunity focuses on two categories of communities will share ownership of utility, and clarity of the information to activities: the same outcome measures. Because be collected; and (4) the use of • Category A: Obesity prevention the National Organizations and their automated collection techniques or through improved nutrition and local affiliates have a distinct other forms of information technology to increased physical activity supporting role in these community-

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62543

wide efforts, the output measures track from involvement of the National the community-wide efforts which the kinds of added value to be derived Organizations and its local affiliates in should help drive the outcome measure.

ESTIMATED ANNUALIZED BURDEN TABLE

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

National Organizations Measures In- Cooperative Agreement Recipi- 10 4 2 80 strument. ents—National Organizations.

Seleda Perryman, (2) the accuracy of the estimated and is supportive of HHS Strategic Goal Office of the Secretary, Paperwork Reduction burden; (3) ways to enhance the quality, 1: Health Care, objective 1.3: Improve Act Reports Clearance Officer. utility, and clarity of the information to health care quality, safety, cost, and [FR Doc. 2010–25586 Filed 10–8–10; 8:45 am] be collected; and (4) the use of value. Each Regional Center is required BILLING CODE 4150–28–P automated collection techniques or to plan and implement the outreach, other forms of information technology to education and technical assistance minimize the information collection necessary to meet the objective of DEPARTMENT OF HEALTH AND burden. assisting providers in its geographic HUMAN SERVICES To obtain copies of the supporting service area to achieve meaningful use statement and any related forms for the of electronic health records (EHR). Each [Document Identifier: OS–0990–New; 30-day proposed paperwork collections Center is required to report data on a notice] referenced above, e-mail your request, monthly basis, throughout the 24-month Agency Information Collection including your address, phone number, duration of the first project period, Request. 30-Day Public Comment OMB number, and OS document including the number of providers Request identifier, to registered via signed agreements with [email protected], or call the REC, the number of providers who AGENCY: Office of the Secretary, HHS. the Reports Clearance Office on (202) have purchased and are using an ONC- In compliance with the requirement 690–5683. Send written comments and certified HER, with e-prescribing and of section 3506(c)(2)(A) of the recommendations for the proposed quality reporting functionalities, and the Paperwork Reduction Act of 1995, the information collections within 30 days number of providers who have become Office of the Secretary (OS), Department of this notice directly to the OS OMB meaningful users of EHR, in a of Health and Human Services, is Desk Officer; faxed to OMB at 202–395– certification process determined by the publishing the following summary of a 5806. Center for Medicaid and Medicare proposed collection for public Proposed Project: Regional Extension Services (CMS). The tool provides a data comment. Interested persons are invited Center (REC) Cooperative Agreement hub and central location for program to send comments regarding this burden Program OMB No. 0990–NEW–Office of participants to collect this data. estimate or any other aspect of this the National Coordinator for Health Additionally it allows for the synergy of collection of information, including any Information Technology grantee business processes and of the following subjects: (1) The Abstract: The REC Cooperative technology to increase transparency, necessity and utility of the proposed Agreement program has been targeted as portability, and accuracy of ONC- information collection for the proper the Department of Health and Human monthly and ARRA-quarterly reporting performance of the agency’s functions; Services’ (HHS) high priority programs requirements.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Forms Type of respondent Number of responses per burden hours Total burden respondents respondent per response hours

CRM Tool ...... Regional Extension Center ...... 60 12 1.5 1080 CRM Tool ...... Community College Consortia ...... 84 20 1.5 2,520

Total ...... 3600

Seleda Perryman, DEPARTMENT OF HEALTH AND for opportunity for public comment on Office of the Secretary, Paperwork Reduction HUMAN SERVICES proposed data collection projects, the Act Clearance Officer. National Center for Research Resources [FR Doc. 2010–25587 Filed 10–8–10; 8:45 am] Proposed Collection; Comment (NCRR), the National Institutes of BILLING CODE 4150–45–P Request; National Evaluation of the Health (NIH) will publish periodic Clinical and Translational Science summaries of proposed projects to be Awards (CTSA) Initiative submitted to the Office of Management and Budget (OMB) for review and SUMMARY: In compliance with the approval. requirement of Section 3506(c)(2)(A) of Proposed Collection: Title: The the Paperwork Reduction Act of 1995, National Evaluation of the Clinical and

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62544 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Translational Science Awards (CTSA) congressional expectations for external provide information for NIH’s Initiative. Type of Information program evaluation. NIH will use the Government Performance and Results Collection Request: New. Need and Use results to understand the extent to Act (GPRA) report. Frequency of of Information Collection: The CTSA which the CTSA Initiative is bringing Response: Biennial. Affected Public: Initiative is directed at transforming the about transformational changes in Individuals. Type of Respondents: way biomedical research is conducted clinical and translational science among Scientific researchers. The annual nationwide by reducing the time it takes academic medical centers and their reporting burden is as follows: for basic science or laboratory research partners, increasing the Estimated Number of Respondents: discoveries to become treatments for efficiency of the research process, and 3,563; Estimated Number of Responses patients, and for those treatments in enhancing the capacity of the field to per Respondent: 1; Average Burden turn to be incorporated and conduct clinical and translational Hours Per Response: 0.13; Estimated disseminated throughout community research. All information collected will practice. The primary purpose of this be used to provide analytical and policy Total Annual Burden Hours Requested: data collection is to provide information support to NCRR, assisting NIH in 451.5. The annualized cost to about the process and early outcomes making decisions about current CTSA respondents is estimated at $14,056. associated with 46 awardees programming, future funding, and other There are no capital or start-up costs, participating in the first four cohorts of initiatives to improve clinical and and no maintenance or service cost CTSA awards, in order to fulfill the translational science. It may also components to report.

Estimated Estimated number of Estimated total Respondent type number of hours per Frequency of annual burden respondents respondent response hours type requested

Users survey ...... 500 .25 .5 62 .5 Nonusers survey ...... 500 .08 .5 20 Trainees/scholars survey ...... 1,213 .33 .5 200 Mentors survey ...... 1,350 .25 .5 169

Total ...... 451.5

Request for Comments: Written received within 60 days of the date of Information Collection: ARIC will comments and/or suggestions from the this publication. conduct a clinical examination of the public and affected agencies should Dated: October 4, 2010. cohort over a 24-month period (May address one or more of the following 2011 to April 2013). In addition, this Patricia Newman, points: (1) Evaluate whether the project involves biennual follow-up by proposed collection of information is Program Analyst, Office of Science Policy, telephone of participants in the ARIC NCRR, National Institutes of Health. necessary for the proper performance of study, review of their medical records, the function of the agency, including [FR Doc. 2010–25589 Filed 10–8–10; 8:45 am] and interviews with doctors and family whether the information will have BILLING CODE 4140–01–P to identify disease occurrence. practical utility; (2) Evaluate the Interviewers will contact doctors and accuracy of the agency’s estimate of the hospitals to ascertain participants’ DEPARTMENT OF HEALTH AND burden of the proposed collection of cardiovascular events. Information HUMAN SERVICES information, including the validity of gathered will be used to further describe the methodology and assumptions used; National Institutes of Health the risk factors, occurrence rates, and (3) Enhance the quality, utility, and consequences of cardiovascular disease clarity of the information to be Proposed Collection; Comment in middle aged and older men and collected; and (4) Minimize the burden Request; the Atherosclerosis Risk in women. Frequency of Response: The of the collection of information on those Communities Study (ARIC) participants will be contacted bi- who are to respond, including the use annually for follow-up. A subset of the of appropriate automated, electronic, SUMMARY: In compliance with the cohort may choose to volunteer for the mechanical, or other technological requirement of Section 3506(c)(2)(A) of clinical examination; these individually collection techniques or other forms of the Paperwork Reduction Act of 1995, will be contacted once in a 3 year information technology. for opportunity for public comment on period. Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: To proposed data collection projects, the households; Businesses or other for request more information on the National Heart, Lung, and Blood profit; Small businesses or proposed project or to obtain a copy of Institute (NHLBI), the National organizations. Type of Respondents: the data collection plans and Institutes of Health (NIH) will publish Individuals or households; doctors and instruments, contact Patricia Newman, periodic summaries of proposed staff of hospitals and nursing homes. Program Analyst, Office of Science projects to be submitted to the Office of The annual reporting burden is as Policy, National Center for Research Management and Budget (OMB) for follows: Estimated Number of Resources, 6701 Democracy Boulevard, review and approval. Respondents: 12,673; Estimated Number MSC 4874, Bethesda, Maryland 20892– Proposed Collection: Title: The of Responses per Respondent: 2.7; 4874, or e-mail your request, including Atherosclerosis Risk in Communities Average Burden Hours Per Response: your address to [email protected]. Study (ARIC). Type of Information 0.5916; and Estimated Total Annual Comments Due Date: Comments Collection Request: Revision of a Burden Hours Requested: 20,434. The regarding this information collection are currently approved collection (OMB annualized cost to respondents is best assured of having their full effect if NO. 0925–0281). Need and Use of estimated at $355,882, assuming

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62545

respondents time at the rate of $17.00 Costs to report. There are no Operating per hour and physician time at the rate or Maintenance Costs to report. of $75.00 per hour. There are no Capital

TABLE A.12.1 ESTIMATES OF HOUR BURDEN

Estimated Estimated Estimated number of Average total annual Type of respondents number of responses per burden hours burden hours respondents respondent per response requested

Participants ...... 10,933 3 0.6165 20220.6. Physician (or coroner) (for CHD) ...... 420 1 0.1667 70. Physician (for heart failure) ...... 920 1 0.0833 76.6. Participants’ next of kin ...... 400 1 0.1667 66.7.

Totals ...... 12,673 ...... 20433.9 or 20434. Note: Reported and calculated numbers differ slightly due to rounding.

Request for Comments: Written DEPARTMENT OF HEALTH AND proposes to amend the food additive comments and/or suggestions from the HUMAN SERVICES regulations in part 573 Food Additives public and affected agencies are invited Permitted in Feed and Drinking Water of on one or more of the following points: Food and Drug Administration Animals (21 CFR part 573) to provide (1) Whether the proposed collection of [Docket No. FDA–2010–F–0510] for the safe use of virginiamycin as an information is necessary for the proper antimicrobial processing aid in fuel- performance of the function of the Ferm Solutions, Inc.; Filing of Food ethanol fermentations with respect to its agency, including whether the Additive Petition (Animal Use); consequent presence in by-product information will have practical utility; Virginiamycin distiller grains used as an animal feed (2) The accuracy of the agency’s or feed ingredient. estimate of the burden of the proposed AGENCY: Food and Drug Administration, The potential environmental impact collection of information, including the HHS. of this action is being reviewed. To validity of the methodology and ACTION: Notice. encourage public participation consistent with regulations issued under assumptions used; (3) Ways to enhance SUMMARY: The Food and Drug the quality, utility, and clarity of the Administration (FDA) is announcing the National Environmental Policy Act information to be collected; and (4) that Ferm Solutions, Inc. has filed a (40 CFR 1501.4(b)), the agency is Ways to minimize the burden of the petition proposing that the food additive placing the environmental assessment collection of information on those who regulations be amended to provide for submitted with the petition that is the are to respond, including the use of the safe use of virginiamycin as an subject of this notice on public display appropriate automated, electronic, antimicrobial processing aid in fuel- at the Division of Dockets Management mechanical, or other technological ethanol fermentations with respect to its (see DATES and ADDRESSES) for public collection techniques or other forms of consequent presence in by-product review and comment. Interested persons may submit to the information technology. distiller grains used as an animal feed Division of Dockets Management (see For Further Information: To request or feed ingredient. ADDRESSES) either electronic or written more information on the proposed DATES: Submit either electronic or comments regarding this document. It is project or to obtain a copy of the data written comments on the petitioner’s only necessary to send one set of collection plans and instruments, environmental assessment by November comments. It is no longer necessary to contact Dr. Hanyu Ni, Project Officer, 12, 2010. send two copies of mailed comments. NIH, NHLBI, 6701 Rockledge Drive, ADDRESSES: Submit electronic Identify comments with the docket MSC 7934, Bethesda, MD 20892–7934, comments to: http:// number found in brackets in the or call non-toll-free number (301) 435– www.regulations.gov. Submit written heading of this document. Received 0448 or E-mail your request, including comments to the Division of Dockets comments may be seen in the Division your address to: Management (HFA–305), Food and Drug of Dockets Management between 9 a.m. [email protected]. Administration, 5630 Fishers Lane, Rm. and 4 p.m., Monday through Friday. Comments Due Date: Comments 1061, Rockville, MD 20852. FDA will also place on public display regarding this information collection are FOR FURTHER INFORMATION CONTACT: any amendments to, or comments on, best assured of having their full effect if Isabel W. Pocurull, Center for Veterinary the petitioner’s environmental received within 60-days of the date of Medicine, Food and Drug assessment without further this publication. Administration, 7519 Standish Pl., announcement in the Federal Register. Dated: October 6, 2010. Rockville, MD 20855, 240–453–6853, e- If, based on its review, the agency finds mail: [email protected]. Suzanne Freeman, that an environmental impact statement SUPPLEMENTARY INFORMATION: Under the is not required and this petition results NHLBI Project Clearance Liaison, National Institutes of Health. Federal Food, Drug, and Cosmetic Act in a regulation, the notice of availability (section 409(b)(5) (21 U.S.C. 348(b)(5)), of the agency’s finding of no significant Michael Lauer, notice is given that a food additive impact and the evidence supporting that Director, DCVS, National Institutes of Health. petition (FAP 2264) has been filed by finding will be published with the [FR Doc. 2010–25641 Filed 10–8–10; 8:45 am] Ferm Solutions, Inc., PO Box 203, regulation in the Federal Register in BILLING CODE 4140–01–P Danville, KY 40422. The petition accordance with 21 CFR 25.51(b).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62546 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Dated: October 4, 2010. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Bernadette Dunham, HUMAN SERVICES HUMAN SERVICES Director, Center for Veterinary Medicine. National Institutes of Health National Institutes of Health [FR Doc. 2010–25522 Filed 10–8–10; 8:45 am] BILLING CODE 4160–01–P National Institute of Allergy and National Institute of Dental & Infectious Diseases; Notice of Closed Craniofacial Research; Notice of Meetings Closed Meeting DEPARTMENT OF HEALTH AND HUMAN SERVICES Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as National Institutes of Health amended (5 U.S.C. App.), notice is amended (5 U.S.C. App.), notice is hereby given of the following meeting. hereby given of the following meetings. National Institute on Deafness and The meeting will be closed to the Other Communication Disorders; The meetings will be closed to the public in accordance with the Notice of Closed Meeting public in accordance with the provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Federal Advisory Committee Act, as as amended. The grant applications and the discussions could disclose amended (5 U.S.C. App.), notice is the discussions could disclose confidential trade secrets or commercial hereby given of the following meeting. confidential trade secrets or commercial property such as patentable material, property such as patentable material, and personal information concerning The meeting will be closed to the and personal information concerning individuals associated with the grant public in accordance with the individuals associated with the grant applications, the disclosure of which provisions set forth in sections applications, the disclosure of which would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted invasion of personal privacy. as amended. The grant applications and invasion of personal privacy. Name of Committee: NIDCR Special Grants the discussions could disclose Name of Committee: Microbiology, Review Committee, NIDCR Special Grants confidential trade secrets or commercial Infectious Diseases and AIDS Initial Review Review Committee: Review of F, K, and R03, property such as patentable material, Group, Acquired Immunodeficiency Applications. Date: October 21–22, 2010. and personal information concerning Syndrome Research Review Committee. Time: 8 a.m. to 5 p.m. individuals associated with the grant Date: November 8, 2010. applications, the disclosure of which Agenda: To review and evaluate grant Time: 10 a.m. to 5 p.m. To review and applications. would constitute a clearly unwarranted evaluate grant applications. Place: Palace Hotel, 2 New Montgomery, invasion of personal privacy. Agenda: National Institutes of Health. San Francisco, CA 94105. Place: 6700B Rockledge Drive, Bethesda, Name of Committee: National Institute on Contact Person: Raj K. Krishnaraju, PhD, MD 20817 (Telephone Conference Call). MS, Scientific Review Officer, Scientific Deafness and Other Communication Contact Person: Sujata Vijh, PhD, Scientific Review Branch, National Inst of Dental & Disorders, Special Emphasis Panel, CDRC Review Officer, Scientific Review Program, Craniofacial Research, National Institutes of Conflicts. DEA/NIAID/NIH, 6700B Rockledge Drive, Health, 45 Center Dr. Rm 4AN 32J, Bethesda, Date: October 26, 2010. MSC 7616, Bethesda, MD 20892–7616, 301– MD 20892, 301–594–4864, Time: 1 p.m. to 4 p.m. [email protected]. 594–0985, [email protected]. Agenda: To review and evaluate grant This notice is being published less than 15 applications. Name of Committee: National Institute of days prior to the meeting due to the urgent Allergy and Infectious Diseases Special Place: National Institutes of Health, 6120 need to meet timing limitations imposed by Emphasis Panel, HIV Vaccine Research and Executive Blvd., Rockville, MD 20852 the intramural research review cycle. Design (HIVRAD) Program. (Telephone Conference Call). (Catalogue of Federal Domestic Assistance Date: November 9–10, 2010. Contact Person: Christine A. Livingston, Program Nos. 93.121, Oral Diseases and Time: 8 a.m. to 6 p.m. Disorders Research, National Institutes of PhD, Scientific Review Officer, Division of Agenda: To review and evaluate grant Health, HHS) Extramural Activities, National Institutes of applications. Health/NIDCD, 6120 Executive Blvd.—MSC Dated: October 5, 2010. Place: Courtyard by Marriott, 5520 7180, Bethesda, MD 20892, (301) 496–8683, Jennifer S. Spaeth, Wisconsin Avenue, Chevy Chase, MD 20815. Director, Office of Federal Advisory [email protected]. Contact Person: Betty Poon, PhD, Scientific Committee Policy. This notice is being published less than 15 Review Officer, Scientific Review Program, days prior to the meeting due to the timing Division of Extramural Activities, NIAID/ [FR Doc. 2010–25611 Filed 10–8–10; 8:45 am] limitations imposed by the review and NIH/DHHS, 6700B Rockledge Drive, MSC BILLING CODE 4140–01–P funding cycle. 7616, Bethesda, MD 20892–7616, 301–402– (Catalogue of Federal Domestic Assistance 6891, [email protected]. DEPARTMENT OF HEALTH AND Program Nos. 93.173, Biological Research (Catalogue of Federal Domestic Assistance HUMAN SERVICES Related to Deafness and Communicative Program Nos. 93.855, Allergy, Immunology, Disorders, National Institutes of Health, HHS) and Transplantation Research; 93.856, National Institutes of Health Dated: October 5, 2010. Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) Jennifer S. Spaeth, National Institute of Allergy and Director, Office of Federal Advisory Dated: October 5, 2010. Infectious Diseases; Notice of Closed Committee Policy. Jennifer S. Spaeth, Meeting [FR Doc. 2010–25604 Filed 10–8–10; 8:45 am] Director, Office of Federal Advisory Pursuant to section 10(d) of the BILLING CODE 4140–01–P Committee Policy. Federal Advisory Committee Act, as [FR Doc. 2010–25608 Filed 10–8–10; 8:45 am] amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–P hereby given of the following meeting.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62547

The meeting will be closed to the would constitute a clearly unwarranted Contact Person: Marina Broitman, PhD, public in accordance with the invasion of personal privacy. Scientific Review Officer, Division of provisions set forth in sections Extramural Activities, National Institute of Name of Committee: National Institute of Mental Health, NIH, Neuroscience Center, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Child Health and Human Development 6001 Executive Blvd., Room 6153, MSC 9608, as amended. The grant applications and Special Emphasis Panel; Pelvic Floor Bethesda, MD 20892–9608, 301–402–8152, the discussions could disclose Disorders Network (PDFN) and PDFN Data [email protected]. confidential trade secrets or commercial Coordinating Centers. property such as patentable material, Date: November 5, 2010. Name of Committee: National Institute of and personal information concerning Time: 8 a.m. to 5 p.m. Mental Health Special Emphasis Panel, HIV/ AIDS Behavioral Treatment Intervention and individuals associated with the grant Agenda: To review and evaluate grant applications. Services Development. applications, the disclosure of which Place: Doubletree Hotel Bethesda Date: November 2, 2010. would constitute a clearly unwarranted (Formerly Holiday Inn Select), 8120 Time: 9:30 a.m. to 12:30 p.m. invasion of personal privacy. Wisconsin Avenue, Rockville, MD 20814. Agenda: To review and evaluate grant Name of Committee: National Institute of Contact Person: Neelakanta Ravindranath, applications. Allergy and Infectious Diseases Special PhD, Scientific Review Officer, Division of Place: National Institutes of Health, Emphasis Panel, Partnership for Scientific Review, Eunice Kennedy Shriver Neuroscience Center, 6001 Executive Development of New Therapeutics Classes National Institute of Child Health and Boulevard, Rockville, MD 20852 (Telephone for select Viral and Bacterial Pathogens. Human Development, NIH, 6100 Executive Conference Call). Date: October 25, 2010. Blvd., Room 5B01G, Bethesda, MD 20892, Contact Person: Enid Light, PhD, Scientific Time: 12 p.m. to 4 p.m. 301–435–6889, [email protected]. Review Officer, Division of Extramural Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Activities, National Institute of Mental applications. Program Nos. 93.864, Population Research; Health, NIH, Neuroscience Center, 6001 Place: National Institutes of Health, 6700B 93.865, Research for Mothers and Children; Executive Boulevard, Room 6132, MSC 9608, Rockledge Drive, Room 3144, Bethesda, MD 93.929, Center for Medical Rehabilitation Bethesda, MD 20852, 301–443–3599, 20817 (Telephone Conference Call). Research; 93.209, Contraception and [email protected]. Contact Person: Frank S. De Silva, PhD, Infertility Loan Repayment Program, National (Catalogue of Federal Domestic Assistance Scientific Review Officer, Scientific Review Institutes of Health, HHS) Program Nos. 93.242, Mental Health Research Program, Division of Extramural Activities, Grants; 93.281, Scientist Development Dated: October 5, 2010. National Institutes of Health/NIAID, 6700B Award, Scientist Development Award for Rockledge Drive, MSC 7616, Bethesda, MD Jennifer S. Spaeth, Clinicians, and Research Scientist Award; 20892–7616, 301–594–1009, Director, Office of Federal Advisory 93.282, Mental Health National Research [email protected]. Committee Policy. Service Awards for Research Training, (Catalogue of Federal Domestic Assistance [FR Doc. 2010–25619 Filed 10–8–10; 8:45 am] National Institutes of Health, HHS) Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, BILLING CODE 4140–01–P Dated: October 5, 2010. Microbiology and Infectious Diseases Jennifer S. Spaeth, Research, National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory Committee Policy. Dated: October 5, 2010. HUMAN SERVICES Jennifer S. Spaeth, [FR Doc. 2010–25637 Filed 10–8–10; 8:45 am] Director, Office of Federal Advisory National Institutes of Health BILLING CODE 4140–01–P Committee Policy. [FR Doc. 2010–25616 Filed 10–8–10; 8:45 am] National Institute of Mental Health; Notice of Closed Meetings DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P HUMAN SERVICES Pursuant to section 10(d) of the National Institutes of Health DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as HUMAN SERVICES amended (5 U.S.C. App.), notice is hereby given of the following meetings. National Cancer Institute; Notice of Closed Meeting National Institutes of Health The meetings will be closed to the public in accordance with the Pursuant to section 10(d) of the Eunice Kennedy Shriver National provisions set forth in sections Institute of Child Health & Human Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. App.), notice is Development; Notice of Closed as amended. The grant applications and Meeting hereby given of a meeting of the Board the discussions could disclose of Scientific Counselors for Basic confidential trade secrets or commercial Pursuant to section 10(d) of the Sciences National Cancer Institute. property such as patentable material, Federal Advisory Committee Act, as and personal information concerning The meeting will be closed to the amended (5 U.S.C. App.), notice is individuals associated with the grant public as indicated below in accordance hereby given of the following meeting. applications, the disclosure of which with the provisions set forth in section The meeting will be closed to the would constitute a clearly unwarranted 552b(c)(6), Title 5 U.S.C., as amended public in accordance with the invasion of personal privacy. for the review, discussion, and provisions set forth in sections evaluation of individual intramural 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of programs and projects conducted by the as amended. The grant applications and Mental Health Special Emphasis Panel, National Cancer Institute, including the discussions could disclose Centers for Services Research. consideration of personnel Date: November 1, 2010. confidential trade secrets or commercial Time: 9 a.m. to 5 p.m. qualifications and performance, and the property such as patentable material, Agenda: To review and evaluate grant competence of individual investigators, and personal information concerning applications. the disclosure of which would individuals associated with the grant Place: Melrose Hotel, 2430 Pennsylvania constitute a clearly unwarranted applications, the disclosure of which Ave., NW., Washington, DC 20037. invasion of personal privacy.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62548 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Name of Committee: Board of Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Inherited Counselors for Basic Sciences National as amended. The grant applications and Disease Research Access Committee. Cancer Institute. the discussions could disclose Date: November 12, 2010. Date: November 15–16, 2010. confidential trade secrets or commercial Time: 11:30 a.m. to 3 p.m. Time: November 15, 2010, 6 p.m. to 10 Agenda: To review and evaluate grant p.m. property such as patentable material, applications. Agenda: To review and evaluate personal and personal information concerning Place: National Institutes of Health, 5635 qualifications and performance, and individuals associated with the grant Fishers Lane, Bethesda, MD 20892 competence of individual investigators. applications, the disclosure of which (Telephone Conference Call). Place: Double Tree Hotel, 8120 Wisconsin would constitute a clearly unwarranted Contact Person: Camilla E. Day, PhD, Avenue, Bethesda, MD 20814. invasion of personal privacy. Scientific Review Officer, CIDR, National Time: November 16, 2010, 9 a.m. to 4 p.m. Human Genome Research Institute, National Name of Committee: National Institute of Agenda: To review and evaluate personal Institutes of Health, 5635 Fishers Lane, Suite General Medical Sciences Special Emphasis qualifications and performance, and 4075, Bethesda, MD 20892, 301–402–8837, Panel, Review of Minority Biomedical competence of individual investigators. [email protected]. Research Chemistry Grant Applications. Place: National Institutes of Health, Catalogue of Federal Domestic Assistance National Cancer Institute, 9000 Rockville Date: November 4, 2010. Time: 8:30 a.m. to 5 p.m. Program Nos. 93.172, Human Genome Pike, Building 31, Conference Room 6, Research, National Institutes of Health, HHS) Bethesda, MD 20892. Agenda: To review and evaluate grant Contact Person: Florence E. Farber, PhD, applications. Dated: October 5, 2010. Executive Secretary, Office of the Director, Place: Hyatt Regency, 7400 Wisconsin Jennifer S. Spaeth, National Cancer Institute, National Institutes Avenue, 1 Bethesda Metro Center, Bethesda, MD 20814. Director, Office of Federal Advisory of Health, 6116 Executive Boulevard, Room Committee Policy. 2205, Bethesda, MD 20892, 301–496–7628, Contact Person: John J. Laffan, PhD, [email protected]. Scientific Review Officer, Office of Scientific [FR Doc. 2010–25634 Filed 10–8–10; 8:45 am] In the interest of security, NIH has Review, National Institute of General Medical BILLING CODE 4140–01–P instituted stringent procedures for entrance Sciences, National Institutes of Health, onto the NIH campus. All visitor vehicles, Natcher Building, Room 3AN18J, Bethesda, including taxicabs, hotel, and airport shuttles MD 20892, 301–594–2773, DEPARTMENT OF HEALTH AND will be inspected before being allowed on [email protected]. HUMAN SERVICES campus. Visitors will be asked to show one (Catalogue of Federal Domestic Assistance form of identification (for example, a Program Nos. 93.375, Minority Biomedical National Institutes of Health government-issued photo ID, driver’s license, Research Support; 93.821, Cell Biology and or passport) and to state the purpose of their Biophysics Research; 93.859, Pharmacology, Eunice Kennedy Shriver National visit. Physiology, and Biological Chemistry Institute of Child Health & Human Information is also available on the Research; 93.862, Genetics and Development; Notice of Closed Institute’s/Center’s home page: http:// Developmental Biology Research; 93.88, Meeting deainfo.nci.nih.gov/advisory/bsc/bs/bs.htm, Minority Access to Research Careers; 93.96, where an agenda and any additional Special Minority Initiatives, National information for the meeting will be posted Institutes of Health, HHS) Pursuant to section 10(d) of the when available. Federal Advisory Committee Act, as Dated: October 5, 2010. (Catalogue of Federal Domestic Assistance amended (5 U.S.C. App.), notice is Program Nos. 93.392, Cancer Construction; Jennifer Spaeth, hereby given of the following meeting. 93.393, Cancer Cause and Prevention Director, Office of Federal Advisory The meeting will be closed to the Research; 93.394, Cancer Detection and Committee Policy. public in accordance with the Diagnosis Research; 93.395, Cancer [FR Doc. 2010–25635 Filed 10–8–10; 8:45 am] provisions set forth in sections Treatment Research; 93.396, Cancer Biology BILLING CODE 4140–01–P Research; 93.397, Cancer Centers Support; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 93.398, Cancer Research Manpower; 93.399, as amended. The grant applications and the discussions could disclose Cancer Control, National Institutes of Health, DEPARTMENT OF HEALTH AND confidential trade secrets or commercial HHS) HUMAN SERVICES Dated: October 5, 2010. property such as patentable material, and personal information concerning Jennifer S. Spaeth, National Institutes of Health individuals associated with the grant Director, Office of Federal Advisory applications, the disclosure of which Committee Policy. National Human Genome Research Institute; Notice of Closed Meeting would constitute a clearly unwarranted [FR Doc. 2010–25636 Filed 10–8–10; 8:45 am] invasion of personal privacy. BILLING CODE 4140–01–P Pursuant to section 10(d) of the Federal Advisory Committee Act, as Name of Committee: National Institute of Child Health and Human Development amended (5 U.S.C. App.), notice is DEPARTMENT OF HEALTH AND Special Emphasis Panel; Developmental hereby given of the following meeting. Biology Training Grants. HUMAN SERVICES The meeting will be closed to the Date: October 26, 2010. public in accordance with the Time: 2 p.m. to 4 p.m. National Institutes of Health provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. National Institute of General Medical as amended. The grant applications and Place: National Institutes of Health, 6100 Sciences; Notice of Closed Meeting the discussions could disclose Executive Boulevard, Rockville, MD 20852 Pursuant to section 10(d) of the confidential trade secrets or commercial (Telephone Conference Call). property such as patentable material, Contact Person: Neelakanta Ravindranath, Federal Advisory Committee Act, as PhD, Scientific Review Officer, Division of amended (5 U.S.C. App.), notice is and personal information concerning Scientific Review, Eunice Kennedy Shriver hereby given of the following meeting. individuals associated with the grant National Institute of Child Health and The meeting will be closed to the applications, the disclosure of which Human Development, NIH, 6100 Executive public in accordance with the would constitute a clearly unwarranted Blvd., Room 5B01G, Bethesda, MD 20892, provisions set forth in sections invasion of personal privacy. 301–435–6889, [email protected].

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62549

(Catalogue of Federal Domestic Assistance Dated: October 5, 2010. DEPARTMENT OF HEALTH AND Program Nos. 93.864, Population Research; Jennifer S. Spaeth, HUMAN SERVICES 93.865, Research for Mothers and Children; Director, Office of Federal Advisory 93.929, Center for Medical Rehabilitation Committee Policy. National Institutes of Health Research; 93.209, Contraception and [FR Doc. 2010–25632 Filed 10–8–10; 8:45 am] Infertility Loan Repayment Program, National Eunice Kennedy Shriver National Institutes of Health, HHS) BILLING CODE 4140–01–P Institute of Child Health & Human Development; Notice of Closed Dated: October 5, 2010. Meeting Jennifer S. Spaeth, DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory HUMAN SERVICES Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as [FR Doc. 2010–25633 Filed 10–8–10; 8:45 am] National Institutes of Health amended (5 U.S.C. App.), notice is hereby given of the following meeting. BILLING CODE 4140–01–P Eunice Kennedy Shriver National The meeting will be closed to the Institute of Child Health & Human public in accordance with the DEPARTMENT OF HEALTH AND Development; Notice of Closed provisions set forth in sections HUMAN SERVICES Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and National Institutes of Health Pursuant to section 10(d) of the the discussions could disclose Federal Advisory Committee Act, as confidential trade secrets or commercial Eunice Kennedy Shriver National amended (5 U.S.C. App.), notice is property such as patentable material, Institute of Child Health & Human hereby given of the following meeting. and personal information concerning Development; Notice of Closed individuals associated with the grant The meeting will be closed to the Meeting applications, the disclosure of which public in accordance with the would constitute a clearly unwarranted Pursuant to section 10(d) of the provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as Name of Committee: National Institute of amended (5 U.S.C. App.), notice is as amended. The grant applications and Child Health and Human Development hereby given of the following meeting. the discussions could disclose Special Emphasis Panel, Tetralogy of Fallot. confidential trade secrets or commercial Date: November 3, 2010. The meeting will be closed to the property such as patentable material, Time: 2 p.m. to 5 p.m. public in accordance with the and personal information concerning Agenda: To review and evaluate grant provisions set forth in sections individuals associated with the grant applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, 6100 as amended. The grant applications and applications, the disclosure of which Executive Boulevard, Rockville, MD 20852 the discussions could disclose would constitute a clearly unwarranted (Telephone Conference Call). confidential trade secrets or commercial invasion of personal privacy. Contact Person: Neelakanta Ravindranath, property such as patentable material, PhD, Scientific Review Officer, Division of Name of Committee: National Institute of Scientific Review, Eunice Kennedy Shriver and personal information concerning Child Health and Human Development National Institute of Child Health and individuals associated with the grant Special Emphasis Panel; Natural History. Human Development, NIH, 6100 Executive applications, the disclosure of which Date: November 2, 2010. Blvd., Room 5B01G, Bethesda, MD 20892, would constitute a clearly unwarranted Time: 8 a.m. to 4:30 p.m. 301–435–6889, [email protected]. invasion of personal privacy. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. Program Nos. 93.864, Population Research; Name of Committee: Eunice Kennedy Place: Doubletree Hotel Washington, 1515 93.865, Research for Mothers and Children; Shriver National Institute of Child Health Rhode Island Avenue, NW., Washington, DC 93.929, Center for Medical Rehabilitation and Human Development Special Emphasis 20005. Research; 93.209, Contraception and Panel; Review of P01 Application: Molecular Infertility Loan Repayment Program, National Contact Person: Norman Chang, PhD, Basis of Pediatric Formulation Design. Institutes of Health, HHS) Scientific Review Officer, Division of Date: November 3, 2010. Dated: October 5, 2010. Time: 1 p.m. to 3 p.m. Scientific Review, Eunice Kennedy Shriver Jennifer S. Spaeth, Agenda: To review and evaluate grant National Institute of Child Health and applications. Human Development, NIH, 6100 Executive Director, Office of Federal Advisory Committee Policy. Place: National Institutes of Health, 6100 Blvd., Room 5B01, Bethesda, MD 20892, Executive Boulevard, Rockville, MD 20852 301–496–1485, [email protected]. [FR Doc. 2010–25629 Filed 10–8–10; 8:45 am] (Telephone Conference Call). (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Contact Person: Sathasiva B. Kandasamy, Program Nos. 93.864, Population Research; PhD, Scientific Review Officer, Division of 93.865, Research for Mothers and Children; Scientific Review, Eunice Kennedy Shriver 93.929, Center for Medical Rehabilitation DEPARTMENT OF HEALTH AND National Institute of Child Health and Research; 93.209, Contraception and HUMAN SERVICES Human Development, NIH, 6100 Executive Infertility Loan Repayment Program, National National Institutes of Health Blvd., Room 5b01, Bethesda, MD 20892, 301– Institutes of Health, HHS) 435–6680, [email protected]. Dated: October 5, 2010. National Library of Medicine; Notice of (Catalogue of Federal Domestic Assistance Jennifer S. Spaeth, Meeting Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; Director, Office of Federal Advisory Pursuant to section 10(a) of the 93.929, Center for Medical Rehabilitation Committee Policy. Federal Advisory Committee Act, as Research; 93.209, Contraception and [FR Doc. 2010–25630 Filed 10–8–10; 8:45 am] amended (5 U.S.C. App), notice is Infertility Loan Repayment Program, National BILLING CODE 4140–01–P hereby given of the following meeting of Institutes of Health, HHS) the Medical Genetics Working Group.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62550 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

The meeting will be open to the Act, 5 U.S.C. App. 2, this notice The purpose of the National Advisory public as indicated below, with announces a meeting of a Subcommittee Council Sub-Committee is to: (a) attendance limited to space available. of the National Advisory Council for Evaluate measures on importance, Individuals who plan to attend and Healthcare Research and Quality. validity, and feasibility for use by need special assistance, such as sign DATES: The meeting will be held on Medicaid programs (b) apply criteria to language interpretation or other Monday, October 18th from 10 a.m. to identify compilations of measures that reasonable accommodations, should 6 p.m., and Tuesday, October from 9 could be selected for the initial core notify the Contact Person listed below a.m. to 3 p.m. measurement set. The Sub-Committee in advance of the meeting. ADDRESSES: The meeting will be held at membership will reflect expertise in Name of Committee: Medical Genetics the Westin Washington DC City Center, healthcare quality measurement, Working Group. 1400 M Street, NW., Washington, DC. healthcare disparities, and in the Date: November 10, 2010. FOR FURTHER INFORMATION CONTACT: populations eligible for Medicaid. Time: 1 p.m. to 5 p.m. Nancy Wilson, MD MPH, Coordinator of Elizabeth McGlynn, PhD, Associate Agenda: Programmatic and policy needs the Advisory Council Subcommittee, at Director for RAND Health, and Foster and opportunities related to NCBI Gesten, M.D., Medical Director of Office information resources in the medical genetics the Agency for Healthcare Research and Quality, 540 Gaither Road, Rockville, of Insurance Programs for New York, area. have agreed to co-chair the Sub- Place: National Library of Medicine, Maryland, 20850, (301) 427–1310. For Building 38, 2nd Floor, Board Room, 8600 press-related information, please contact Committee. Rockville Pike, Bethesda, MD 20892. Karen Migdail at (301) 427–1855. II. Purpose of the National Advisory Contact Person: David J. Lipman, MD, If sign language interpretation or other Council Director, National Center for Biotechnology reasonable accommodation for a Information, National Library of Medicine, disability is needed, please contact the The National Advisory Council for Department of Health and Human Services, Food and Drug Administration (FDA) Healthcare Research and Quality was Building 38A, Room 8N805, Bethesda, MD established in accordance with Section 20892, 301–435–5985, Office of Equal Employment Opportunity and Diversity Management 921 (now Section 941) of the Public [email protected]. Health Service Act, 42 U.S.C. 299c. In Any interested person may file written on (301) 827–4840, no later than October 11 2010. The agenda, roster, accordance with its statutory mandate, comments with the committee by forwarding the Council is to advise the Secretary of the statement to the Contact Person listed on and minutes will be available from Dr. this notice. The statement should include the Nancy Wilson. the Department of Health and Human Services and the Director, Agency for name, address, telephone number and when SUPPLEMENTARY INFORMATION: applicable, the business or professional Healthcare Research and Quality affiliation of the interested person. I. Purpose of the Sub-Committee (AHRQ), on matters related to AHRQ’s In the interest of security, NIH has The purpose of the Sub-Committee is conduct of its mission including instituted stringent procedures for entrance to advise AHRQ and the Centers for providing guidance on (A) priorities for onto the NIH campus. All visitor vehicles, health care research, (B) the field of including taxicabs, hotel, and airport shuttles Medicare Medicaid Services (CMS) about measures that could be used to health care research including training will be inspected before being allowed on needs and information dissemination on campus. Visitors will be asked to show one monitor the quality of care for Medicaid form of identification (for example, a eligible adults. health care quality and (C) the role of government-issued photo ID, driver’s license, Section 2701 of the Affordable Care the Agency in light of private sector or passport) and to state the purpose of their Act (ACA) requires the Secretary of activity and opportunities for public visit. Health and Human Services to identify private partnerships. (Catalogue of Federal Domestic Assistance and publish a recommended core set of Role of the National Advisory Council Program No. 93.879, Medical Library adult health quality measures for Assistance, National Institutes of Health, Medicaid eligible adults. ACA also The National Advisory Council for HHS). requires the Secretary, in consultation Healthcare Research arid Quality was Dated: October 5, 2010. with States, to develop a standardized established in accordance with Section Jennifer Spaeth, format for reporting information and to 921 (now Section 941) of the Public Director, Office of Federal Advisory develop procedures that encourage Health Service Act, 42 U.S.C. 299c. In Committee Policy. voluntary reporting based on the initial accordance with its statutory mandate, [FR Doc. 2010–25626 Filed 10–8–10; 8:45 am] core set of measures. The Secretary is the Council is to advise the Secretary of the Department of Health and Human BILLING CODE 4140–01–P also required to establish a Medicaid Quality Measurement Program that will Services and the Director, Agency for fund the development, testing, and Healthcare Research and Quality DEPARTMENT OF HEALTH AND validation of emerging and innovative (AHRQ), on matters related to AHRQ’s HUMAN SERVICES evidence-based measures and to conduct of its mission including subsequently publish recommended providing guidance on (A) priorities for Agency for Healthcare Research and changes to the initial core measure set. health care research, (B) the field of Quality Not later than September 30, 2014 and health care research including training annually thereafter the Secretary is needs and information dissemination on Meeting of a Subcommittee of the required to collect, analyze, and make health care quality and (C) the role of National Advisory Council for publically available the information the Agency in light of private sector Healthcare Research and Quality reported by the States. activity and opportunities for public AGENCY: Agency for Healthcare Research AHRQ is working collaboratively with private partnerships. and Quality (AHRQ), HHS. CMS to identify and publish for public The Council is composed of members ACTION: Notice of public meeting. comment an initial preliminary core set of the public, appointed by the of measures by January 1, 2011. The Secretary, and Federal ex-officio SUMMARY: In accordance with section initial core set of measures must then be members specified in the authorizing 10(a) of the Federal Advisory Committee finalized by January 1, 2012. legislation.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62551

III. Agenda 6 p.m. The meeting is closed to the Date: November 1, 2010. public. Time: 11:30 a.m. to 1:30 p.m. The final agenda will be available on Agenda: To review and evaluate grant the AHRQ Web site at www.AHRQ.gov Dated: October 4, 2010. applications. no later than October 12, 2010. Jennifer S. Spaeth, Place: National Institutes of Health, 6701 This notice is published less than 15 Director, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892 days in advance of the meeting date due Committee Policy. (Telephone Conference Call). Contact Person: Valerie Durrant, PhD, to logistical difficulties. [FR Doc. 2010–25598 Filed 10–8–10; 8:45 am] Scientific Review Officer, Center for Dated: September 30, 2010. BILLING CODE 4140–01–P Scientific Review, National Institutes of Carolyn M. Clancy, Health, 6701 Rockledge Drive, Room 3148, Director. MSC 7770, Bethesda, MD 20892, (301) 408– DEPARTMENT OF HEALTH AND 9882, [email protected]. [FR Doc. 2010–25224 Filed 10–8–10; 8:45 am] HUMAN SERVICES Name of Committee: Center for Scientific BILLING CODE 4160–90–M Review Special Emphasis Panel, Member National Institutes of Health Conflict: Biobehavioral Mechanisms of Emotion, Stress and Health. DEPARTMENT OF HEALTH AND Center for Scientific Review; Notice of Date: November 3, 2010. HUMAN SERVICES Closed Meetings Time: 2 p.m. to 5 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate grant National Institutes of Health applications. Federal Advisory Committee Act, as Place: National Institutes of Health, 6701 Center for Scientific Review; Amended amended (5 U.S.C. App.), notice is Rockledge Drive, Bethesda, MD 20892 Notice of Meeting hereby given of the following meetings. (Virtual Meeting). The meetings will be closed to the Contact Person: Melissa Gerald, PhD, Notice is hereby given of a change in public in accordance with the Scientific Review Officer, Center for the meeting of the Center for Scientific provisions set forth in sections Scientific Review, National Institutes of Review Special Emphasis Panel, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 3172, November 19, 2010, 8 a.m. to November as amended. The grant applications and MSC 7848, Bethesda, MD 20892, (301) 408– 19, 2010, 6 p.m., Embassy Suites at the the discussions could disclose 9107, [email protected]. Chevy Chase Pavilion, 4300 Military confidential trade secrets or commercial Name of Committee: Center for Scientific Road, NW., Washington, DC, 20015 property such as patentable material, Review Special Emphasis Panel, PAR10–074: which was published in the Federal and personal information concerning Program Project: Methods in Crystallization. Date: November 4–5, 2010. Register on September 30, 2010, 75 FR individuals associated with the grant Time: 8 a.m. to 12 p.m. 60465–60466. applications, the disclosure of which Agenda: To review and evaluate grant The meeting will be held at the would constitute a clearly unwarranted applications. Embassy Suites Washington DC, 1250 invasion of personal privacy. Place: National Institutes of Health, 6701 22nd Street, NW., Washington, DC Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 20030. The meeting date and time Review Special Emphasis Panel, Member (Virtual Meeting). remain the same. The meeting is closed Conflict: Nucleic Acid Biology. Contact Person: David R. Jollie, PhD, to the public. Date: October 26, 2010. Scientific Review Officer, Center for Time: 8 a.m. to 4 p.m. Scientific Review, National Institutes of Dated: October 5, 2010. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4150, Jennifer S. Spaeth, applications. MSC 7806, Bethesda, MD 20892, (301) 435– Director, Office of Federal Advisory Place: National Institutes of Health, 6701 1722, [email protected]. Committee Policy. Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific [FR Doc. 2010–25601 Filed 10–8–10; 8:45 am] (Virtual Meeting). Review Special Emphasis Panel, PAR08–259: Contact Person: Barbara Whitmarsh, PhD, Program Project: Fluorescence Spectroscopy BILLING CODE 4140–01–P Scientific Review Officer, Center for Resource. Scientific Review, National Institutes of Date: November 8–10, 2010. Health, 6701 Rockledge Drive, Room 2206, Time: 8 a.m. to 12 p.m. DEPARTMENT OF HEALTH AND MSC 7890, Bethesda, MD 20892, (301) 357– Agenda: To review and evaluate grant HUMAN SERVICES 5556, [email protected]. applications. Name of Committee: Center for Scientific Place: Atrium Hotel, 18700 MacArthur National Institutes of Health Review Special Emphasis Panel, Member Boulevard, Irvine, CA 92612. Conflict: NeuroAIDS and Other End-Organ Contact Person: Arnold Revzin, PhD, Center for Scientific Review; Amended Diseases. Scientific Review Officer, Center for Notice of Meeting Date: October 28, 2010. Scientific Review, National Institutes of Time: 3:15 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4146, Notice is hereby given of a change in Agenda: To review and evaluate grant MSC 7806, Bethesda, MD 20892, (301) 435– the meeting of the Center for Scientific applications. 1153, [email protected]. Review Special Emphasis Panel, Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific October 27, 2010, 2:30 p.m. to October Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel, PAR–08– 27, 2010, 5:30 p.m., National Institutes (Telephone Conference Call). 222: International Brain Disorders. of Health, 6701 Rockledge Drive, Contact Person: Eduardo A. Montalvo, Date: November 18, 2010. Bethesda, MD, 20892 which was PhD, Scientific Review Officer, Center for Time: 8:30 a.m. to 6:30 p.m. published in the Federal Register on Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5108, applications. September 30, 2010, 75 FR 60465– MSC 7852, Bethesda, MD 20892, (301) 435– 60466. Place: US Grant Hotel, 326 Broadway, San 1168, [email protected]. Diego, CA 92101. The meeting has been changed to an Name of Committee: Center for Scientific Contact Person: Dan D. Gerendasy, PhD, Internet Assisted Meeting (IAM). The Review Special Emphasis Panel, Member Scientific Review Officer, Center for meeting will be two days October 27, Conflict: Social Sciences and Population Scientific Review, National Institutes of 2010, from 8 a.m. to October 28, 2010, Studies. Health, 6701 Rockledge Drive, Room 3218,

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62552 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

MSC 7843, Bethesda, MD 20892, 301–408– MSC 7814, Bethesda, MD 20892, 301–435– Dated: October 4, 2010. 9164, [email protected]. 4522, [email protected]. Jennifer S. Spaeth, (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific Director, Office of Federal Advisory Program Nos. 93.306, Comparative Medicine; Review Special Emphasis Panel, Member Committee Policy. 93.333, Clinical Research; 93.306, 93.333, Conflict: Behavioral Medicine, Interventions [FR Doc. 2010–25595 Filed 10–8–10; 8:45 am] 93.337, 93.393–93.396, 93.837–93.844, and Outcomes. 93.846–93.878, 93.892, 93.893, National Date: November 2, 2010. BILLING CODE 4140–01–P Institutes of Health, HHS) Time: 12 p.m. to 2:30 p.m. Agenda: To review and evaluate grant Dated: October 5, 2010. applications. DEPARTMENT OF HEALTH AND Jennifer S. Spaeth, Place: National Institutes of Health, 6701 HUMAN SERVICES Director, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892 Committee Policy. (Telephone Conference Call). National Institutes of Health Contact Person: Claire E. Gutkin, PhD, [FR Doc. 2010–25597 Filed 10–8–10; 8:45 am] National Cancer Institute; Notice of BILLING CODE 4140–01–P MPH, Scientific Review Officer, Center for Scientific Review, National Institutes of Closed Meeting Health, 6701 Rockledge Drive, Room 3138, Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND MSC 7759, Bethesda, MD 20892, 301–594– Federal Advisory Committee Act, as 3139, [email protected]. HUMAN SERVICES amended (5 U.S.C. App.), notice is Name of Committee: Center for Scientific hereby given of a meeting of the Board National Institutes of Health Review Special Emphasis Panel, Member Conflict: Risk Prevention and Health of Scientific Counselors for Clinical Sciences and Epidemiology National Center for Scientific Review; Notice of Behavior. Cancer Institute. Closed Meetings Date: November 5, 2010. Time: 3 p.m. to 5 p.m. The meeting will be closed to the Pursuant to section 10(d) of the Agenda: To review and evaluate grant public as indicated below in accordance Federal Advisory Committee Act, as applications. with the provisions set forth in section amended (5 U.S.C. App.), notice is Place: National Institutes of Health, 6701 552b(c)(6), Title 5 U.S.C., as amended hereby given of the following meetings. Rockledge Drive, Bethesda, MD 20892 for the review, discussion, and The meetings will be closed to the (Telephone Conference Call). evaluation of individual intramural public in accordance with the Contact Person: Claire E. Gutkin, PhD, programs and projects conducted by the MPH, Scientific Review Officer, Center for National Cancer Institute, including provisions set forth in sections Scientific Review, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 3138, consideration of personnel as amended. The grant applications and MSC 7759, Bethesda, MD 20892, 301–594– qualifications and performance, and the the discussions could disclose 3139, [email protected]. competence of individual investigators, confidential trade secrets or commercial Name of Committee: Center for Scientific the disclosure of which would property such as patentable material, Review Special Emphasis Panel, Pilot and constitute a clearly unwarranted and personal information concerning Feasibility Clinical Studies in Digestive invasion of personal privacy. individuals associated with the grant Diseases and Nutrition. Name of Committee: Board of Scientific applications, the disclosure of which Date: November 16, 2010. Counselors for Clinical Sciences and would constitute a clearly unwarranted Time: 12 p.m. to 3 p.m. Epidemiology, National Cancer Institute. invasion of personal privacy. Agenda: To review and evaluate grant Date: November 15, 2010. applications. Time: 9 a.m. to 3 p.m. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Agenda: To review and evaluate personal Review Special Emphasis Panel, Member Rockledge Drive, Bethesda, MD 20892 qualifications and performance, and Conflict: Psychosocial Development, Risk (Virtual Meeting). competence of individual investigators. and Prevention. Contact Person: Patricia Greenwel, PhD, Place: National Institutes of Health, Date: November 1, 2010. Scientific Review Officer, Center for National Cancer Institute,9000 Rockville Time: 10 a.m. to 11:30 a.m. Scientific Review, National Institutes of Pike, Building 31, Conference Room 10, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 2178, Bethesda, MD 20892. applications. MSC 7818, Bethesda, MD 20892, 301–435– Time: 6 p.m. to 10 p.m. Place: National Institutes of Health, 6701 1169, [email protected]. Agenda: To review and evaluate personal Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific qualifications and performance, and (Telephone Conference Call). Review Special Emphasis Panel, PAR–08– competence of individual investigators. Contact Person: Claire E. Gutkin, PhD, 222: International Brain Disorders. Place: Double Tree Hotel, 8120 Wisconsin MPH, Scientific Review Officer, Center for Date: November 19, 2010. Avenue, Bethesda, MD 20814. Scientific Review, National Institutes of Contact Person: Brian E. Wojcik, PhD, Health, 6701 Rockledge Drive, Room 3138, Time: 8:30 a.m. to 6:30 p.m. Agenda: To review and evaluate grant Senior Review Administrator, Institute MSC 7759, Bethesda, MD 20892, 301–594– Review Office, Office of the Director, 3139, [email protected]. applications. Place: US Grant Hotel, 326 Broadway, San National Cancer Institute, 6116 Executive Boulevard, Room 2201, Bethesda, MD 20892, Name of Committee: Center for Scientific Diego, CA 92101. (301) 496–7628, [email protected]. Review Special Emphasis Panel, Member Contact Person: Inese Z Beitins, MD, Conflict: Hematological Mechanisms. Scientific Review Officer, Center for In the interest of security, NIH has Date: November 1, 2010. Scientific Review, National Institutes of instituted stringent procedures for entrance Time: 1 p.m. to 3 p.m. Health, 6701 Rockledge Drive, Room 3218, onto the NIH campus. All visitor vehicles, Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, 301–435– including taxicabs, hotel, and airport applications. 1034, [email protected]. shuttles, will be inspected before being Place: National Institutes of Health, 6701 allowed on campus. Visitors will be asked to Rockledge Drive, Bethesda, MD 20892 (Catalogue of Federal Domestic Assistance show one form of identification (for example, (Telephone Conference Call). Program Nos. 93.306, Comparative Medicine; a government-issued photo ID, driver’s Contact Person: Joyce C Gibson, DSC, 93.333, Clinical Research, 93.306, 93.333, license, or passport) and to state the purpose Scientific Review Officer, Center for 93.337, 93.393–93.396, 93.837–93.844, of their visit. Scientific Review, National Institutes of 93.846–93.878, 93.892, 93.893, National Information is also available on the Health, 6701 Rockledge Drive, Room 4130, Institutes of Health, HHS) Institute’s/Center’s home page:

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62553

deainfo.nci.nih.gov/advisory/bsc.htm, where confidential trade secrets or commercial Agenda: To review and evaluate grant an agenda and any additional information for property such as patentable material, applications. the meeting will be posted when available. and personal information concerning Place: National Institutes of Health, One (Catalogue of Federal Domestic Assistance individuals associated with the grant Democracy Plaza, 6701 Democracy Program Nos. 93.392, Cancer Construction; Boulevard, Bethesda, MD 20892 (Telephone 93.393, Cancer Cause and Prevention applications, the disclosure of which Conference Call). Research; 93.394, Cancer Detection and would constitute a clearly unwarranted Contact Person: Jayalakshmi Raman, PhD, Diagnosis Research; 93.395, Cancer invasion of personal privacy. Scientific Review Officer, Scientific Review Treatment Research; 93.396, Cancer Biology Name of Committee: National Institute of Branch, National Institute of Dental and Research; 93.397, Cancer Centers Support; Allergy and Infectious Diseases Special Craniofacial Research, One Democracy Plaza, 93.398, Cancer Research Manpower; 93.399, Emphasis Panel; Partnership for Room 670, Bethesda, MD 20892–4878, 301– Cancer Control, National Institutes of Health, Development of New Therapeutics Classes 594–2904, [email protected]. HHS) for Select Viral and Bacterial Pathogens. Name of Committee: National Institute of Dated: October 5, 2010. Date: October 26, 2010. Dental and Craniofacial Research Special Jennifer S. Spaeth, Time: 1 p.m. to 5 p.m. Emphasis Panel, Special Emphasis Panel: Secondary Data Analysis R03s. Director, Office of Federal Advisory Agenda: To review and evaluate grant Date: October 29, 2010. Committee Policy. applications. Place: National Institutes of Health, 6700B Time: 1:30 p.m. to 3:30 p.m. [FR Doc. 2010–25640 Filed 10–8–10; 8:45 am] Rockledge Drive, Room 3144, Bethesda, MD Agenda: To review and evaluate grant BILLING CODE 4140–01–P 20817 (Telephone Conference Call). applications. Contact Person: Frank S. De Silva, PhD, Place: National Institutes of Health, One Scientific Review Officer, Scientific Review Democracy Plaza, 6701 Democracy DEPARTMENT OF HEALTH AND Program, Division of Extramural Activities, Boulevard, Bethesda, MD 20892 (Telephone HUMAN SERVICES National Institutes of Health/NIAID, 6700B Conference Call). Rockledge Drive, MSC 7616, Bethesda, MD Contact Person: Jayalakshmi Raman, PhD, National Institutes of Health 20892–7616, 301–594–1009, Scientific Review Officer, Scientific Review [email protected]. Branch, National Institute of Dental and National Institute on Alcohol Abuse (Catalogue of Federal Domestic Assistance Craniofacial Research, One Democracy Plaza, and Alcoholism; Amended Notice of Program Nos. 93.855, Allergy, Immunology, Room 670, Bethesda, MD 20892–4878, 301– Meeting and Transplantation Research; 93.856, 594–2904, [email protected]. Microbiology and Infectious Diseases (Catalogue of Federal Domestic Assistance Notice is hereby given of a change in Research, National Institutes of Health, HHS) Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of the meeting of the National Institute on Dated: October 5, 2010. Alcohol Abuse and Alcoholism Special Health, HHS) Jennifer S. Spaeth, Emphasis Panel, November 3, 2010, 2 Dated: October 5, 2010. p.m. to November 3, 2010, 5 p.m., Director, Office of Federal Advisory Committee Policy. Jennifer S. Spaeth, National Institutes of Health, 5635 [FR Doc. 2010–25617 Filed 10–8–10; 8:45 am] Director, Office of Federal Advisory Fishers Lane, Bethesda, MD 20892 Committee Policy. BILLING CODE 4140–01–P which was published in the Federal [FR Doc. 2010–25614 Filed 10–8–10; 8:45 am] Register on August 30, 2010, 75 FR BILLING CODE 4140–01–P DOC. 2010–21663. DEPARTMENT OF HEALTH AND Date and time was changed from 11/ HUMAN SERVICES 3/2010; 2 p.m. to 5 p.m. to reflect 11/ DEPARTMENT OF HEALTH AND 10/2010; 10 a.m. to 1 p.m. The meeting National Institutes of Health HUMAN SERVICES is closed to the public. Dated: October 5, 2010. National Institute of Dental & Centers for Disease Control and Jennifer Spaeth, Craniofacial Research; Notice of Prevention Closed Meetings Director, Office of Federal Advisory Statement of Organization, Functions, Committee Policy. Pursuant to section 10(d) of the and Delegations of Authority [FR Doc. 2010–25639 Filed 10–8–10; 8:45 am] Federal Advisory Committee Act, as BILLING CODE 4140–01–P amended (5 U.S.C. App.), notice is Part C (Centers for Disease Control hereby given of the following meetings. and Prevention) of the Statement of The meetings will be closed to the Organization, Functions, and DEPARTMENT OF HEALTH AND public in accordance with the Delegations of Authority of the HUMAN SERVICES provisions set forth in sections Department of Health and Human 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Services (45 FR 67772–76, dated National Institutes of Health as amended. The grant applications and October 14, 1980, and corrected at 45 FR National Institute of Allergy and the discussions could disclose 69296, October 20, 1980, as amended Infectious Diseases; Notice of Closed confidential trade secrets or commercial most recently at 75 FR 59277–59278, Meeting property such as patentable material, dated September 25, 2010) is amended and personal information concerning to reflect the reorganization of the Pursuant to section 10(d) of the individuals associated with the grant National Center for Environmental Federal Advisory Committee Act, as applications, the disclosure of which Health, Office of Noncommunicable amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted Diseases, Injury and Environmental hereby given of the following meeting. invasion of personal privacy. Health, Centers for Disease Control and The meeting will be closed to the Name of Committee: National Institute of Prevention. public in accordance with the Dental and Craniofacial Research Special Section C–B, Organization and provisions set forth in sections Emphasis Panel, Secondary Data Analysis Functions, is hereby amended as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., R03s: Special Emphasis Panel. follows: After the title and functional as amended. The grant applications and Date: October 27, 2010. statement for the Office of the Director the discussions could disclose Time: 1 p.m. to 3 p.m. (CUG1), National Center for

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62554 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Environmental Health (CUG), insert the situations; (19) collaborates with other Department of Health and Human following: CDC Centers/Institute/Offices in the Services Operational Divisions in order Office of Communication (CUG12). development of marketing to maximize the public health impact of The Office of Communication (OC): (1) communications targeted to populations HIV/AIDS, viral hepatitis, STDs, and TB Serves as the principal advisor to the that would benefit from a cross- interventions; (3) conducts surveillance center director and divisions on functional approach; and (20) ensures and research to determine the communication and marketing science, NCEH/ATSDR materials meet CDC and distribution, determinants, and burden research, practice, and public affairs; (2) Department of Health and Human of HIV/AIDS, viral hepatitis, STDs, and leads center strategic planning for Services standards. TB; (4) conducts program evaluation to communication and marketing science Dated: September 27, 2010. improve programs and activities relating and public affairs programs and William P. Nichols, to the prevention of HIV/AIDS, viral projects; (3) analyzes context, situation, Chief Operating Officer, Centers for Disease hepatitis, STDs, and TB, and determine and environment to inform center-wide Control and Prevention. their impact; (5) provides reference communication and marketing programs [FR Doc. 2010–25223 Filed 10–8–10; 8:45 am] laboratory and clinical diagnostic and projects; (4) ensures use of BILLING CODE 4160–18–M services for HIV/AIDS, viral hepatitis, scientifically sound research for STDs, and TB to relevant stakeholders; marketing and communication programs (6) promotes collaboration and service and projects; (5) ensures accurate, DEPARTMENT OF HEALTH AND integration among HIV/AIDS, viral accessible, timely, and effective HUMAN SERVICES hepatitis, STDs, and TB programs; (7) translation of science for use by engages external partners to develop multiple audiences; (6) leads Centers for Disease Control and and implement effective HIV/AIDS, identification and implementation of Prevention viral hepatitis, STDs, and TB policies, information dissemination channels; (7) research, and programs; (8) engages provides communication and marketing Statement of Organization, Functions, partners, to promote health equity and project management expertise; (8) and Delegations of Authority reduce health disparities among those collaborates with external organizations Part C (Centers for Disease Control affected by HIV/AIDS, viral hepatitis, and the news, public service, and and Prevention) of the Statement of STDs, and TB; (9) provides technical entertainment and other media to Organization, Functions, and assistance and training in the diagnosis, ensure that scientific findings and their Delegations of Authority of the treatment, and prevention of HIV/AIDS, implications for public health reach the Department of Health and Human viral hepatitis, STDs, and TB; (10) intended audiences; (9) collaborates Services (45 FR 67772–76, dated conducts public health communication closely with divisions to produce October 14, 1980, and corrected at 45 FR activities to disseminate research materials tailored to meet the 69296, October 20, 1980, as amended findings and increase awareness of HIV/ requirements of news and other media most recently at 75 FR 59277–59278, AIDS, viral hepatitis, STDs, and TB; (11) channels, including press releases, dated September 25, 2010) is amended conducts operational, behavioral, and letters to the editor, public service to reflect the reorganization of the biomedical research to improve the announcements, television National Center for HIV/AIDS, Viral distribution, diagnosis, prevention, and programming, video news releases, and Hepatitis, STD, and TB Prevention, control of HIV/AIDS, viral hepatitis, other electronic and printed materials; Office of Infectious Diseases, Centers for STDs, and TB; (12) provides scientific (10) coordinates the development and Disease Control and Prevention. leadership regarding public health maintenance of accessible public Section C–B, Organization and ethics and protection of human subjects information through the Internet, social Functions, is hereby amended as linked to HIV/AIDS, viral hepatitis, media and other applicable channels; follows: STDs, and TB; (13) translates research (11) provides training and technical Delete in its entirety the function findings into public health practice and assistance in the areas of health statements for the National Center for policy for HIV/AIDS, viral hepatitis, communication, risk communication, HIV/AIDS, Viral Hepatitis, STD, and TB STDs, and TB prevention; (14) plans, social marketing, and public affairs; (12) Prevention (CJV) and the Office of the coordinates, and guides programs and manages or coordinates communication Director (CJV1) and insert the following: activities with external partners, federal services such as broadcast, graphics, National Center for HIV/AIDS, Viral agencies, and other organizations photography, writing, and editing; (13) Hepatitis, STD, and TB Prevention related to HIV/AIDS, viral hepatitis, provides editorial services, including (CJV). The National Center for HIV/ STDs, and TB prevention, care, and writing, editing, and technical editing; AIDS, Viral Hepatitis, STD, and TB treatment; (15) leads and participates in (14) facilitates internal communication Prevention (NCHHSTP) maximizes the development, implementation, and to center staff and allied audiences; (15) public health and safety nationally and evaluation of policies and guidelines supervises and manages OC activities, internationally through the elimination, related to HIV/AIDS, viral hepatitis, programs, and staff; (16) serves as prevention, and control of disease, STDs, and TB; (16) provides scientific liaison to internal and external groups disability, and death caused by Human leadership regarding screening, to advance the center’s mission; (17) Immunodeficiency Virus Infection/ treatment, immunization, and other collaborates with the CDC Office of the Acquired Immunodeficiency Syndrome prevention interventions relevant to Associate Director for Communication (HIV/AIDS), non-HIV retroviruses, viral HIV/AIDS, viral hepatitis, STDs, and on media relations, electronic hepatitis, other sexually transmitted TB; (17) assures all public health communication, health media diseases (STDs), and tuberculosis (TB). decisions are based on the highest production, and brand management In carrying out its mission, NCHHSTP: quality scientific data, openly and activities; (18) collaborates with the (1) Builds capacity and enhances public objectively derived; (18) provides Office of Public Health Preparedness health infrastructure for preventing and leadership to assist international and Response and other NCEH/ATSDR treating HIV/AIDS, viral hepatitis, STDs, partners in establishing and entities to fulfill communication and TB; (2) coordinates activities and maintaining, HIV/AIDS, viral hepatitis, responsibilities in emergency response programs across CDC and with other STDs, and TB screening, treatment,

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62555

immunization, and other prevention disparities, etc.) and leverages OD activities intended for submission to and control programs; (19) ensures that resources to address these objectives CDC Human Research Protections programmatic and scientific activities and strategies; (9) coordinates and tracks Office; and (7) coordinates and tracks are aligned with, and in support of, health equity science and program Office of Management and Budget CDC’s overall mission, goals, and activities within the center; (10) clearance under the Paperwork strategic imperatives; (20) allocates and coordinates and tracks science and Reduction Act. tracks CDC resources and contributes to program activities that concern or Informatics Office (CVJ13). (1) the development of CDC’s short-, address social determinants of health Manages all information technology (IT) medium- and long-term strategic plans within NCHHSTP and other programs; project costs, schedules, performances, for preventing the spread of HIV/AIDS, (11) collaborates with the CDC OD and and risks; (2) provides expertise in viral hepatitis, STDs, and TB; (21) other CDC components on health equity leading application development collaborates with other federal agencies, activities, and works with the CDC OD techniques in information science and domestic and international to monitor progress in meeting technology to effect the best use of governmental and non-governmental Executive Orders related to improving resources; (3) performs technical organizations to advance CDC and minority health; (12) develops evaluation and integrated baseline NCHHSTP health protection goals; and partnerships with other federal agencies reviews of all information systems’ (22) coordinates oversight of the and nongovernmental organizations products and services prior to NCHHSTP Federal Advisory working on similarly-affected procurement to ensure software Committees. populations; (13) supports research, purchases align with NCHHSTP strategy; (4) provides access to quality Office of the Director (CVJ1). (1) surveillance, education, training, and data in support of programmatic data Provides leadership and guidance on program development to achieve health analysis; (5) coordinates all enterprise- the development of goals and objectives, equity and reduce health disparities; wide IT security policies and policies, program planning and (14) sponsors workgroups, meetings, procedures with key agency offices; (6) development, and program management and conferences related to health equity; ensures operations are in accordance and operations of the activities of (15) promotes a diverse public health workforce through internships, with CDC Capital Planning and NCHHSTP and manages, directs, fellowships, training programs, and Investment Control guidelines; (7) coordinates, and evaluates the center’s other activities; (16) ensures process ensures adherence to CDC enterprise activities; (2) plans and coordinates the consistency for laboratory related architecture guidelines and standards; annual program planning process; (3) functions within NCHHSTP and across (8) consults with users to determine IT coordinates with Office of the Director the CIOs; (17) facilitates cross-center needs and to develop strategic and (OD), Centers/Institute/Offices (CIOs), decision-making regarding laboratory action plans; and (9) participates in the and divisions in determining and activities; (18) monitors the performance evolution, identification, development, interpreting operating policy and in of funded extramural research projects or adoption of appropriate informatics ensuring their respective management in the areas of HIV/AIDS, viral hepatitis, standards. input for specific program activity STD and TB; (19) collaborates with Extramural Research Program Office plans; (4) facilitates CIOser linkages other federal agencies to advance (CVTJJ14). (1) Serves as the focal point between HIV, non-HIV retroviruses, prevention through healthcare; (20) for the OID for implementing policies STDs, viral hepatitis, and TB, coordinates and supports cross-cutting and guidelines for the conduct of the surveillance activities and prevention strategic initiatives in support of peer review of infectious disease programs at all levels, and facilitates NCHHSTP divisions and partners; and extramural research grant proposals and collaboration, integration, and multi- (21) works across the agency to advance subsequent grant administration; (2) disciplinary approaches to enhance the prevention priorities. coordinates and conducts in-depth effectiveness of HIV, STD, viral After the functional statement for the external peer review and secondary hepatitis, and TB prevention programs; Office of the Director (CVJ1), insert the program relevance review of extramural (5) facilitates collaboration among, and following: research applications by use of integration of, science and prevention Office of the Associate Director for consultant expert panels; (3) makes programs throughout NCHHSTP and Science (CVJ12). (1) Ensures process recommendations to the appropriate enhances the coordination and consistency for science across the CIOs; infectious disease center director on integration of HIV, STD, viral hepatitis, (2) facilitates cross-center decision- award selections and staff members and TB prevention services for making regarding science; (3) facilitates serve as the program officials in individuals and populations at communication regarding scientific and conjunction with CDC grants increased risk for more than one of these programmatic services across the Office management and policy officials to infections; (6) coordinates the of Infectious Diseases (OID); (4) implement and monitor the scientific, integration of CDC funding of state and conducts necessary regulatory and technical, and administrative aspects of local health departments for HIV, STD, ethical reviews for activities involving awards; (4) facilitates scientific viral hepatitis, and TB prevention; (7) human participants, including collaborations between external and maximizes center-wide collaboration to determining whether an activity internal investigators; (5) disseminates promote and support Program includes research, includes human and evaluates extramural research Collaboration and Service Integration subjects, is exempt or requires progress, findings, and impact; and (6) (PCSI) in state and local HIV/AIDS, viral Institutional Review Board approval, coordinates and executes objective hepatitis, STD and TB programs to and whether an exception is needed to review, including the special emphasis increase efficiencies and provide the Public Health Service HIV policy; panel (SEP) process for funding of CDC comprehensive evidence based (5) reviews funded activities for infectious disease non-research grants prevention services to impacted application of human research and cooperative agreements. populations; (8) develops partnership regulations; (6) reviews, approves, and Office of Management and Program objectives and strategies for advancing tracks research protocols, clinical Support (CVJ15). (1) Helps implement center priorities (e.g., on cross-cutting investigations, and the Food and Drug and enforce management and operations functions PCSI, reducing health Administration regulated response policies and guidelines developed by

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62556 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

federal agencies, DHHS, and Staff to financial management; (19) serves as appropriate; and (16) serves as liaison to Service Offices (SSO); (2) plans, focal point for emergency operations key offices for obtaining CDC and HHS develops, implements, and provides and deployment; (20) manages and media clearance on products/activities. oversight and quality control for center- coordinates workforce development and Health Communication Science Office wide policies, procedures, and practices succession planning activities within (CVJ17). (1) Serves as the principal for administrative management and NCHHSTP in collaboration with advisor to NCHHSTP on communication acquisition and assistance mechanisms, internal and external partners, and and marketing science, research and including contracts, memoranda of coordinates the recruitment, practice; (2) provides oversight to agreement, and cooperative agreements; assignment, technical supervision, and ensure the quality and science of health (3) provides management and career development of staff with communication and marketing coordination of NCHHSTP-occupied emphasis on developing and supporting campaigns and products created by space and facilities; (4) supplies diversity initiatives and equal NCHHSTP and its divisions; (3) serves technical guidance and expertise opportunity goals; (21) facilitates the as NCHHSTP clearance office for health regarding occupancy and facilities assignment of field staff in accordance communication campaigns and management to emergency situations; with CDC and NCHHSTP priorities and products; develops and manages (5) provides oversight and management objectives and reassesses the role of clearance systems; (4) provides strategic of the distribution, accountability, and NCHHSTP field staff assignees to state planning and coordination for maintenance of CDC property and and local health jurisdictions; and (22) NCHHSTP communication and equipment; (6) provides oversight, provides center-wide training to marketing programs in collaboration with OD and division-level staff; (5) quality control, and management of supervisors, managers and team leaders. collaborates with NCHHSTP policy and NCHHSTP records; (7) serves as lead Office of Program Planning and Policy media relations staff to ensure and primary contact and liaison with Coordination (CVJ16). (1) Identifies consistent and timely translation of relevant SSO on all matters pertaining program priorities through strategic center-specific health information; (6) to the center’s procurement needs, planning and other processes as executes communication activities to policies, and activities; (8) develops, appropriate; (2) oversees the support strategic goals and objectives of reviews, and implements policies, development of the center’s the NCHHSTP OD and activities to performance plan and performance methods and procedures for NCHHSTP support division-level programs; (7) non-research extramural assistance reports to ensure accountability and coordinates and provides center input programs; (9) interprets general policy improve programs and activities; (3) on communication activities; (8) directives, proposed legislation, and coordinates with the center director and coordinates CDC and NCHHSTP brand appropriation language for implications management officer the formulation of management; (9) provides oversight and on management and execution of the NCHHSTP budget; (4) liaises with consultation on partnership center’s programs; (10) provides the CDC SSOs on Congressional, development and partner/stakeholder consultation and technical assistance to legislative, and other inquiries; (5) communication; (10) develops and NCHHSTP program officials in the maintains liaison with Congress on manages partner relationships in planning, implementation, and matters including appropriations, collaboration with NCHHSTP divisions administration of assistance programs; legislative bill tracking, and legislative and CDC CIOs; (11) coordinates (11) develops and implements objective requests, testimony for hearings, partnership strategies across NCHHSTP review processes, including use of SEP congressional inquiries, etc.; (6) divisions; (12) manages communication process for competitive application develops policy- and program-related infrastructure for NCHHSTP cycles; (12) oversees the formulation of materials, and talking points; (7) partnerships; (13) oversees management, the NCHHSTP budget and responds to oversees the preparation and routing of policy guidance, and governance of inquiries related to the budget; (13) controlled correspondence; (8) NCHHSTP digital channels and Web provides technical information services maintains liaison with key CDC offices sites per HHS and CDC policy for the to facilitate dissemination of relevant and individuals working on public use of communication technologies; (14) public health information and facilitates health policies and legislative issues; (9) provides coordination and conducts collaboration with national health serves as liaison to governmental and activities to support NCHHSTP’s activities, CDC components, other nongovernmental partners on policy- presence on networked media, such as agencies and organizations, and foreign related issues; (10) oversees priority social and mobile media; and (15) governments on international health issues management and proactive and collects/analyzes user data/metrics from activities; (14) provides oversight for the reactive strategic media efforts; (11) communication channels and programmatic coordination of HIV, STD, conducts environmental analysis in technologies to assess system viral hepatitis, and TB activities response to short-term issues to be performance, usability, accessibility, between NCHHSTP and other CIOs; shared with leadership and program and usefulness. develops recommendations to the CDC managers; (12) works with the Health Delete items (15) and (16) of the Director as the lead CIO for these Communication Science Office to functional statement for the Office of the programs for the distribution of HIV, coordinate communication strategy and Director (CVJB 1), Division of HIV/ STD, viral hepatitis, and TB funds CDC- manage short-term issues; (13) AIDS, Prevention-Intervention Support wide; (15) provides guidance and formulates strategic media objectives for (CVJB), and insert the following: (15) coordination to divisions on cross- advancing program priorities and Collaborates with other branches, divisional negotiated agreements; (16) addressing identified long-range issues; divisions, and CIOs to synthesize HIV facilitates state and local cross- and oversees the implementation of prevention research findings and divisional issues identification and strategic media plans through several translate them into prevention practice; solutions; (17) in coordination with the functional areas; (14) develops and and (16) collaborates, as appropriate, Office of Program Planning and Policy implements all proactive media with other divisions and offices of Coordination, responds to Congress as outreach and reactive media responses NCHHSTP, and with other CIOs needed; (18) serves as NCHHSTP liaison for the center; (15) provides media throughout CDC in carrying out these to relevant SSOs for all matters related training and technical assistance, as activities.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62557

Delete item (1) of the functional following: (3) Provides leadership in international, state, and local TB statement for the Prevention Program developing research in epidemiology, programs; (4) co-chairs and coordinates Branch (CVJBC), and insert the surveillance, and other scientific aspects administrative support for the Federal following: (1) In collaboration with state of HIV/AIDS prevention, and in TB Task Force, and supports and and local public health and non- coordinating activities between the collaborates with the National governmental national/regional and division and other NCHHSTP divisions, Tuberculosis Controllers Association local partners, CIOs, and other federal CIOs, and national-level prevention and the Tuberculosis Education and agencies, develops and implements partners who influence HIV/AIDS Training Network to promote effective programs, policies, and activities that prevention programs involved in HIV/ national communications and enable and mobilize affiliates and AIDS investigations and research; and coordinated feedback on urgent policy communities to become involved with, (10) collaborates, as appropriate, with and program performance issues; (5) and support, local and statewide other divisions and offices of supports development of TB patient strategic community planning that NCHHSTP, and with other CIOs education materials and interventions, improves HIV prevention programs and throughout CDC. capacity development, and access to activities. After item (10) of the functional medical consultation; (6) provides Delete in its entirety the title and statement for the Office of the Director national and supranational reference function statement for the Program (CVJD1), Division of Sexually laboratory function for identification, Evaluation Research Branch (CVJBD), Transmitted Disease Prevention (CVJD), drug susceptibility testing of and insert the following: add the following: and (11) manages the Mycobacterium tuberculosis; (7) fosters Program Evaluation Branch (CVJBD). Tuskegee Participants Health Benefits patient-centered measures, including (1) Evaluates the effectiveness and Program. directly-observed therapy, to promote impact of HIV prevention interventions, After the functional statement for the adherence with long-term treatment for strategies, policies, and programs as Statistics and Data Management Branch practiced or implemented by CDC- (CVJDH), add the following: improvements in well-being and funded public health agencies and Field Services Branch (CVJDJ). (1) In interruption in community transmission organizations at the national/regional collaboration with the Program and of M tuberculosis; (8) promotes targeted and state/local levels; (2) collaborates Training Branch assigns Public Health testing of idemiologically-defined at-risk within DHAP, with HIV prevention Advisors to state and local health populations and treatment of persons program grantees, and with other departments; (2) provides state and local with latent TB; (9) conducts national partners to systematically health departments technical assistance epidemiologic, laboratory, behavioral, collect, process, and use HIV prevention with the development and health systems, and clinical research; program data for program planning and implementation of strategies for (10) supports patient and provider improvement; (3) collaborates in the addressing the STD burden; (3) provides research to identify barriers and conduct of evaluation research activities state and local health departments facilitators to TB services; (11) supports and economic evaluations of HIV assistance with developing, multicenter consortia for epidemiologic, prevention activities; (4) seeks to implementing and evaluating core laboratory, diagnostics, clinical, and advance the methodology of HIV public health activities to reduce the vaccine development research; (12) prevention evaluation through CDC incidence, strengthen public, private develops and applies mathematical TB evaluation activities and with the field clinical and community-based transmission models to forecast future of program evaluation more broadly; partnerships; and (4) promotes and incidence and prevalence trends; (13) and (5) collaborates with other branches enhances capacity-building within state provides leadership and formulates as they develop, test, and disseminate and local health departments through national and global policies and models for quality assurance of consultation, demonstration and guidelines; (14) provides technical programs and services. technical expertise. supervision and training to federal Delete in its entirety the title and Delete in their entirety the functional assignees working in international, function statement for the Technical statements for the Division of state, and local TB control programs; Information and Communications Tuberculosis and Elimination (CVJE), (15) develops training and educational Branch (CVJBG), and insert the and Office of Director (CVJE1), and materials, and provides technical following: insert the following: assistance on communications and Prevention Communications Branch Division of Tuberculosis Elimination training needs; (16) participates in the (CVJBG). (1) Implements science and (CVJE). The Division of Tuberculosis development of policies and guidelines evidence based HIV/AIDS Elimination (DTBE) promotes health for TB prevention and control within communication programs and and quality of life by preventing, populations at high risk, such as approaches that target opinion leaders, controlling, and eventually eliminating persons infected with HIV or racial and stakeholders, persons at risk for and TB from the United States (U.S.), and by ethnic minorities; (17) provides living with HIV/AIDS and the general collaborating with other countries and programmatic consultation, technical public; (2) systematically translates and international partners in controlling TB assistance, and outbreak response disseminates science based messages worldwide. In carrying out its mission, assistance to other countries by through multiple communication the division conducts the following collaborating with national and channels; (3) effectively implements activities under each focus area: (1) international partners; (18) supports agenda setting and mobilization efforts; Administers and promotes a national technical activities and operational and (4) implements efficient internal program for the prevention, control, and research to reduce TB in foreign-born communication approaches targeting elimination of TB; (2) supports a populations; (19) provides leadership DHAP staff. nationwide framework for surveillance and technical support to the global Delete items (3) and (10) of the of TB and evaluation of national TB health initiatives for the prevention and functional statement for the Office of the prevention and control program control of TB and drug-resistant TB; Director (CVJC 1), Division of HIV/ performance; (3) provides programmatic (20) provides leadership and technical AIDS, Prevention-Surveillance and consultation, technical assistance, and support to the World Health Epidemiology (CVJC) and insert the outbreak response assistance to Organization (WHO)-hosted Stop TB

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62558 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Partnership for implementation of the World Bank, the International Union persons at high risk for TB; and Global Plan to Stop TB and Millennium Against Tuberculosis and Lung Diseases develops, conducts, and coordinates Development Goals; (21) monitors (IUATLD), United States Agency for training courses on TB for state and big progress and trends towards TB International Development (USAID), city TB program managers and nurse elimination; (22) monitors progress and others, in assessing and meeting TB consultants; (14) based on needs towards CDC, Healthy People 2010, and training, education, and communication assessments, develops and conducts or the Government Performance Results needs in other countries; (5) provides coordinates training courses and Act goals; (23) provides progress reports consultation and assistance in materials for staff who train and/or to, and solicits advice from, the coordinating TB training, education, supervise front-line TB program staff Advisory Council for the Elimination of behavioral studies and interventions, (15) provides oversight in the planning, Tuberculosis (ACET); and (24) facilitates and communication activities carried coordination, and maintenance of the partnerships with affected communities, out by other CDC programs, Regional division’s Internet and Intranet Web nongovernmental, professional, and Training and Medical Consultation sites; (16) conducts and/or coordinates global organizations. Centers, and Stop TB USA members, communications programs designed to Office of the Director (CVJE1). (1) and develops, markets, and maintains build public support and sustain public Provides leadership and guidance in electronic mailing lists for persons with interest and commitment to the program planning and management, TB-related education, training, and elimination of TB; (17) conducts policy formulation, and development of communication responsibilities; (6) communications research and identifies training, surveillance, and research develops, plans, and coordinates communications resources available for programs in TB; (2) directs and agendas necessary to conduct TB health department TB control officers evaluates the operations of the division; conferences and workshops sponsored and senior managers, TB nurse (3) establishes contact with, and by the division; (7) provides DTBE consultants, and for senior staff carrying promotes TB activities of, other national coordination and oversight and out TB activities in other programs or and international organizations which technical information for CDC INFO; (8) facilities serving persons at high risk for have an important role to play in organizes and maintains scientific and TB; (18) coordinates graphic support to achieving TB elimination; (4) the division and senior field staff; (19) non-scientific information resources coordinates administrative and provides coordination and oversight for related to TB; (9) conducts formative logistical support services for the division responses and relations with research and evaluation on approaches division; (5) provides consultation and the media and public and serves as to patient, provider, and public assistance in writing reports for point of contact for telephonic, written, education, and conducts research on presentation at local, regional, national, and electronic (e-mail) requests for individual and social factors affecting and international scientific meetings information from the media and public; health-care seeking behavior and and for publication in scientific (20) develops, coordinates, and staffs treatment outcomes related to TB; (10) journals; (6) coordinates and tracks the divisions exhibit booth at based on research findings, develops materials for purposes of clearance and conferences/meetings; (21) provides approval for publications and behavioral interventions targeted to oversight and coordination for TB presentations; (7) presents findings at health care providers, persons with or at related voice and Web-based TB national and international scientific risk for TB, and other high-risk information, training, and education meetings; (8) presents division overview populations; (11) provides consultation resources; (22) maintains inventory of at the ACET meetings; (9) collaborates to national and international TB training opportunities and and coordinates division activities with organizations on behavioral research coordinates with employees and other components of NCHHSTP and needs and study designs; on the supervisors for training necessary to CDC; (10) provides technical support to technical transfer of behavioral research carry out their duties; and (23) presents ACET; (11) provides administrative and findings into TB program practice and communications issues to ACET and at technical support for the Stop TB USA TB training and educational strategies; national and international scientific (previously the National Coalition for and provides consultation, technical meetings. the Elimination of Tuberculosis) and the assistance, and coordination to other Delete in its entirety the title and Federal TB Task Force; and (12) branches within the division regarding function statement for the Clinical and provides leadership and technical development and implementation of Health Systems Research Branch expertise to the global Stop TB behavioral interventions and training for (CVJEE), and insert the following: partnership. branch specific activities such as Report Clinical Research Branch (CVJEE). Delete in its entirety the functional of Verified Case of Tuberculosis, (1) Assesses the need for and conducts statement for the Communications, Aggregate Reports for Program studies of new or existing drugs and Education, and Behavioral Studies Evaluation, and surveillance activities; regimens used in the prevention and Branch (CVJEB), and insert the (12) presents findings at national and treatment of TB, including dosage, following: scientific meetings and develops, duration, pharmacokinetics and (1) Provides technical assistance to disseminates, and evaluates training and toxicity; (2) supports the TB Trials health departments and other health educational materials and courses Consortium in the conduct of studies of care providers in assessing and meeting providing TB information to the new treatments for active TB and latent their TB training, education, and scientific and public health TB infection; (3) supports coordinated communication needs; (2) provides communities, as well as the general and standardized data management for technical expertise to assess the impact population; (13) conducts training and branch research, and serves as the Data of training and education activities by education needs assessments; identifies and Coordinating Center for the TB health departments; (3) provides resources available for health Trials Consortium, collaborating as technical assistance to health department TB control officers and needed with both internal and external departments and other TB health care senior managers, TB nurse consultants, partners; (4) collaborates with private providers regarding behavioral studies TB training and education directors and and public institutions in the area of research and intervention development; for senior staff carrying out TB activities vaccine development; (5) provides (4) collaborates with the WHO, the in other programs or facilities serving clinical support and oversight for the

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62559

distribution of investigational drugs for assists with the evaluation of overseas the diagnosis and prevention of TB; (11) the treatment and prevention of TB by TB screening procedures for immigrants develops tissue culture and animal CIOs/Scientific Resources/Drug Service; and refugees; (3) conducts and models of TB and conducts studies on (6) assesses the need for and conducts coordinates operational research and chemotherapy, immunotherapy, clinical and field trials of more specific demonstration projects to improve both pathogenesis, pathology, and vaccines and rapid tests to diagnose active TB the overseas screening for TB of for TB; (12) prepares manuscripts for and latent TB infection and to identify immigrants and refugees and the publication in scientific journals; (13) drug-resistant TB in collaboration with domestic follow-up of those entering presents findings at national and the Laboratory Branch; (7) collaborates with suspected TB (in collaboration international scientific meetings; (14) with and provides consultation and with other CIOs); (4) promotes the supervises and trains fellows in technical assistance to national and improved recognition and management temporary or multi-year educationally- international organizations on the of TB among the foreign-born through based programs in endeavors related to design and conduct of clinical trials and epidemiological analyses of national TB the mission of the branch; and (15) research needs; (8) conducts, surveillance data and special studies on presents laboratory issues to ACET and participates in, and collaborates with the U.S./Mexico border and in countries at national and international scientific other DTBE units in research on contributing to foreign-born TB cases in meetings. clinical, epidemiologic, immunologic the U.S.; (6) collaborates with the nation Dated: September 27, 2010. of Botswana, WHO, the World Bank, and genetic aspects of TB prevention William P. Nichols, and control; (9) collaborates in contact IUATLD, USAID, and others, to conduct investigations into the diagnosis, Chief Operating Officer, Centers for Disease investigation research with other Control and Prevention. management, and prevention of TB in branches and local programmatic areas; [FR Doc. 2010–25427 Filed 10–8–10; 8:45 am] (10) conducts multidisciplinary studies persons with and without HIV infection. BILLING CODE 4160–18–M (including the analysis of behavioral, Delete in its entirety the title and economic, and epidemiologic factors) of function statement for the health care systems to assess the cost, Mycobacteriology Laboratory Branch (CVJEJ), and insert the following: DEPARTMENT OF HEALTH AND effectiveness, and impact of public HUMAN SERVICES health policies, programs, and practices Laboratory Branch (CVJEJ). (1) Serves on TB outcomes to further the goal of as the national reference laboratory in Agency for Toxic Substances and TB elimination in the U.S., and targets support of the mission of DTBE, Disease Registry these studies toward various fulfilling public health function in populations at high risk for TB, leadership, clinical and consultative Statement of Organization, Functions, service, and research; (2) provides including persons from high TB and Delegations of Authority laboratory support for epidemic prevalent countries, homeless persons, investigations, surveillance activities, Part J (Agency for Toxic Substances HIV-infected persons, residents of and special studies of TB, in and Disease Registry) of the Statement correctional facilities, substance collaboration of other branches; (3) of Organization, Functions, and abusers, and health care workers; (11) administers contracts to provide Delegations of Authority of the provides consultation and training to Mycobacterium tuberculosis Department of Health and Human local, state, national, and international genotyping, maintains a national Services (50 FR 25129–25130, dated organizations, and to TB program field database of genotypes, and conducts June 17, 1985, as amended most staff, on design and conduct of clinical operational research to implement recently at 73 FR 20293, dated April 15, trials, TB therapeutics and diagnostics, genotyping; (4) develops and evaluates 2008) is amended to reflect the health care systems research needs, new methods to subtype M tuberculosis reorganization of the Agency for Toxic decision and economic analyses, for epidemiologic studies; (5) serves as Substances and Disease Registry. evaluation techniques, qualitative primary CDC focus for diagnostic Section J–B, Organization and research methods, and research on TB laboratory services for TB; (6) Functions, is hereby amended as transmission; (12) has responsibility for administers grants and cooperative follows: After the title and function divisional engagement in preparing for agreements with states and others to statement for the Office of Policy, and participating in trials of new TB upgrade laboratory activities and Planning, and Evaluation (JAA3), Office vaccines; (13) reports study results to provide special services; (7) provides of the Director (JAA), Office of the public health practitioners through reference diagnostic services, Administrator (JA), Agency for Toxic direct communication, articles in consultation, technical assistance, and Substances and Disease Registry (J), scientific journals and CDC training to state, federal, and municipal insert the following: publications, and oral and poster public health laboratories; (8) provides Office of Communication (JAA7). The presentations at national and laboratory support, reference services, Office of Communication (OC): (1) international scientific meetings; (14) assessment, consultation, and training Serves as the principal advisor to the provides input into statements and for CDC’s international TB activities; (9) Agency Assistant Administrator and guidelines issued by the CDC, the develops, evaluates, or improves divisions on communication and ACET, and professional organizations; conventional and molecular methods for marketing science, research, practice, and (15) presents research issues and the detection, classification, and public affairs; (2) leads agency findings to ACET and at national and identification, characterization, and strategic planning for communication international scientific meetings. susceptibility testing of M tuberculosis; and marketing science and public affairs Delete items (2), (3), (4), and (6) of the (10) conducts studies to define the role programs and projects; (3) analyzes functional statement for the of bacterial virulence factors, host context, situation, and environment to International Research and Programs factors, and pathogenic and inform agency-wide communication and Branch (CVJEI1D), and insert the immunologic mechanisms in disease marketing programs and projects; (4) following: (2) Coordinates the processes and protective immunity in ensures use of scientifically sound assessment of immigration and its mycobacteria, and develops, evaluates, research for marketing and impact on TB patterns in the U.S. and and improves immunologic methods for communication programs and projects;

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62560 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

(5) ensures accurate, accessible, timely, DEPARTMENT OF HOMELAND are to respond, including through the and effective translation of science for SECURITY use of appropriate automated, use by multiple audiences; (6) leads electronic, mechanical, or other identification and implementation of United States Immigration and technological collection techniques or information dissemination channels; (7) Customs Enforcement other forms of information technology, provides communication and marketing e.g., permitting electronic submission of Agency Information Collection responses. project management expertise; (8) Activities: Extension of a Currently collaborates with external organizations Approved Information Collection; Overview of This Information and the news, public service, and Comment Request Collection entertainment and other media to (1) Type of Information Collection: ensure that scientific findings and their ACTION: 30-Day Notice of Information Extension of a currently approved implications for public health reach the Collection for Review; Application for Information Collection. intended audiences; (9) collaborates Stay of Deportation or Removal, Form I–246, OMB No. 1653–0021. (2) Title of the Form/Collection: closely with divisions to produce Application for Stay of Deportation or materials tailored to meet the The Department of Homeland Removal. requirements of news and other media Security, U.S. Immigration and Customs (3) Agency form number, if any, and channels, including press releases, Enforcement (ICE), is submitting the the applicable component of the letters to the editor, public service following information collection request Department of Homeland Security announcements, television for review and clearance in accordance sponsoring the collection: I–246; U.S. programming, video news releases, and with the Paperwork Reduction Act of Immigration and Customs Enforcement. other electronic and printed materials; 1995. The Information Collection was (4) Affected public who will be asked (10) coordinates the development and previously published in the Federal or required to respond, as well as a brief maintenance of accessible public Register on July 15, 2010, Vol. 75, No. abstract: Primary: Individual or information through the Internet, social 135, 41214, allowing for a 60-day public Households, Business or other non- media and other applicable channels; comment period. ICE received no profit. The information collected on the (11) supervises and manages a comments on this Information Form I–246 is necessary for U.S. comprehensive records management Collection from the public during this Immigration and Customs Enforcement activity in accordance with National 60-day period. The purpose of this (ICE) to make a determination that the Archives and Records Administration notice is to allow an additional 30 days eligibility requirements for a request for standards and CERCLA legislative for public comments. Comments are a stay of deportation or removal are met requirements; (12) provides training and encouraged and will be accepted for by the applicant. thirty days until November 12, 2010. technical assistance in the areas of (5) An estimate of the total number of Written comments and suggestions respondents and the amount of time health communication, risk from the public and affected agencies communication, social marketing, and estimated for an average respondent to regarding items contained in this notice respond: 10,000 responses at 30 minutes public affairs; (13) provides editorial and especially with regard to the (.50 hours) per response. services, including writing, editing, and estimated public burden and associated (6) An estimate of the total public technical editing; (14) supervises and response time should be directed to the burden (in hours) associated with the manages OC activities, programs, and Office of Information and Regulatory collection: 5,000 annual burden hours. staff; (15) serves as liaison to internal Affairs, Office of Management and Requests for a copy of the proposed and external groups to advance the Budget. Comments should be addressed information collection instrument, with agency’s mission; (16) collaborates with to the OMB Desk Officer for U.S. instructions; or inquiries for additional the CDC Office of the Associate Director Immigration and Customs Enforcement, information regarding this Information for Communication on media relations, Department of Homeland Security, and Collection should be requested electronic communication, health media sent via electronic mail to _ via e-mail to: [email protected] with production, and brand management oira [email protected] or faxed ‘‘ICE Form I–246’’ in the subject line. to (202) 395–5806. Written comments activities; and (17) collaborates with Dated: October 5, 2010. CDC Centers/Institute/Offices in the and suggestions from the public and Joseph M. Gerhart, development of marketing affected agencies concerning the Chief, Records Management Branch, U.S. communications targeted to populations proposed collection of information should address one or more of the Immigration and Customs Enforcement, that would benefit from a cross- following four points: Department of Homeland Security. functional approach. (1) Evaluate whether the proposed [FR Doc. 2010–25555 Filed 10–8–10; 8:45 am] Dated: September 27, 2010. collection of information is necessary BILLING CODE 9111–28–P William P. Nichols, for the proper performance of the functions of the agency, including Chief Operating Officer, Centers for Disease DEPARTMENT OF HOMELAND Control and Prevention. whether the information will have SECURITY [FR Doc. 2010–25221 Filed 10–8–10; 8:45 am] practical utility; (2) Evaluate the accuracy of the BILLING CODE 4160–70–M agency’s estimate of the burden of the Coast Guard proposed collection of information, [Docket No. USCG–2010–0618] including the validity of the methodology and assumptions used; Exemption and Equivalent (3) Enhance the quality, utility, and Arrangements Under the International clarity of the information to be Convention on Load Lines, 1966, as collected; and Modified by the Protocol of 1988 (4) Minimize the burden of the collection of information on those who AGENCY: Coast Guard, DHS.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62561

ACTION: Notice of issuance and The most familiar load line feature is ICLL includes provisions that give availability. the well-known ‘‘Plimsoll mark’’ visible Administrations (signatory member on each side of the hull. However, load nations) some degree of flexibility in SUMMARY: The Coast Guard announces lined vessels must also meet specific applying the regulations to vessels of that it has recently notified the design and construction requirements. unusual form or service. In addition, 46 International Maritime Organization The purpose of load line assignment is U.S.C. 5108 (‘‘Special Exemptions’’) (IMO) of issuance of an exemption to ensure the over-all seaworthiness of permits exemption of a vessel from the under the International Convention on the intact (undamaged) vessel. Ocean load lines requirements when ‘‘(1) the Load Lines (ICLL) covering reduced service load lines allow unrestricted vessel is entitled to an exemption under ‘‘working freeboard’’ exemptions for operations on any ocean, at any time of an international agreement to which the hopper dredges. In addition, the Coast year (an extreme example being winter United States is a party; or (2) under Guard announces completion and in the North Atlantic). This is regulations (including regulations on availability of the DR–68 reduced accomplished by load line requirements special operations conditions) freeboard standards for hopper dredges. that ensure: A robust hull that can prescribed by the Secretary, the The Coast Guard also notified IMO of withstand severe sea conditions, the Secretary finds that good cause exists approved equivalent arrangements, as weathertight and watertight integrity of for granting an exemption.’’ When an permitted by the ICLL and U.S. critical openings, sufficient reserve exemption is granted, a certificate of regulations, regarding hatch covers for buoyancy and freeboard, and accurate exemption may be issued. hopper dredges and barges that meet stability and loading information Exemptions: Both ICLL Article 6(2) ‘‘flooded hopper’’ stability criteria. This provided on board. and 46 CFR 42.03–30 authorize the notice may be of special interest to the To that effect, the ICLL prescribes 44 exemption of any vessel which U.S. dredging industry and naval regulations that pertain to the design embodies features of a novel kind from architecture, and marine engineering and construction of a ship, an additional load lines requirements that might firms. five regulations specifically for vessels impede research and development of that carry timber deck cargoes, and such novel features. Under both DATES: The Coast Guard issued formal seven regulations that divide the oceans provisions, however, the relevant notification to the IMO of equivalent into zones and areas on the basis of authority is required to ensure the over- arrangements for hatch covers for seasonal weather criteria. The United all safety of the vessel for the service certain unmanned open hopper barges States regulations for a domestic ocean intended. on March 30, 2009. We issued formal service load line (in 46 CFR Part 42) Equivalents: Both ICLL Article 8 and notification to the IMO of equivalent implement Chapter 51 of Title 46 of the 46 CFR 42.03–20 allow the approval of arrangements for hatch covers for United States Code. any alternative fitting, material, certain manned, self-propelled open appliance, apparatus, or other provision, United States and ICLL Regulations hopper dredges on November 12, 2009. provided that the alternative is as We issued formal notification to the As stipulated in 46 CFR 42.03–5, most effective as that required by the IMO of reduced freeboard exemptions commercial United States vessels more Convention. for hopper dredges on April 7, 2010. than 79 feet long that operate outside IMO Notification: When approving an ADDRESSES: More information on load the Boundary Line are required to have exemption or equivalency under the lines can be found on the Coast Guard a load line assignment. Those United authority of either Article 6(2) or 8, the load line website at: http:// States vessels that go on voyages to Administration is required to submit a www.uscg.mil/hq/cg5/cg5212/ foreign ports must have an international notification to IMO, describing the loadlines.asp. This notice, the IMO load line assignment issued in issue, the reasons for the notifications, and DR–68 are available in accordance with the ICLL. United States Administration’s decision, and the the docket and can be viewed by going vessels that operate outside the alternative arrangement that was to http://www.regulations.gov, inserting Boundary Line on domestic voyages approved (if applicable). IMO then USCG–2010–0618 in the ‘‘Keyword’’ only (i.e., coastwise, Great Lakes, or circulates the notification among all box, and then clicking ‘‘Search.’’ ocean voyages that return directly to a member Administrations for their FOR FURTHER INFORMATION CONTACT: Mr. U.S. port) must have a domestic United information. Thomas Jordan, United States Coast States load line assignment. Although most domestic and ICLL ICLL Exemptions for Hopper Dredges: Guard, Office of Design and Engineering Reduced Freeboards Standards, Naval Architecture Division load line requirements are appropriate (CG–5212), at telephone 202–372–1370, for laden cargo ships on the high seas, The Coast Guard has recently or by e-mail at some of the requirements can be overly approved reduced freeboard exemptions [email protected]. conservative—and burdensome—for for some United States dredges under certain service vessels that operate two special load line regimes: (1) SUPPLEMENTARY INFORMATION: nearshore under less-severe conditions. ‘‘working freeboard’’ and 2) DR67. However, under the ICLL and 46 CFR Background ‘‘Working Freeboard’’ 42.03–20 and 42.03–30, it is possible to The International Convention on Load relax those requirements—or exempt With few exceptions, vessels are Lines (ICLL), 1966 is one of several them entirely—if the vessel is still able prohibited from submersion of their international conventions administered to maintain the equivalent level of load line marks. This prevents by the IMO, a specialized agency of the safety intended by load line assignment. overloading and maintains sufficient United Nations. It was created to freeboard and reserve buoyancy for the establish ‘‘uniform principles and rules Exemption and Equivalency Authority high seas voyage. However, it is not with respect to the limits to which ships Under the ICLL and United States Law possible for hopper dredges to conduct on international voyages may be [safely] Recognizing the wide variety of dredging operations under the extreme loaded.’’ Chapter 51 (Load Lines) of Title commercial vessel types and realizing weather conditions anticipated by the 46 of the United States Code gives effect that not every regulation is necessarily load line regulations. Furthermore, to ICLL provisions. appropriate for every vessel design, the unlike cargo ships, hopper dredges have

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62562 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

the unique ability to quickly jettison the United Kingdom. Their exemption three standards should contact their their spoils cargo and regain thousands regime is titled ‘‘Guidelines for the load line issuing authority of tons of buoyancy. Therefore, the full Construction and Operation of Dredges (classification society), who will review freeboard for unrestricted ocean Assigned Reduced Freeboards,’’ but is the vessel for compliance with the Coast operation is unnecessary during generally referred to as ‘‘DR–67.’’ Like Guard’s criteria for the exemption or dredging operations. Permitting the the United States ‘‘working freeboard’’ equivalency. The classification society dredge to operate at a reduced freeboard regime, DR–67 sets out similar design will then make a recommendation to the (i.e., to submerge its marks) under and equipment requirements. However, Coast Guard Naval Architecture relatively benign weather conditions DR–67 differs from the United States Division (CG–5212) for approval. The allows it to safely carry more spoils per regime in that it is more flexible in its mailing address is Commandant (CG– run, thereby increasing its efficiency. weather restrictions, and can allow up 5212), U.S. Coast Guard, 2100 2nd Based on that consideration, there are to a 66% reduction in freeboard under Street, SW., Stop 7126, Washington, DC two special reduced freeboard sufficiently benign conditions. 20593–7126. exemption regimes that have been The European working group has This notice is issued under authority developed for qualified hopper dredges. revised and updated DR–67; the new of 5 U.S.C. 552 and 46 U.S.C. 5108. The first regime was established in revision is referred to as ‘‘DR–68.’’ The Dated: September 15, 2010. 1989 for United States dredges operating Coast Guard participated in this revision J.G. Lantz, in domestic waters, when the Coast effort to ensure that DR–68 is consistent Guard promulgated the ‘‘working Director, Office of Commercial Regulations with United States safety concerns and and Standards, U.S. Coast Guard. freeboard’’ load line regulations in 46 in order to provide United States dredge CFR 44.300 through 44.340. In order to operators with an alternative approach [FR Doc. 2010–25500 Filed 10–8–10; 8:45 am] qualify for the reduced ‘‘working for reduced freeboard assignment. BILLING CODE 9110–04–P freeboard’’ assignment, a dredge must Therefore, in accordance with the ICLL meet several design and equipment Article 6(2) and 46 CFR 42.03–30, and requirements: intact and two- on a case-by-case basis, the Coast Guard DEPARTMENT OF THE INTERIOR compartment damage stability, remote will authorize an ICLL Exemption Fish and Wildlife Service draft indicators, ability to jettison spoils Certificate that exempts the dredges under emergency conditions, etc. When from ICLL Article 12, which otherwise [FWS–R7–ES–2010–N192; 70120–1113– dredging at the reduced freeboard, it is prohibits submersion of the load line 0000–C4] operationally restricted to locations marks. within 20 nautical miles from a place of Endangered and Threatened Wildlife refuge, seas not exceeding 10 feet and ICLL Equivalents for Hopper Dredges and Plants; Notice of Availability of winds not exceeding 35 knots. Under and Barges: Hatch Covers Draft Recovery Plan for the Southwest these conditions, the dredge can be Ordinarily, load line regulations Alaska Distinct Population Segment of assigned a reduced ‘‘working freeboard’’ require hatch openings to be closed by the Northern Sea Otter of 50% of its normal freeboard weathertight hatch covers, since AGENCY: Fish and Wildlife Service, assignment. conventional cargo ships cannot survive Interior. Several United States hopper dredges extensive flooding of their cargo holds. have qualified for this domestic ACTION: Notice of document availability However, some open hopper vessels for review and public comment. ‘‘working freeboard’’ assignment over the (such as dredges, dump scows, etc.) can 20 years that the regime has been in be designed to maintain adequate SUMMARY: We, the U.S. Fish and existence. The Coast Guard has now buoyancy and stability even with Wildlife Service (Service), announce the reviewed this domestic regime and flooded hoppers. For such vessels, this availability of our draft recovery plan determined that it is equally suitable for stability characteristic provides an for the southwest Alaska Distinct international service. For purposes of equivalent level of safety to the hatch Population Segment (DPS) of the ICLL assignment, dredges that meet the covers; therefore, hatch covers are northern sea otter (Enydra lutris ‘‘working freeboard’’ criteria of 46 CFR unnecessary and may actually interfere kenyoni), listed as threatened under the 44.300 embody ‘‘novel features’’ as with other aspects of the vessel design. Endangered Species Act of 1973, as contemplated by ICLL Article 6(2) In accordance with the ICLL Article 8 amended (Act). Our recovery plan (discussed above). When operated in and 46 CFR 42.03–20, the Coast Guard describes the status, current conjunction with appropriate weather will, on a case-by-case basis, approve management, recovery objectives and restrictions, they may safely operate at equivalent arrangements from ICLL criteria, and specific actions needed to the reduced freeboard. Therefore, in Regulation 14 (requirement for hatch enable us to delist the southwest Alaska accordance with the ICLL Article 6(2) covers). DPS. We request review and comment and 46 CFR 42.03–30, and on a case-by- Coast Guard Notifications to IMO on our plan from local, State, and case basis, the Coast Guard will Federal agencies and the public. We authorize an ICLL Exemption Certificate As required by the Convention, the will also accept any new information on that exempts the dredges from ICLL Coast Guard has already submitted the the species’ status throughout its range. Article 12, which otherwise prohibits requisite notifications to IMO. These DATES: We must receive written submersion of the load line marks. documents, as well as copies of DR–67 comments on or before February 9, and DR–68, are posted on-line at: DR–67 and DR–68 2011. However, we will accept http://www.regulations.gov (docket ID information about any species at any The second reduced freeboard regime number USCG–2010–0618). for hopper dredges was established in time. 2001 by a joint European working group Requesting Exemptions and ADDRESSES: Copies of the draft recovery of classification societies, the dredging Equivalencies plan are available by request from the industry, the shipbuilding industry, and Owners/operators of hopper dredges U.S. Fish and Wildlife Service, Marine regulatory officials from Belgium, or barges desiring an exemption or Mammals Management Office, 1011 East France, Germany, the Netherlands, and equivalency using any of the above Tudor Road, Anchorage, AK 99503;

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62563

telephone 907/786–3800; facsimile 907/ estimated that the DPS consisted of endangered; these are known as 786–3816. If you use a approximately 42,000 sea otters. ‘‘uplisting criteria.’’ telecommunications device for the deaf The magnitude of the population Specific actions to achieve recovery (TDD), call the Federal Information decline has varied over the range. In and delisting of the DPS are specified in Relay Service (FIRS) at 800–877–8339. some areas, numbers have declined by the recovery action outline and An electronic copy of the draft recovery more than an order of magnitude, while narrative. As demographic plan is also available at: http:// in other areas no decline has been characteristics of the population alaska.fws.gov/fisheries/mmm/ detected. To address such differences, constitute one of the three types of seaotters/recovery.htm. this recovery plan identifies five delisting criteria, population monitoring For how to submit comments, see management units (MUs) within the and population modeling are high ‘‘Request for Public Comments’’ under DPS: (1) Western Aleutian Islands; (2) priorities. Monitoring the status of the SUPPLEMENTARY INFORMATION. Eastern Aleutian Islands; (3) South kelp forest ecosystem in the Western FOR FURTHER INFORMATION CONTACT: Alaska Peninsula; (4) Bristol Bay; and Aleutian and Eastern Aleutian MUs is Douglas M. Burn, Wildlife Biologist, at (5) Kodiak, Kamishak, Alaska Peninsula. also a high priority, as results from such the above address or telephone number. The cause of the overall decline is not monitoring will be needed to evaluate known with certainty, but the weight of the ecosystem-based delisting criteria. SUPPLEMENTARY INFORMATION: evidence points to increased predation, Other high-priority actions include Background most likely by the killer whale (Orcinus identifying characteristics of sea otter orca), as the most likely cause. habitat, and ensuring that adequate oil Recovery of endangered or threatened Predation is therefore considered a animals and plants to the point where spill response capability exists in threat to the recovery of this DPS; southwest Alaska. As predation is they are again secure, self-sustaining however, other threats—including members of their ecosystems is a considered to be the most important infectious disease, biotoxins, threat to recovery, additional research primary goal of our endangered species contaminants, oil spills, food limitation, program and the Act (16 U.S.C. 1531 et on that topic is also a high priority. The disturbance, bycatch in fisheries, recovery implementation schedule seq.). To help guide the recovery effort, subsistence harvest, loss of habitat, and we are working to prepare recovery provides details regarding the timing, illegal take—are also considered in this cost, and agencies or entities plans for most listed species native to recovery plan. Threats are summarized the United States. The Act requires that responsible for implementing each in general, and their relative importance recovery action. The full cost of we develop recovery plans for listed is assessed for each of the five MUs. species, unless such a plan would not implementing this recovery plan over Most threats are assessed to be of low the next 5 years is approximately $15M, promote the conservation of a particular importance to recovery of the DPS; the species, and that we provide public of which $2.815M is for Priority 1 threats judged to be most important are actions. Securing adequate funding to notice and an opportunity for public predation (moderate to high importance) review and comment during recovery implement the plan is therefore also a and oil spills (low to moderate high priority. plan development. Recovery plans importance). Threats from subsistence describe actions considered necessary harvest, illegal take, and infectious Request for Public Comments for the conservation and survival of the disease are assessed to be of moderate We request written comments on the species, establish criteria for importance in the Kodiak, Kamishak, draft recovery plan. All comments reclassifying or delisting listed species, Alaska Peninsula MU, but of low received by the date specified in DATES and estimate time and cost for importance elsewhere. will be considered prior to finalization implementing needed recovery The goal of the recovery program is to of this recovery plan. If you wish to measures. control or reduce threats to the comment, you may submit your We listed the southwest Alaska DPS southwest Alaska DPS of the northern comments and materials concerning this of the northern sea otter as threatened sea otter to the extent that this DPS no recovery plan by one of these methods: on August 9, 2005 (70 FR 46366). For longer requires the protections afforded (1) You may submit written comments description, taxonomy, distribution, by the Act and therefore can be delisted. and information by mail or facsimile or status, breeding biology and habitat, and To achieve this goal, the recovery plan in person to the Alaska Regional Office a summary of factors affecting the identifies three objectives: (1) Achieve at the above address (see ADDRESSES). species, please see the final listing rule. and maintain a self-sustaining (2) You may send comments by Critical habitat was designated for this population of sea otters in each MU; (2) electronic mail (e-mail) to DPS on October 8, 2009 (74 FR 51988). maintain enough sea otters to ensure [email protected]. Please The southwest Alaska population that they are playing a functional role in include your name and return address ranges from Attu Island at the western their nearshore ecosystem; and (3) in your e- mail message. end of Near Islands in the Aleutians, mitigate threats sufficiently to ensure Comments and materials received, as east to Kamishak Bay on the western persistence of sea otters. Each of these well as supporting documentation used side of lower Cook Inlet, and includes objectives includes explicit criteria to in preparation of the recovery plan, will waters adjacent to the Aleutian Islands, determine if the objective has been met; be available for inspection, during the Alaska Peninsula, the Kodiak these are known as ‘‘delisting criteria.’’ normal business hours at the above archipelago, and the Barren Islands (see They stipulate that in order for the DPS Anchorage address (see ADDRESSES). Figure 3 of the February 11, 2004, to be removed from the Endangered and We specifically seek comments on the Proposed Listing Rule; 69 FR 6605). Threatened Species List, at least three of following: Within this range, sea otters generally the five MUs must have met the (1) Biological, commercial trade, or occur in nearshore, shallow waters less delisting criteria. Delisting should not other relevant data concerning any than 100 meters (m) (328 ft) in depth. be considered, however, if any MU threat (or lack thereof) to the species; This population experienced a rapid meets the criteria specified for uplisting (2) Additional information concerning decline in abundance of more than 50 to endangered. The plan also contains the range, distribution, and population percent since the late 1980s. At the time criteria to determine if the DPS should size of these species, including the of our 2005 final listing rule, we be considered for reclassification as location of any additional populations;

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62564 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

(3) Current or planned activities in the (‘‘the ’432 patent’’); U.S. Patent No. importation of certain toner cartridges subject area and their possible impacts 5,875,378 (‘‘the ’378 patent’’); U.S. and components thereof that infringe on these species; and Patent No. 6,009,291 (‘‘the ’291 patent’’); one or more of claim 1 of the ’032 (4) The suitability and feasibility of U.S. Patent No. 6,078,771 (‘‘the ’771 patent; claims 1–3, 32, 33, 36, and 42 of the recovery criteria, strategies, or patent’’); U.S. Patent No. 6,397,015 (‘‘the the ’169 patent; claims 1 and 2 of the actions described in the draft recovery ’015 patent’’); U.S. Patent No. 6,459,876 ’233 patent; claims 1 and 2 of the ’661 plan. (‘‘the ’876 patent’’); U.S. Patent No. patent; claims 1–3 of the ’432 patent; 6,816,692 (‘‘the ’692 patent’’); U.S. claims 1, 2, and 14 of the ’378 patent; Public Availability of Comments Patent No. 6,871,031 (‘‘the ’031 patent’’); claims 1 and 2 of the ’291 patent; claims Before including your address, phone U.S. Patent No. 7,139,510 (‘‘the ’510 1, 2, 5, 6, 10, and 15 of the ’771 patent; number, e-mail address, or other patent’’); U.S. Patent No. 7,233,760 (‘‘the claims 1, 2, 7, 10, 11, 14, 15, 17, 22, and personal identifying information in your ’760 patent’’); U.S. Patent No. 7,305,204 24 of the ’015 patent; claims 1–3 and 28 comment, you should be aware that (‘‘the ’204 patent’’). The complaint of the ’876 patent; claim 1 of the ’692 your entire comment—including your further alleges that an industry in the patent; claims 1, 3, 5, 8, and 10 of the personal identifying information—may United States exists as required by ’031 patent; claims 1 and 6 of the ’510 be made publicly available at any time. subsection (a)(2) of section 337. patent; claims 11, 12, and 14 of the ’760 While you can ask us in your comment The complainant requests that the patent; and claims 1, 7, 14, and 15 of the to withhold your personal identifying Commission institute an investigation ’204 patent, and whether an industry in information from public review, we and, after the investigation, issue an the United States exists as required by cannot guarantee that we will be able to exclusion order and cease and desist subsection (a)(2) of section 337; do so. orders. (2) For the purpose of the investigation so instituted, the following Authority: We developed our draft ADDRESSES: The complaint, except for are hereby named as parties upon which recovery plan under the authority of section any confidential information contained this notice of investigation shall be 4(f) of the Act, 16 U.S.C. 1533(f). We publish therein, is available for inspection served: this notice under section 4(f) Endangered during official business hours (8:45 a.m. (a) The complainant is: Species Act of 1973, as amended (16 U.S.C. to 5:15 p.m.) in the Office of the 1531 et seq.). Secretary, U.S. International Trade Lexmark International, Inc., 740 W. New Dated: September 8, 2010. Commission, 500 E Street, SW., Room Circle Road, Lexington, KY 40550. Gary Edwards, 112, Washington, DC 20436, telephone (b) The respondents are the following Acting Regional Director, Alaska Region, U.S. 202–205–2000. Hearing impaired entities alleged to be in violation of Fish and Wildlife Service. individuals are advised that information section 337, and are the parties upon [FR Doc. 2010–25538 Filed 10–8–10; 8:45 am] on this matter can be obtained by which the complaint is to be served: BILLING CODE 4310–55–P contacting the Commission’s TDD Ninestar Image Co. Ltd., (a/k/a Ninestar terminal on 202–205–1810. Persons Technology Co., Ltd.), No. 63 with mobility impairments who will Mingzhubei Road, Zhuhai 519075, INTERNATIONAL TRADE need special assistance in gaining access Guangdong, China. COMMISSION to the Commission should contact the Ninestar Image Int’l, Ltd., No. 63 Office of the Secretary at 202–205–2000. Mingzhubei Road, Zhuhai 519075, [Inv. No. 337–TA–740] General information concerning the Guangdong, China. Seine Image International Co. Ltd., Rm. In the Matter of: Certain Toner Commission may also be obtained by accessing its internet server at http:// 18, 9/F New Commercial Ctr., 9 on Lai Cartridges and Components Thereof; St, Sha Tin, New Territories, Hong Notice of Investigation www.usitc.gov. The public record for this investigation may be viewed on the Kong. Ninestar Technology Company, Ltd., AGENCY: U.S. International Trade Commission’s electronic docket (EDIS) Commission. at http://edis.usitc.gov. 150 Abbott Court, Piscataway, NJ 08854. ACTION: Institution of investigation FOR FURTHER INFORMATION CONTACT: Rett Ziprint Image Corporation, 19805 pursuant to 19 U.S.C. 1337. Snotherly, Esq., Office of Unfair Import Harrison Avenue, Walnut, CA 91789. Investigations, U.S. International Trade Nano Pacific Corporation, 377 Swift SUMMARY: Notice is hereby given that a Commission, telephone (202) 205–2599 Avenue, South San Francisco, CA complaint was filed with the U.S. Authority: The authority for 94080. International Trade Commission on institution of this investigation is IJSS Inc. (d/b/a TonerZone.com Inc. and August 20, 2010, under section 337 of contained in section 337 of the Tariff Inkjet Superstore), 1880 Century Park the Tariff Act of 1930, as amended, 19 Act of 1930, as amended, and in section East, #200, Los Angeles, CA 90067. U.S.C. 1337, on behalf of Lexmark 210.10 of the Commission’s Rules of Chung Pal Shin (d/b/a Ink Master), International, Inc. of Lexington, Practice and Procedure, 19 CFR 210.10 16635 Valley View, Cerritos, CA Kentucky. The complaint alleges (2010). 90703. violations of section 337 based upon the Scope of Investigation: Having Nectron International, Inc., 725 Park importation into the United States, the considered the complaint, the U.S. Two Drive, Sugarland, TX 77478. sale for importation, and the sale within International Trade Commission, on Quality Cartridges Inc., 162 44th Street, the United States after importation of October 5, 2010, ordered that— Brooklyn, NY 11232. certain toner cartridges and components (1) Pursuant to subsection (b) of Direct Billing International thereof by reason of infringement of section 337 of the Tariff Act of 1930, as Incorporated, (d/b/a Office Supply certain claims of U.S. Patent No. amended, an investigation be instituted Outfitter and d/b/a The Ribbon 5,337,032 (‘‘the ’032 patent’’); U.S. to determine whether there is a Connection), 5910 Sea Lion Place, Patent No. 5,634,169 (‘‘the ’169 patent’’); violation of subsection (a)(1)(B) of Suite 100, Carlsbad, CA 92010. U.S. Patent No. 5,758,233 (‘‘the ’233 section 337 in the importation into the E-Toner Mart, Inc., 1718 Potrero patent’’); U.S. Patent No. 5,768,661 (‘‘the United States, the sale for importation, Avenue, Suite #A, South El Monte, ’661 patent’’); U.S. Patent No. 5,802,432 or the sale within the United States after CA 91733.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62565

Alpha Image Tech, 1718 Potrero Avenue deemed to constitute a waiver of the Commission’s TDD terminal on (202) Suite #A, South El Monte, CA 91733. right to appear and contest the 205–1810. ACM Technologies, Inc., 2535 Research allegations of the complaint and this SUPPLEMENTARY INFORMATION: The Drive, Corona, CA 92882. notice, and to authorize the Commission has received a complaint Virtual Imaging Products Inc., 135 administrative law judge and the filed on behalf of Motorola Mobility, Ormont Drive Unit #14/15, North Commission, without further notice to Inc. on October 6, 2010. The complaint York, Ontario M9L 1N6, Acecom the respondent, to find the facts to be as alleges violations of section 337 of the Inc.—San Antonio. alleged in the complaint and this notice Tariff Act of 1930 (19 U.S.C. 1337) in (d/b/a Inksell.com), 14833 Bulverde and to enter an initial determination the importation into the United States, Road, San Antonio, TX 78251. and a final determination containing the sale for importation, and the sale Ink Technologies Printer Supplies, LLC, such findings, and may result in the within the United States after (d/b/a Ink Technologies LLC), 7600 issuance of an exclusion order or a cease importation of certain wireless McEwen Road, Dayton, OH 45459. and desist order or both directed against communication devices, portable music Jahwa Electronics Co., Ltd., 7–6 the respondent. and data processing devices, computers Hyunam-ri Bugi-myeon Chongwon- Issued: October 6, 2010. and components thereof. The complaint gun, Chungchongbuk-do, South Korea By order of the Commission. names as respondent Apple, Inc. of 363–920. Marilyn R. Abbott, Cupertino, CA. Huizhou Jahwa Electronics Co., Ltd., Secretary to the Commission. The complainant, proposed No. 10 JiangJun Road, ZhouTian respondents, other interested parties, Village, Quichang Town, Huiyang [FR Doc. 2010–25550 Filed 10–8–10; 8:45 am] and members of the public are invited District, Huizhou, Guangdong BILLING CODE 7020–02–P to file comments, not to exceed five Province, China. pages in length, on any public interest Copy Technologies, Inc., 130 James issues raised by the complaint. Aldredge Blvd., SW., Atlanta, GA INTERNATIONAL TRADE COMMISSION Comments should address whether 30336. issuance of an exclusion order and/or a Laser Toner Technology, Inc., 515 Notice of Receipt of Complaint; cease and desist order in this Wharton Circle SW., Atlanta, GA Solicitation of Comments Relating to investigation would negatively affect the 30336. the Public Interest public health and welfare in the United C & R Services, Incorporated, 2035 Fair States, competitive conditions in the Oaks Circle, Corinth, TX 76210. AGENCY: U.S. International Trade United States economy, the production Print-Rite Holdings Ltd., Unit 8, 10F, Commission. of like or directly competitive articles in Block A, MP Industrial, Centre, No. 18 ACTION: Notice. the United States, or United States Ka Yip Street, Chai Wan, Hong Kong. consumers. Union Technology Int’l (M.C.O.) Co., SUMMARY: Notice is hereby given that In particular, the Commission is Ltd. 14H, Nam Kwong Building, 223– the U.S. International Trade interested in comments that: 225 Avenida Drive, Rodrigo Commission has received a complaint (i) Explain how the articles Rodrigues, Macao. entitled In Re Certain Wireless potentially subject to the orders are used (c) The Commission investigative Communication Devices, Portable Music in the United States; attorney, party to this investigation, is and Data Processing Devices, (ii) identify any public health, safety, Rett Snotherly, Esq., Office of Unfair Computers and Components Thereof, or welfare concerns in the United States Import Investigations, U.S. International DN 2759; the Commission is soliciting relating to the potential orders; Trade Commission, 500 E Street, SW., comments on any public interest issues (iii) indicate the extent to which like Suite 401, Washington, DC 20436; and raised by the complaint. or directly competitive articles are (3) For the investigation so instituted, FOR FURTHER INFORMATION CONTACT: produced in the United States or are the Honorable Paul J. Luckern, Chief Marilyn R. Abbott, Secretary to the otherwise available in the United States, Administrative Law Judge, U.S. Commission, U.S. International Trade with respect to the articles potentially International Trade Commission, shall Commission, 500 E Street, SW., subject to the orders; and designate the presiding Administrative Washington, DC 20436, telephone (202) (iv) indicate whether Complainant, Law Judge. 205–2000. The public version of the Complainant’s licensees, and/or third Responses to the complaint and the complaint can be accessed on the party suppliers have the capacity to notice of investigation must be Commission’s electronic docket (EDIS) replace the volume of articles submitted by the named respondents in at http://edis.usitc.gov, and will be potentially subject to an exclusion order accordance with section 210.13 of the available for inspection during official and a cease and desist order within a Commission’s Rules of Practice and business hours (8:45 a.m. to 5:15 p.m.) commercially reasonable time. Procedure, 19 CFR 210.13. Pursuant to in the Office of the Secretary, U.S. Written submissions must be filed no 19 CFR 201.16(d)–(e) and 210.13(a), International Trade Commission, 500 E later than by close of business, five such responses will be considered by Street, SW., Washington, DC 20436, business days after the date of the Commission if received not later telephone (202) 205–2000. publication of this notice in the Federal than 20 days after the date of service by General information concerning the Register. There will be further the Commission of the complaint and Commission may also be obtained by opportunities for comment on the the notice of investigation. Extensions of accessing its Internet server (http:// public interest after the issuance of any time for submitting responses to the www.usitc.gov). The public record for final initial determination in this complaint and the notice of this investigation may be viewed on the investigation. investigation will not be granted unless Commission’s electronic docket (EDIS) Persons filing written submissions good cause therefor is shown. at http://edis.usitc.gov. Hearing- must file the original document and 12 Failure of a respondent to file a timely impaired persons are advised that true copies thereof on or before the response to each allegation in the information on this matter can be deadlines stated above with the Office complaint and in this notice may be obtained by contacting the of the Secretary. Submissions should

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62566 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

refer to the docket number (‘‘Docket No. SUMMARY: The Commission hereby gives must file an entry of appearance with 2759’’) in a prominent place on the notice of the scheduling of full reviews the Secretary to the Commission, as cover page and/or the first page. The pursuant to section 751(c)(5) of the provided in section 201.11 of the Commission’s rules authorize filing Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) Commission’s rules, by 45 days after submissions with the Secretary by (the Act) to determine whether publication of this notice. A party that facsimile or electronic means only to the revocation of the countervailing duty filed a notice of appearance following extent permitted by section 201.8 of the order on hot-rolled steel from Brazil, the publication of the Commission’s notice rules (see Handbook for Electronic antidumping duty orders on hot-rolled of institution of the reviews need not Filing Procedures, http://www.usitc.gov/ steel from Brazil and Japan, and/or the file an additional notice of appearance. secretary/fed_reg_notices/rules/ suspended investigation on hot-rolled The Secretary will maintain a public documents/ steel from Russia would be likely to lead service list containing the names and handbook_on_electronic_filing.pdf ). to continuation or recurrence of material addresses of all persons, or their Persons with questions regarding injury within a reasonably foreseeable representatives, who are parties to the electronic filing should contact the time. The Commission has determined reviews. Secretary (202–205–2000). that these reviews are extraordinarily Limited disclosure of business Any person desiring to submit a complicated, and will therefore exercise proprietary information (BPI) under an document to the Commission in its authority to extend the review period administrative protective order (APO) confidence must request confidential by up to 90 days pursuant to 19 U.S.C. and BPI service list. Pursuant to section treatment. All such requests should be 1675(c)(5)(B). For further information 207.7(a) of the Commission’s rules, the directed to the Secretary to the concerning the conduct of these reviews Secretary will make BPI gathered in Commission and must include a full and rules of general application, consult these reviews available to authorized statement of the reasons why the the Commission’s Rules of Practice and applicants under the APO issued in the Commission should grant such Procedure, part 201, subparts A through reviews, provided that the application is treatment. See 19 CFR 201.6. Documents E (19 CFR part 201), and part 207, made by 45 days after publication of for which confidential treatment by the subparts A, D, E, and F (19 CFR part this notice. Authorized applicants must Commission is properly sought will be 207). represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to treated accordingly. All nonconfidential DATES: Effective Date: October 1, 2010. written submissions will be available for the reviews. A party granted access to FOR FURTHER INFORMATION CONTACT: BPI following publication of the public inspection at the Office of the Joshua Kaplan (202–205–3184), Office Secretary. Commission’s notice of institution of of Investigations, U.S. International the reviews need not reapply for such This action is taken under the Trade Commission, 500 E Street, SW., access. A separate service list will be authority of section 337 of the Tariff Act Washington, DC 20436. Hearing- maintained by the Secretary for those of 1930, as amended (19 U.S.C. 1337), impaired persons can obtain parties authorized to receive BPI under and of sections 201.10 and 210.50(a)(4) information on this matter by contacting the APO. of the Commission’s Rules of Practice the Commission’s TDD terminal on 202– Staff report. The prehearing staff and Procedure (19 CFR 201.10, 205–1810. Persons with mobility report in the reviews will be placed in 210.50(a)(4)). impairments who will need special the nonpublic record on March 17, Issued: October 6, 2010. assistance in gaining access to the 2011, and a public version will be By order of the Commission. Commission should contact the Office issued thereafter, pursuant to section Marilyn R. Abbott, of the Secretary at 202–205–2000. 207.64 of the Commission’s rules. General information concerning the Secretary to the Commission. Hearing. The Commission will hold a Commission may also be obtained by hearing in connection with the reviews [FR Doc. 2010–25547 Filed 10–8–10; 8:45 am] accessing its Internet server (http:// beginning at 9:30 a.m. on April 6, 2011, BILLING CODE 7020–02–P www.usitc.gov). The public record for at the U.S. International Trade these reviews may be viewed on the Commission Building. Requests to Commission’s electronic docket (EDIS) INTERNATIONAL TRADE appear at the hearing should be filed in at http://edis.usitc.gov. COMMISSION writing with the Secretary to the SUPPLEMENTARY INFORMATION: Commission on or before March 29, Background. On July 6, 2010, the 2011. A nonparty who has testimony [Investigation Nos. 701–TA–384 and 731– Commission determined that responses that may aid the Commission’s TA–806–808 (Second Review)] to its notice of institution of the subject deliberations may request permission to Hot-Rolled Flat-Rolled Carbon-Quality five-year reviews were such that full present a short statement at the hearing. Steel Products From Brazil, Japan, and reviews pursuant to section 751(c)(5) of All parties and nonparties desiring to Russia the Act should proceed (75 FR 42782, appear at the hearing and make oral July 22, 2010). A record of the presentations should attend a AGENCY: United States International Commissioners’ votes, the prehearing conference to be held at 9:30 Trade Commission. Commission’s statement on adequacy, a.m. on April 1, 2011, at the U.S. International Trade Commission ACTION: Scheduling of full five-year and any individual Commissioner’s Building. Oral testimony and written reviews concerning the countervailing statements are available from the Office materials to be submitted at the public duty order on hot-rolled flat-rolled of the Secretary and at the hearing are governed by sections carbon-quality steel products (‘‘hot- Commission’s Web site. Participation in the reviews and 201.6(b)(2), 201.13(f), 207.24, and rolled steel’’) from Brazil, the public service list. Persons, including 207.66 of the Commission’s rules. antidumping duty orders on hot-rolled industrial users of the subject Parties must submit any request to steel from Brazil and Japan, and the merchandise and, if the merchandise is present a portion of their hearing suspended antidumping duty sold at the retail level, representative testimony in camera no later than 7 investigation on hot-rolled steel from consumer organizations, wishing to business days prior to the date of the Russia. participate in these reviews as parties hearing.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62567

Written submissions. Each party to the document for filing without a certificate mailed to P.O. Box 7611, U.S. reviews may submit a prehearing brief of service. Department of Justice, Washington, DC to the Commission. Prehearing briefs Authority: These reviews are being 20044–7611, and should refer to United must conform with the provisions of conducted under authority of title VII of the States v. BP Products North America section 207.65 of the Commission’s Tariff Act of 1930; this notice is published Inc., Civil Action No. 4:10-cv-3569 (S.D. rules; the deadline for filing is March pursuant to section 207.62 of the Tex.), and D.J. Ref. 90–5–2–1–08741. 28, 2011. Parties may also file written Commission’s rules. The Consent Decree may be examined testimony in connection with their Issued: October 6, 2010. at the Office of the United States Attorney, Southern District of Texas, presentation at the hearing, as provided By order of the Commission. 919 Milam, Suite 1500, Houston, TX in section 207.24 of the Commission’s Marilyn R. Abbott, rules, and posthearing briefs, which 77208 and at U.S. EPA Region 6, 1445 Secretary to the Commission. must conform with the provisions of Ross Avenue, Dallas, Texas 75202. section 207.67 of the Commission’s [FR Doc. 2010–25551 Filed 10–8–10; 8:45 am] During the public comment period, the rules. The deadline for filing BILLING CODE 7020–02–P Consent Decree may also be examined posthearing briefs is April 15, 2011; on the following Department of Justice witness testimony must be filed no later Web site: http://www.usdoj.gov/enrd/ _ than three days before the hearing. In DEPARTMENT OF JUSTICE Consent Decrees.html. A copy of the addition, any person who has not Consent Decree may also be obtained by entered an appearance as a party to the Notice of Lodging of Consent Decree mail from the Consent Decree Library, reviews may submit a written statement Under the Clean Air Act P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or of information pertinent to the subject of Notice is hereby given that on by faxing or e-mailing a request to Tonia the reviews on or before April 15, 2011. September 30, 2010, a proposed Consent Fleetwood ([email protected]), On May 11, 2011, the Commission will Decree in United States v. BP Products fax no. (202) 514–0097, phone make available to parties all information North America Inc, (Civil No. 4:10-cv- confirmation number (202) 514–1547. In on which they have not had an 3569), was lodged with the United requesting a copy by mail, from the opportunity to comment. Parties may States District Court for the Southern Consent Decree Library, please enclose submit final comments on this District of Texas. information on or before May 13, 2011, a check in the amount of $8.50 (25 cents This settlement relates to BP Products per page reproduction cost) for the but such final comments must not North America Inc.’s (‘‘BP Products’’) contain new factual information and Consent Decree payable to the U.S. petroleum refinery located in Texas Treasury. must otherwise comply with section City, Texas (the ‘‘Texas City Refinery’’). 207.68 of the Commission’s rules. All The United States alleges civil claims Maureen L. Katz, written submissions must conform with against BP Products for violations at the Assistant Chief, Environmental Enforcement the provisions of section 201.8 of the Texas City Refinery of Clean Air Act Section, Environment and Natural Resources Commission’s rules; any submissions (‘‘CAA’’) Section 112(r) and the Division. that contain BPI must also conform with Chemical Accident Prevention [FR Doc. 2010–25520 Filed 10–8–10; 8:45 am] the requirements of sections 201.6, Provisions promulgated at 40 CFR part BILLING CODE 4410–15–P 207.3, and 207.7 of the Commission’s 68. The United States’ CAA claims, rules. The Commission’s rules do not which are stated in a Complaint also authorize filing of submissions with the filed on September 30, 2010 in the DEPARTMENT OF JUSTICE Secretary by facsimile or electronic above-referenced matter, arise from Notice of Lodging of Settlement means, except to the extent permitted by three events—two fires and a leak of Agreement section 201.8 of the Commission’s rules, regulated substances—at the Texas City as amended, 67 FR 68036 (November 8, Refinery. The Complaint also alleges Notice is hereby given that on October 2002). Even where electronic filing of a violations of Part 68 reporting 5, 2010, a proposed settlement document is permitted, certain requirements. agreement in United States v. Sunoco, documents must also be filed in paper Under the proposed Consent Decree, Inc., et al., Civil Action No. 05–6336, form, as specified in II (C) of the BP Products will pay a civil penalty to was lodged with the United States Commission’s Handbook on Electronic the United States in the amount of $15 District Court for the Eastern District of Filing Procedures, 67 FR 68168, 68173 million. The Consent Decree also Pennsylvania. (November 8, 2002). requires BP Products to regularly report In this action the United States Additional written submissions to the to EPA on indicators of process safety at sought, under the Pennsylvania Uniform Commission, including requests the Texas City Refinery, including: (1) Contribution Among Tortfeasors Act, 42 pursuant to section 201.12 of the The status of equipment inspections, (2) Pa. Cons. Stat. Ann. §§ 8321–27, and the Commission’s rules, shall not be whether operations employees have Pennsylvania Storage Tank and Spill accepted unless good cause is shown for received process safety training, and (3) Prevention Act, 35 Pa. Stat. Ann. accepting such submissions, or unless whether additional accidental releases §§ 6021.101–.2104, the recovery of the submission is pursuant to a specific of regulated substances have occurred at environmental cleanup costs incurred request by a Commissioner or the Texas City Refinery. by the United States at the former Commission staff. The Department of Justice will receive Defense Supply Center Philadelphia In accordance with sections 201.16(c) comments relating to the Consent (‘‘DSCP’’) property located at 2800 South and 207.3 of the Commission’s rules, Decree for a period of thirty (30) days 20th Street in Philadelphia, each document filed by a party to the from the date of this publication. Pennsylvania. The United States also reviews must be served on all other Comments should be addressed to the alleged—and sought an order under the parties to the reviews (as identified by Assistant Attorney General, Pennsylvania Clean Streams Law, 35 Pa. either the public or BPI service list), and Environment and Natural Resources Stat. Ann. §§ 691.1–.1001, directing the a certificate of service must be timely Division, and either e-mailed to defendants to abate—ongoing migration filed. The Secretary will not accept a [email protected] or of petroleum hydrocarbons from a

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62568 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

refinery, which is owned or operated by amount to the Consent Decree Library at proposed Partial Consent Decree may Sunoco, Inc. or its affiliates, to the the stated address. also be examined at the following Department of Justice Web site: http:// former DSCP property. The defendants Maureen Katz, filed a counterclaim seeking to recover www.usdoj.gov/enrd/ Assistant Chief, Environmental Enforcement Consent_Decrees.html. A copy of the from the United States environmental Section, Environment and Natural Resources cleanup costs that they incurred in Division. proposed Partial Consent Decree may also be obtained by mail from the connection with environmental [FR Doc. 2010–25492 Filed 10–8–10; 8:45 am] Consent Decree Library, P.O. Box 7611, contamination on, or allegedly BILLING CODE 4410–15–P originating from, the former DSCP U.S. Department of Justice, Washington, property. The settlement agreement DC 20044–7611 or by faxing or e- resolves the liability of the United DEPARTMENT OF JUSTICE mailing a request to Tonia Fleetwood States; Sunoco, Inc.; Sunoco, Inc. ([email protected]), fax number (202) 514–0097, phone confirmation (R&M); Atlantic Refining and Marketing Notice of Proposed Partial Consent Decree Under the Comprehensive number (202) 514–1547. If requesting a Corp.; Sunoco Partners Marketing and Environmental Response, copy by mail from the Consent Decree Terminals, LP; and Atlantic Richfield Compensation, and Liability Act and Library, please enclose a check in the Company; to each other for the claims the Clean Air Act amount of $8.25 ($0.25 per page alleged in the complaint, amended reproduction cost) payable to the U.S. complaint and the counterclaims in this Notice is hereby given that on Treasury or, if requesting by e-mail or action, subject to terms and conditions September 30, 2010, a proposed Partial fax, forward a check in that amount to set forth in the settlement agreement Consent Decree in United States v. the Consent Decree Library at the above- and excluding any liability that the C.A.I., Inc., et al., Civil Action No. 1:10– referenced address. parties might have for any cv–10390–GAO, was lodged with the contamination in the Potomac-Raritan- United States District Court for the Maureen Katz, Magothy formation below the District of Massachusetts. Assistant Chief, Environmental Enforcement The proposed Partial Consent Decree uppermost or shallow aquifer. The Section, Environment and Natural Resources will settle the United States’ claims on Division. proposed settlement agreement would behalf of the U.S. Environmental [FR Doc. 2010–25590 Filed 10–8–10; 8:45 am] require defendants to pay, collectively, Protection Agency (‘‘EPA’’) against BILLING CODE 4410–15–P $10 million to the United States. Defendant Arnel Company, Inc. The Department of Justice will receive (‘‘Arnel’’), pursuant to Section 107 of the for a period of thirty (30) days from the Comprehensive Environmental DEPARTMENT OF JUSTICE date of this publication comments Response, Compensation, and Liability relating to the settlement agreement. Act (‘‘CERCLA’’), 42 U.S.C. 9607, and Federal Bureau of Investigation Section 112(r)(1) of the Clean Air Act Comments should be addressed to the Meeting of the Compact Council for the Assistant Attorney General, (‘‘CAA’’), 42 U.S.C. 7412(r)(1), with respect to the Danversport Superfund National Crime Prevention and Privacy Environment and Natural Resources Compact Division, and either e-mailed to Site, in Danvers, Massachusetts (‘‘Site’’). [email protected] or Pursuant to the Partial Consent Decree, AGENCY: Federal Bureau of mailed to P.O. Box 7611, U.S. based on a demonstration of limited Investigation. financial resources, Arnel will pay Department of Justice, Washington, DC $15,000, including $11,250 in response ACTION: Meeting notice. 20044–7611, and should refer to United costs under CERCLA and $3,750 as a States v. Sunoco, Inc., D.J. Ref. 90–11– SUMMARY civil penalty under the CAA. : The purpose of this notice is 3–07721. The Department of Justice will receive to announce a meeting of the National The settlement agreement may be comments relating to the proposed Crime Prevention and Privacy Compact examined on the following Department Partial Consent Decree for a period of 30 Council (Council) created by the of Justice Web site, http:// days from the date of this publication. National Crime Prevention and Privacy www.usdoj.gov/enrd/ Comments on the Partial Consent Compact Act of 1998 (Compact). Thus far, the Federal Government and 29 Consent_Decrees.html. A copy of the Decree should be addressed to the states are parties to the Compact which settlement agreement may also be Assistant Attorney General, governs the exchange of criminal history obtained by mail from the Consent Environment and Natural Resources records for licensing, employment, and Decree Library, P.O. Box 7611, U.S. Division, and either e-mailed to [email protected] or similar purposes. The Compact also Department of Justice, Washington, DC provides a legal framework for the 20044–7611 or by faxing or e-mailing a mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC establishment of a cooperative federal- request to Tonia Fleetwood state system to exchange such records. ([email protected]), fax no. 20044–7611, and should refer to United States v. C.A.I., Inc., et al., Civil Action The United States Attorney General (202) 514–0097, phone confirmation No. 1:10–cv–10390–GAO, D.J. Ref. 90– appointed 15 persons from state and number (202) 514–1547. In requesting a 11–2–09184 & 90–11–2–09184/1. federal agencies to serve on the Council. copy from the Consent Decree Library, The proposed Partial Consent Decree The Council will prescribe system rules please enclose a check in the amount of may be examined at the Office of the and procedures for the effective and $2.25 (25 cents per page reproduction United States Attorney, One Courthouse proper operation of the Interstate cost) payable to the U.S. Treasury or, if Way, John Joseph Moakley Courthouse, Identification Index system for by e-mail or fax, forward a check in that Boston, Massachusetts 02210, and at noncriminal justice purposes. U.S. EPA Region 1, Office of Regional Matters for discussion are expected to Counsel, 5 Post Office Square, Suite include: 100, Boston, Massachusetts 02109. (1) Benchmarks for the National During the public comment period, the Fingerprint File Program Participation

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62569

(2) changes to the Security and membership. The notifications were Republic of Korea, have been added as Management control Outsourcing filed for the purpose of extending the parties to this venture. Standard for Channelers and Non- Act’s provisions limiting the recovery of Also, GP Industries Limited, Channelers antitrust plaintiffs to actual damages Singapore, Singapore; Mikasa Shoji (3) Prioritization of the Compact under specified circumstances. (HK) Corporation, Kowloon, Hong Kong- Council Strategies Specifically, Continental Automotive China; Mitsubishi Chemical The meeting will be open to the GMBH, Regensburg, Germany, has been Corporation, Tokyo, Japan; Quantum public on a first-come, first-seated basis. added as a party to this venture. Optical Laboratories (QOL), Vernouillet, Any member of the public wishing to No other changes have been made in France; Tecunion Electronics file a written statement with the Council either the membership or planned Technology Ltd., Futian District, or wishing to address this session of the activity of the group research project. Shenzhen, People’s Republic of China; Council should notify the Federal Membership in this group research and Yuan High-Tech Development Co., Bureau of Investigation (FBI) Compact project remains open, and HEDGE II Taipei, Taiwan, have withdrawn as Officer, Mr. Gary S. Barron at (304) 625– intends to file additional written parties to this venture. 2803, at least 24 hours prior to the start notifications disclosing all changes in No other changes have been made in of the session. The notification should membership. either the membership or planned contain the requestor’s name and On February 19, 2009, HEDGE II filed activity of the group research project. corporate designation, consumer its original notification pursuant to Membership in this group research affiliation, or government designation, Section 6(a) of the Act. The Department project remains open, and DVD CCA along with a short statement describing of Justice published a notice in the intends to file additional written the topic to be addressed and the time Federal Register pursuant to Section notifications disclosing all changes in needed for the presentation. Requesters 6(b) of the Act on April 2, 2009 (74 FR membership. will ordinarily be allowed up to 15 15003). minutes to present a topic. On April 11, 2001, DVD CCA filed its Dates and Times: The Council will The last notification was filed with original notification pursuant to Section meet in open session from 9 a.m. until the Department on March 22, 2010. A 6(a) of the Act. The Department of 5 p.m., on November 3–4, 2010. notice was published in the Federal Justice published a notice in the Federal Register pursuant to Section 6(b) of the Register pursuant to Section 6(b) of the ADDRESSES: The meeting will take place Act on August 3, 2001 (66 FR 40727). at the Renaissance Glendale Hotel, 9445 Act on May 6, 2010 (75 FR 24972). The last notification was filed with West Coyotes Boulevard, Glendale, Patricia A. Brink, Arizona, telephone (623) 937–3700. the Department on June 7, 2010. A Deputy Director of Operations, Antitrust notice was published in the Federal FOR FURTHER INFORMATION CONTACT: Division. Register pursuant to Section 6(b) of the Inquiries may be addressed to Mr. Gary [FR Doc. 2010–25204 Filed 10–8–10; 8:45 am] Act on July 14, 2010 (75 FR 40851). S. Barron, FBI Compact Officer, BILLING CODE 4410–11–M Compact Council Office, Module D3, Patricia A. Brink, 1000 Custer Hollow Road, Clarksburg, Deputy Director of Operations, Antitrust West Virginia 26306, telephone (304) DEPARTMENT OF JUSTICE Division. 625–2803, facsimile (304) 625–2868. [FR Doc. 2010–25209 Filed 10–8–10; 8:45 am] Antitrust Division Dated: August 11, 2010. BILLING CODE 4410–11–M Kimberly J. Del Greco, Notice Pursuant to the National Section Chief, Biometric Services Section Cooperative Research and Production DEPARTMENT OF JUSTICE Criminal Justice Information Services Act of 1993—DVD Copy Control Division, Federal Bureau of Investigation. Association Antitrust Division [FR Doc. 2010–25282 Filed 10–8–10; 8:45 am] BILLING CODE 4410–02–M Notice is hereby given that, on August Notice Pursuant to the National 31, 2010, pursuant to Section 6(a) of the Cooperative Research and Production National Cooperative Research and Act of 1993—Connected Media DEPARTMENT OF JUSTICE Production Act of 1993, 15 U.S.C. 4301 Experience, Inc. et seq. (‘‘the Act’’), DVD Copy Control Antitrust Division Association (‘‘DVD CCA’’) has filed Notice is hereby given that, on August Notice Pursuant to the National written notifications simultaneously 17, 2010, pursuant to Section 6(a) of the Cooperative Research and Production with the Attorney General and the National Cooperative Research and Act of 1993—Cooperative Research Federal Trade Commission disclosing Production Act of 1993, 15 U.S.C. 4301 ‘‘ ’’ Group on High Efficiency Dilute changes in its membership. The et seq. ( the Act ), Connected Media ‘‘ ’’ Gasoline Engine II notifications were filed for the purpose Experience, Inc. ( CMX ) has filed of extending the Act’s provisions written notifications simultaneously Notice is hereby given that, on limiting the recovery of antitrust with the Attorney General and the September 1, 2010, pursuant to Section plaintiffs to actual damages under Federal Trade Commission disclosing 6(a) of the National Cooperative specified circumstances. Specifically, changes in its membership. The Research and Production Act of 1993, FREEbox SAS, Paris, France; Hakuto notifications were filed for the purpose 15 U.S.C. 4301 et seq. (‘‘the Act’’), Co., Ltd., Tokyo, Japan; Loewe Opta of extending the Act’s provisions Southwest Research Institute— GmbH, Kronach, Germany; Seiko Epson limiting the recovery of antitrust Cooperative Research Group on High- Corporation, Nagano-ken, Japan; plaintiffs to actual damages under Efficiency Dilute Gasoline Engine II, Shenzhen Maxmade Technology Co., specified circumstances. Specifically, (‘‘HEDGE II’’) has filed written Ltd., Shenzhen, Guangdong, People’s Puretracks, Toronto, Ontario, Canada; notifications simultaneously with the Republic of China; and Toshiba Gracenote, Emeryville, CA; and Thwapr, Attorney General and the Federal Trade Samsung Storage Technology Korea Inc., New York, NY, have been added as Commission disclosing changes in its Corporation, Suwon-si, Gyeonggi-do, parties to this venture.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62570 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

No other changes have been made in related research and development DEPARTMENT OF JUSTICE either the membership or planned activities. activity of the group research project. Drug Enforcement Administration Patricia A. Brink, Membership in this group research project remains open, and CMX intends Deputy Director of Operations, Antitrust Manufacturer of Controlled Division. to file additional written notifications Substances; Notice of Registration disclosing all changes in membership. [FR Doc. 2010–25206 Filed 10–8–10; 8:45 am] On March 12, 2010, CMX filed its BILLING CODE 4410–11–M By Notice dated June 17, 2010, and original notification pursuant to Section published in the Federal Register on June 28, 2010 (75 FR 36683), Siegfried 6(a) of the Act. The Department of DEPARTMENT OF JUSTICE Justice published a notice in the Federal (USA), 33 Industrial Park Road, Register pursuant to Section 6(b) of the Drug Enforcement Administration Pennsville, New Jersey 08070, made Act on April 16, 2010 (75 FR 20003). application by letter to the Drug The last notification was filed with Manufacturer of Controlled Enforcement Administration (DEA) to the Department on May 28, 2010. A Substances; Notice of Registration be registered as a bulk manufacturer of notice was published in the Federal Gamma Hydroxybutyric Acid (2010), a By Notice dated March 10, 2008, and Register pursuant to Section 6(b) of the basic class of controlled substance listed published in the Federal Register on Act on July 14, 2010 (75 FR 40851). in schedule I. March 19, 2008 (73 FR 14841), Chemica, Patricia A. Brink, Inc., 316 West 130th Street, Los The company plans to manufacture Deputy Director of Operations, Antitrust Angeles, California 90061, made the listed controlled substance in bulk Division. application by letter to the Drug for sale to customers. [FR Doc. 2010–25212 Filed 10–8–10; 8:45 am] Enforcement Administration (DEA) to Three comments were received. Two BILLING CODE 4410–11–M be registered as a bulk manufacturer of of the three comments supported the methamphetamine (1105), a basic class granting of registration as a bulk of controlled substance listed in manufacturer of the basic class of DEPARTMENT OF JUSTICE schedule II. controlled substance listed to this The above-listed controlled substance applicant. Antitrust Division is an intermediate in the manufacture of Benzphetamine, a schedule III non- The third comment objected to the Notice Pursuant to the National narcotic controlled substance. The granting of registration. However, after a Cooperative Research and Production methamphetamine will not be sold as a thorough review of this matter, DEA has Act of 1993—Marine Well Containment commercial product in the domestic concluded that the issues raised in the Venture market. comment and objection do not warrant Notice is hereby given that, on August A comment and objection was the denial of this application. 18, 2010, pursuant to Section 6(a) of the received. However, after a thorough DEA has considered the factors in 21 National Cooperative Research and review of this matter, DEA has U.S.C. 823(a) and determined that the Production Act of 1993, 15 U.S.C. 4301 concluded that issues raised in the registration of Siegfried (USA) to et seq. (‘‘the Act’’), Marine Well comment and objection do not warrant manufacture the listed basic class of the denial of this application. Containment Venture (‘‘MWCV’’) has controlled substance is consistent with DEA has considered the factors in 21 filed written notifications the public interest at this time. DEA has U.S.C. 823(a) and determined that the simultaneously with the Attorney investigated Siegfried (USA) to ensure registration of Chemica, Inc. to General and the Federal Trade that the company’s registration is Commission disclosing (1) the identities manufacture the listed basic class of controlled substance is consistent with consistent with the public interest. The and nationalities of the parties to the investigation has included inspection production venture and any person who the public interest at this time. DEA has investigated Chemica, Inc. to ensure that and testing of the company’s physical controls a party to the venture and (2) security systems, verification of the the nature and objectives of the venture. the company’s registration is consistent with the public interest. The company’s compliance with state and The notifications were filed for the local laws, and a review of the purpose of invoking the Act’s provisions investigation has included inspection company’s background and history. limiting the recovery of antitrust and testing of the company’s physical Therefore, pursuant to 21 U.S.C. 823, plaintiffs to actual damages under security systems, verification of the and in accordance with 21 CFR 1301.33, specified circumstances. company’s compliance with state and local laws, and a review of the the above named company is granted Pursuant to Section 6(b) of the Act, company’s background and history. registration as a bulk manufacturer of the identities of the parties to the Therefore, pursuant to 21 U.S.C. 823, venture are: Chevron USA, Inc., the basic class of controlled substance and in accordance with 21 CFR 1301.33, Houston, TX; ConocoPhillips Co., listed. the above named company is granted Houston, TX; ExxonMobil Development Dated: October 5, 2010. registration as a bulk manufacturer of Co., Houston, TX; and Shell Offshore the basic class of controlled substance Joseph T. Rannazzisi, Inc., Houston, TX. The general area of listed. Deputy Assistant Administrator, Office of MWCV’s planned activity is (i) to Diversion Control, Drug Enforcement design, produce (assemble and/or Dated: October 5, 2010. Administration. Joseph T. Rannazzisi, construct), operate, maintain, and own a [FR Doc. 2010–25539 Filed 10–8–10; 8:45 am] system to provide emergency Deputy Assistant Administrator, Office of BILLING CODE 4410–09–P hydrocarbon well containment and Diversion Control, Drug Enforcement related non-emergency services in the Administration. Gulf of Mexico and potentially in other [FR Doc. 2010–25540 Filed 10–8–10; 8:45 am] regions; and (ii) to perform and sponsor BILLING CODE 4410–09–P

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00073 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62571

DEPARTMENT OF LABOR DOL, the ARRA provides $750 million • Minimize the burden of the for a program of competitive grants for collection of information on those who Office of the Secretary worker training and placement in high are to respond, including through the growth and emerging industries, the use of appropriate automated, Agency Information Collection ARRA HGEI grants. It is critical to electronic, mechanical, or other Activities; Submission for OMB record the impact of these ARRA technological collection techniques or Review; Comment Request; American resources, current information on other forms of information technology, Recovery and Reinvestment Act High participants in these grants, and the e.g., permitting electronic submission of Growth and Emerging Industries services provided to them. Therefore, to responses. Grants Information Collection obtain comprehensive information on Agency: Employment and Training participants served by and services Administration. ACTION: Notice. provided with ARRA resources, DOL Type of Review: Revision of a SUMMARY: The Department of Labor proposes an extension with revisions of currently approved collection. (DOL) hereby announces the submission an information collection set for ARRA Title of Collection: American of the information collection request HGEI grantees. Recovery and Reinvestment Act (ARRA) (ICR) sponsored by the Employment and The ARRA HGEI Grants information High Growth and Emerging Industries Training Administration (ETA) titled, collection constitutes an information (HGEI) Grants Information Collection. ‘‘American Recovery and Reinvestment collection within the meaning of the Form Numbers: ETA–9153. Act (ARRA) High Growth and Emerging PRA. Under the PRA, a Federal agency OMB Control Number: 1205–0478. Industries (HGEI) Grants Information generally cannot conduct or sponsor a Affected Public: Private sector Collection,’’ to the Office of Management collection of information unless it is (business or other for-profits and not- and Budget (OMB) for review and currently approved by the OMB under for-profit institutions) and individuals approval for continued use in the PRA and displays a currently valid or households. accordance with the Paperwork OMB control number. Furthermore, the Total Estimated Number of Reduction Act of 1995 (PRA), Public public is generally not required to Respondents: 77,411. Law 104–13, 44 U.S.C. chapter 35. respond to a collection of information Total Estimated Number of unless it displays a currently valid OMB Responses: 78,772. DATES: Submit comments on or before control number. In addition, November 12, 2010. Total Estimated Annual Burden notwithstanding any other provisions of Hours: 164,680. ADDRESSES: A copy of this ICR, with law, no person shall generally be subject Total Estimated Annual Costs Burden: applicable supporting documentation; to penalty for failing to comply with a $0. including a description of the likely collection of information if the Dated: October 4, 2010. respondents, proposed frequency of collection of information does not response, and estimated total burden display a currently valid OMB control Michel Smyth, may be obtained from the RegInfo.gov number. See 5 CFR 1320.5(a) and Departmental Clearance Officer. Web site, http://www.reginfo.gov/ 1320.6. [FR Doc. 2010–25445 Filed 10–8–10; 8:45 am] public/do/PRAMain or by contacting The DOL obtains OMB approval for BILLING CODE 4510–FN–P Michel Smyth by telephone at 202–693– this information collection under OMB 4129 (this is not a toll-free number) or Control Number 1205–0478. The current sending an e-mail to OMB approval is scheduled to expire on DEPARTMENT OF LABOR [email protected]. October 31, 2010. For additional Employment and Training Submit comments about this request information, see the related notice Administration to the Office of Information and published in the Federal Register on Regulatory Affairs, Attn: OMB Desk May 17, 2010 (75 FR 27584). Labor Surplus Area Classification Interested parties are encouraged to Officer for the Department of Labor, Under Executive Orders 12073 and send comments to the OMB, Office of Employment and Training 10582 Administration, Office of Management Information and Regulatory Affairs at and Budget, Room 10235, Washington, the address shown in the ADDRESSES AGENCY: Employment and Training DC 20503, Telephone: 202–395–6881/ section within 30 days of publication of Administration, Labor. Fax: 202–395–5806 (these are not toll- this notice in the Federal Register. In ACTION: Notice. free numbers), e-mail: order to ensure the appropriate [email protected]. consideration, comments should SUMMARY: The purpose of this notice is reference OMB Control Number 1220– to announce the annual list of labor FOR FURTHER INFORMATION CONTACT: 0032. The OMB is particularly surplus areas for Fiscal Year (FY) 2011. Michel Smyth by telephone at 202–693– interested in comments that: 4129 (this is not a toll-free number) or DATES: Effective Date: The annual list of • Evaluate whether the proposed by e-mail at labor surplus areas is effective October collection of information is necessary [email protected]. 1, 2010, for all states, the District of for the proper performance of the Columbia, and Puerto Rico. SUPPLEMENTARY INFORMATION: The DOL functions of the agency, including FOR FURTHER INFORMATION CONTACT: is seeking OMB reauthorization of the whether the information will have Samuel Wright, Office of Workforce information collection sponsored by the practical utility; Investment, Employment and Training Employment and Training • Evaluate the accuracy of the Administration, 200 Constitution Administration (ETA) titled, ‘‘American agency’s estimate of the burden of the Avenue, NW., Room S–4231, Recovery and Reinvestment Act (ARRA) proposed collection of information, Washington, DC 20210. Telephone: High Growth and Emerging Industries including the validity of the (202) 693–2870 (This is not a toll-free (HGEI) Grants Information Collection. methodology and assumptions used; President Obama signed the ARRA • Enhance the quality, utility, and number). into law by on February 17, 2009. clarity of the information to be SUPPLEMENTARY INFORMATION: The Among other funding directed to the collected; and Department of Labor’s regulations

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62572 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

implementing Executive Orders 12073 townships identified in paragraphs A or Petition for Exceptional Circumstance and 10582 are set forth at 20 CFR Part B above; or Consideration 654, Subparts A and B. These (e) A county equivalent which is a The classification procedures also regulations require the Employment and town in the States of Connecticut, provide for the designation of labor Training Administration (ETA) to Massachusetts, and Rhode Island, or a surplus areas under exceptional classify jurisdictions as labor surplus municipio in the Commonwealth of circumstance criteria. These procedures areas pursuant to the criteria specified Puerto Rico. permit the regular classification criteria in the regulations and to publish to be waived when an area experiences annually a list of labor surplus areas. Procedures for Classifying Labor a significant increase in unemployment Pursuant to those regulations, ETA is Surplus Areas which is not temporary or seasonal and hereby publishing the annual list of which was not reflected in the data for labor surplus areas. The Department of Labor (DOL) issues the labor surplus area list on a fiscal the 2-year reference period. Under the In addition, the regulations provide program’s exceptional circumstance year basis. The list becomes effective exceptional circumstance criteria for procedures, labor surplus area each October 1 and remains in effect classifying labor surplus areas when classifications can be made for civil through the following September 30. catastrophic events, such as natural jurisdictions, Metropolitan Statistical The reference period used in preparing disasters, plant closings, and contract Areas or Primary Metropolitan the current list was January 2008 cancellations are expected to have a Statistical Areas, as defined by the long-term impact on labor market area through December 2009. The national Office of Management and Budget. In conditions, discounting temporary or average unemployment rate during this order for an area to be classified as a seasonal factors. period was 7.6 percent. Twenty percent labor surplus area under the exceptional higher than the national unemployment Eligible Labor Surplus Areas circumstance criteria, the state rate of 7.6 percent is a qualifying rate of workforce agency must submit a A Labor Surplus Area (LSA) is a civil 9.1 percent. Therefore, areas included petition requesting such classification to jurisdiction that has a civilian average on the FY 2011 labor surplus area list the Department of Labor’s ETA. The annual unemployment rate during the had an average unemployment rate of current criteria for an exceptional previous two calendar years of 20 9.1 percent or above during the circumstance classification are: an area’s percent or more above the average reference period. When a civil unemployment rate of at least 9.1 annual civilian unemployment rate for jurisdiction is part of a county and percent for each of the three most recent all states during the same 24-month meets the unemployment qualifier as a months; a projected unemployment rate reference period. Only official labor surplus area, then the balance of of at least 9.1 percent for each of the unemployment estimates provided to county will be used if the balance of next 12 months; and documentation that ETA by the Bureau of Labor Statistics county also meets the unemployment the exceptional circumstance event has are used in making these classifications. criteria of a labor surplus area. Several already occurred. The state workforce The average unemployment rate for all areas not on this labor surplus list have agency may file petitions on behalf of States includes data for the current unemployment rates that are civil jurisdictions, as well as Commonwealth of Puerto Rico. The substantially higher than the Metropolitan Statistical Areas or basic LSA classification criteria include unemployment qualifier of 9.1 percent. Micropolitan Statistical Areas. The a ‘‘floor unemployment rate’’ (6.0%) and Most of these areas experienced addresses of state workforce agencies a ‘‘ceiling unemployment rate’’ (10.0%). unemployment rates that were are available on the ETA Web site at: Civil jurisdictions are defined as considerably lower than the labor http://www.doleta.gov/programs/ follows: surplus qualifier of 9.1 percent for the lsa.cfm. State Workforce Agencies may (a) A city of at least 25,000 population first two quarters of 2008. The submit petitions in electronic format to on the basis of the most recently unemployment rates for most of these [email protected], or in hard available estimates from the Bureau of areas did not become significantly copy to the U.S. Department of Labor, the Census; or higher than 9.1 percent until the fourth Employment and Training (b) A town or township in the States quarter of 2008 causing the Administration, Office of Workforce of Michigan, New Jersey, New York, or unemployment rate for the reference Investment, 200 Constitution Avenue, Pennsylvania of 25,000 or more period to be lower than 9.1 percent. The NW., Room S–4231, Washington, DC population and which possess powers FY 2011 labor surplus area list can be 20210. Data collection for the petition is and functions similar to those of cities; accessed at the ETA’s LSA Web site at approved under OMB 1205–0207, or http://www.doleta.gov/programs/ expiration date March 31, 2012. (c) A county, except those counties lsa.cfm. This year ETA added to the Signed at Washington, DC, this 5th day of which contain any type of civil LSA Web site a map of the labor surplus October 2010. jurisdictions defined in A or B above; or areas, the geography definition of the Jane Oates, (d) A ‘‘balance of county’’ consisting of balance of counties and Frequently Assistant Secretary for Employment and a county less any component cities and Asked Questions. Training Administration.

LABOR SURPLUS AREAS [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Alabama

Anniston City, AL ...... Calhoun County, AL Balance of Dallas County, AL ...... Dallas County, AL Barbour County, AL ...... Barbour County, AL

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62573

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Bessemer City, AL ...... Jefferson County, AL Bullock County, AL ...... Bullock County, AL Butler County, AL ...... Butler County, AL Chambers County, AL ...... Chambers County, AL Choctaw County, AL ...... Choctaw County, AL Clarke County, AL ...... Clarke County, AL Clay County, AL ...... Clay County, AL Conecuh County, AL ...... Conecuh County, AL Coosa County, AL ...... Coosa County, AL DeKalb County, AL ...... DeKalb County, AL Escambia County, AL ...... Escambia County, AL Fayette County, AL ...... Fayette County, AL Franklin County, AL ...... Franklin County, AL Gadsden City, AL ...... Etowah County, AL Greene County, AL ...... Greene County, AL Hale County, AL ...... Hale County, AL Lamar County, AL ...... Lamar County, AL Lawrence County, AL ...... Lawrence County, AL Lowndes County, AL ...... Lowndes County, AL Marengo County, AL ...... Marengo County, AL Marion County, AL ...... Marion County, AL Monroe County, AL ...... Monroe County, AL Perry County, AL ...... Perry County, AL Pickens County, AL ...... Pickens County, AL Prichard City, AL ...... Mobile County, AL Randolph County, AL ...... Randolph County, AL Russell County, AL ...... Russell County, AL Selma City, AL ...... Dallas County, AL Sumter County, AL ...... Sumter County, AL Talladega County, AL ...... Talladega County, AL Tallapoosa County, AL ...... Tallapoosa County, AL Washington County, AL ...... Washington County, AL Wilcox County, AL ...... Wilcox County, AL Winston County, AL ...... Winston County, AL

Alaska

Bethel Census Area, AK ...... Bethel Census Area, AK Dillingham Census Area, AK ...... Dillingham Census Area, AK Nome Census Area, AK ...... Nome Census Area, AK Northwest Arctic Borough, AK ...... Northwest Arctic Borough, AK Prince of Wales-Outer Ketchikan Census Area, AK ...... Prince of Wales-Outer Ketchikan Census Area, AK Skagway-Hoonah-Angoon Census Area, AK ...... Skagway-Hoonah-Angoon Census Area, AK Southeast Fairbanks Census Area, AK ...... Southeast Fairbanks Census Area, AK Wade Hampton Census Area, AK ...... Wade Hampton Census Area, AK Wrangell-Petersburg Census Area, AK ...... Wrangell-Petersburg Census Area, AK Yakutat Borough/City, AK ...... Yakutat Borough/City, AK Yukon-Koyukuk Census Area, AK ...... Yukon-Koyukuk Census Area, AK

Arizona

Apache County, AZ ...... Apache County, AZ Balance of Maricopa County, AZ ...... Maricopa County, AZ Balance of Pinal County, AZ ...... Pinal County, AZ Balance of Yuma County, AZ ...... Yuma County, AZ El Mirage City, AZ ...... Maricopa County, AZ Graham County, AZ ...... Graham County, AZ Greenlee County, AZ ...... Greenlee County, AZ Maricopa City, AZ ...... Pinal County, AZ Navajo County, AZ ...... Navajo County, AZ Santa Cruz County, AZ ...... Santa Cruz County, AZ Yuma City, AZ ...... Yuma County, AZ

Arkansas

Arkansas County, AR ...... Arkansas County, AR Chicot County, AR ...... Chicot County, AR Clay County, AR ...... Clay County, AR Desha County, AR ...... Desha County, AR El Dorado City, AR ...... Union County, AR Mississippi County, AR ...... Mississippi County, AR

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62574 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Pine Bluff City, AR ...... Jefferson County, AR St. Francis County, AR ...... St. Francis County, AR West Memphis City, AR ...... Crittenden County, AR Woodruff County, AR ...... Woodruff County, AR

California

Adelanto City, CA ...... San Bernardino County, CA Alpine County, CA ...... Alpine County, CA Amador County, CA ...... Amador County, CA Anaheim City, CA ...... Orange County, CA Antioch City, CA ...... Contra Costa County, CA Apple Valley Town, CA ...... San Bernardino County, CA Atwater City, CA ...... Merced County, CA Azusa City, CA ...... Los Angeles County, CA Balance of Butte County, CA ...... Butte County, CA Balance of Fresno County, CA ...... Fresno County, CA Balance of Imperial County, CA ...... Imperial County, CA Balance of Kern County, CA ...... Kern County, CA Balance of Kings County, CA ...... Kings County, CA Balance of Merced County, CA ...... Merced County, CA Balance of Riverside County, CA ...... Riverside County, CA Balance of Sacramento County, CA ...... Sacramento County, CA Balance of San Benito County, CA ...... San Benito County, CA Balance of San Bernardino County, CA ...... San Bernardino County, CA Balance of San Joaquin County, CA ...... San Joaquin County, CA Balance of Shasta County, CA ...... Shasta County, CA Balance of Stanislaus County, CA ...... Stanislaus County, CA Balance of Sutter County, CA ...... Sutter County, CA Balance of Tulare County, CA ...... Tulare County, CA Balance of Yolo County, CA ...... Yolo County, CA Baldwin Park City, CA ...... Los Angeles County, CA Banning City, CA ...... Riverside County, CA Beaumont City, CA ...... Riverside County, CA Bell City, CA ...... Los Angeles County, CA Bell Gardens City, CA ...... Los Angeles County, CA Bellflower City, CA ...... Los Angeles County, CA Calaveras County, CA ...... Calaveras County, CA Calexico City, CA ...... Imperial County, CA Carson City, CA ...... Los Angeles County, CA Cathedral City, CA ...... Riverside County, CA Ceres City, CA ...... Stanislaus County, CA Chico City, CA ...... Butte County, CA Chino City, CA ...... San Bernardino County, CA Chula Vista City, CA ...... San Diego County, CA Coachella City, CA ...... Riverside County, CA Colton City, CA ...... San Bernardino County, CA Colusa County, CA ...... Colusa County, CA Compton City, CA ...... Los Angeles County, CA Corcoran City, CA ...... Kings County, CA Cudahy City, CA ...... Los Angeles County, CA Del Norte County, CA ...... Del Norte County, CA Delano City, CA ...... Kern County, CA East Palo Alto City, CA ...... San Mateo County, CA El Cajon City, CA ...... San Diego County, CA El Centro City, CA ...... Imperial County, CA El Dorado County, CA ...... El Dorado County, CA El Monte City, CA ...... Los Angeles County, CA Eureka City, CA ...... Humboldt County, CA Fairfield City, CA ...... Solano County, CA Fontana City, CA ...... San Bernardino County, CA Fresno City, CA ...... Fresno County, CA Gilroy City, CA ...... Santa Clara County, CA Glenn County, CA ...... Glenn County, CA Hanford City, CA ...... Kings County, CA Hawthorne City, CA ...... Los Angeles County, CA Hayward City, CA ...... Alameda County, CA Hemet City, CA ...... Riverside County, CA Hesperia City, CA ...... San Bernardino County, CA Highland City, CA ...... San Bernardino County, CA Hollister City, CA ...... San Benito County, CA

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62575

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Huntington Park City, CA ...... Los Angeles County, CA Imperial Beach City, CA ...... San Diego County, CA Indio City, CA ...... Riverside County, CA Inglewood City, CA ...... Los Angeles County, CA La Puente City, CA ...... Los Angeles County, CA Lake County, CA ...... Lake County, CA Lake Elsinore City, CA ...... Riverside County, CA Lancaster City, CA ...... Los Angeles County, CA Lassen County, CA ...... Lassen County, CA Lawndale City, CA ...... Los Angeles County, CA Lemon Grove City, CA ...... San Diego County, CA Lincoln City, CA ...... Placer County, CA Lodi City, CA ...... San Joaquin County, CA Lompoc City, CA ...... Santa Barbara County, CA Long Beach City, CA ...... Los Angeles County, CA Los Angeles City, CA ...... Los Angeles County, CA Los Banos City, CA ...... Merced County, CA Lynwood City, CA ...... Los Angeles County, CA Madera City, CA ...... Madera County, CA Manteca City, CA ...... San Joaquin County, CA Mariposa County, CA ...... Mariposa County, CA Maywood City, CA ...... Los Angeles County, CA Merced City, CA ...... Merced County, CA Modesto City, CA ...... Stanislaus County, CA Modoc County, CA ...... Modoc County, CA Montclair City, CA ...... San Bernardino County, CA Montebello City, CA ...... Los Angeles County, CA Moreno Valley City, CA ...... Riverside County, CA Morgan Hill City, CA ...... Santa Clara County, CA National City, CA ...... San Diego County, CA Norwalk City, CA ...... Los Angeles County, CA Oakland City, CA ...... Alameda County, CA Ontario City, CA ...... San Bernardino County, CA Oxnard City, CA ...... Ventura County, CA Palmdale City, CA ...... Los Angeles County, CA Paramount City, CA ...... Los Angeles County, CA Perris City, CA ...... Riverside County, CA Pittsburg City, CA ...... Contra Costa County, CA Plumas County, CA ...... Plumas County, CA Pomona City, CA ...... Los Angeles County, CA Porterville City, CA ...... Tulare County, CA Rancho Cordova City, CA ...... Sacramento County, CA Redding City, CA ...... Shasta County, CA Rialto City, CA ...... San Bernardino County, CA Richmond City, CA ...... Contra Costa County, CA Riverside City, CA ...... Riverside County, CA Sacramento City, CA ...... Sacramento County, CA Salinas City, CA ...... Monterey County, CA San Bernardino City, CA ...... San Bernardino County, CA San Jacinto City, CA ...... Riverside County, CA San Jose City, CA ...... Santa Clara County, CA San Pablo City, CA ...... Contra Costa County, CA Sanger City, CA ...... Fresno County, CA Santa Ana City, CA ...... Orange County, CA Santa Maria City, CA ...... Santa Barbara County, CA Santa Paula City, CA ...... Ventura County, CA Sierra County, CA ...... Sierra County, CA Siskiyou County, CA ...... Siskiyou County, CA Soledad City, CA ...... Monterey County, CA South Gate City, CA ...... Los Angeles County, CA Stanton City, CA ...... Orange County, CA Stockton City, CA ...... San Joaquin County, CA Suisun City, CA ...... Solano County, CA Tehama County, CA ...... Tehama County, CA Trinity County, CA ...... Trinity County, CA Tulare City, CA ...... Tulare County, CA Tuolumne County, CA ...... Tuolumne County, CA Turlock City, CA ...... Stanislaus County, CA Twentynine Palms City, CA ...... San Bernardino County, CA Vallejo City, CA ...... Solano County, CA Victorville City, CA ...... San Bernardino County, CA

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62576 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Watsonville City, CA ...... Santa Cruz County, CA West Sacramento City, CA ...... Yolo County, CA Woodland City, CA ...... Yolo County, CA Yuba City, CA ...... Sutter County, CA Yuba County, CA ...... Yuba County, CA

Colorado

Commerce City, CO ...... Adams County, CO Dolores County, CO ...... Dolores County, CO

Connecticut

Bridgeport City, CT ...... Bridgeport City, CT Hartford City, CT ...... Hartford City, CT New Britain City, CT ...... New Britain City, CT New Haven City, CT ...... New Haven City, CT Waterbury City, CT ...... Waterbury City, CT

Delaware

Wilmington City, DE ...... New Castle County, DE

Florida

Balance of Broward County, FL ...... Broward County, FL Balance of Flagler County, FL ...... Flagler County, FL Balance of Lee County, FL ...... Lee County, FL Balance of Marion County, FL ...... Marion County, FL Balance of Palm Beach County, FL ...... Palm Beach County, FL Balance of Sarasota County, FL ...... Sarasota County, FL Balance of St. Lucie County, FL ...... St. Lucie County, FL Balance of Volusia County, FL ...... Volusia County, FL Cape Coral City, FL ...... Lee County, FL Charlotte County, FL ...... Charlotte County, FL Citrus County, FL ...... Citrus County, FL Collier County, FL ...... Collier County, FL De Land City, FL ...... Volusia County, FL Deltona City, FL ...... Volusia County, FL Dixie County, FL ...... Dixie County, FL Fort Pierce City, FL ...... St. Lucie County, FL Hamilton County, FL ...... Hamilton County, FL Hendry County, FL ...... Hendry County, FL Hernando County, FL ...... Hernando County, FL Hialeah City, FL ...... Miami-Dade County, FL Highlands County, FL ...... Highlands County, FL Indian River County, FL ...... Indian River County, FL Lauderdale Lakes City, FL ...... Broward County, FL Levy County, FL ...... Levy County, FL Manatee County, FL ...... Manatee County, FL Miami City, FL ...... Miami-Dade County, FL Miami Gardens City, FL ...... Miami-Dade County, FL North Miami Beach City, FL ...... Miami-Dade County, FL North Miami City, FL ...... Miami-Dade County, FL North Port City, FL ...... Sarasota County, FL Ocala City, FL ...... Marion County, FL Okeechobee County, FL ...... Okeechobee County, FL Palm Coast City, FL ...... Flagler County, FL Pasco County, FL ...... Pasco County, FL Pinellas Park City, FL ...... Pinellas County, FL Plant City, FL ...... Hillsborough County, FL Polk County, FL ...... Polk County, FL Port St. Lucie City, FL ...... St. Lucie County, FL Putnam County, FL ...... Putnam County, FL Riviera Beach City, FL ...... Palm Beach County, FL Sanford City, FL ...... Seminole County, FL

Georgia

Atkinson County, GA ...... Atkinson County, GA Balance of Troup County, GA ...... Troup County, GA

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62577

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Balance of Whitfield County, GA ...... Whitfield County, GA Baldwin County, GA ...... Baldwin County, GA Bartow County, GA ...... Bartow County, GA Ben Hill County, GA ...... Ben Hill County, GA Berrien County, GA ...... Berrien County, GA Burke County, GA ...... Burke County, GA Butts County, GA ...... Butts County, GA Calhoun County, GA ...... Calhoun County, GA Chattahoochee County, GA ...... Chattahoochee County, GA Chattooga County, GA ...... Chattooga County, GA Clayton County, GA ...... Clayton County, GA Coffee County, GA ...... Coffee County, GA Cook County, GA ...... Cook County, GA Crisp County, GA ...... Crisp County, GA Dalton City, GA ...... Whitfield County, GA Decatur County, GA ...... Decatur County, GA Douglasville City, GA ...... Douglas County, GA East Point City, GA ...... Fulton County, GA Elbert County, GA ...... Elbert County, GA Franklin County, GA ...... Franklin County, GA Gordon County, GA ...... Gordon County, GA Hancock County, GA ...... Hancock County, GA Haralson County, GA ...... Haralson County, GA Hart County, GA ...... Hart County, GA Heard County, GA ...... Heard County, GA Irwin County, GA ...... Irwin County, GA Jasper County, GA ...... Jasper County, GA Jeff Davis County, GA ...... Jeff Davis County, GA Jefferson County, GA ...... Jefferson County, GA Jenkins County, GA ...... Jenkins County, GA Johnson County, GA ...... Johnson County, GA LaGrange City, GA ...... Troup County, GA Lamar County, GA ...... Lamar County, GA Lawrenceville City, GA ...... Gwinnett County, GA Lumpkin County, GA ...... Lumpkin County, GA Macon City, GA ...... Bibb County and Jones County, GA Macon County, GA ...... Macon County, GA McDuffie County, GA ...... McDuffie County, GA Meriwether County, GA ...... Meriwether County, GA Murray County, GA ...... Murray County, GA Newton County, GA ...... Newton County, GA Quitman County, GA ...... Quitman County, GA Randolph County, GA ...... Randolph County, GA Rome City, GA ...... Floyd County, GA Schley County, GA ...... Schley County, GA Screven County, GA ...... Screven County, GA Spalding County, GA ...... Spalding County, GA Statesboro City, GA ...... Bulloch County, GA Stewart County, GA ...... Stewart County, GA Sumter County, GA ...... Sumter County, GA Taliaferro County, GA ...... Taliaferro County, GA Taylor County, GA ...... Taylor County, GA Telfair County, GA ...... Telfair County, GA Treutlen County, GA ...... Treutlen County, GA Turner County, GA ...... Turner County, GA Upson County, GA ...... Upson County, GA Warren County, GA ...... Warren County, GA Washington County, GA ...... Washington County, GA Wayne County, GA ...... Wayne County, GA Wilcox County, GA ...... Wilcox County, GA Wilkes County, GA ...... Wilkes County, GA

Idaho

Adams County, ID ...... Adams County, ID Benewah County, ID ...... Benewah County, ID Boundary County, ID ...... Boundary County, ID Clearwater County, ID ...... Clearwater County, ID Shoshone County, ID ...... Shoshone County, ID Valley County, ID ...... Valley County, ID

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62578 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Illinois

Alexander County, IL ...... Alexander County, IL Alton City, IL ...... Madison County, IL Balance of Boone County, IL ...... Boone County, IL Balance of Kankakee County, IL ...... Kankakee County, IL Balance of Vermilion County, IL ...... Vermilion County, IL Balance of Winnebago County, IL ...... Winnebago County, IL Belleville City, IL ...... St. Clair County, IL Belvidere City, IL ...... Boone County, IL Berwyn City, IL ...... Cook County, IL Calumet City, IL ...... Cook County, IL Carpentersville Village, IL ...... Kane County, IL Chicago Heights City, IL ...... Cook County, IL Cicero Town, IL ...... Cook County, IL Clark County, IL ...... Clark County, IL Clay County, IL ...... Clay County, IL Danville City, IL ...... Vermilion County, IL Decatur City, IL ...... Macon County, IL Dolton Village, IL ...... Cook County, IL East St. Louis City, IL ...... St. Clair County, IL Elgin City, IL ...... Cook County and Kane County, IL Fayette County, IL ...... Fayette County, IL Franklin County, IL ...... Franklin County, IL Freeport City, IL ...... Stephenson County, IL Fulton County, IL ...... Fulton County, IL Gallatin County, IL ...... Gallatin County, IL Granite City, IL ...... Madison County, IL Grundy County, IL ...... Grundy County, IL Hancock County, IL ...... Hancock County, IL Hanover Park Village, IL ...... Cook County and DuPage County, IL Hardin County, IL ...... Hardin County, IL Harvey City, IL ...... Cook County, IL Johnson County, IL ...... Johnson County, IL Joliet City, IL ...... Kendall County and Will County, IL Kankakee City, IL ...... Kankakee County, IL Lansing Village, IL ...... Cook County, IL LaSalle County, IL ...... LaSalle County, IL Macoupin County, IL ...... Macoupin County, IL Marion County, IL ...... Marion County, IL Mason County, IL ...... Mason County, IL Maywood Village, IL ...... Cook County, IL Montgomery County, IL ...... Montgomery County, IL North Chicago City, IL ...... Lake County, IL Ogle County, IL ...... Ogle County, IL Park Forest Village, IL ...... Cook County and Will County, IL Pekin City, IL ...... Tazewell County, IL Perry County, IL ...... Perry County, IL Pope County, IL ...... Pope County, IL Pulaski County, IL ...... Pulaski County, IL Putnam County, IL ...... Putnam County, IL Rockford City, IL ...... Winnebago County, IL Round Lake Beach Village, IL ...... Lake County, IL Saline County, IL ...... Saline County, IL Union County, IL ...... Union County, IL Waukegan City, IL ...... Lake County, IL Zion City, IL ...... Lake County, IL

Indiana

Adams County, IN ...... Adams County, IN Anderson City, IN ...... Madison County, IN Balance of Elkhart County, IN ...... Elkhart County, IN Balance of Howard County, IN ...... Howard County, IN Balance of Wayne County, IN ...... Wayne County, IN Blackford County, IN ...... Blackford County, IN Clay County, IN ...... Clay County, IN Crawford County, IN ...... Crawford County, IN Decatur County, IN ...... Decatur County, IN DeKalb County, IN ...... DeKalb County, IN East Chicago City, IN ...... Lake County, IN

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62579

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Elkhart City, IN ...... Elkhart County, IN Fayette County, IN ...... Fayette County, IN Fulton County, IN ...... Fulton County, IN Gary City, IN ...... Lake County, IN Goshen City, IN ...... Elkhart County, IN Hammond City, IN ...... Lake County, IN Henry County, IN ...... Henry County, IN Hobart City, IN ...... Lake County, IN Huntington County, IN ...... Huntington County, IN Jennings County, IN ...... Jennings County, IN Kokomo City, IN ...... Howard County, IN Kosciusko County, IN ...... Kosciusko County, IN LaGrange County, IN ...... LaGrange County, IN Lawrence County, IN ...... Lawrence County, IN Marion City, IN ...... Grant County, IN Marshall County, IN ...... Marshall County, IN Miami County, IN ...... Miami County, IN Michigan City, IN ...... LaPorte County, IN Mishawaka City, IN ...... St. Joseph County, IN Noble County, IN ...... Noble County, IN Randolph County, IN ...... Randolph County, IN Richmond City, IN ...... Wayne County, IN Scott County, IN ...... Scott County, IN South Bend City, IN ...... St. Joseph County, IN Starke County, IN ...... Starke County, IN Steuben County, IN ...... Steuben County, IN Tipton County, IN ...... Tipton County, IN Vermillion County, IN ...... Vermillion County, IN Wabash County, IN ...... Wabash County, IN Washington County, IN ...... Washington County, IN Whitley County, IN.

Whitley County, IN. Kansas

Kansas City, KS ...... Wyandotte County, KS

Kentucky

Allen County, KY ...... Allen County, KY Balance of Christian County, KY ...... Christian County, KY Barren County, KY ...... Barren County, KY Bath County, KY ...... Bath County, KY Bell County, KY ...... Bell County, KY Boyle County, KY ...... Boyle County, KY Bracken County, KY ...... Bracken County, KY Breckinridge County, KY ...... Breckinridge County, KY Butler County, KY ...... Butler County, KY Carroll County, KY ...... Carroll County, KY Carter County, KY ...... Carter County, KY Clay County, KY ...... Clay County, KY Cumberland County, KY ...... Cumberland County, KY Edmonson County, KY ...... Edmonson County, KY Elliott County, KY ...... Elliott County, KY Estill County, KY ...... Estill County, KY Fleming County, KY ...... Fleming County, KY Fulton County, KY ...... Fulton County, KY Gallatin County, KY ...... Gallatin County, KY Garrard County, KY ...... Garrard County, KY Grant County, KY ...... Grant County, KY Grayson County, KY ...... Grayson County, KY Green County, KY ...... Green County, KY Harlan County, KY ...... Harlan County, KY Hopkinsville City, KY ...... Christian County, KY Jackson County, KY ...... Jackson County, KY Knox County, KY ...... Knox County, KY Larue County, KY ...... Larue County, KY Lawrence County, KY ...... Lawrence County, KY Lee County, KY ...... Lee County, KY Leslie County, KY ...... Leslie County, KY Lewis County, KY ...... Lewis County, KY

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62580 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Lincoln County, KY ...... Lincoln County, KY Lyon County, KY ...... Lyon County, KY Magoffin County, KY ...... Magoffin County, KY Marion County, KY ...... Marion County, KY Martin County, KY ...... Martin County, KY McCreary County, KY ...... McCreary County, KY Meade County, KY ...... Meade County, KY Menifee County, KY ...... Menifee County, KY Metcalfe County, KY ...... Metcalfe County, KY Monroe County, KY ...... Monroe County, KY Montgomery County, KY ...... Montgomery County, KY Morgan County, KY ...... Morgan County, KY Muhlenberg County, KY ...... Muhlenberg County, KY Nelson County, KY ...... Nelson County, KY Nicholas County, KY ...... Nicholas County, KY Owsley County, KY ...... Owsley County, KY Pendleton County, KY ...... Pendleton County, KY Powell County, KY ...... Powell County, KY Rockcastle County, KY ...... Rockcastle County, KY Russell County, KY ...... Russell County, KY Simpson County, KY ...... Simpson County, KY Todd County, KY ...... Todd County, KY Trigg County, KY ...... Trigg County, KY Trimble County, KY ...... Trimble County, KY Union County, KY ...... Union County, KY Washington County, KY ...... Washington County, KY Wayne County, KY ...... Wayne County, KY Whitley County, KY ...... Whitley County, KY Wolfe County, KY ...... Wolfe County, KY

Louisiana

Concordia Parish, LA ...... Concordia Parish, LA East Carroll Parish, LA ...... East Carroll Parish, LA Morehouse Parish, LA ...... Morehouse Parish, LA St. Helena Parish, LA ...... St. Helena Parish, LA Tensas Parish, LA ...... Tensas Parish, LA West Carroll Parish, LA ...... West Carroll Parish, LA

Maryland

Worcester County, MD ...... Worcester County, MD

Massachusetts

Fall River City, MA ...... Fall River City, MA Fitchburg City, MA ...... Fitchburg City, MA Gardner City, MA ...... Gardner City, MA Holyoke City, MA ...... Holyoke City, MA Lawrence City, MA ...... Lawrence City, MA New Bedford City, MA ...... New Bedford City, MA Southbridge Town, MA ...... Southbridge Town, MA Springfield City, MA ...... Springfield City, MA

Michigan

Alcona County, MI ...... Alcona County, MI Alger County, MI ...... Alger County, MI Alpena County, MI ...... Alpena County, MI Antrim County, MI ...... Antrim County, MI Arenac County, MI ...... Arenac County, MI Balance of Allegan County, MI ...... Allegan County, MI Balance of Bay County, MI ...... Bay County, MI Balance of Jackson County, MI ...... Jackson County, MI Balance of Macomb County, MI ...... Macomb County, MI Balance of Midland County, MI ...... Midland County, MI Balance of Monroe County, MI ...... Monroe County, MI Balance of Muskegon County, MI ...... Muskegon County, MI Balance of Oakland County, MI ...... Oakland County, MI Balance of St. Clair County, MI ...... St. Clair County, MI Baraga County, MI ...... Baraga County, MI

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62581

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Battle Creek City, MI ...... Calhoun County, MI Bay City, MI ...... Bay County, MI Bedford Township, (Monroe County), MI ...... Monroe County, MI Benzie County, MI ...... Benzie County, MI Berrien County, MI ...... Berrien County, MI Blackman Charter Township,, MI ...... Jackson County, MI Branch County, MI ...... Branch County, MI Burton City, MI ...... Genesee County, MI Cass County, MI ...... Cass County, MI Charlevoix County, MI ...... Charlevoix County, MI Cheboygan County, MI ...... Cheboygan County, MI Chesterfield Township,, MI ...... Macomb County, MI Chippewa County, MI ...... Chippewa County, MI Clare County, MI ...... Clare County, MI Clinton Charter Township, (Macomb County), MI ...... Macomb County, MI Crawford County, MI ...... Crawford County, MI Delta County, MI ...... Delta County, MI Detroit City, MI ...... Wayne County, MI Dickinson County, MI ...... Dickinson County, MI East Lansing City, MI ...... Clinton County and Ingham County, MI Eastpointe City, MI ...... Macomb County, MI Emmet County, MI ...... Emmet County, MI Ferndale City, MI ...... Oakland County, MI Flint Charter Township,, MI ...... Genesee County, MI Flint City, MI ...... Genesee County, MI Gladwin County, MI ...... Gladwin County, MI Gogebic County, MI ...... Gogebic County, MI Grand Rapids City, MI ...... Kent County, MI Grand Traverse County, MI ...... Grand Traverse County, MI Gratiot County, MI ...... Gratiot County, MI Harrison Charter Township,, MI ...... Macomb County, MI Highland Park City, MI ...... Wayne County, MI Hillsdale County, MI ...... Hillsdale County, MI Holland Charter Township, (Ottawa County), MI ...... Ottawa County, MI Holland City, MI ...... Ottawa County and Allegan County, MI Houghton County, MI ...... Houghton County, MI Huron County, MI ...... Huron County, MI Inkster City, MI ...... Wayne County, MI Ionia County, MI ...... Ionia County, MI Iosco County, MI ...... Iosco County, MI Iron County, MI ...... Iron County, MI Jackson City, MI ...... Jackson County, MI Kalamazoo City, MI ...... Kalamazoo County, MI Kalkaska County, MI ...... Kalkaska County, MI Keweenaw County, MI ...... Keweenaw County, MI Lake County, MI ...... Lake County, MI Lansing City, MI ...... Ingham County and Eaton County, MI Lapeer County, MI ...... Lapeer County, MI Lenawee County, MI ...... Lenawee County, MI Lincoln Park City, MI ...... Wayne County, MI Livingston County, MI ...... Livingston County, MI Luce County, MI ...... Luce County, MI Mackinac County, MI ...... Mackinac County, MI Macomb Township,, MI ...... Macomb County, MI Madison Heights City, MI ...... Oakland County, MI Manistee County, MI ...... Manistee County, MI Mason County, MI ...... Mason County, MI Mecosta County, MI ...... Mecosta County, MI Menominee County, MI ...... Menominee County, MI Missaukee County, MI ...... Missaukee County, MI Montcalm County, MI ...... Montcalm County, MI Montmorency County, MI ...... Montmorency County, MI Mount Morris Township,, MI ...... Genesee County, MI Muskegon City, MI ...... Muskegon County, MI Newaygo County, MI ...... Newaygo County, MI Oak Park City, MI ...... Oakland County, MI Oceana County, MI ...... Oceana County, MI Ogemaw County, MI ...... Ogemaw County, MI Ontonagon County, MI ...... Ontonagon County, MI Orion Charter Township,, MI ...... Oakland County, MI Osceola County, MI ...... Osceola County, MI

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62582 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Oscoda County, MI ...... Oscoda County, MI Otsego County, MI ...... Otsego County, MI Pontiac City, MI ...... Oakland County, MI Port Huron City, MI ...... St. Clair County, MI Presque Isle County, MI ...... Presque Isle County, MI Romulus City, MI ...... Wayne County, MI Roscommon County, MI ...... Roscommon County, MI Roseville City, MI ...... Macomb County, MI Saginaw City, MI ...... Saginaw County, MI Sanilac County, MI ...... Sanilac County, MI Schoolcraft County, MI ...... Schoolcraft County, MI Shelby Charter Township (Macomb County), MI ...... Macomb County, MI Shiawassee County, MI ...... Shiawassee County, MI Southfield City, MI ...... Oakland County, MI St. Clair Shores City, MI ...... Macomb County, MI St. Joseph County, MI ...... St. Joseph County, MI Sterling Heights City, MI ...... Macomb County, MI Taylor City, MI ...... Wayne County, MI Tuscola County, MI ...... Tuscola County, MI Van Buren County, MI ...... Van Buren County, MI Warren City, MI ...... Macomb County, MI Waterford Charter Township, MI ...... Oakland County, MI Wexford County, MI ...... Wexford County, MI White Lake Charter Township, MI ...... Oakland County, MI Wyandotte City, MI ...... Wayne County, MI Wyoming City, MI ...... Kent County, MI

Minnesota

Aitkin County, MN ...... Aitkin County, MN Cass County, MN ...... Cass County, MN Clearwater County, MN ...... Clearwater County, MN Itasca County, MN ...... Itasca County, MN Kanabec County, MN ...... Kanabec County, MN Le Sueur County, MN ...... Le Sueur County, MN Mille Lacs County, MN ...... Mille Lacs County, MN Morrison County, MN ...... Morrison County, MN Pine County, MN ...... Pine County, MN Wadena County, MN ...... Wadena County, MN

Mississippi

Alcorn County, MS ...... Alcorn County, MS Attala County, MS ...... Attala County, MS Balance of Washington County, MS ...... Washington County, MS Benton County, MS ...... Benton County, MS Bolivar County, MS ...... Bolivar County, MS Calhoun County, MS ...... Calhoun County, MS Carroll County, MS ...... Carroll County, MS Chickasaw County, MS ...... Chickasaw County, MS Choctaw County, MS ...... Choctaw County, MS Claiborne County, MS ...... Claiborne County, MS Clarke County, MS ...... Clarke County, MS Clay County, MS ...... Clay County, MS Coahoma County, MS ...... Coahoma County, MS Columbus City, MS ...... Lowndes County, MS Franklin County, MS ...... Franklin County, MS Greene County, MS ...... Greene County, MS Greenville City, MS ...... Washington County, MS Grenada County, MS ...... Grenada County, MS Holmes County, MS ...... Holmes County, MS Humphreys County, MS ...... Humphreys County, MS Issaquena County, MS ...... Issaquena County, MS Itawamba County, MS ...... Itawamba County, MS Jefferson County, MS ...... Jefferson County, MS Jefferson Davis County, MS ...... Jefferson Davis County, MS Kemper County, MS ...... Kemper County, MS Lawrence County, MS ...... Lawrence County, MS Leflore County, MS ...... Leflore County, MS Marshall County, MS ...... Marshall County, MS Meridian City, MS ...... Lauderdale County, MS

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62583

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Monroe County, MS ...... Monroe County, MS Montgomery County, MS ...... Montgomery County, MS Noxubee County, MS ...... Noxubee County, MS Panola County, MS ...... Panola County, MS Perry County, MS ...... Perry County, MS Pontotoc County, MS ...... Pontotoc County, MS Prentiss County, MS ...... Prentiss County, MS Quitman County, MS ...... Quitman County, MS Sharkey County, MS ...... Sharkey County, MS Sunflower County, MS ...... Sunflower County, MS Tallahatchie County, MS ...... Tallahatchie County, MS Tippah County, MS ...... Tippah County, MS Tishomingo County, MS ...... Tishomingo County, MS Tunica County, MS ...... Tunica County, MS Tupelo City, MS ...... Lee County, MS Vicksburg City, MS ...... Warren County, MS Walthall County, MS ...... Walthall County, MS Wayne County, MS ...... Wayne County, MS Webster County, MS ...... Webster County, MS Wilkinson County, MS ...... Wilkinson County, MS Winston County, MS ...... Winston County, MS Yalobusha County, MS ...... Yalobusha County, MS Yazoo County, MS ...... Yazoo County, MS

Missouri

Balance of Jackson County, MO ...... Jackson County, MO Barton County, MO ...... Barton County, MO Clark County, MO ...... Clark County, MO Crawford County, MO ...... Crawford County, MO Dallas County, MO ...... Dallas County, MO Dunklin County, MO ...... Dunklin County, MO Franklin County, MO ...... Franklin County, MO Gasconade County, MO ...... Gasconade County, MO Hickory County, MO ...... Hickory County, MO Laclede County, MO ...... Laclede County, MO Lincoln County, MO ...... Lincoln County, MO Miller County, MO ...... Miller County, MO Monroe County, MO ...... Monroe County, MO Montgomery County, MO ...... Montgomery County, MO Morgan County, MO ...... Morgan County, MO Pemiscot County, MO ...... Pemiscot County, MO Reynolds County, MO ...... Reynolds County, MO Shannon County, MO ...... Shannon County, MO St. Francois County, MO ...... St. Francois County, MO St. Louis City, MO ...... St. Louis City, MO Stone County, MO ...... Stone County, MO Taney County, MO ...... Taney County, MO Warren County, MO ...... Warren County, MO Washington County, MO ...... Washington County, MO

Montana

Lincoln County, MT ...... Lincoln County, MT Sanders County, MT ...... Sanders County, MT

Nevada

Balance of Clark County, NV ...... Clark County, NV Balance of Washoe County, NV ...... Washoe County, NV Carson City, NV ...... Carson City, NV Douglas County, NV ...... Douglas County, NV Las Vegas City, NV ...... Clark County, NV Lyon County, NV ...... Lyon County, NV North Las Vegas City, NV ...... Clark County, NV Nye County, NV ...... Nye County, NV Sparks City, NV ...... Washoe County, NV Storey County, NV ...... Storey County, NV

New Jersey

Atlantic City, NJ ...... Atlantic County, NJ

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62584 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Balance of Atlantic County, NJ ...... Atlantic County, NJ Balance of Cumberland County, NJ ...... Cumberland County, NJ Bayonne City, NJ ...... Hudson County, NJ Berkeley Township, NJ ...... Ocean County, NJ Camden City, NJ ...... Camden County, NJ Cape May County, NJ ...... Cape May County, NJ East Orange City, NJ ...... Essex County, NJ Elizabeth City, NJ ...... Union County, NJ Garfield City, NJ ...... Bergen County, NJ Irvington Township, NJ ...... Essex County, NJ Kearny Town, NJ ...... Hudson County, NJ Manchester Township, NJ ...... Ocean County, NJ Millville City, NJ ...... Cumberland County, NJ Neptune Township,, NJ ...... Monmouth County, NJ Newark City, NJ ...... Essex County, NJ North Bergen Township, NJ ...... Hudson County, NJ Passaic City, NJ ...... Passaic County, NJ Paterson City, NJ ...... Passaic County, NJ Pennsauken Township, NJ ...... Camden County, NJ Perth Amboy City, NJ ...... Middlesex County, NJ Plainfield City, NJ ...... Union County, NJ Trenton City, NJ ...... Mercer County, NJ Union City, NJ ...... Hudson County, NJ Vineland City, NJ ...... Cumberland County, NJ West New York Town, NJ ...... Hudson County, NJ

New Mexico

Balance of Sandoval County, NM ...... Sandoval County, NM Luna County, NM ...... Luna County, NM Mora County, NM ...... Mora County, NM

New York

Bronx County, NY ...... Bronx County, NY Newburgh City, NY ...... Orange County, NY Niagara Falls City, NY ...... Niagara County, NY

North Carolina

Alamance County, NC ...... Alamance County, NC Alexander County, NC ...... Alexander County, NC Alleghany County, NC ...... Alleghany County, NC Anson County, NC ...... Anson County, NC Ashe County, NC ...... Ashe County, NC Balance of Burke County, NC ...... Burke County, NC Balance of Cabarrus County, NC ...... Cabarrus County, NC Balance of Caldwell County, NC ...... Caldwell County, NC Balance of Catawba County, NC ...... Catawba County, NC Balance of Cumberland County, NC ...... Cumberland County, NC Balance of Davidson County, NC ...... Davidson County, NC Balance of Edgecombe County, NC ...... Edgecombe County, NC Balance of Gaston County, NC ...... Gaston County, NC Balance of Guilford County, NC ...... Guilford County, NC Balance of Iredell County, NC ...... Iredell County, NC Balance of Lee County, NC ...... Lee County, NC Balance of Mecklenburg County, NC ...... Mecklenburg County, NC Balance of Nash County, NC ...... Nash County, NC Balance of Pitt County, NC ...... Pitt County, NC Balance of Rowan County, NC ...... Rowan County, NC Balance of Wilson County, NC ...... Wilson County, NC Beaufort County, NC ...... Beaufort County, NC Bertie County, NC ...... Bertie County, NC Bladen County, NC ...... Bladen County, NC Caswell County, NC ...... Caswell County, NC Cherokee County, NC ...... Cherokee County, NC Chowan County, NC ...... Chowan County, NC Cleveland County, NC ...... Cleveland County, NC Columbus County, NC ...... Columbus County, NC Edgecombe County, NC ...... Edgecombe County, NC Gastonia City, NC ...... Gaston County, NC

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62585

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Graham County, NC ...... Graham County, NC Halifax County, NC ...... Halifax County, NC Hickory City, NC ...... Burke County, Caldwell County and Catawba County, NC Kannapolis City, NC ...... Cabarrus County and Rowan County, NC Kinston City, NC ...... Lenoir County, NC Lincoln County, NC ...... Lincoln County, NC McDowell County, NC ...... McDowell County, NC Mitchell County, NC ...... Mitchell County, NC Montgomery County, NC ...... Montgomery County, NC Northampton County, NC ...... Northampton County, NC Person County, NC ...... Person County, NC Richmond County, NC ...... Richmond County, NC Robeson County, NC ...... Robeson County, NC Rockingham County, NC ...... Rockingham County, NC Rocky Mount City, NC ...... Edgecombe County and Nash County, NC Rutherford County, NC ...... Rutherford County, NC Salisbury City, NC ...... Rowan County, NC Sanford City, NC ...... Lee County, NC Scotland County, NC ...... Scotland County, NC Stanly County, NC ...... Stanly County, NC Statesville City, NC ...... Iredell County, NC Surry County, NC ...... Surry County, NC Swain County, NC ...... Swain County, NC Thomasville City, NC ...... Davidson County, NC Vance County, NC ...... Vance County, NC Warren County, NC ...... Warren County, NC Washington County, NC ...... Washington County, NC Wilkes County, NC ...... Wilkes County, NC Wilson City, NC ...... Wilson County, NC Yancey County, NC ...... Yancey County, NC

North Dakota

Rolette County, ND ...... Rolette County, ND

Ohio

Adams County, OH ...... Adams County, OH Ashland County, OH ...... Ashland County, OH Ashtabula County, OH ...... Ashtabula County, OH Balance of Mahoning County, OH ...... Mahoning County, OH Balance of Miami County, OH ...... Miami County, OH Balance of Muskingum County, OH ...... Muskingum County, OH Balance of Richland County, OH ...... Richland County, OH Balance of Trumbull County, OH ...... Trumbull County, OH Balance of Wood County, OH ...... Wood County, OH Barberton City, OH ...... Summit County, OH Brown County, OH ...... Brown County, OH Canton City, OH ...... Stark County, OH Carroll County, OH ...... Carroll County, OH Champaign County, OH ...... Champaign County, OH Cleveland City, OH ...... Cuyahoga County, OH Clinton County, OH ...... Clinton County, OH Columbiana County, OH ...... Columbiana County, OH Coshocton County, OH ...... Coshocton County, OH Crawford County, OH ...... Crawford County, OH Dayton City, OH ...... Montgomery County, OH Defiance County, OH ...... Defiance County, OH East Cleveland City, OH ...... Cuyahoga County, OH Fulton County, OH ...... Fulton County, OH Garfield Heights City, OH ...... Cuyahoga County, OH Guernsey County, OH ...... Guernsey County, OH Hardin County, OH ...... Hardin County, OH Harrison County, OH ...... Harrison County, OH Henry County, OH ...... Henry County, OH Highland County, OH ...... Highland County, OH Hocking County, OH ...... Hocking County, OH Huber Heights City, OH ...... Miami County, OH Huron County, OH ...... Huron County, OH Jackson County, OH ...... Jackson County, OH

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62586 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Jefferson County, OH ...... Jefferson County, OH Lima City, OH ...... Allen County, OH Lorain City, OH ...... Lorain County, OH Mansfield City, OH ...... Richland County, OH Maple Heights City, OH ...... Cuyahoga County, OH Marion City, OH ...... Marion County, OH Massillon City, OH ...... Stark County, OH Meigs County, OH ...... Meigs County, OH Middletown City, OH ...... Butler County and Warren County, OH Monroe County, OH ...... Monroe County, OH Morgan County, OH ...... Morgan County, OH Noble County, OH ...... Noble County, OH Ottawa County, OH ...... Ottawa County, OH Paulding County, OH ...... Paulding County, OH Perry County, OH ...... Perry County, OH Pike County, OH ...... Pike County, OH Preble County, OH ...... Preble County, OH Riverside City, OH ...... Montgomery County, OH Ross County, OH ...... Ross County, OH Sandusky City, OH ...... Erie County, OH Sandusky County, OH ...... Sandusky County, OH Scioto County, OH ...... Scioto County, OH Seneca County, OH ...... Seneca County, OH Shelby County, OH ...... Shelby County, OH Toledo City, OH ...... Lucas County, OH Trotwood City, OH ...... Montgomery County, OH Van Wert County, OH ...... Van Wert County, OH Vinton County, OH ...... Vinton County, OH Warren City, OH ...... Trumbull County, OH Williams County, OH ...... Williams County, OH Wyandot County, OH ...... Wyandot County, OH Xenia City, OH ...... Greene County, OH Youngstown City, OH ...... Mahoning County, OH Zanesville City, OH ...... Muskingum County, OH

Oregon

Albany City, OR ...... Benton County and Linn County, OR Balance of Deschutes County, OR ...... Deschutes County, OR Balance of Jackson County, OR ...... Jackson County, OR Balance of Josephine County, OR ...... Josephine County, OR Balance of Lane County, OR ...... Lane County, OR Balance of Linn County, OR ...... Linn County, OR Balance of Marion County, OR ...... Marion County, OR Bend City, OR ...... Deschutes County, OR Columbia County, OR ...... Columbia County, OR Coos County, OR ...... Coos County, OR Crook County, OR ...... Crook County, OR Curry County, OR ...... Curry County, OR Douglas County, OR ...... Douglas County, OR Grant County, OR ...... Grant County, OR Grants Pass City, OR ...... Josephine County, OR Harney County, OR ...... Harney County, OR Jefferson County, OR ...... Jefferson County, OR Klamath County, OR ...... Klamath County, OR Lake County, OR ...... Lake County, OR Malheur County, OR ...... Malheur County, OR McMinnville City, OR ...... Yamhill County, OR Medford City, OR ...... Jackson County, OR Springfield City, OR ...... Lane County, OR Union County, OR ...... Union County, OR Wallowa County, OR ...... Wallowa County, OR

Pennsylvania

Allentown City, PA ...... Lehigh County, PA Cameron County, PA ...... Cameron County, PA Chester City, PA ...... Delaware County, PA Elk County, PA ...... Elk County, PA Forest County, PA ...... Forest County, PA Fulton County, PA ...... Fulton County, PA

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62587

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Hazleton City, PA ...... Luzerne County, PA Mercer County, PA ...... Mercer County, PA Potter County, PA ...... Potter County, PA Reading City, PA ...... Berks County, PA York City, PA ...... York County, PA

Rhode Island

Burrillville Town, RI ...... Burrillville Town, RI Central Falls City, RI ...... Central Falls City, RI Cranston City, RI ...... Cranston City, RI East Providence City, RI ...... East Providence City, RI Johnston Town, RI ...... Johnston Town, RI North Providence Town, RI ...... North Providence Town, RI Pawtucket City, RI ...... Pawtucket City, RI Providence City, RI ...... Providence City, RI West Warwick Town, RI ...... West Warwick Town, RI Woonsocket City, RI ...... Woonsocket City, RI

South Carolina

Abbeville County, SC ...... Abbeville County, SC Aiken City, SC ...... Aiken County, SC Allendale County, SC ...... Allendale County, SC Anderson City, SC ...... Anderson County, SC Balance of Sumter County, SC ...... Sumter County, SC Bamberg County, SC ...... Bamberg County, SC Barnwell County, SC ...... Barnwell County, SC Calhoun County, SC ...... Calhoun County, SC Cherokee County, SC ...... Cherokee County, SC Chester County, SC ...... Chester County, SC Chesterfield County, SC ...... Chesterfield County, SC Clarendon County, SC ...... Clarendon County, SC Colleton County, SC ...... Colleton County, SC Columbia City, SC ...... Lexington County and Richland County, SC Darlington County, SC ...... Darlington County, SC Dillon County, SC ...... Dillon County, SC Fairfield County, SC ...... Fairfield County, SC Florence City, SC ...... Florence County, SC Georgetown County, SC ...... Georgetown County, SC Goose Creek City, SC ...... Berkeley County, SC Greenville City, SC ...... Greenville County, SC Greenwood County, SC ...... Greenwood County, SC Hampton County, SC ...... Hampton County, SC Lancaster County, SC ...... Lancaster County, SC Laurens County, SC ...... Laurens County, SC Lee County, SC ...... Lee County, SC Marion County, SC ...... Marion County, SC Marlboro County, SC ...... Marlboro County, SC McCormick County, SC ...... McCormick County, SC Myrtle Beach City, SC ...... Horry County, SC Newberry County, SC ...... Newberry County, SC North Charleston City, SC ...... Charleston County and Dorchester County, SC Oconee County, SC ...... Oconee County, SC Orangeburg County, SC ...... Orangeburg County, SC Rock Hill City, SC ...... York County, SC Spartanburg City, SC ...... Spartanburg County, SC Summerville Town, SC ...... Berkeley County, Charleston County and Dorchester County, SC Sumter City, SC ...... Sumter County, SC Union County, SC ...... Union County, SC Williamsburg County, SC ...... Williamsburg County, SC

South Dakota

Buffalo County, SD ...... Buffalo County, SD Dewey County, SD ...... Dewey County, SD Shannon County, SD ...... Shannon County, SD

Tennessee

Balance of Maury County, TN ...... Maury County, TN

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62588 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Bedford County, TN ...... Bedford County, TN Benton County, TN ...... Benton County, TN Bledsoe County, TN ...... Bledsoe County, TN Campbell County, TN ...... Campbell County, TN Cannon County, TN ...... Cannon County, TN Carroll County, TN ...... Carroll County, TN Chester County, TN ...... Chester County, TN Claiborne County, TN ...... Claiborne County, TN Clay County, TN ...... Clay County, TN Cocke County, TN ...... Cocke County, TN Columbia City, TN ...... Maury County, TN Crockett County, TN ...... Crockett County, TN Cumberland County, TN ...... Cumberland County, TN Decatur County, TN ...... Decatur County, TN Dyer County, TN ...... Dyer County, TN Fayette County, TN ...... Fayette County, TN Fentress County, TN ...... Fentress County, TN Gallatin City, TN ...... Sumner County, TN Gibson County, TN ...... Gibson County, TN Giles County, TN ...... Giles County, TN Grainger County, TN ...... Grainger County, TN Greene County, TN ...... Greene County, TN Grundy County, TN ...... Grundy County, TN Hancock County, TN ...... Hancock County, TN Hardeman County, TN ...... Hardeman County, TN Hardin County, TN ...... Hardin County, TN Hawkins County, TN ...... Hawkins County, TN Haywood County, TN ...... Haywood County, TN Henderson County, TN ...... Henderson County, TN Henry County, TN ...... Henry County, TN Hickman County, TN ...... Hickman County, TN Houston County, TN ...... Houston County, TN Humphreys County, TN ...... Humphreys County, TN Jackson City, TN ...... Madison County, TN Jackson County, TN ...... Jackson County, TN Jefferson County, TN ...... Jefferson County, TN Johnson County, TN ...... Johnson County, TN Lake County, TN ...... Lake County, TN Lauderdale County, TN ...... Lauderdale County, TN Lawrence County, TN ...... Lawrence County, TN Lewis County, TN ...... Lewis County, TN Macon County, TN ...... Macon County, TN Marion County, TN ...... Marion County, TN Marshall County, TN ...... Marshall County, TN McMinn County, TN ...... McMinn County, TN McNairy County, TN ...... McNairy County, TN Meigs County, TN ...... Meigs County, TN Memphis City, TN ...... Shelby County, TN Monroe County, TN ...... Monroe County, TN Morgan County, TN ...... Morgan County, TN Morristown City, TN ...... Hamblen County, TN Overton County, TN ...... Overton County, TN Perry County, TN ...... Perry County, TN Pickett County, TN ...... Pickett County, TN Polk County, TN ...... Polk County, TN Rhea County, TN ...... Rhea County, TN Scott County, TN ...... Scott County, TN Sequatchie County, TN ...... Sequatchie County, TN Smith County, TN ...... Smith County, TN Stewart County, TN ...... Stewart County, TN Tipton County, TN ...... Tipton County, TN Trousdale County, TN ...... Trousdale County, TN Unicoi County, TN ...... Unicoi County, TN Van Buren County, TN ...... Van Buren County, TN Warren County, TN ...... Warren County, TN Wayne County, TN ...... Wayne County, TN Weakley County, TN ...... Weakley County, TN White County, TN ...... White County, TN

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62589

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Texas

Balance of El Paso County, TX ...... El Paso County, TX Balance of Hidalgo County, TX ...... Hidalgo County, TX Balance of Maverick County, TX ...... Maverick County, TX Balance of Webb County, TX ...... Webb County, TX Eagle Pass City, TX ...... Maverick County, TX Port Arthur City, TX ...... Jefferson County, TX San Juan City, TX ...... Hidalgo County, TX Morris County, TX ...... Morris County, TX Newton County, TX ...... Newton County, TX Presidio County, TX ...... Presidio County, TX Sabine County, TX ...... Sabine County, TX Starr County, TX ...... Starr County, TX Willacy County, TX ...... Willacy County, TX Zavala County, TX ...... Zavala County, TX

Virginia

Danville City, VA ...... Danville City, VA Emporia City, VA ...... Emporia City, VA Halifax County, VA ...... Halifax County, VA Henry County, VA ...... Henry County, VA Martinsville City, VA ...... Martinsville City, VA Page County, VA ...... Page County, VA Petersburg City, VA ...... Petersburg City, VA Williamsburg City, VA ...... Williamsburg City, VA

Washington

Clark County, WA ...... Clark County, WA Cowlitz County, WA ...... Cowlitz County, WA Ferry County, WA ...... Ferry County, WA Grays Harbor County, WA ...... Grays Harbor County, WA Lewis County, WA ...... Lewis County, WA Pacific County, WA ...... Pacific County, WA Pend Oreille County, WA ...... Pend Oreille County, WA Skamania County, WA ...... Skamania County, WA Stevens County, WA ...... Stevens County, WA Wahkiakum County, WA ...... Wahkiakum County, WA

West Virginia

Calhoun County, WV ...... Calhoun County, WV Mason County, WV ...... Mason County, WV Pocahontas County, WV ...... Pocahontas County, WV Roane County, WV ...... Roane County, WV Wetzel County, WV ...... Wetzel County, WV Wirt County, WV ...... Wirt County, WV

Wisconsin

Beloit City, WI ...... Rock County, WI Green Bay City, WI ...... Brown County, WI Iron County, WI ...... Iron County, WI Janesville City, WI ...... Rock County, WI Menominee County, WI ...... Menominee County, WI Racine City, WI ...... Racine County, WI Rusk County, WI ...... Rusk County, WI West Bend City, WI ...... Washington County, WI

Puerto Rico

Adjuntas Municipio, PR ...... Adjuntas Municipio, PR Aguada Municipio, PR ...... Aguada Municipio, PR Aguadilla Municipio, PR ...... Aguadilla Municipio, PR Aguas Buenas Municipio, PR ...... Aguas Buenas Municipio, PR Aibonito Municipio, PR ...... Aibonito Municipio, PR Anasco Municipio, PR ...... Anasco Municipio, PR Arecibo Municipio, PR ...... Arecibo Municipio, PR Arroyo Municipio, PR ...... Arroyo Municipio, PR

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62590 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

LABOR SURPLUS AREAS—Continued [October 1, 2010 through September 30, 2011]

Eligible labor surplus areas Civil jurisdictions included

Barceloneta Municipio, PR ...... Barceloneta Municipio, PR Barranquitas Municipio, PR ...... Barranquitas Municipio, PR Bayamon Municipio, PR ...... Bayamon Municipio, PR Cabo Rojo Municipio, PR ...... Cabo Rojo Municipio, PR Caguas Municipio, PR ...... Caguas Municipio, PR Camuy Municipio, PR ...... Camuy Municipio, PR Canovanas Municipio, PR ...... Canovanas Municipio, PR Carolina Municipio, PR ...... Carolina Municipio, PR Catano Municipio, PR ...... Catano Municipio, PR Cayey Municipio, PR ...... Cayey Municipio, PR Ceiba Municipio, PR ...... Ceiba Municipio, PR Ciales Municipio, PR ...... Ciales Municipio, PR Cidra Municipio, PR ...... Cidra Municipio, PR Coamo Municipio, PR ...... Coamo Municipio, PR Comerio Municipio, PR ...... Comerio Municipio, PR Corozal Municipio, PR ...... Corozal Municipio, PR Dorado Municipio, PR ...... Dorado Municipio, PR Fajardo Municipio, PR ...... Fajardo Municipio, PR Florida Municipio, PR ...... Florida Municipio, PR Guanica Municipio, PR ...... Guanica Municipio, PR Guayama Municipio, PR ...... Guayama Municipio, PR Guayanilla Municipio, PR ...... Guayanilla Municipio, PR Gurabo Municipio, PR ...... Gurabo Municipio, PR Hatillo Municipio, PR ...... Hatillo Municipio, PR Hormigueros Municipio, PR ...... Hormigueros Municipio, PR Humacao Municipio, PR ...... Humacao Municipio, PR Isabela Municipio, PR ...... Isabela Municipio, PR Jayuya Municipio, PR ...... Jayuya Municipio, PR Juana Diaz Municipio, PR ...... Juana Diaz Municipio, PR Juncos Municipio, PR ...... Juncos Municipio, PR Lajas Municipio, PR ...... Lajas Municipio, PR Lares Municipio, PR ...... Lares Municipio, PR Las Marias Municipio, PR ...... Las Marias Municipio, PR Las Piedras Municipio, PR ...... Las Piedras Municipio, PR Loiza Municipio, PR ...... Loiza Municipio, PR Luquillo Municipio, PR ...... Luquillo Municipio, PR Manati Municipio, PR ...... Manati Municipio, PR Maricao Municipio, PR ...... Maricao Municipio, PR Maunabo Municipio, PR ...... Maunabo Municipio, PR Mayaguez Municipio, PR ...... Mayaguez Municipio, PR Moca Municipio, PR ...... Moca Municipio, PR Morovis Municipio, PR ...... Morovis Municipio, PR Naguabo Municipio, PR ...... Naguabo Municipio, PR Naranjito Municipio, PR ...... Naranjito Municipio, PR Orocovis Municipio, PR ...... Orocovis Municipio, PR Patillas Municipio, PR ...... Patillas Municipio, PR Penuelas Municipio, PR ...... Penuelas Municipio, PR Ponce Municipio, PR ...... Ponce Municipio, PR Quebradillas Municipio, PR ...... Quebradillas Municipio, PR Rincon Municipio, PR ...... Rincon Municipio, PR Rio Grande Municipio, PR ...... Rio Grande Municipio, PR Sabana Grande Municipio, PR ...... Sabana Grande Municipio, PR Salinas Municipio, PR ...... Salinas Municipio, PR San German Municipio, PR ...... San German Municipio, PR San Juan Municipio, PR ...... San Juan Municipio, PR San Lorenzo Municipio, PR ...... San Lorenzo Municipio, PR San Sebastian Municipio, PR ...... San Sebastian Municipio, PR Santa Isabel Municipio, PR ...... Santa Isabel Municipio, PR Toa Alta Municipio, PR ...... Toa Alta Municipio, PR Toa Baja Municipio, PR ...... Toa Baja Municipio, PR Utuado Municipio, PR ...... Utuado Municipio, PR Vega Alta Municipio, PR ...... Vega Alta Municipio, PR Vega Baja Municipio, PR ...... Vega Baja Municipio, PR Vieques Municipio, PR ...... Vieques Municipio, PR Villalba Municipio, PR ...... Villalba Municipio, PR Yabucoa Municipio, PR ...... Yabucoa Municipio, PR Yauco Municipio, PR ...... Yauco Municipio, PR

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62591

[FR Doc. 2010–25565 Filed 10–8–10; 8:45 am] Board invited amicus curiae to submit Associate Administrator for Exploration BILLING CODE 4510–FT–P briefs in these matters, see 75 FR 20007, Systems Mission Directorate, NASA Apr. 16, 2010; 75 FR 29366, May 25, Headquarters; 2010, and provided the amici curiae Associate Administrator for Space MERIT SYSTEMS PROTECTION with an opportunity to request Operations Mission Directorate, BOARD permission to present oral argument. NASA Headquarters; The briefs submitted by the parties and Associate Administrator for Science Oral Argument the amici curiae are available for Mission Directorate, NASA viewing on the MSPB’s Web site at Headquarters; AGENCY: Merit Systems Protection http://www.mspb.gov/oralarguments/. A Associate Administrator for Aeronautics Board. recording of the oral argument will also Research Mission Directorate, NASA ACTION: Notice. be made available on the MSPB’s Web Headquarters; SUMMARY: Notice is hereby given of the site. The public is welcome to attend Associate Administrator for Mission scheduling of oral argument in the this hearing for the sole purpose of Support Directorate, NASA matters of: Hyginus U. Aguzie v. Office observation. Persons with disabilities Headquarters; of Personnel Management, MSPB who require reasonable accommodation Associate Administrator for Diversity Docket Number DC–0731–09–0261–R–1; to participate in this event should direct and Equal Opportunity, NASA Jenee Ella Hunt-O’Neal v. Office of the request to the MSPB Director of Headquarters; Personnel Management, MSPB Docket Equal Employment Opportunity at Assistant Administrator for Human Number AT–0731–09–0240–I–1; James (202) 653–6772 ext. 1194 or V/TDD 1– Capital Management, NASA A. Scott v. Office of Personnel 800–877–8339 (Federal Relay Service). Headquarters; Management, MSPB Docket Number All requests should be made at least one Chief Engineer, NASA Headquarters; CH–0731–09–0578–I–1; and Holley C. week in advance. General Counsel, NASA Headquarters; Chief Technologist, NASA Barnes v. Office of Personnel William D. Spencer, Headquarters; Management, MSPB Docket Number Clerk of the Board. DC–0731–09–0260–R–1. Chief Scientist, NASA Headquarters; Date and Time: Monday, October 18, [FR Doc. 2010–25552 Filed 10–8–10; 8:45 am] Chief Information Officer, NASA 2010, at 10 a.m. BILLING CODE 7400–01–P Headquarters; Place: The United States Court of Chief, Safety and Mission Assurance, Appeals for the Federal Circuit, Room NASA Headquarters; 201, 717 Madison Place, NW., NATIONAL AERONAUTICS AND Director, Ames Research Center; Washington DC. SPACE ADMINISTRATION Director, Dryden Flight Research Center; Status: Open. [Notice (10–121)] Director, Glenn Research Center ; FOR FURTHER INFORMATION CONTACT: Director, Goddard Space Flight Center; Matthew Shannon, Merit Systems Performance Review Board, Senior Director, Johnson Space Center; Protection Board, Office of the Clerk of Executive Service (SES) Director, Kennedy Space Center; the Board, 1615 M Street, NW., Director, Langley Research Center; Washington, DC 20419; (202) 653–7200; AGENCY: National Aeronautics and Director, Marshall Space Flight Center; [email protected]. Space Administration (NASA). Director, Stennis Space Center. ACTION: Notice of Membership of SES SUPPLEMENTARY INFORMATION: Pursuant Senior Executive Committee to 5 CFR 1201.117(a)(2), the Merit Performance Review Board. Systems Protection Board (‘‘MSPB’’ or Chairperson, Deputy Administrator, SUMMARY: The Civil Service Reform Act NASA Headquarters; ‘‘Board’’) will hear oral argument in the of 1978, Public Law 95–454 (Section matters of Hyginus U. Aguzie v. Office Chair, Executive Resources Board, 405) requires that appointments of NASA Headquarters; of Personnel Management, MSPB individual members to a Performance Docket Number DC–0731–09–0261–R–1; Chair, NASA Performance Review Review Board (PRB) be published in the Board, NASA Headquarters; Jenee Ella Hunt-O’Neal v. Office of Federal Register. Personnel Management, MSPB Docket Associate Administrator, NASA The performance review function for Headquarters; Number AT–0731–09–0240–I–1; James the SES in NASA is being performed by A. Scott v. Office of Personnel Associate Deputy Administrator, NASA the NASA PRB and the NASA Senior Headquarters; Management, MSPB Docket Number Executive Committee. The latter CH–0731–09–0578–I–1; and Holley C. Chief Information Officer, NASA performs this function for senior Headquarters. Barnes v. Office of Personnel executives who report directly to the Management, MSPB Docket Number Administrator or the Deputy Charles F. Bolden, Jr., DC–0731–09–0260–R–1. Aguzie, et al. Administrator and members of the PRB. Administrator. raise the question of whether, when the The following individuals are serving [FR Doc. 2010–25471 Filed 10–8–10; 8:45 am] Office of Personnel Management (OPM) on the Board and the Committee: BILLING CODE P directs an agency to separate a tenured employee for suitability reasons, the Performance Review Board Board must consider a subsequent Chairperson, Chief of Staff, NASA NATIONAL SCIENCE FOUNDATION appeal under 5 CFR part 731 as Headquarters; contemplated therein, or should the Executive Secretary, Director, Workforce Committee on Equal Opportunities in Board instead consider the appeal under Management and Development Science and Engineering (CEOSE); 5 U.S.C. chapter 75, given that the scope Division, NASA Headquarters; Notice of Meeting of a chapter 75 appeal is broader than Associate Administrator, NASA a part 731 appeal and that OPM Headquarters; In accordance with the Federal generally lacks authority to issue Associate Deputy Administrator, NASA Advisory Committee Act (Pub. L. 92– regulations limiting statutory rights. The Headquarters; 463, as amended), the National Science

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62592 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Foundation announces the following NUCLEAR REGULATORY Normally, the Commission will not meeting: COMMISSION issue the amendment until the expiration of 60 days after the date of Name: Committee on Equal Opportunities publication of this notice. The in Science and Engineering (1173). [NRC–2010–0308] Dates/Time: October 25, 2010, 8:30 a.m.– Commission may issue the license 5:30 p.m., October 26, 2010, 8:30 a.m.–2 p.m. Applications and Amendments to amendment before expiration of the 60- Place: National Science Foundation (NSF), Facility Operating Licenses Involving day period provided that its final 4201 Wilson Boulevard, Arlington, VA Proposed No Significant Hazards determination is that the amendment 22230. Considerations and Containing involves no significant hazards To help facilitate your access into the Sensitive Unclassified Non-Safeguards consideration. In addition, the building, please contact the individual listed Information and Order Imposing Commission may issue the amendment below prior to the meeting so that a visitor’s Procedures for Access to Sensitive prior to the expiration of the 30-day badge may be prepared for you in advance. Unclassified Non-Safeguards comment period should circumstances Type of Meeting: Open. Information change during the 30-day comment Contact Person: Dr. Margaret E.M. Tolbert, period such that failure to act in a Senior Advisor and CEOSE Executive I. Background timely way would result, for example in Liaison, Office of Integrative Activities, Pursuant to section 189a. (2) of the derating or shutdown of the facility. National Science Foundation, 4201 Wilson Atomic Energy Act of 1954, as amended Should the Commission take action Boulevard, Arlington, VA 22230. (the Act), the U.S. Nuclear Regulatory prior to the expiration of either the Telephone Numbers: (703) 292–4216, 703– Commission (the Commission or NRC comment period or the notice period, it 292–8040; [email protected]. staff) is publishing this notice. The Act will publish in the Federal Register a Minutes: Minutes may be obtained from requires the Commission publish notice notice of issuance. Should the the Executive Liaison at the above address or of any amendments issued, or proposed Commission make a final No Significant the Web site at http://www.nsf.gov/od/oia/ to be issued and grants the Commission Hazards Consideration Determination, activities/ceose/index.jsp. the authority to issue and make any hearing will take place after Purpose of Meeting: To study NSF immediately effective any amendment issuance. The Commission expects that programs and policies and provide advice to an operating license upon a the need to take this action will occur very infrequently. and recommendations to the National determination by the Commission that Written comments may be submitted Science Foundation (NSF) concerning such amendment involves no significant by mail to the Chief, Rules, broadening participation in science and hazards consideration, notwithstanding engineering. Announcements and Directives Branch the pendency before the Commission of (RADB), TWB–05–B01M, Division of Agenda a request for a hearing from any person. Administrative Services, Office of This notice includes notices of Monday and Tuesday, October 25–26, 2010 Administration, U.S. Nuclear Regulatory amendments containing sensitive Commission, Washington, DC 20555– Opening Statements by the CEOSE Chairs unclassified non-safeguards information 0001, and should cite the publication Presentations and Discussions: (SUNSI). date and page number of this Federal ✔ Expanding Minority Participation: Notice of Consideration of Issuance of Register notice. Written comments may America’s Science and Technology Talent Amendments to Facility Operating also be faxed to the RADB at 301–492– at the Crossroads Licenses, Proposed No Significant 3446. Documents may be examined, ✔ Reports from CEOSE Liaisons to NSF Hazards Consideration Determination, and/or copied for a fee, at the NRC’s Advisory Committees and Opportunity for a Hearing Public Document Room (PDR), located ✔ Progress Report on Correcting the Multi- at One White Flint North, Public File Race Coding Error in the Survey of The Commission has made a Area O1 F21, 11555 Rockville Pike (first Doctorate Recipients proposed determination that the floor), Rockville, Maryland. ✔ The Process for Filling CEOSE following amendment requests involve Within 60 days after the date of Membership Vacancies no significant hazards consideration. publication of this notice, any person(s) ✔ Appointment of CEOSE Liaisons to NSF Under the Commission’s regulations in whose interest may be affected by this Advisory Committees Title 10 of the Code of Federal action may file a request for a hearing ✔ Establishment of CEOSE Ad Hoc Regulations (10 CFR), Section 50.92, and a petition to intervene with respect Subcommittees this means that operation of the facility to issuance of the amendment to the ✔ An Update on Plans to Establish the in accordance with the proposed subject facility operating license. Science of Broadening Participation amendment would not (1) involve a Requests for a hearing and a petition for Program significant increase in the probability or leave to intervene shall be filed in ✔ A Conversation with the Leader(s) of the consequences of an accident previously accordance with the Commission’s National Science Foundation evaluated; or (2) create the possibility of ‘‘Rules of Practice for Domestic Dated: October 6, 2010. a new or different kind of accident from Licensing Proceedings’’ in 10 CFR Part any accident previously evaluated; or Susanne Bolton, 2. Interested person(s) should consult a (3) involve a significant reduction in a current copy of 10 CFR 2.309, which is Committee Management Officer. margin of safety. The basis for this available at the Commission’s PDR, [FR Doc. 2010–25525 Filed 10–8–10; 8:45 am] proposed determination for each located at One White Flint North, Public BILLING CODE 7555–01–P amendment request is shown below. File Area O1F21, 11555 Rockville Pike The Commission is seeking public (first floor), Rockville, Maryland, or at comments on this proposed http://www.nrc.gov/reading-rm/doc- determination. Any comments received collections/cfr/part002/part002– within 30 days after the date of 0309.html. Publicly available records publication of this notice will be will be accessible from the Agencywide considered in making any final Documents Access and Management determination. System’s (ADAMS) Public Electronic

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62593

Reading Room on the Internet at the contention will not be permitted to issued digital ID certificate). Based upon NRC Web site, http://www.nrc.gov/ participate as a party. this information, the Secretary will reading-rm.html. If a request for a Those permitted to intervene become establish an electronic docket for the hearing or petition for leave to intervene parties to the proceeding, subject to any hearing in this proceeding if the is filed within 60 days, the Commission limitations in the order granting leave to Secretary has not already established an or a presiding officer designated by the intervene, and have the opportunity to electronic docket. Commission or by the Chief participate fully in the conduct of the Information about applying for a Administrative Judge of the Atomic hearing. digital ID certificate is available on Safety and Licensing Board Panel, will If a hearing is requested, and the NRC’s public Web site at http:// rule on the request and/or petition; and Commission has not made a final www.nrc.gov/site-help/e-submittals/ the Secretary or the Chief determination on the issue of no apply-certificates.html. System Administrative Judge of the Atomic significant hazards consideration, the requirements for accessing the E- Safety and Licensing Board will issue a Commission will make a final Submittal server are detailed in NRC’s notice of a hearing or an appropriate determination on the issue of no ‘‘Guidance for Electronic Submission,’’ order. significant hazards consideration. The which is available on the agency’s As required by 10 CFR 2.309, a final determination will serve to decide public Web site at http://www.nrc.gov/ petition for leave to intervene shall set when the hearing is held. If the final site-help/e-submittals.html. Participants forth with particularity the interest of determination is that the amendment may attempt to use other software not the petitioner in the proceeding, and request involves no significant hazards listed on the Web site, but should note how that interest may be affected by the consideration, the Commission may that the NRC’s E-Filing system does not results of the proceeding. The petition issue the amendment and make it support unlisted software, and the NRC immediately effective, notwithstanding should specifically explain the reasons Meta System Help Desk will not be able the request for a hearing. Any hearing why intervention should be permitted to offer assistance in using unlisted held would take place after issuance of with particular reference to the software. the amendment. If the final If a participant is electronically following general requirements: (1) The determination is that the amendment submitting a document to the NRC in name, address, and telephone number of request involves a significant hazards accordance with the E-Filing rule, the the requestor or petitioner; (2) the consideration, any hearing held would participant must file the document nature of the requestor’s/petitioner’s take place before the issuance of any using the NRC’s online, Web-based right under the Act to be made a party amendment. submission form. In order to serve to the proceeding; (3) the nature and All documents filed in NRC documents through EIE, users will be extent of the requestor’s/petitioner’s adjudicatory proceedings, including a required to install a Web browser plug- property, financial, or other interest in request for hearing, a petition for leave in from the NRC Web site. Further the proceeding; and (4) the possible to intervene, any motion or other information on the Web-based effect of any decision or order which document filed in the proceeding prior submission form, including the may be entered in the proceeding on the to the submission of a request for installation of the Web browser plug-in, requestor’s/petitioner’s interest. The hearing or petition to intervene, and is available on the NRC’s public Web petition must also set forth the specific documents filed by interested site at http://www.nrc.gov/site-help/e- contentions which the requestor/ governmental entities participating submittals.html. petitioner seeks to have litigated at the under 10 CFR 2.315(c), must be filed in Once a participant has obtained a proceeding. accordance with the NRC E-Filing rule digital ID certificate and a docket has Each contention must consist of a (72 FR 49139, August 28, 2007). The E- been created, the participant can then specific statement of the issue of law or Filing process requires participants to submit a request for hearing or petition fact to be raised or controverted. In submit and serve all adjudicatory for leave to intervene. Submissions addition, the requestor/petitioner shall documents over the internet, or in some should be in Portable Document Format provide a brief explanation of the bases cases to mail copies on electronic (PDF) in accordance with NRC guidance for the contention and a concise storage media. Participants may not available on the NRC public Web site at statement of the alleged facts or expert submit paper copies of their filings http://www.nrc.gov/site-help/e- opinion which support the contention unless they seek an exemption in submittals.html. A filing is considered and on which the requestor/petitioner accordance with the procedures complete at the time the documents are intends to rely in proving the contention described below. submitted through the NRC’s E-Filing at the hearing. The requestor/petitioner To comply with the procedural system. To be timely, an electronic must also provide references to those requirements of E-Filing, at least ten filing must be submitted to the E-Filing specific sources and documents of (10) days prior to the filing deadline, the system no later than 11:59 p.m. Eastern which the petitioner is aware and on participant should contact the Office of Time on the due date. Upon receipt of which the requestor/petitioner intends the Secretary by e-mail at a transmission, the E-Filing system to rely to establish those facts or expert [email protected], or by telephone time-stamps the document and sends opinion. The petition must include at (301) 415–1677, to request (1) a the submitter an e-mail notice sufficient information to show that a digital ID certificate, which allows the confirming receipt of the document. The genuine dispute exists with the participant (or its counsel or E-Filing system also distributes an e- applicant on a material issue of law or representative) to digitally sign mail notice that provides access to the fact. Contentions shall be limited to documents and access the E-Submittal document to the NRC Office of the matters within the scope of the server for any proceeding in which it is General Counsel and any others who amendment under consideration. The participating; and (2) advise the have advised the Office of the Secretary contention must be one which, if Secretary that the participant will be that they wish to participate in the proven, would entitle the requestor/ submitting a request or petition for proceeding, so that the filer need not petitioner to relief. A requestor/ hearing (even in instances in which the serve the documents on those petitioner who fails to satisfy these participant, or its counsel or participants separately. Therefore, requirements with respect to at least one representative, already holds an NRC- applicants and other participants (or

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62594 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

their counsel or representative) must information. With respect to Register notice dated March 27, 2009, apply for and receive a digital ID copyrighted works, except for limited issued the final rule that amended 10 certificate before a hearing request/ excerpts that serve the purpose of the CFR Part 73.54. The regulations in 10 petition to intervene is filed so that they adjudicatory filings and would CFR 73.54, ‘‘Protection of Digital can obtain access to the document via constitute a Fair Use application, Computer and Communication Systems the E-Filing system. participants are requested not to include and Networks,’’ establish the A person filing electronically using copyrighted materials in their requirements for a cyber security the agency’s adjudicatory E-Filing submission. program. This regulation specifically system may seek assistance by Petitions for leave to intervene must requires each licensee currently contacting the NRC Meta System Help be filed no later than 60 days from the licensed to operate a nuclear power Desk through the ‘‘Contact Us’’ link date of publication of this notice. Non- plant under Part 50 of this chapter to located on the NRC Web site at http:// timely filings will not be entertained submit a cyber security plan that www.nrc.gov/site-help/e- absent a determination by the presiding satisfies the requirements of the Rule. submittals.html, by e-mail at officer that the petition or request Each submittal must include a proposed [email protected], or by a toll- should be granted or the contentions implementation schedule, and free call at (866) 672–7640. The NRC should be admitted, based on a implementation of the licensee’s cyber Meta System Help Desk is available balancing of the factors specified in 10 security program must be consistent between 8 a.m. and 8 p.m., Eastern CFR 2.309(c)(1)(i)–(viii). with the approved schedule. The Time, Monday through Friday, For further details with respect to this background for this application is excluding government holidays. amendment action, see the application addressed by the NRC Notice of Participants who believe that they for amendment which is available for Availability, Federal Register Notice, have a good cause for not submitting public inspection at the Commission’s Final Rule 10 CFR Part 73, Power documents electronically must file an PDR, located at One White Flint North, Reactor Security Requirements, exemption request, in accordance with Public File Area 01F21, 11555 Rockville published on March 27, 2009, 74 FR 10 CFR 2.302(g), with their initial paper Pike (first floor), Rockville, Maryland. 13926. filing requesting authorization to Publicly available records will be Basis for proposed no significant continue to submit documents in paper accessible electronically from the hazards consideration determination: format. Such filings must be submitted ADAMS Public Electronic Reading As required by 10 CFR 50.91(a), the by: (1) First class mail addressed to the Room on the Internet at the NRC Web licensee has provided its analysis of the Office of the Secretary of the site, http://www.nrc.gov/reading-rm/ issue of no significant hazards Commission, U.S. Nuclear Regulatory adams.html. If you do not have access consideration, which is presented Commission, Washington, DC 20555– to ADAMS or if there are problems in below: 0001, Attention: Rulemaking and accessing the documents located in 1. The proposed change does not involve Adjudications Staff; or (2) courier, ADAMS, contact the PDR Reference a significant increase in the probability or express mail, or expedited delivery staff at 1–800–397–4209, 301–415–4737, consequences of an accident previously service to the Office of the Secretary, or by e-mail to [email protected]. evaluated. Sixteenth Floor, One White Flint North, The proposed change is required by 10 Calvert Cliffs Nuclear Power Plant, LLC, 11555 Rockville Pike, Rockville, CFR 73.54. The Cyber Security Plan conforms R. E. Ginna Nuclear Power Plant, LLC, Maryland, 20852, Attention: to the template provided in NEI 08–09, and Nine Mile Point Nuclear Station, Rulemaking and Adjudications Staff. Revision 6, with the exception of the LLC, Docket Nos. 50–317, 50–318, 50– Participants filing a document in this definition of cyber attack, and provides a 244, 50–220, and 50–410, Calvert Cliffs description of how the requirements of the manner are responsible for serving the Nuclear Power Plant, Unit Nos. 1 and 2 rule will be implemented at CCNPP, NMPNS document on all other participants. (CCNPP), R.E. Ginna Nuclear Power and Ginna. The plan establishes the basis for Filing is considered complete by first- Plant (Ginna), Nine Mile Point Nuclear the cyber security program for the three class mail as of the time of deposit in stations. Station, Unit Nos. 1 and 2 (NMPNS), the mail, or by courier, express mail, or The proposed Cyber Security Plan does not expedited delivery service upon Calvert County, Maryland, Wayne require any plant modifications, alter the depositing the document with the County, New York, and Oswego County, plant configuration, require new plant provider of the service. A presiding New York, Respectively equipment to be installed, alter accident Date of amendment request: July 16, analysis assumptions, add any initiators, or officer, having granted an exemption affect the function of plant systems or the request from using E-Filing, may require 2010. manner in which systems are operated, a participant or party to use E-Filing if Description of amendment request: maintained, modified, tested, or inspected. the presiding officer subsequently This amendment request contains The plan establishes how to achieve high determines that the reason for granting sensitive unclassified non-safeguards assurance that nuclear power plant digital the exemption from use of E-Filing no information (SUNSI). The proposed computer and communication systems and longer exists. amendments to the Renewed Facility networks associated with certain systems and Documents submitted in adjudicatory Operating Licenses include: (1) The functions are adequately protected against proposed Cyber Security Plan for cyber attacks. This protective function has no proceedings will appear in NRC’s impact on the probability or consequences of electronic hearing docket which is CCNPP, Ginna, and NMPNS, (2) an an accident previously evaluated. available to the public at http:// implementation schedule, and (3) a The proposed change to the license ehd.nrc.gov/EHD_Proceeding/home.asp, proposed sentence to be added to the condition in the licenses of CCNPP, NMPNS unless excluded pursuant to an order of existing physical protection license and Ginna adds a sentence to the existing the Commission, or the presiding condition for CCNPP, Ginna, and license condition for physical protection to officer. Participants are requested not to NMPNS requiring the licensee to fully require implementation and maintenance of include personal privacy information, implement and maintain in effect all the Cyber Security Plan. This change is administrative and has no impact on the such as social security numbers, home provisions of the Nuclear Regulatory probability or consequences of an accident addresses, or home phone numbers in Commission-approved Cyber Security previously evaluated. their filings, unless an NRC regulation Plan for CCNPP, Ginna, and NMPNS as Therefore, it is concluded that this change or other law requires submission of such required by 10 CFR 73.54. A Federal to the CCNPP, NMPNS and Ginna license

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62595

conditions does not involve a significant achieve high assurance that nuclear power with the model Cyber Security Plan increase in the probability or consequences plant digital computer and communication contained in Appendix A of Nuclear of an accident previously evaluated. systems and networks associated with certain Energy Institute (NEI) document NEI 2. The proposed change does not create the systems and functions are adequately 08–09, ‘‘Cyber Security Plan for Nuclear possibility of a new or different kind of protected against cyber attacks. This ’’ accident from any accident previously protective function has no impact on the Power Reactors, Revision 6, dated April evaluated. operation of vital systems or equipment. 2010, with one deviation regarding the The proposed change is required by 10 Therefore, the implementation of the definition of a Cyber Attack as described CFR 73.54. The Cyber Security Plan conforms proposed Cyber Security Plan does not in the licensees’ letter. The license to the template provided in NEI 08–09, involve a significant reduction in a margin of amendment requests include the Cyber Revision 6, with the exception of the safety. Security Plan, proposed changes to the definition of cyber attack and provides a The proposed change to the license (Renewed) Facility Operating Licenses description of how the requirements of the condition in the licenses of CCNPP, NMPNS (FOLs), and a proposed Cyber Security rule will be implemented at CCNPP, NMPNS and Ginna adds a sentence to the existing Plan Implementation Schedule for each and Ginna. The plan establishes the basis for license condition for physical protection to the cyber security program for the three require implementation and maintenance of facility. The proposed fleet Cyber stations. the Cyber Security Plan. This change is Security Plan was submitted in The proposed Cyber Security Plan does not administrative and does not involve a accordance with Title 10 of the Code of require any plant modifications, alter the significant reduction in a margin of safety. Federal Regulations, Section 73.54, plant configuration, require new plant Therefore, the proposed change to the ‘‘Protection of digital computer and equipment to be installed, alter accident CCNPP, NMPNS and Ginna license communication systems and networks.’’ analysis assumptions, add any initiators, or conditions and implementation of the Basis for proposed no significant affect the function of plant systems or the proposed Cyber Security Plan do not create hazards consideration determination: manner in which systems are operated, a significant reduction in a margin of safety. maintained, modified, tested, or inspected. As required by 10 CFR 50.91(a), the Based on the above, we conclude that the licensees provided their analysis of the The plan establishes how to achieve high proposed change presents no significant assurance that nuclear power plant digital hazards consideration under the standards issue of no significant hazards computer and communication systems and set forth in 10 CFR 50.92(c), and accordingly, consideration, which is presented networks associated with certain systems and a finding of no significant hazards below: functions are adequately protected against consideration is justified. cyber attacks. This protective function has no Criterion 1: The Proposed Change Does Not impact on the possibility of a new or The NRC staff has reviewed the Involve a Significant Increase in the different kind of accident from any accident licensee’s analysis and, based on this Probability or Consequences of an Accident previously evaluated. review, it appears that the three Previously Evaluated The proposed change to the license standards of 10 CFR 50.92(c) are The proposed change incorporates a new condition in the licenses of CCNPP, NMPNS satisfied. Therefore, the NRC staff requirement, in the FOL, to implement and and Ginna adds a sentence to the existing proposes to determine that the maintain a Cyber Security Plan as part of the license condition for physical protection to amendment request involves no facility’s overall program for physical require implementation and maintenance of significant hazards consideration. protection. The Cyber Security Plan itself the Cyber Security Plan. This change is does not require any plant modifications. administrative and has no impact on the Attorney for licensee: Carey Fleming, Rather, the Cyber Security Plan describes possibility of a new or different kind of Sr. Counsel—Nuclear Generation, how the requirements of 10 CFR 73.54 are accident from any accident previously Constellation Generation Group, LLC, implemented in order to identify, evaluate, evaluated. 750 East Pratt Street, 17th floor, and mitigate cyber attacks up to and Therefore, it is concluded that this change Baltimore, MD 21202. including the design basis threat, thereby to the CCNPP, NMPNS and Ginna license NRC Branch Chief: Nancy L. Salgado. achieving high assurance that the facility’s conditions does not create the possibility of digital computer and communications a new or different kind of accident from any Carolina Power and Light Company, systems and networks are protected from previously evaluated. Docket Nos. 50–325 and 50–324, cyber attacks. The proposed change requiring 3. The proposed change does not involve Brunswick Steam Electric Plant, Units 1 the implementation and maintenance of a a significant reduction in a margin of safety. and 2, Brunswick County, North Cyber Security Plan does not alter the plant The margin of safety in this case is that the Carolina configuration, require new plant equipment implementation of the Cyber Security Plan to be installed, alter accident analysis does not adversely affect systems or Florida Power Corporation, et al., assumptions, add any accident initiators, or equipment important to the operation of the Docket No. 50–302, Crystal River Unit affect the function of plant systems or the plant. No. 3 Nuclear Generating Plant, Citrus manner in which systems are operated, The proposed change is required by 10 County, Florida maintained, modified, tested, or inspected; CFR 73.54. The Cyber Security Plan conforms therefore, the inclusion of the Cyber Security to the template provided in NEI 08–09, Carolina Power & Light Company, Plan as a part of the facility’s other physical protection programs specified in the FOL has Revision 6, with the exception of the Docket No. 50–261, H. B. Robinson no impact on the probability or consequences definition of cyber attack and provides a Steam Electric Plant, Unit No. 2, of an accident previously evaluated. description of how the requirements of the Darlington County, South Carolina Criterion 2: The Proposed Change Does Not rule will be implemented at CCNPP, NMPNS Carolina Power & Light Company, et al., and Ginna. The plan establishes the basis for Create the Possibility of a New or Different the cyber security program for the three Docket No. 50–400, Shearon Harris Kind of Accident From Any Accident stations. Nuclear Power Plant, Unit 1, Wake and Previously Evaluated. The plan establishes the basis for the cyber Chatham Counties, North Carolina The proposed change incorporates a new security program for the three stations and Date of amendment request: July 8, requirement, in the FOL, to implement and does not require any plant modifications, 2010. maintain a Cyber Security Plan as part of the alter the plant configuration, require new Description of amendment request: facility’s overall program for physical plant equipment to be installed, alter This amendment request contains protection. The creation of the possibility of accident analysis assumptions, add any a new or different kind of accident requires initiators, or affect the function of plant sensitive unclassified non-safeguards creating one or more new accident systems or the manner in which systems are information (SUNSI). The proposed precursors. New accident precursors may be operated, maintained, modified, tested, or amendments would establish a fleet created by modifications of the plant’s inspected. The plan establishes how to Cyber Security Plan in conformance configuration, including changes in the

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62596 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

allowable modes of operation. The Cyber Basis for proposed no significant new or different kind of accident from any Security Plan itself does not require any hazards consideration determination: accident previously evaluated. plant modifications, nor does the Cyber As required by 10 CFR 50.91(a), the Therefore, the proposed change does not Security Plan affect the control parameters licensee has provided its analysis of the create the possibility of a new or different governing unit operation or the response of kind of accident from any accident plant equipment to a transient condition. issue of no significant hazards previously evaluated. Because the proposed change does not consideration, which is presented 3. Does the proposed change involve a change or introduce any new equipment, below: significant reduction in a margin of safety? modes of system operation, or failure 1. Does the proposed change involve a Response: No. mechanisms, no new accident precursors are significant increase in the probability or As required by 10 CFR 73.54 Entergy has created. Therefore, the proposed change does consequences of an accident previously submitted a cyber security plan for NRC not create the possibility of a new or different evaluated? review and approval for RBS. Plant safety kind of accident from any accident Response: No. margins are established through limiting previously evaluated. As required by 10 CFR 73.54 Entergy has conditions for operation, limiting safety Criterion 3: The Proposed Change Does Not submitted a cyber security plan for NRC system settings, and safety limits specified in Involve a Significant Reduction in a Margin review and approval for River Bend Station the technical specifications. Because there is of Safety (RBS). The RBS Cyber Security Plan does not no change to these established safety margins, the proposed change does not The proposed change incorporates a new alter accident analysis assumptions, add any initiators, or affect the function of plant involve a significant reduction in a margin of requirement, in the FOL, to implement and systems or the manner in which systems are safety. maintain a Cyber Security Plan as part of the operated, maintained, modified, tested, or The second part of the proposed change is facility’s overall program for physical inspected. The RBS Cyber Security Plan does an implementation schedule, and the third protection. Plant safety margins are not require any plant modifications which part adds a sentence to the existing operating established through Limiting Conditions for affect the performance capability of the license condition for Physical Protection. Operation, Limiting Safety System Settings structures, systems, and components relied Both of these changes are administrative in and Safety Limits specified in the Technical upon to mitigate the consequences of nature and do not involve a significant Specifications. Because the Cyber Security postulated accidents. The RBS Cyber reduction in a margin of safety. Plan does not require any plant modifications Security Plan is designed to achieve high Therefore, the proposed change does not and does not alter the operation of plant assurance that the systems within the scope involve a significant reduction in a margin of equipment, the proposed change does not of the 10 CFR 73.54 Rule are protected from safety. change established safety margins. Therefore, cyber attacks and has no impact on the the proposed change does not involve a probability or consequences of an accident The NRC staff has reviewed the significant reduction in a margin of safety. previously evaluated. licensee’s analysis and, based on this The NRC staff has reviewed the The second part of the proposed change is review, it appears that the three licensees’ analysis and, based on this an implementation schedule, and the third standards of 10 CFR 50.92(c) are review, it appears that the three part adds a sentence to the existing operating satisfied. Therefore, the NRC staff standards of 10 CFR 50.92(c) are license condition for Physical Protection. proposes to determine that the Both of these changes are administrative in satisfied. Therefore, the NRC staff amendment request involves no nature and have no impact on the probability significant hazards consideration. proposes to determine that the or consequences of an accident previously amendment requests involve no evaluated. Attorney for licensee: Joseph A. significant hazards consideration. Therefore, the proposed change does not Aluise, Associate General Counsel— Attorney for licensee: David T. involve a significant increase in the Nuclear, Entergy Services, Inc., 639 Conley, Associate General Counsel II— probability or consequences of an accident Loyola Avenue, New Orleans, Louisiana Legal Department, Progress Energy previously evaluated. 70113. Service Company, LLC, Post Office Box 2. Does the proposed change create the NRC Branch Chief: Michael T. 1551, Raleigh, North Carolina 27602. possibility of a new or different kind of Markley. NRC Branch Chief: Douglas A. accident from any accident previously evaluated? Entergy Nuclear Operations, Inc., Broaddus. Response: No. Docket Nos. 50–003, 50–247, and 50– Entergy Gulf States Louisiana, LLC, and As required by 10 CFR 73.54 Entergy has 286, Indian Point Nuclear Generating Entergy Operations, Inc., Docket No. 50– submitted a cyber security plan for NRC Unit Nos. 1, 2, and 3, Westchester 458, River Bend Station, Unit 1, West review and approval for RBS. The RBS Cyber County, New York Security Plan does not alter accident analysis Feliciana Parish, Louisiana assumptions, add any initiators, or affect the Date of amendment request: July 8, Date of amendment request: July 22, function of plant systems or the manner in 2010. 2010. which systems are operated, maintained, Description of amendment request: Description of amendment request: modified, tested, or inspected. The RBS This amendment request contains This amendment request contains Cyber Security Plan does not require any sensitive unclassified non-safeguards sensitive unclassified non-safeguards plant modifications which affect the information (SUNSI). The proposed performance capability of the structures, information (SUNSI). The proposed systems, and components relied upon to amendment to the Facility Operating amendment would approve the River mitigate the consequences of postulated Licenses (FOLs) includes: (1) The Bend Station (RBS) Cyber Security Plan, accidents. The RBS Cyber Security Plan is proposed Cyber Security Plan, (2) an in accordance with 10 CFR 73.54. In designed to achieve high assurance that the implementation schedule, and (3) a addition, the amendment would revise systems within the scope of the 10 CFR 73.54 proposed statement to be added to the the RBS facility operating license to add Rule are protected from cyber attacks and existing FOL Physical Protection license a sentence to require the licensee to does not create the possibility of a new or conditions requiring Entergy to fully fully implement and maintain in effect different kind of accident from any accident implement and maintain in effect all all provisions of the Commission- previously evaluated. provisions of the Commission-approved The second part of the proposed change is approved RBS Cyber Security Plan. The an implementation schedule, and the third Cyber Security Plan as required by 10 proposed change is consistent with part adds a sentence to the existing operating CFR 73.54. The Federal Register notice Nuclear Energy Institute (NEI) 08–09, license condition for Physical Protection. dated March 27, 2009, issued the final Revision 6, ‘‘Cyber Security Plan for Both of these changes are administrative in rule that amended 10 CFR Part 73. The Nuclear Power Reactors.’’ nature and do not create the possibility of a regulations in 10 CFR 73.54, ‘‘Protection

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62597

of digital computer and communication review and approval for Indian Point Nuclear Entergy Operations, Inc., Docket No. 50– systems and networks,’’ establish the Generating Unit Nos. 1, 2, and 3. The IPEC 313 and 50–368, Arkansas Nuclear One, requirements for a cyber security Cyber Security Plan does not require any Unit Nos. 1 and 2, Pope County, program. This regulation specifically plant modifications which affect the Arkansas performance capability of the structures, requires each licensee currently Date of amendment request: July 9, licensed to operate a nuclear power systems, and components relied upon to mitigate the consequences of postulated 2010. plant under Part 50 of this chapter to accidents. The IPEC Cyber Security Plan does Description of amendment request: submit a cyber security plan that not alter accident analysis assumptions, add This amendment request contains satisfies the requirements of the Rule. any initiators, or affect the function of plant sensitive unclassified non-safeguards Each submittal must include a proposed systems or the manner in which systems are information (SUNSI). The proposed implementation schedule, and operated, maintained, modified, tested, or amendment would approve the implementation of the licensee’s cyber inspected. The IPEC Cyber Security Plan is Arkansas Nuclear One (ANO), Units 1 security program must be consistent designed to achieve high assurance that the and 2 cyber security plan and associated with the approved schedule. The systems within the scope of the 10 CFR 73.54 implementation schedule, and revise background for this application is Rule are protected from cyber attacks and the physical protection license addressed by the NRC Notice of does not create the possibility of a new or condition to require the licensee to fully Availability, Federal Register Notice, different kind of accident from any accident implement and maintain in effect all previously evaluated. Final Rule 10 CFR Part 73, Power provisions of the NRC-approved Cyber Reactor Security Requirements, The second part of the proposed change is an implementation schedule, and the third Security Plan. The proposed change is published on March 27, 2009, 74 FR part adds a sentence to the existing operating consistent with Nuclear Energy Institute 13926. license condition for Physical Protection. (NEI) 08–09, Revision 6, ‘‘Cyber Security Basis for proposed no significant Both of these changes are administrative in Plan for Nuclear Power Reactors.’’ hazards consideration determination: nature and do not create the possibility of a Basis for proposed no significant As required by 10 CFR 50.91(a), the new or different kind of accident from any hazards consideration determination: licensee has provided its analysis of the accident previously evaluated. As required by 10 CFR 50.91(a), the issue of no significant hazards Therefore, the proposed change does not licensee has provided its analysis of the consideration, which is presented create the possibility of a new or different issue of no significant hazards below: kind of accident from any accident consideration, which is presented 1. Does the proposed change involve a previously evaluated. below: 3. Does the proposed change involve a significant increase in the probability or 1. Does the proposed change involve a consequences of an accident previously significant reduction in a margin of safety? Response: No. significant increase in the probability or evaluated? consequences of an accident previously As required by 10 CFR 73.54 Entergy has Response: No. evaluated? submitted a cyber security plan for NRC As required by 10 CFR 73.54 Entergy has Response: No. submitted a cyber security plan for NRC review and approval for Indian Point Nuclear As required by 10 CFR 73.54 Entergy has review and approval for Indian Point Nuclear Generating Unit Nos. 1, 2, and 3. Plant safety submitted a cyber security plan for NRC Generating Unit Nos. 1, 2, and 3. The Indian margins are established through limiting review and approval for Arkansas Nuclear Point Energy Center (IPEC) Cyber Security conditions for operation, limiting safety One (ANO), Units 1 and 2. The ANO Cyber Plan does not require any plant modifications system settings, and safety limits specified in Security Plan does not alter accident analysis which affect the performance capability of the technical specifications. Because there is assumptions, add any initiators, or affect the the structures, systems, and components no change to these established safety margins function of plant systems or the manner in relied upon to mitigate the consequences of as [a] result of the implementation of the which systems are operated, maintained, postulated accidents. The IPEC Cyber IPEC Cyber Security Plan, the proposed modified, tested, or inspected. The ANO Security Plan does not alter accident analysis change does not involve a significant Cyber Security Plan does not require any assumptions, add any initiators, or affect the reduction in a margin of safety. plant modifications which affect the function of plant systems or the manner in The second part of the proposed change is performance capability of the structures, which systems are operated, maintained, an implementation schedule, and the third systems, and components relied upon to modified, tested, or inspected. The IPEC part adds a sentence to the existing operating mitigate the consequences of postulated Cyber Security Plan is designed to achieve license condition for Physical Protection. accidents. The ANO Cyber Security Plan is high assurance that the systems within the Both of these changes are administrative in designed to achieve high assurance that the scope of the 10 CFR 73.54 Rule are protected systems within the scope of the 10 CFR 73.54 from cyber attacks and has no impact on the nature and do not involve a significant reduction in a margin of safety. Rule are protected from cyber attacks and has probability or consequences of an accident no impact on the probability or consequences Therefore, the proposed change does not previously evaluated. of an accident previously evaluated. involve a significant reduction in a margin of The second part of the proposed change is The second part of the proposed change is an implementation schedule, and the third safety. an implementation schedule, and the third part adds a sentence to the existing operating The NRC staff has reviewed the part adds a sentence to the existing operating license condition for Physical Protection. license condition for Physical Protection. Both of these changes are administrative in licensee’s analysis and, based on this Both of these changes are administrative in nature and have no impact on the probability review, it appears that the three nature and have no impact on the probability or consequences of an accident previously standards of 10 CFR 50.92(c) are or consequences of an accident previously evaluated. satisfied. Therefore, the NRC staff evaluated. Therefore, the proposed change does not proposes to determine that the Therefore, the proposed change does not involve a significant increase in the amendment request involves no involve a significant increase in the probability or consequences of an accident significant hazards consideration. probability or consequences of an accident previously evaluated. previously evaluated. 2. Does the proposed change create the Attorney for licensee: Mr. William C. 2. Does the proposed change create the possibility of a new or different kind of Dennis, Assistant General Counsel, possibility of a new or different kind of accident from any accident previously Entergy Nuclear Operations, Inc., 440 accident from any accident previously evaluated? Hamilton Avenue, White Plains, NY evaluated? Response: No. 10601. Response: No. As required by 10 CFR 73.54 Entergy has As required by 10 CFR 73.54[,] Entergy has submitted a cyber security plan for NRC NRC Branch Chief: Nancy L. Salgado. submitted a cyber security plan for NRC

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62598 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

review and approval for ANO. The ANO Entergy Operations, Inc., Docket No. 50– review and approval for Waterford 3. The Cyber Security Plan does not alter accident 382, Waterford Steam Electric Station, Waterford 3 Cyber Security Plan does not analysis assumptions, add any initiators, or Unit 3, St. Charles Parish, Louisiana require any plant modifications which affect affect the function of plant systems or the the performance capability of the structures, manner in which systems are operated, Date of amendment request: July 15, systems, and components relied upon to maintained, modified, tested, or inspected. 2010. mitigate the consequences of postulated The ANO Cyber Security Plan does not Description of amendment request: accidents. The Waterford 3 Cyber Security require any plant modifications which affect This amendment request contains Plan does not alter accident analysis the performance capability of the structures, sensitive unclassified non-safeguards assumptions, add any initiators, or affect the systems, and components relied upon to information (SUNSI). The proposed function of plant systems or the manner in which systems are operated, maintained, mitigate the consequences of postulated amendment would approve the modified, tested, or inspected. The Waterford accidents. The ANO Cyber Security Plan is Waterford Steam Electric Station, Unit 3 3 Cyber Security Plan is designed to achieve designed to achieve high assurance that the (Waterford 3) cyber security plan and associated implementation schedule, high assurance that the systems within the systems within the scope of the 10 CFR 73.54 scope of the 10 CFR 73.54 Rule are protected Rule are protected from cyber attacks and and revise the physical protection from cyber attacks and does not create the does not create the possibility of a new or license condition to require the licensee possibility of a new or different kind of different kind of accident from any accident to fully implement and maintain in accident from any accident previously previously evaluated. effect all provisions of the NRC- evaluated. The second part of the proposed change is approved Cyber Security Plan. The The second part of the proposed change is an implementation schedule, and the third proposed change is consistent with an implementation schedule, and the third part adds a sentence to the existing operating Nuclear Energy Institute (NEI) 08–09, part adds a sentence to the existing operating license condition for Physical Protection. Revision 6, ‘‘Cyber Security Plan for license condition for physical protection. Both of these changes are administrative in Nuclear Power Reactors.’’ Both of these changes are administrative in nature and do not create the possibility of a Basis for proposed no significant nature and do not create the possibility of a new or different kind of accident from any hazards consideration determination: new or different kind of accident from any accident previously evaluated. accident previously evaluated. As required by 10 CFR 50.91(a), the Therefore, the proposed change does not Therefore, the proposed change does not create the possibility of a new or different licensee has provided its analysis of the create the possibility of a new or different kind of accident from any accident issue of no significant hazards kind of accident from any accident previously evaluated. consideration, which is presented previously evaluated. 3. Does the proposed change involve a below: 3. Does the proposed change involve a significant reduction in a margin of safety? 1. Does the proposed change involve a significant reduction in a margin of safety? Response: No. significant increase in the probability or Response: No. As required by 10 CFR 73.54[,] Entergy has consequences of an accident previously As required by 10 CFR 73.54[,] Entergy has submitted a cyber security plan for NRC evaluated? submitted a cyber security plan for NRC review and approval for ANO. Plant safety Response: No. review and approval for Waterford 3. Plant margins are established through limiting As required by 10 CFR 73.54[,] Entergy has safety margins are established through conditions for operation, limiting safety submitted a cyber security plan for NRC limiting conditions for operation, limiting safety system settings, and safety limits system settings, and safety limits specified in review and approval for Waterford 3. The specified in the technical specifications. the technical specifications. Because there is Waterford 3 Cyber Security Plan does not Because there is no change to these no change to these established safety margins require any plant modifications which affect the performance capability of the structures, established safety margins as result of the as result of the implementation of the ANO systems, and components relied upon to implementation of the Waterford 3 Cyber Cyber Security Plan, the proposed change mitigate the consequences of postulated Security Plan, the proposed change does not does not involve a significant reduction in a accidents. The Waterford 3 Cyber Security involve a significant reduction in a margin of margin of safety. Plan does not alter accident analysis safety. The second part of the proposed change is assumptions, add any initiators, or affect the The second part of the proposed change is an implementation schedule, and the third function of plant systems or the manner in an implementation schedule, and the third part adds a sentence to the existing operating which systems are operated, maintained, part adds a sentence to the existing operating license condition for Physical Protection. modified, tested, or inspected. The Waterford license condition for physical protection. Both of these changes are administrative in 3 Cyber Security Plan is designed to achieve Both of these changes are administrative in nature and do not involve a significant high assurance that the systems within the nature and do not involve a significant reduction in a margin of safety. scope of the 10 CFR 73.54 Rule are protected reduction in a margin of safety. Therefore, the proposed change does not from cyber attacks and has no impact on the Therefore, the proposed change does not involve a significant reduction in a margin of probability or consequences of an accident involve a significant reduction in a margin of safety. previously evaluated. safety. The second part of the proposed change is The NRC staff has reviewed the an implementation schedule, and the third The NRC staff has reviewed the licensee’s analysis and, based on this part adds a sentence to the existing operating licensee’s analysis and, based on this license condition for physical protection. review, it appears that the three Both of these changes are administrative in review, it appears that the three standards of 10 CFR 50.92(c) are nature and have no impact on the probability standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff or consequences of an accident previously satisfied. Therefore, the NRC staff proposes to determine that the evaluated. proposes to determine that the amendment request involves no Therefore, the proposed change does not amendment request involves no significant hazards consideration. involve a significant increase in the significant hazards consideration. probability or consequences of an accident Attorney for licensee: Joseph A. previously evaluated. Attorney for licensee: Joseph A. Aluise, Assistant General Counsel— 2. Does the proposed change create the Aluise, Assistant General Counsel— Nuclear, Entergy Services, Inc., 639 possibility of a new or different kind of Nuclear, Entergy Services, Inc., 639 Loyola Avenue, New Orleans, Louisiana accident from any accident previously Loyola Avenue, New Orleans, Louisiana 70113. evaluated? 70113. Response: No. NRC Branch Chief: Michael T. As required by 10 CFR 73.54[,] Entergy has NRC Branch Chief: Michael T. Markley. submitted a cyber security plan for NRC Markley.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62599

FirstEnergy Nuclear Operating review and approval. The Plan provides a 1. Safety-related and important-to-safety Company, et al., Docket Nos. 50–334 description of how the requirements of the functions, and 50–412, Beaver Valley Power rule will be implemented at the BVPS Unit 2. Security functions, Station, Unit Nos. 1 and 2, Beaver Nos. 1 and 2. The Plan establishes the 3. Emergency preparedness functions licensing basis for the FENOC cyber security including offsite communications, and County, Pennsylvania program for the BVPS Unit Nos. 1 and 2. The 4. Support systems and equipment which Date of amendment request: July 22, Plan establishes how to achieve high if compromised, would adversely impact 2010. assurance that nuclear power plant digital safety, security, or emergency preparedness Description of amendment request: computer and communication systems and functions. This amendment request contains networks associated with the following are Part one of the proposed change is sensitive unclassified non-safeguards adequately protected against cyber attacks up designed to achieve high assurance that the to and including the design basis threat: systems within the scope of the rule are information (SUNSI). The proposed 1. Safety-related and important-to-safety protected from cyber attacks. The Plan itself amendment to the Renewed Facility functions, does not require any plant modifications. Operating License (FOL) includes: (1) 2. Security functions, However, the Plan does describe how plant The proposed Beaver Valley Power 3. Emergency preparedness functions modifications which involve digital Station, Unit Nos. 1 and 2 (BVPS–1 and including offsite communications, and computer systems are reviewed to provide 2) Cyber Security Plan, (2) an 4. Support systems and equipment which high assurance of adequate protection against implementation schedule, and (3) a if compromised, would adversely impact cyber attacks, up to and including the design proposed sentence to be added to the safety, security, or emergency preparedness basis threat defined in the rule. The proposed functions. change does not alter the plant configuration, existing renewed FOL Physical Part one of the proposed change is require new plant equipment to be installed, Protection license condition for BVPS– designed to achieve high assurance that the alter accident analysis assumptions, add any 1 and 2 requiring FirstEnergy Nuclear systems are protected from cyber attacks. The initiators, affect the function of plant Operating Company (FENOC, the Plan itself does not require any plant systems, or affect the manner in which licensee) to fully implement and modifications. However, the Plan does systems are operated. The first part of the maintain in effect all provisions of the describe how plant modifications which proposed change is designed to achieve high Commission-approved BVPS–1 and 2 involve digital computer systems are assurance that the systems within the scope Cyber Security Plan as required by reviewed to provide high assurance of of the rule are protected from cyber attacks Section 73.54 of Part 73 of Title 10 of adequate protection against cyber attacks, up and does not create the possibility of a new to and including the design basis threat as or different kind of accident from any the Code of Federal Regulations (10 defined in the rule. The proposed change previously evaluated. CFR). Federal Register notice dated does not alter the plant configuration, require The second part of the proposed change is March 27, 2009, issued the final rule new plant equipment to be installed, alter an implementation schedule. The third part that amended 10 CFR Part 73. The accident analysis assumptions, add any adds a sentence to the existing FOL license regulations in 10 CFR 73.54, ‘‘Protection initiators, affect the function of plant condition 2.D for BVPS Unit No. 1 and 2.E of digital computer and communication systems, or affect the manner in which for BVPS Unit No. 2 for Physical Protection. systems and networks,’’ establish the systems are operated. The first part of the Both of these changes are administrative and requirements for a cyber security proposed change is designed to achieve high do not create the possibility of a new or assurance that the systems within the scope different kind of accident from any program. This regulation specifically of the rule are protected from cyber attacks previously evaluated. requires each licensee currently and has no impact on the probability or Therefore, the proposed change does not licensed to operate a nuclear power consequences of an accident previously create the possibility of a new or different plant under Part 50 of this chapter to evaluated. kind of accident from any previously submit a cyber security plan that The second part of the proposed change is evaluated. satisfies the requirements of the Rule. an implementation schedule. The third part Criterion 3: The Proposed Change Does Not Each submittal must include a proposed adds a sentence to the existing FOL license Involve a Significant Reduction in a Margin implementation schedule and condition 2.D for BVPS Unit No. 1 and 2.E of Safety for BVPS Unit No. 2 for Physical Protection. implementation of the licensee’s cyber Both of these changes are administrative and The proposed change is required by 10 security program must be consistent have no impact on the probability or CFR 73.54 and includes three parts. The first with the approved schedule. The consequences of an accident previously part is the submittal of the Plan for NRC background for this application is evaluated. review and approval. The Plan provides a addressed by the Nuclear Regulatory Therefore, it is concluded that this change description of how the requirements of the does not involve a significant increase in the rule will be implemented at the BVPS Unit Commission (NRC) Notice of Nos. 1 and 2. The Plan establishes the Availability, Federal Register Notice, probability or consequences of an accident previously evaluated. licensing basis for the FENOC cyber security Final Rule 10 CFR Part 73, Power program for the BVPS Unit Nos. 1 and 2. The Reactor Security Requirements, Criterion 2: The Proposed Change Does Not Plan establishes how to achieve high published on March 27, 2009 (74 FR Create the Possibility of a New or Different assurance that nuclear power plant digital 13926). Kind of Accident From Any Accident computer and communication systems and Basis for proposed no significant Previously Evaluated networks associated with the following are hazards consideration determination: The proposed change is required by 10 adequately protected against cyber attacks up As required by 10 CFR 50.91(a), the CFR 73.54 and includes three parts. The first to and including the design basis threat: part is the submittal of the Plan for NRC 1. Safety-related and important-to-safety licensee has provided its analysis of the review and approval. The Plan provides a functions, issue of no significant hazards description of how the requirements of the 2. Security functions, consideration, which is presented rule will be implemented at the BVPS Unit 3. Emergency preparedness functions below: Nos. 1 and 2. The Plan establishes the including offsite communications, and licensing basis for the FENOC cyber security 4. Support systems and equipment which Criterion 1: The Proposed Change Does Not program for the BVPS Unit Nos. 1 and 2. The if compromised, would adversely impact Involve a Significant Increase in the Plan establishes how to achieve high safety, security, or emergency preparedness Probability or Consequences of an Accident assurance that nuclear power plant digital functions. Previously Evaluated computer and communication systems and Part one of the proposed change is The proposed change is required by 10 networks associated with the following are designed to achieve high assurance that the CFR 73.54 and includes three parts. The first adequately protected against cyber attacks up systems within the scope of the rule are part is the submittal of the Plan for NRC to and including the design basis threat: protected from cyber attacks. Plant safety

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62600 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

margins are established through Limiting consequences of an accident previously boundary, or containment structure. Based Conditions for Operation, Limiting Safety evaluated? on the above considerations, the proposed System Settings and Safety Limits specified Response: No. amendment would not degrade the in the Technical Specifications, methods of The proposed amendment incorporates a confidence in the ability of the fission evaluation that establish design basis or new requirement in the Facility Operating product barriers to limit the level of radiation change Updated Final Safety Analysis. License to implement and maintain a Cyber to the public. Because there is no change to these Security Plan as part of the facility’s overall Therefore, the proposed change does not established safety margins, the proposed program for physical protection. Inclusion of involve a significant reduction in a margin of change does not involve a significant the Cyber Security Plan in the Facility safety. reduction in a margin of safety. Operating License itself does not involve any The NRC staff has reviewed the The second part of the proposed change is modifications to the safety-related structures, an implementation schedule. The third part systems or components (SSCs). Rather, the licensees’ analysis and, based on this adds a sentence to the existing FOL license Cyber Security Plan describes how the review, it appears that the three condition 2.D for BVPS Unit No. 1 and 2.E requirements of 10 CFR 73.54 are to be standards of 10 CFR 50.92(c) are for BVPS Unit No. 2 for Physical Protection. implemented to identify, evaluate, and satisfied. Therefore, the NRC staff Both of these changes are administrative and mitigate cyber attacks up to and including proposes to determine that the do not involve a significant reduction in a the design basis cyber attack threat, thereby amendment requests involve no margin of safety. achieving high assurance that the facility’s significant hazards consideration. Therefore, the proposed change does not digital computer and communications involve a significant reduction in a margin of Attorney for licensee: M.S. Ross, systems and networks are protected from Attorney, Florida Power & Light, P.O. safety. cyber attacks. The Cyber Security Plan will Box 14000, Juno Beach, Florida 33408– The NRC staff has reviewed the not alter previously evaluated Final Safety Analysis Report (FSAR) design basis accident 0420. licensee’s analysis and, based on this NRC Branch Chief: Douglas A. review, it appears that the three analysis assumptions, add any accident initiators, or affect the function of the plant Broaddus. standards of 10 CFR 50.92(c) are safety-related SSCs as to how they are Indiana Michigan Power Company, satisfied. Therefore, the NRC staff operated, maintained, modified, tested, or proposes to determine that the inspected. Docket No. 50–315 and 50–316, Donald amendment request involves no Therefore, the proposed amendment does C. Cook Nuclear Plant (CNP), Units 1 significant hazards consideration. not involve a significant increase in the and 2, Berrien County, Michigan Attorney for licensee: David W. probability or consequences of an accident Date of amendment request: July 20, Jenkins, FirstEnergy Nuclear Operating previously evaluated. 2010. Company, FirstEnergy Corporation, 76 2. Does the proposed change create the Description of amendment request: possibility of a new or different kind of South Main Street, Akron, OH 44308. This amendment request contains NRC Branch Chief: Nancy L. Salgado. accident from any accident previously evaluated? sensitive unclassified non-safeguards Florida Power and Light Company, et Response: No. information (SUNSI). The licensee al., Docket Nos. 50–335 and 50–389, St. The proposed amendment provides proposed an amendment to the Lucie Plant, Unit Nos. 1 and 2, St. Lucie assurance that safety-related SSCs are Renewed Facility Operating Licenses for County, Florida protected from cyber attacks. Implementation DCCNP1&2. The licensee requested NRC of 10 CFR 73.54 and the inclusion of a plan approval of the CNP Cyber Security Date of amendment request: August 2, in the Facility Operating License do not Plan, provided a proposed 2010. result in the need for any new or different implementation schedule, and proposed Description of amendment request: FSAR design basis accident analysis, and no This amendment request contains new equipment failure modes are created. It to add a sentence to License Condition sensitive unclassified non-safeguards does not introduce new equipment that could 2.D, ‘‘Physical Protection,’’ of CNP’s information (SUNSI). The proposed create a new or different kind of accident, Renewed Facility Operating Licenses amendment includes three parts: The and no new equipment failure modes are DPR–58 and DPR–74, respectively, to proposed Plan, an Implementation created. As a result, no new accident read as follows: ‘‘Indiana Michigan Schedule, and a proposed sentence to be scenarios, failure mechanisms, or limiting Power Company shall fully implement single failures are introduced as a result of added to the existing renewed facility and maintain in effect all provisions of this proposed amendment. the Commission-approved Donald C. operating licenses (FOL) Physical Therefore, the proposed amendment does Protection license condition to require Cook Nuclear Plant Cyber Security Plan not create a possibility for an accident of a submitted by letter dated July 19, 2010, Florida Power and Light Company to new or different type than those previously fully implement and maintain in effect evaluated. and withheld from public disclosure in all provisions of the Commission 3. Does the proposed amendment involve accordance with 10 CFR 2.390.’’ approved cyber security plan as a significant reduction in a margin of safety? Basis for proposed no significant required by amended 10 CFR Part 73. Response: No. hazards consideration determination: The proposed Cyber Security Plan was The margin of safety is associated with the As required by Title 10 of the Code of submitted in accordance with Title 10 of confidence in the ability of the fission Federal Regulations (10 CFR) Part product barriers (i.e., fuel cladding, reactor 50.91(a), the licensee has provided its the Code of Federal Regulations, Section coolant pressure boundary, and containment 73.54, ‘‘Protection of digital computer analysis of the issue of no significant structure) to limit the level of radiation to the hazards consideration (NSHC). The NRC and communication systems and public. The proposed amendment would not networks.’’ alter the way any safety-related SSC staff has performed its own, which is set Basis for proposed no significant functions and would not alter the way the forth below: hazards consideration determination: plant is operated. The amendment provides (1) Does the proposed amendment involve As required by 10 CFR 50.91(a), the assurance that safety-related SSCs are a significant increase in the probability or licensees provided their analysis of the protected from cyber attacks. The proposed consequences of an accident previously issue of no significant hazards amendment would not introduce any new evaluated? consideration, which is presented uncertainties or change any existing Response: No. uncertainties associated with any safety The proposed amendment incorporates below: limit. The proposed amendment would have new requirements in the Renewed Facility 1. Does the proposed change involve a no impact on the structural integrity of the Operating Licenses to implement and significant increase in the probability or fuel cladding, reactor coolant pressure maintain a Cyber Security Plan (Plan) as part

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62601

of the facilities’ overall program for physical NRC staff’s own analysis, it appears that Security Plan to the Physical Security Plan protection. Inclusion of the Plan in the the three standards of 10 CFR 50.92(c) will not alter previously evaluated [F]inal Renewed FOLs itself does not involve any are satisfied. Therefore, the NRC staff Safety Analysis Report (FSAR) design basis modifications to the safety-related structures, proposes to determine that the proposed accident analysis assumptions, add any systems or components (SSCs). Rather, the accident initiators, or affect the function of Plan describes how the requirements of 10 amendment involves no significant the plant safety-related SSCs as to how they CFR 73.54 are to be implemented to identify, hazards consideration. are operated, maintained, modified, tested, or evaluate, and mitigate cyber attacks up to and Attorney for licensee: James M. Petro, inspected. including the design-basis cyber attack Jr., Senior Nuclear Counsel, Indiana Therefore, the proposed changes do not threat, thereby achieving high assurance that Michigan Power Company, One Cook involve a significant increase in the the facilities’ digital computer and Place, Bridgman, MI 49106. probability or consequences of an accident communications systems and networks are NRC Branch Chief: Robert J. previously evaluated. protected from cyber attacks. The Plan and Pascarelli. 2. Do the proposed changes create the any plant modifications will not alter possibility of a new or different kind of previously evaluated Updated Final Safety Luminant Generation Company LLC,, accident from any accident previously Analysis Report (UFSAR) design-basis Docket Nos. 50–445 and 50–446, evaluated? accident analysis assumptions, add any Comanche Peak Nuclear Power Plant, Response: No. accident initiators, or affect the function of Units 1 and 2, Somervell County, Texas This proposed amendment provides the plant safety-related SSCs as to how they assurance that safety-related SSCs are are operated, maintained, modified, tested, or Date of amendment request: July 15, protected from cyber attacks. Implementation inspected. Therefore, the proposed 2010. of 10 CFR 73.54 and the inclusion of a plan amendment does not involve a significant Description of amendment request: in the FOL do not result in the need of any increase in the probability or consequences This amendment request contains new or different FSAR design basis accident of an accident previously evaluated. sensitive unclassified non-safeguards analysis. It does not introduce new (2) Does the proposed amendment create information (SUNSI). The proposed equipment that could create a new or the possibility of a new or different kind of amendment would approve the Cyber different kind of accident, and no new accident from any accident previously equipment failure modes are created. As a evaluated? Security Plan for Comanche Peak result, no new accident scenarios, failure Response: No. Nuclear Power Plant (CPNPP), Units 1 mechanisms, or limiting single failures are The proposed amendment provides and 2, in accordance with 10 CFR introduced as a result of this proposed assurance that safety-related SSCs are Section 73.54. In addition, the amendment. protected from cyber attacks. Implementation amendment would revise Renewed Therefore, the proposed change does not of 10 CFR 73.54 and the inclusion of a Plan Facility Operating License Nos. NPF–87 create the possibility of a new or different in the Renewed FOLs do not result in the and NPF–89 for Units 1 and 2, kind of accident from any previously need of any new or different USAR design- respectively, to add a sentence to the evaluated. basis accident analysis. It does not introduce 3. Do the proposed changes involve a new equipment that could create a new or existing Physical Protection license significant reduction in a margin of safety? different kind of accident, and no new condition to require CPNPP to fully Response: No. equipment failure modes are created. As a implement and maintain in effect all The margin of safety is associated with the result, no new accident scenarios, failure provisions of the Commission-approved confidence in the ability of the fission mechanisms, or limiting single failures are Cyber Security Plan. The proposed product barriers (i.e., fuel cladding, reactor introduced as a result of these proposed change is consistent with Nuclear coolant pressure boundary, and containment amendments. Therefore, the proposed Energy Institute (NEI) 08–09, Revision 6, structure) to limit the level of radiation to the amendment does not create a possibility for ‘‘Cyber Security Plan for Nuclear Power public. The proposed amendment would not an accident of a new or different type than alter the way any safety-related SSC those previously evaluated. Reactors.’’ functions and would not alter the way the (3) Does the proposed amendment involve Basis for proposed no significant plant is operated. The amendment provides a significant reduction in a margin of safety? hazards consideration determination: assurance that safety-related SSCs are Response: No. As required by 10 CFR 50.91(a), the protected from cyber attacks. The proposed The margin of safety is associated with the licensee has provided its analysis of the amendment would not introduce any new confidence in the ability of the fission issue of no significant hazards uncertainties or change any existing product barriers (i.e., fuel cladding, reactor consideration, which is presented uncertainties associated with any safety coolant pressure boundary, and containment below: limit. The proposed amendment would have structure) to limit the level of radiation to the no impact on the structural integrity of the public. The proposed amendment would not 1. Do the proposed changes involve a fuel cladding, reactor coolant pressure alter the way any safety-related SSC significant increase in the probability or boundary, or containment structure. Based functions and would not alter the way the consequences of an accident previously on the above considerations, the proposed units are operated. This amendment provides evaluated? amendment would not degrade the assurance that safety-related SSCs are Response: No. confidence in the ability of the fission protected from cyber attacks. The proposed The proposed amendment incorporates a product barriers to limit the level of radiation amendment would not introduce any new new requirement in the Facility Operating to the public. Therefore, the proposed change uncertainties or change any existing License (FOL) to implement and maintain a does not involve a significant reduction in a uncertainties associated with any safety Cyber Security Plan as part of the facility’s margin of safety. limit. The proposed amendment would have overall program for physical protection. Therefore the proposed change does not no impact on the structural integrity of the Inclusion of the Cyber Security Plan in the involve a reduction in a margin of safety. fuel cladding, reactor coolant pressure FOL itself does not involve any modifications boundary, or containment structure. Based to the safety-related structures, systems or The NRC staff has reviewed the on the above considerations, the proposed components (SSCs). Rather, the Cyber licensee’s analysis and, based on this amendment would not degrade the Security Plan describes how the review, it appears that the three confidence in the ability of the fission requirements of 10 CFR 73.54 are to be standards of 10 CFR 50.92(c) are product barriers to limit the level of radiation implemented to identify, evaluate, and satisfied. Therefore, the NRC staff to the public. Therefore, the proposed mitigate cyber attacks up to and including the design basis cyber attack threat, thereby proposes to determine that the amendment does not involve a significant amendment request involves no reduction in a margin of safety. achieving high assurance that the facility’s digital computer and communications significant hazards consideration. The NRC staff has reviewed the systems and networks are protected from Attorney for licensee: Timothy P. licensee’s analysis and, based on the cyber attacks. The addition of the Cyber Matthews, Esq., Morgan, Lewis and

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62602 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Bockius, 1800 M Street, NW., different kind of accident, and no new information (SUNSI). The proposed Washington, DC 20036. equipment failure modes are created. As a amendment would revise the PBNP NRC Branch Chief: Michael T. result, no new accident scenarios, failure Units 1 and 2 current licensing bases to Markley. mechanisms, or limiting single failures are implement the alternate source term introduced as a result of this proposed Nebraska Public Power District, Docket amendment. (AST) through reanalysis of the No. 50–298, Cooper Nuclear Station, Therefore, the proposed amendment does radiological consequences of the Final Nemaha County, Nebraska not create a possibility for an accident of a Safety Analysis Report (FSAR) Chapter new or different type than those previously 14 accidents. The following technical Date of amendment request: July 20, evaluated. specifications (TS) are requested to be 2010. 3. Does the proposed amendment involve modified: Description of amendment request: a significant reduction in a margin of safety? TS 1.1 will be reduced from 0.4 This amendment request contains Response: No. percent of containment air weight per sensitive unclassified non-safeguards The margin of safety is associated with the day to 0.2 percent of containment air information (SUNSI). The proposed ability of the fission product barriers (i.e., weight per day at peak design amendment would approve the cyber fuel cladding, reactor coolant pressure boundary, and containment structure) to containment pressure. security plan and implementation Surveillance Requirement (SR) schedule, and revise the license limit the level of radiation to the public. The proposed amendment will not alter the way 3.4.16.2 will be revised to change the condition regarding physical protection any safety-related SSC functions and will not specific activity of the reactor coolant to require the licensee to fully alter the way the plant is operated. The from [dose equivalent iodine] DEI–131 implement and maintain in effect all amendment provides assurance that safety- less than or equal to 0.8 microCurie per provisions of the NRC-approved cyber related SSCs are protected from cyber attacks. gram (μCi/gm) to less than or equal to security plan. The proposed amendment will not introduce 0.5 μCi/gm. Basis for proposed no significant any new uncertainties or change any existing TS 3.7.9 will be modified to address hazards consideration determination: uncertainties associated with any safety Technical Specification Task Force limit. The proposed amendment has no As required by 10 CFR 50.91(a), the (TSTF) Traveler TSTF–448, Revision 3, licensee has provided its analysis of the impact on the structural integrity of the fuel cladding, reactor coolant pressure boundary, Control Room Habitability, and joint issue of no significant hazards or containment structure. Based on the above NRC and industry guidance regarding consideration, which is presented considerations, the proposed amendment control room habitability. below: will not degrade the ability of the fission SR 3.7.9.3 and SR 3.7.9.6 will be 1. Does the proposed amendment involve product barriers to limit the level of radiation revised to delete the word ‘‘makeup.’’ a significant increase in the probability or to the public. TS 3.7.13 will be revised to change consequences of an accident previously Therefore, the proposed change does not the specific activity of the secondary evaluated? involve a significant reduction in a margin of coolant from less than or equal to 1.00 Response: No. safety. μCi/gm to less than or equal to 0.1 μCi/ The proposed amendment incorporates a The NRC staff has reviewed the gm DEI–131. new requirement in the FOL [facility licensee’s analysis and, based on this ‘‘ operating license] to implement and maintain TS 3.7.14, Primary Auxiliary a Cyber Security Plan as part of the facility’s review, it appears that the three Building Ventilation (VNPAB),’’ will be overall program for physical protection. standards of 10 CFR 50.92(c) are added to the technical specifications as Inclusion of the Plan in the FOL itself does satisfied. Therefore, the NRC staff a result of the VNPAB system exhaust not involve any modifications to safety- proposes to determine that the function being credited in the AST Loss related structures, systems or components amendment request involves no of Coolant Accident (LOCA) Emergency (SSCs). Rather, the Plan describes how the significant hazards consideration. Core Cooling System (ECCS) leakage requirements of 10 CFR 73.54 are to be Attorney for licensee: Mr. John C. analysis. implemented to identify, evaluate, and McClure, Nebraska Public Power TS 5.5.15c will be revised to change mitigate cyber attacks up to and including the design basis threat, thereby achieving a District, Post Office Box 499, Columbus, the maximum allowable containment high assurance that the facility’s digital NE 68602–0499. leakage rate, from 0.4 percent to 0.2 computer and communications systems and NRC Branch Chief: Michael T. percent of containment air weight per networks are protected from cyber attacks. Markley. day. The Plan and any associated plant NextEra Energy Point Beach, LLC (the TS 5.5.18, ‘‘Control Room Envelope modifications will not alter previously licensee), Docket Nos. 50–266 and 50– Habitability Program,’’ will be added to evaluated design basis accident analysis address AST-related commitments. assumptions, add any accident initiators, or 301, Point Beach Nuclear Plant (PBNP), Units 1 and 2, Town of Two Creeks, TS 5.6.4 will add WCAP–16259–P–A affect the capability of SSCs to perform their ‘‘Westinghouse Methodology for design function. Manitowac County, Wisconsin Application of 3–D Transient Therefore, the proposed amendment does Date of amendment request: not involve a significant increase in the Neutronics to Non-LOCA Analyses’’ to probability or consequences of an accident December 8, 2008, as supplemented by the list of approved analytical methods. previously evaluated. letters dated. Basis for proposed no significant 2. Does the proposed amendment create January 16, January 27, February 20, hazards consideration determination: the possibility of a new or different kind of April 17 (two letters), May 8, May 15, As required by 10 CFR 50.91(a), the accident from any accident previously June 1, July 24, August 20, September 4 licensee has provided its analysis of the evaluated? (two letters), September 10, October 2, issue of no significant hazards Response: No. November 20, November 25, and consideration which is presented below: The proposed amendment provides December 17 of 2009; and January 14, assurance that safety-related SSCs are February 4 (two letters), March 5, April 1. Does the proposed amendment involve protected from cyber attacks. Implementation a significant increase in the probability or of 10 CFR 73.54 and the inclusion of a Cyber 20, July 8, July 29, August 12, and consequences of an accident previously Security Plan in the FOL do not result in the September 3 of 2010. evaluated? need for any new or different design basis Description of amendment request: Response: No. accident analysis. It does not introduce new This amendment request contains The results of the applicable radiological equipment that could create a new or sensitive unclassified non-safeguards design-basis accident (DBA) re-evaluation

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62603

demonstrated that, with the requested AST LOCA ECCS equipment leakage activity The proposed VNPAB TS reflects the plant changes, the dose consequences of these release location for the control room dose configuration that is required to implement limiting events are within the regulatory calculation. The results of the LOCA the AST analyses, and no new or different limits and guidance provided by the NRC in radiological analysis demonstrate that while accidents result from utilizing the proposed 10 CFR 50.67 and [Regulatory Guide] RG operating the VNPAB exhaust system, as changes. The LOCA control room dose 1.183, ‘‘Alternative Radiological Source supported by the proposed TS, the dose analysis assumes that the ECCS equipment Terms for Evaluating Design Basis Accidents consequences of this limiting event are leakage activity release pathway X/Q to be at at Nuclear Power Plants,’’ July 2000, for the within the regulatory limits and guidance the location of the primary auxiliary building AST methodology. The AST is an input to provided by the NRC in 10 CFR 50.67 and vent stack. Operation of the VNPAB exhaust calculations used to evaluate the RG 1.183. fans assures this release point. The VNPAB consequences of an accident and does not by The Control Room Envelope Habitability system operates during normal unit itself affect the plant response or the actual Program adds administrative controls to the operation. pathway of the activity released from the TSs ensuring control room habitability with No new or different kinds of accidents fuel. It does, however, better represent the an operable control room emergency result from performance of the revised TS physical characteristics of the release, such filtration system (CREFS). The proposed TS surveillances or from the addition of the that appropriate mitigation techniques may changes, including a new habitability Control Room Envelope Habitability be applied. program and additional testing, produce Program. The proposed changes do not The change from the original source term more stringent TS requirements than the involve a physical alteration of the CREFS or to the new proposed AST is a change in the existing TSs, enhancing the protection of a significant change in the methods analysis method and assumptions and has no control room occupants. governing normal plant operation. The effect on the probability of occurrence of Therefore, the proposed changes do not proposed TS changes, including a new previously analyzed accidents. Use of an involve a significant increase in the habitability program and additional testing, AST to analyze the dose effect of DBAs probability or consequences of an accident produce more stringent TS requirements than shows that regulatory acceptance criteria for previously evaluated. the existing TSs, enhancing the protection of the new methodology continues to be met. 2. Does the proposed amendment create control room occupants. The dose consequences in the control room the possibility of a new or different kind of Therefore, the proposed changes do not (CR), the exclusion area boundary, and the accident from any accident previously create the possibility of a new or different low population zone (LPZ) do not exceed the evaluated? type of accident from any accident regulatory limits provided by the NRC in 10 Response: No. previously evaluated. CFR 50.67 and Regulatory Guide 1.183 for The changes proposed in this license 3. Does the proposed amendment involve the AST methodology. amendment request involve the use of a new a significant reduction in a margin of safety? For the locked rotor (LR) event, an NRC analysis methodology and related regulatory Response: No. acceptance criteria. The proposed TS changes approved methodology RAVE (Westinghouse The changes proposed in this license WCAP–16259–P–A, ‘‘Westinghouse reflect the plant configuration that is required amendment involve the use of a new analysis Methodology for Application of 3–D to implement the AST analyses. No new or methodology and related regulatory Transient Neutronics to Non-LOCA Accident different accidents result from utilizing the acceptance criteria. The proposed TS changes Analysis,’’) is used to determine rods in proposed changes. Although the proposed reflect the plant configuration that is required [departure from nucleate boiling] DNB. The changes require modifications to the [control to implement the AST analyses. Safety use of an NRC approved methodology room ventilation system] VNCR system, as margins and analytical conservatisms have provides an input assumption to the well as modifications to the RHR system and radiological dose consequences calculations. CS system, the changes will not create a new been evaluated and have been found to be The use of the new methodology does not or different kind of accident since they are acceptable. The analyzed events have been change the sequence or progression of the related to system capabilities that provide carefully selected and, with plant accident scenario. protection from accidents that have already modifications, no significant reduction of The proposed TS changes reflect the plant occurred. The operation of this equipment margin has occurred and analyses adequately configuration that is required to implement has been evaluated for emergency diesel bound postulated event scenarios. The the AST analyses. The equipment affected by generator loading and fuel consumption. The proposed changes continue to ensure that the the proposed changes is mitigating in nature evaluation demonstrated that the diesel dose consequences of DBAs at the exclusion and relied upon after an accident has been generator loading and fuel consumption do area and LPZ boundaries and in the CR are initiated. The operation of various filtration not exceed the diesel generator criteria. within the corresponding acceptance criteria systems, the residual heat removal (RHR) and The operation of containment spray on presented in RG 1.183 and 10 CFR 50.67. The the containment spray (CS) systems, sump recirculation has been evaluated for margin of safety for the radiological including associated support systems, has increased strainer blockage or reduction in consequences of these accidents is provided been considered in the evaluations of these flow from the sump. The evaluation by meeting the applicable regulatory limits, proposed changes. The operation of this demonstrated that the increase in which are set at or below the 10 CFR 50.67 equipment has been evaluated for emergency containment spray will not adversely affect limits. An acceptable margin of safety is diesel generator loading and fuel the operation of the emergency core cooling inherent in these limits. consumption. The evaluation demonstrated systems during the sump recirculation phase For the LR event, an NRC approved that the diesel generator loading and fuel of a DBA. methodology RAVE (Westinghouse WCAP– consumption do not exceed the diesel As a result, no new failure modes are being 16259–P–A, ‘‘Westinghouse Methodology for generator criteria. While the operation of introduced that could lead to different Application of 3–D Transient Neutronics to these systems does change with the accidents. These changes do not alter the Non-LOCA Accident Analysis,’’) is used to implementation of an AST, the affected nature of events postulated in the FSAR nor determine rods in DNB. The use of an NRC systems are not accident initiators, and do they introduce any unique precursor approved methodology provides an input application of the AST methodology itself is mechanisms. assumption to the radiological dose not an initiator of a DBA. For the LR event, an NRC approved consequences calculations. The use of the The operation of containment spray on methodology RAVE (Westinghouse WCAP– new methodology does not reduce any sump recirculation has been evaluated for 16259–P–A, ‘‘Westinghouse Methodology for margins of safety for the LR event; therefore, increased strainer blockage or reduction in Application of 3–D Transient Neutronics to the proposed change does not involve a flow from the sump. The evaluation Non-LOCA Accident Analysis,’’) is used to significant reduction in a margin of safety. demonstrated that the increase in determine rods in DNB. The use of an NRC The proposed VNPAB TS reflects the plant containment spray will not adversely affect approved methodology provides an input configuration that is required to implement the operation of the emergency core cooling assumption to the radiological dose the AST analyses. The VNPAB assures the systems during the sump recirculation phase consequences calculations. The use of the proper X/Q for airborne radiological of a DBA. new methodology does not alter the nature of protection for control room personnel, as The VNPAB exhaust is relied upon after an events postulated in the FSAR nor do they demonstrated by the control room dose accident has been initiated to provide the introduce any unique precursor mechanisms. analyses for the LOCA. Safety margins and

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62604 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

analytical conservatisms have been evaluated Federal Regulations (10 CFR) Part provide assurance that safety-related SSCs and have been found to be acceptable. The 50.91(a), the licensee has provided its are protected from cyber attacks. The proposed changes ensure that the dose analysis of the issue of no significant proposed amendments would not introduce consequences in the control room due to the hazards consideration (NSHC). The any new uncertainties or change any existing DBA LOCA are within the acceptance criteria uncertainties associated with any safety presented in 10 CFR 50.67. The margin of licensee’s NSHC analysis, written for limit. The proposed amendments would have safety for the radiological consequences of both MNGP and PINGP, addressing each no impact on the structural integrity of the these accidents is provided by meeting the issue described above, is reproduced fuel cladding, reactor coolant pressure regulatory limit. below: boundary, or containment structure. Based The proposed changes do not alter the 1. Does the proposed amendment involve on the above considerations, the proposed manner in which safety limits, limiting safety a significant increase in the probability or amendments would not degrade the system settings, or limiting conditions for consequences of an accident previously confidence in the ability of the fission operation are determined. The proposed evaluated? product barriers to limit the level of radiation changes do not affect safety analysis criteria, Response: No to the public. and will not result in plant operation in a The proposed amendments incorporate Therefore, the proposed amendments do configuration outside the design basis for an new requirements in the [Renewed] Facility not involve a significant reduction in a unacceptable period of time without Operating Licenses (FOLs) to implement and margin of safety. compensatory measures. The proposed TS maintain a Cyber Security Plan (Plan) as part The NRC staff has reviewed the changes, including a new habitability of the facilities’ overall program for physical program and additional testing, produce licensee’s analysis and, based on this protection. Inclusion of the Plan in the FOLs review, it appears that the three more stringent TS requirements than the itself does not involve any modifications to existing TSs, enhancing the protection of the safety-related structures, systems or standards of 10 CFR 50.92(c) are control room occupants. components (SSCs). Rather, the Plan satisfied. Therefore, the NRC staff Therefore, the proposed changes do not describes how the requirements of 10 CFR proposes to determine that the proposed involve a significant reduction in a margin of 73.54 are to be implemented to identify, amendment involves no significant safety. evaluate, and mitigate cyber attacks up to and hazards consideration. The NRC staff has reviewed the including the design basis cyber attack threat, Attorney for licensee: Peter M. Glass, licensee’s analysis and, based on this thereby achieving high assurance that the Assistant General Counsel, Xcel Energy facilities’ digital computer and Services, Inc., 414 Nicollet Mall, review, it appears that the three communications systems and networks are standards of 10 CFR 50.92(c) are protected from cyber attacks. The Plan and Minneapolis, MN 55401. satisfied. Therefore, the NRC staff any plant modifications will not alter NRC Branch Chief: Robert J. proposes to determine that the previously evaluated Updated Safety Pascarelli. amendment request involves no Analysis Report (USAR) design basis Northern States Power Company— significant hazards consideration. accident analysis assumptions, add any Minnesota (NSPM), Docket Nos. 50–282 Attorney for licensee: William Blair, accident initiators, or affect the function of the plant safety-related SSCs as to how they and 50–306, Prairie Island Nuclear Senior Attorney, NextEra Energy Point Generating Plant (PINGP), Units 1 and Beach, LLC, P. O. Box 14000, Juno are operated, maintained, modified, tested, or inspected. Therefore, the proposed 2, Goodhue County, Minnesota Beach, FL 33408–0420. amendments do not involve a significant NRC Branch Chief: Robert J. Date of amendment request: July 20, increase in the probability or consequences 2010. Pascarelli. of an accident previously evaluated. Description of amendment request: Northern States Power Company— 2. Does the proposed amendment create the possibility of a new or different kind of This amendment request contains Minnesota (NSPM), Docket No. 50–263, accident from any accident previously sensitive unclassified non-safeguards Monticello Nuclear Generating Plant evaluated? information (SUNSI). The licensee (MNGP), Wright County, Minnesota Response: No proposed an amendment to the Facility Date of amendment request: July 20, The proposed amendments provide Operating Licenses for PINGP, Units 1 2010. assurance that safety-related SSCs are and 2, and the Renewed Facility Description of amendment request: protected from cyber attacks. Implementation Operating License for Monticello of 10 CFR 73.54 and the inclusion of a Plan This amendment request contains in the FOLs do not result in the need of any Nuclear Generating Plant (MNGP); this sensitive unclassified non-safeguards new or different USAR design basis accident notice only addresses the application as information (SUNSI). The licensee analysis. It does not introduce new it pertains to PINGP, Units 1 and 2. The proposed an amendment to the equipment that could create a new or licensee requested NRC approval of the Renewed Facility Operating Licenses for different kind of accident, and no new NSPM Cyber Security Plan, provided a MNGP and Prairie Island Nuclear equipment failure modes are created. As a proposed Implementation Schedule, Generating Plant (PINGP); this notice result, no new accident scenarios, failure and proposed to add a sentence to only addresses the application as it mechanisms, or limiting single failures are License Condition 2.C.(3), ‘‘Physical introduced as a result of these proposed ’’ pertains to MNGP. The licensee amendments. Therefore, the proposed Protection, of PINGP’s Facility requested NRC approval of the NSPM amendments do not create a possibility for an Operating Licenses DPR–42 and DPR–60 Cyber Security Plan, provided a accident of a new or different type than those to read as follows: ‘‘NSPM shall fully proposed implementation schedule, and previously evaluated. implement and maintain in effect all proposed to add a sentence to License 3. Does the proposed amendment involve provisions of the Commission-approved Condition 2.C.3, ‘‘Physical Protection,’’ a significant reduction in a margin of safety? NSPM Cyber Security Plan by December of MNGP’s Renewed Facility Operating Response: No. 1, 2014.’’ License DPR–22 to read as follows: The margin of safety is associated with the Basis for proposed no significant ‘‘NSPM shall fully implement and confidence in the ability of the fission hazards consideration determination: product barriers (i.e., fuel cladding, reactor As required by Title 10 of the Code of maintain in effect all provisions of the coolant pressure boundary, and containment Commission-approved NSPM Cyber structure) to limit the level of radiation to the Federal Regulations (10 CFR) Part Security Plan by December 1, 2014.’’ public. The proposed amendments would not 50.91(a), the licensee has provided its Basis for proposed no significant alter the way any safety-related SSC analysis of the issue of no significant hazards consideration determination: functions and would not alter the way the hazards consideration (NSHC). The As required by Title 10 of the Code of plants are operated. These amendments licensee’s NSHC analysis, written for

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62605

both MNGP and PINGP, addressing each any new uncertainties or change any existing Cyber Security Plan (Plan) as part of the issue described above, is reproduced uncertainties associated with any safety facility’s overall program for physical below: limit. The proposed amendments would have protection. Inclusion of the Cyber Security no impact on the structural integrity of the Plan in the FOL itself does not involve any 1. Does the proposed amendment involve fuel cladding, reactor coolant pressure modifications to the safety-related structures, a significant increase in the probability or boundary, or containment structure. Based systems or components (SSCs). Rather, the consequences of an accident previously on the above considerations, the proposed Cyber Security Plan describes how the evaluated? amendments would not degrade the requirements of 10 CFR 73.54 are to be Response: No. confidence in the ability of the fission implemented to identify, evaluate, and The proposed amendments incorporate product barriers to limit the level of radiation mitigate cyber attacks up to and including new requirements in the Facility Operating to the public. the design basis cyber attack threat, thereby Licenses (FOLs) to implement and maintain Therefore, the proposed amendments do achieving high assurance that the facility’s a Cyber Security Plan (Plan) as part of the not involve a significant reduction in a digital computer and communications facilities’ overall program for physical margin of safety. systems and networks are protected from protection. Inclusion of the Plan in the FOLs cyber attacks. The Plan will not alter itself does not involve any modifications to The NRC staff has reviewed the previously evaluated Final Safety Analysis the safety-related structures, systems or licensee’s analysis and, based on this Report (FSAR) design basis accident analysis components (SSCs). Rather, the Plan review, it appears that the three assumptions, add any accident initiators, or describes how the requirements of 10 CFR standards of 10 CFR 50.92(c) are affect the function of the plant safety-related 73.54 are to be implemented to identify, satisfied. Therefore, the NRC staff SSCs as to how they are operated, evaluate, and mitigate cyber attacks up to and proposes to determine that the proposed maintained, modified, tested, or inspected. including the design basis cyber attack threat, amendment involves no significant Any plant modifications necessary to thereby achieving high assurance that the hazards consideration. implement the Plan will be evaluated facilities’ digital computer and pursuant to 10 CFR 50.59 to assure they will communications systems and networks are Attorney for licensee: Peter M. Glass, not alter previously evaluated FSAR design protected from cyber attacks. The Plan and Assistant General Counsel, Xcel Energy basis accident analysis assumptions, add any any plant modifications will not alter Services, Inc., 414 Nicollet Mall, accident initiators, or affect the function of previously evaluated Updated Safety Minneapolis, MN 55401. the plant safety-related SSCs as to how they Analysis Report (USAR) design basis NRC Branch Chief: Robert J. are operated, maintained, modified, tested, or accident analysis assumptions, add any Pascarelli. inspected. Further amendments to the accident initiators, or affect the function of operating licenses will be pursued as the plant safety-related SSCs as to how they Pacific Gas and Electric Company, necessary based on the results of these are operated, maintained, modified, tested, or Docket Nos. 50–275 and 50–323, Diablo evaluations. inspected. Canyon Nuclear Power Plant, Unit Nos. Therefore, the proposed amendment does Therefore, the proposed amendments do 1 and 2, San Luis Obispo County, not involve a significant increase in the not involve a significant increase in the California probability or consequences of an accident probability or consequences of an accident previously evaluated. previously evaluated. Date of amendment request: July 22, 2. Does the proposed amendment create 2. Does the proposed amendment create 2010. the possibility of a new or different accident the possibility of a new or different kind of Description of amendment request: from any accident previously evaluated? accident from any accident previously This amendment request contains Response: No. evaluated? sensitive unclassified non-safeguards This proposed amendment provides Response: No. information (SUNSI). The proposed assurance that safety-related SSCs are The proposed amendments provide amendment would approve the Diablo protected from cyber attacks. Implementation assurance that safety-related SSCs are Canyon Power Plant, Units 1 and 2 of 10 CFR 73.54 and the inclusion of a plan protected from cyber attacks. Implementation (DCPP), Cyber Security Plan, in in the FOL do not result in the need of any of 10 CFR 73.54 and the inclusion of a Plan new or different FSAR design basis accident in the FOLs do not result in the need of any accordance with 10 CFR 73.54. In analysis. As noted in response to question 1, new or different USAR design basis accident addition, the amendment would revise any plant modifications necessary to analysis. It does not introduce new the DCPP Facility Operating License implement the Plan will be evaluated equipment that could create a new or Nos. DPR–80 and DPR 82, respectively, pursuant to 10 CFR 50.59 to assure they do different kind of accident, and no new for Units 1 and 2, to add a sentence to not introduce new equipment that could equipment failure modes are created. As a require the licensee to fully implement create a new or different kind of accident, result, no new accident scenarios, failure and maintain in effect all provisions of and no new equipment failure modes are mechanisms, or limiting single failures are the Commission-approved DCPP Cyber created. Further amendments to the operating introduced as a result of these proposed Security Plan. The proposed change is licenses will be pursued as necessary based amendments. on the results of these evaluations. Therefore, the proposed amendments do consistent with Nuclear Energy Institute As a result, no new accident scenarios, not create a possibility for an accident of a (NEI) 08–09, Revision 6, ‘‘Cyber Security failure mechanisms, or limiting single new or different type than those previously Plan for Nuclear Power Reactors.’’ failures will be introduced as a result of this evaluated. Basis for proposed no significant proposed amendment. 3. Does the proposed amendment involve hazards consideration determination: Therefore, the proposed change does not a significant reduction in a margin of safety? As required by 10 CFR 50.91(a), the create the possibility of a new or different Response: No. licensee has provided its analysis of the accident from any accident previously The margin of safety is associated with the issue of no significant hazards evaluated. confidence in the ability of the fission consideration, which is presented 3. Does the proposed amendment involve product barriers (i.e., fuel cladding, reactor a significant reduction in a margin of safety? coolant pressure boundary, and containment below: Response: No. structure) to limit the level of radiation to the 1. Does the proposed amendment involve The margin of safety is associated with the public. The proposed amendments would not a significant increase in the probability or confidence in the ability of the fission alter the way any safety-related SSC consequences of an accident previously product barriers (i.e., fuel cladding, reactor functions and would not alter the way the evaluated? coolant pressure boundary, and containment plants are operated. These amendments Response: No. structure) to limit the level of radiation to the provide assurance that safety-related SSCs The proposed amendment incorporates a public. The proposed amendment would not are protected from cyber attacks. The new requirement in the Facility Operating alter the way any safety-related SSC proposed amendments would not introduce License (FOL) to implement and maintain a functions and would not alter the way the

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62606 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

plant is operated. The amendment provides implementation of the licensee’s cyber amendment does not create a possibility for assurance that safety-related SSCs are security program must be consistent an accident of a new or different type than protected from cyber attacks. The proposed with the approved schedule. The those previously evaluated. amendment would not introduce any new background for this application is 3. Does the proposed amendment involve uncertainties or change any existing a significant reduction in a margin of safety? uncertainties associated with any safety addressed by the NRC Notice of Response: No. limit. The proposed amendment would have Availability, Federal Register Notice, The margin of safety is associated with the no impact on the structural integrity of the Final Rule 10 CFR Part 73, Power confidence in the ability of the fission fuel cladding, reactor coolant pressure Reactor Security Requirements, product barriers (i.e., fuel cladding, reactor boundary, or containment structure. Based published on March 27, 2009, 74 FR coolant pressure boundary, and containment on the above considerations, the proposed 13926. structure) to limit the level of radiation to the amendment would not degrade the Basis for proposed no significant public. The proposed amendment would not confidence in the ability of the fission hazards consideration determination: alter the way safety-related SSCs function product barriers to limit the level of radiation As required by 10 CFR 50.91(a), the and would not alter the way PPL to the public. licensee has provided its analysis of the Susquehanna Units 1 and 2 are operated. The Therefore, the proposed change does not amendment provides assurance that safety- involve a significant reduction in a margin of issue of no significant hazards related SSCs are protected from cyber attacks. safety. consideration, which is presented The proposed amendment would not below: The NRC staff has reviewed the introduce any new uncertainties or change 1. Does the proposed amendment involve any existing uncertainties associated with the licensee’s analysis and, based on this design basis or any safety limit. The review, it appears that the three a significant increase in the probability or consequences of an accident previously proposed amendment would have no impact standards of 10 CFR 50.92(c) are evaluated? on the structural integrity of the fuel satisfied. Therefore, the NRC staff Response: No. cladding, reactor coolant pressure boundary, proposes to determine that the The proposed amendment incorporates a or containment structure. Based on the above amendment requests involve no new requirement in the PPL Susquehanna considerations, the proposed amendment significant hazards consideration. Units 1 and 2 FOL to implement and would not degrade the confidence in the Attorney for licensee: Jennifer Post, maintain a Cyber Security Plan as part of the ability of the fission product barriers to limit Esq., Pacific Gas and Electric Company, facility’s overall program for physical the level of radiation to the public. Therefore, the proposed change does not involve a P.O. Box 7442, San Francisco, California protection. Inclusion of the Cyber Security Plan in the FOL itself does not involve any significant reduction in a margin of safety. 94120. modifications to the safety-related structures, NRC Branch Chief: Michael T. The NRC staff has reviewed the systems or components (SSCs). Rather, the licensee’s analysis and, based on this Markley. Cyber Security Plan describes how the review, it appears that the three PPL Susquehanna, LLC, Docket Nos. 50– requirements of 10 CFR 73.54 are to be implemented to identify, evaluate, and standards of 10 CFR 50.92(c) are 387 and 50–388, Susquehanna Steam mitigate cyber attacks up to and including satisfied. Therefore, the NRC staff Electric Station (SSES), Units 1 and 2, the design basis cyber attack threat, thereby proposes to determine that the Luzerne County, Pennsylvania achieving high assurance that the facility’s amendment request involves no Date of amendment request: July 22, digital computer and communications significant hazards consideration. 2010. systems and networks are protected from Attorney for licensee: Bryan A. Snapp, Description of amendment request: cyber attacks. The Cyber Security Plan will Esquire, Assoc. General Counsel, PPL not alter previously evaluated Final Safety This amendment request contains Analysis Report (FSAR) design basis accident Services Corporation, 2 North Ninth St., sensitive unclassified non-safeguards analysis assumptions, add any accident GENTW3, Allentown, PA 18101–1179. information (SUNSI). The proposed initiators, or affect the function of the plant NRC Branch Chief: Nancy L. Salgado amendment to the Renewed Facility safety-related SSCs as to how they are PSEG Nuclear LLC, Docket No. 50–354, Operating License (FOL) includes: (1) operated, maintained, modified, tested, or Hope Creek Generating Station, Salem inspected. Therefore, the proposed The proposed SSES Units 1 and 2 Cyber County, New Jersey Security Plan, (2) an implementation amendment does not involve a significant schedule, and (3) a proposed sentence to increase in the probability or consequences PSEG Nuclear LLC, Docket Nos. 50–272 of an accident previously evaluated. be added to the existing renewed FOL and 50–311, Salem Nuclear Generating 2. Does the proposed amendment create Station, Unit Nos. 1 and 2, Salem Physical Protection license condition for the possibility of a new or different kind of SSES Units 1 and 2 requiring PPL accident from any accident previously County, New Jersey Susquehanna, LLC to fully implement evaluated? Date of amendment request: July 14, and maintain in effect all provisions of Response: No. 2010. the Commission-approved SSES Units 1 This proposed amendment provides Description of amendment request: and 2 Cyber Security Plan as required assurance that safety-related SSCs are This amendment request contains by 10 CFR 73.54. Federal Register protected from cyber attacks. Implementation sensitive unclassified non-safeguards of 10 CFR 73.54 and the inclusion of a plan notice dated March 27, 2009, issued the in the PPL Susquehanna Units 1 and 2 FOL information (SUNSI). The proposed final rule that amended 10 CFR Part 73. do not result in the need for any new or amendments would approve the cyber The regulations in 10 CFR 73.54, different FSAR design basis accident security plan and associated ‘‘Protection of digital computer and analysis. The inclusion does not introduce implementation schedule for Hope communication systems and networks,’’ new equipment that could create a new or Creek Generating Station (Hope Creek) establish the requirements for a cyber different kind of accident, and no new and Salem Nuclear Generating Station, security program. This regulation equipment failure modes are created. The Unit Nos. 1 and 2 (Salem). In addition, specifically requires each licensee inclusion of the Cyber Security Plan also the amendments would revise the currently licensed to operate a nuclear does not affect the function of any safety- existing license condition regarding related SSC as to how they are operated, power plant under Part 50 of this maintained, modified, tested or inspected. As physical protection in each of the three chapter to submit a cyber security plan a result, no new accident scenarios, failure facility operating licenses (FOLs) to that satisfies the requirements of the mechanisms, or limiting single failures are require the licensee to fully implement Rule. Each submittal must include a introduced as a result of this proposed and maintain in effect all provisions of proposed implementation schedule and amendment. Therefore, the proposed the Nuclear Regulatory Commission

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62607

(NRC)-approved cyber security plan. adds a sentence to the existing FOL license Criterion 3: The Proposed Change Does Not The proposed amendment was condition for Physical Protection. Both of Involve a Significant Reduction in a Margin submitted pursuant to Section 73.54 of these changes are administrative and have no of Safety Title 10 of the Code of Federal impact on the probability or consequences of The proposed change is required by § 73.54 Regulations (10 CFR) which requires an accident previously evaluated. and includes three parts. The first part is the Therefore, it is concluded that this change licenses currently licensed to operate a submittal of the Plan for NRC review and does not involve a significant increase in the approval. The Plan conforms to the template nuclear power plant under 10 CFR Part probability or consequences of an accident provided by NEI 08–09 Revision 6 and 50 to submit a cyber security plan (Plan) previously evaluated. provides a description of how the for NRC review and approval. Criterion 2: The Proposed Change Does Not requirements of the Rule will be Basis for proposed no significant Create the Possibility of a New or Different implemented at the Salem and Hope Creek hazards consideration determination: Kind of Accident From Any Accident Generating Station site. The Plan establishes As required by 10 CFR 50.91(a), the Previously Evaluated the licensing basis for the Salem-Hope Creek Cyber Security Program. The Plan establishes licensee has provided its analysis of the The proposed change is required by § 73.54 issue of no significant hazards how to achieve high assurance that nuclear and includes three parts. The first part is the power plant digital computer and consideration, which is presented submittal of the Plan for NRC review and communication systems and networks below, with NRC staff edits in square approval. The Plan conforms to the template associated with the following are adequately brackets: provided by NEI 08–09 Revision 6 and protected against cyber attacks up to and provides a description of how the including the design basis threat: Criterion 1: The Proposed Change Does Not requirements of the Rule will be 1. Safety-related and important-to-safety Involve a Significant Increase in the implemented at [the] Salem and Hope Creek functions, Probability or Consequences of an Accident Generating Station [s]ite. The Plan 2. Security functions, Previously Evaluated establishes the licensing basis for the Salem- 3. Emergency preparedness functions The proposed change is required by § 73.54 Hope Creek Cyber Security Program. The including offsite communications, and (Rule) and includes three parts. The first part Plan establishes how to achieve high 4. Support systems and equipment which is the submittal of the Plan for NRC review assurance that nuclear power plant digital if compromised, would adversely impact and approval. The Plan conforms to the computer and communication systems and safety, security, or emergency preparedness template provided in [Nuclear Energy networks associated with the following are functions. Institute (NEI)] 08–09 Revision 6 and adequately protected against cyber attacks up Part one of the proposed change is provides a description of how the to and including the design basis threat: designed to achieve high assurance that the requirements of the Rule will be 1. Safety-related and important-to-safety systems within the scope of the Rule are implemented at the Salem—Hope Creek functions, protected from cyber attacks. Plant safety Generating Station [s]ite. The Plan 2. Security functions, margins are established through Limiting establishes the licensing basis for the Salem- 3. Emergency preparedness functions Conditions for Operation, Limiting Safety Hope Creek Cyber Security Program. The including offsite communications, and System Settings and Safety [L]imits specified Plan establishes how to achieve high 4. Support systems and equipment which in the Technical Specifications. Because assurance that nuclear power plant digital if compromised, would adversely impact there is no change to these established safety computer and communication systems and safety, security, or emergency preparedness margins, the proposed change does not networks associated with the following are functions. involve a significant reduction in a margin of adequately protected against cyber attacks up Part one of the proposed change is safety. to and including the design basis threat: designed to achieve high assurance that the The second part of the proposed change is 1. Safety-related and important-to-safety systems within the scope of the Rule are an Implementation Schedule. The third part functions, protected from cyber attacks. The Plan itself adds a sentence to the existing FOL license 2. Security functions, does not require any plant modifications. condition for Physical Protection. Both of 3. Emergency preparedness functions However, the Plan does describe how plant these changes are administrative and do not including offsite communications, and modifications [which involve] digital involve a significant reduction in a margin of 4. Support systems and equipment which computer systems are reviewed to provide safety. if compromised, would adversely impact high assurance of adequate protection against Therefore, the proposed change does not safety, security, or emergency preparedness cyber attacks, up to and including the design involve a significant reduction in a margin of functions. basis threat as defined in the Rule. The safety. Part one of the proposed change is proposed change does not alter the plant designed to achieve high assurance that the The NRC staff has reviewed the configuration, require new plant equipment systems [within the scope of the Rule] are licensee’s analysis and, based on this protected from cyber attacks. The Plan itself to be installed, alter accident analysis review, with changes by the NRC staff does not require any plant modifications. assumptions, add any initiators, or [a]ffect shown in square brackets, it appears However, the Plan does describe how plant the function of plant systems or the manner that the three standards of 10 CFR in which systems are operated, maintained, modifications which involve digital 50.92(c) are satisfied. Therefore, the computer systems are reviewed to provide modified, tested, or inspected. The first part of the proposed change is designed to NRC staff proposes to determine that the high assurance of adequate protection against amendment request involves no cyber attacks, up to and including the design achieve high assurance that the systems basis threat as defined in the Rule. The within the scope of the Rule are protected significant hazards consideration. proposed change does not alter the plant from cyber attacks and does not create the Attorney for licensee: Vincent configuration, require new plant equipment possibility of a new or different kind of Zabielski, PSEG Nuclear LLC–N21, P.O. to be installed, alter accident analysis accident from any previously evaluated. Box 236, Hancocks Bridge, NJ 08038. assumptions, add any initiators, or [a]ffect The second part of the proposed change is NRC Branch Chief: Harold K. the function of plant systems or the manner an Implementation Schedule. The third part Chernoff. in which systems are operated, maintained, adds a sentence to the existing FOL license modified, tested, or inspected. The first part condition for Physical Protection. Both of Wolf Creek Nuclear Operating of the proposed change is designed to these changes are administrative and do not Corporation, Docket No. 50–482, Wolf achieve high assurance that the systems create the possibility of a new or different Creek Generating Station, Coffey within the scope of the Rule are protected kind of accident from any previously County, Kansas from cyber attacks and has no impact on the evaluated. probability or consequences of an accident Therefore, the proposed change does not Date of amendment request: July 19, previously evaluated. create the possibility of a new or different 2010. The second part of the proposed change is kind of accident from any accident Description of amendment request: an Implementation Schedule. The third part previously evaluated. This amendment request contains

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62608 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

sensitive unclassified non-safeguards introduced as a result of this proposed Entergy Gulf States Louisiana, LLC, and information (SUNSI). The amendment amendment. Entergy Operations, Inc., Docket No. 50– requests for approval of the Cyber Therefore, the proposed change does not 458, River Bend Station, Unit 1, West Security Plan in accordance with 10 create the possibility of a new or different Feliciana Parish, Louisiana kind of accident from any previously CFR Section 73.54. In addition, the evaluated. Entergy Nuclear Operations, Inc., amendment would revise Section 2.E of 3. Do the proposed changes involve a Docket Nos. 50–003, 50–247, and 50– the Renewed Facility Operating License significant reduction in a margin of safety? 286, Indian Point Nuclear Generating No. NPF–42 to incorporate the Response: No. Unit Nos. 1, 2, and 3, Westchester provisions for implementing and The margin of safety is associated with the County, New York maintaining in effect the provisions of confidence in the ability of the fission the approved Cyber Security Plan. product barriers (i.e., fuel cladding, reactor Entergy Operations, Inc., Docket No. 50– coolant pressure boundary, and containment 313 and 50–368, Arkansas Nuclear One, Basis for proposed no significant structure) to limit the level of radiation to the hazards consideration determination: Unit Nos. 1 and 2, Pope County, public. The proposed amendment would not Arkansas As required by 10 CFR 50.91(a), the alter the way any safety related SSC licensee has provided its analysis of the functions and would not alter the way the Entergy Operations, Inc., Docket No. 50– issue of no significant hazards plant is operated. The amendment provides 382, Waterford Steam Electric Station, consideration, which is presented assurance that safety related SSCs are Unit 3, St. Charles Parish, Louisiana below: protected from cyber attacks. The proposed amendment would not introduce any new FirstEnergy Nuclear Operating 1. Do the proposed changes involve a uncertainties or change any existing Company, et al., Docket Nos. 50–334 significant increase in the probability or uncertainties associated with any safety and 50–412, Beaver Valley Power consequences of an accident previously limit. The proposed amendment would have Station, Unit Nos. 1 and 2, Beaver evaluated? no impact on the structural integrity of the County, Pennsylvania Response: No. fuel cladding, reactor coolant pressure The proposed change incorporates a new boundary, or containment structure. Based Florida Power and Light Company, et requirement in the Renewed Facility on the above considerations, the proposed al., Docket Nos. 50–335 and 50–389, St. Operating License to implement and amendment would not degrade the Lucie Plant, Unit Nos. 1 and 2, St. Lucie maintain the Cyber Security Plan as part of confidence in the ability of the fission County, Florida the facility’s overall program for physical product barriers to limit the level of radiation protection. Inclusion of the Cyber Security to the public. Indiana Michigan Power Company, Plan in the Renewed Facility Operating Therefore the proposed change does not Docket No. 50–315 and 50–316, Donald License itself does not involve any involve a reduction in a margin of safety. C. Cook Nuclear Plant (CNP), Units 1 modifications to the safety related structures, and 2, Berrien County, Michigan systems or components (SSCs). Rather, the The NRC staff has reviewed the Cyber Security Plan describes how the licensee’s analysis and, based on this Luminant Generation Company LLC,, requirements of 10 CFR 73.54 are to be review, it appears that the three Docket Nos. 50–445 and 50–446, implemented to identify, evaluate, and standards of 10 CFR 50.92(c) are Comanche Peak Nuclear Power Plant, mitigate cyber attacks up to and including satisfied. Therefore, the NRC staff Units 1 and 2, Somervell County, Texas the design basis cyber attack threat, thereby proposes to determine that the achieving high assurance that the facility’s Nebraska Public Power District, Docket amendment request involves no digital computer and communications No. 50–298, Cooper Nuclear Station, significant hazards consideration. systems and networks are protected from Nemaha County, Nebraska cyber attacks. The implementation and Attorney for licensee: Jay Silberg, Esq., incorporation of the Cyber Security Plan into Pillsbury Winthrop Shaw Pittman LLP, NextEra Energy Point Beach, LLC (the the Renewed Facility Operating License will 2300 N Street, NW., Washington, DC licensee), Docket Nos. 50–266 and 50– not alter previously evaluated Updated 20037. 301, Point Beach Nuclear Plant (PBNP), Safety Analysis Report (USAR) design basis NRC Branch Chief: Michael T. Units 1 and 2, Town of Two Creeks, accident analysis assumptions, add any Manitowac County, Wisconsin accident initiators, or affect the function of Markley. the plant safety related SSCs as to how they Order Imposing Procedures for Access Northern States Power Company— are operated, maintained, modified, tested, or to Sensitive Unclassified Non- Minnesota (NSPM), Docket No. 50–263, inspected. Safeguards Information for Contention Monticello Nuclear Generating Plant Therefore, the proposed changes do not (MNGP), Wright County, Minnesota involve a significant increase in the Preparation probability or consequences of an accident Northern States Power Company— previously evaluated. Calvert Cliffs Nuclear Power Plant, LLC, Minnesota (NSPM), Docket Nos. 50–282 2. Do the proposed changes create the R. E. Ginna Nuclear Power Plant, LLC, and 50–306, Prairie Island Nuclear possibility of a new or different kind of and Nine Mile Point Nuclear Station, Generating Plant (PINGP), Units 1 and accident from any accident previously LLC, Docket Nos. 50–317, 50–318, 50– 2, Goodhue County, Minnesota evaluated? 244, 50–220, and 50–410, Calvert Cliffs Response: No. Nuclear Power Plant, Unit Nos. 1 and 2 Pacific Gas and Electric Company, This proposed amendment provides (CCNPP), R.E. Ginna Nuclear Power Docket Nos. 50–275 and 50–323, Diablo assurance that safety related SSCs are Plant (Ginna), Nine Mile Point Nuclear Canyon Nuclear Power Plant, Unit Nos. protected from cyber attacks. Implementation Station, Unit Nos. 1 and 2 (NMPNS), 1 and 2, San Luis Obispo County, of 10 CFR 73.54 and the inclusion of the California Cyber Security Plan in the Renewed Facility Calvert County, Maryland, Wayne Operating License do not result in the need County, New York, and Oswego County, PPL Susquehanna, LLC, Docket Nos. 50– of any new or different USAR design basis New York, Respectively 387 and 50–388, Susquehanna Steam accident analysis. It does not introduce new Carolina Power and Light Company, Electric Station (SSES), Units 1 and 2, equipment that could create a new or Luzerne County, Pennsylvania different kind of accident, and no new Docket Nos. 50–325 and 50–324, equipment failure modes are created. As a Brunswick Steam Electric Plant, Units 1 PSEG Nuclear LLC, Docket No. 50–354, result, no new accident scenarios, failure and 2, Brunswick County, North Hope Creek Generating Station, Salem mechanisms, or limiting single failures are Carolina County, New Jersey

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62609

Wolf Creek Nuclear Operating proceeding. In particular, the request filing a challenge within 5 days of Corporation, Docket No. 50–482, Wolf must explain why publicly-available receipt of that determination with: (a) Creek Generating Station, Coffey versions of the information requested The presiding officer designated in this County, Kansas would not be sufficient to provide the proceeding; (b) if no presiding officer A. This Order contains instructions basis and specificity for a proffered has been appointed, the Chief regarding how potential parties to this contention; Administrative Judge, or if he or she is proceeding may request access to D. Based on an evaluation of the unavailable, another administrative documents containing Sensitive information submitted under paragraph judge, or an administrative law judge Unclassified Non-Safeguards C.(3) the NRC staff will determine with jurisdiction pursuant to 10 CFR Information (SUNSI). within 10 days of receipt of the request 2.318(a); or (c) if another officer has B. Within 10 days after publication of whether: been designated to rule on information this notice of hearing and opportunity to (1) There is a reasonable basis to access issues, with that officer. believe the petitioner is likely to petition for leave to intervene, any H. Review of Grants of Access. A potential party who believes access to establish standing to participate in this NRC proceeding; and party other than the requestor may SUNSI is necessary to respond to this challenge an NRC staff determination notice may request such access. A (2) The requestor has established a legitimate need for access to SUNSI. granting access to SUNSI whose release ‘‘potential party’’ is any person who would harm that party’s interest intends to participate as a party by E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) independent of the proceeding. Such a demonstrating standing and filing an challenge must be filed with the Chief admissible contention under 10 CFR above, the NRC staff will notify the requestor in writing that access to Administrative Judge within 5 days of 2.309. Requests for access to SUNSI the notification by the NRC staff of its submitted later than 10 days after SUNSI has been granted. The written grant of access. publication will not be considered notification will contain instructions on absent a showing of good cause for the how the requestor may obtain copies of If challenges to the NRC staff late filing, addressing why the request the requested documents, and any other determinations are filed, these could not have been filed earlier. conditions that may apply to access to procedures give way to the normal C. The requestor shall submit a letter those documents. These conditions may process for litigating disputes requesting permission to access SUNSI include, but are not limited to, the concerning access to information. The to the Office of the Secretary, U.S. signing of a Non-Disclosure Agreement availability of interlocutory review by Nuclear Regulatory Commission, or Affidavit, or Protective Order 2 setting the Commission of orders ruling on Washington, DC 20555–0001, Attention: forth terms and conditions to prevent such NRC staff determinations (whether Rulemakings and Adjudications Staff, the unauthorized or inadvertent granting or denying access) is governed and provide a copy to the Associate disclosure of SUNSI by each individual by 10 CFR 2.311.3 who will be granted access to SUNSI. General Counsel for Hearings, I. The Commission expects that the Enforcement and Administration, Office F. Filing of Contentions. Any contentions in these proceedings that NRC staff and presiding officers (and of the General Counsel, Washington, DC any other reviewing officers) will 20555–0001. The expedited delivery or are based upon the information received as a result of the request made for consider and resolve requests for access courier mail address for both offices is: to SUNSI, and motions for protective U.S. Nuclear Regulatory Commission, SUNSI must be filed by the requestor no later than 25 days after the requestor is orders, in a timely fashion in order to 11555 Rockville Pike, Rockville, minimize any unnecessary delays in Maryland 20852. The e-mail addresses granted access to that information. However, if more than 25 days remain identifying those petitioners who have for the Office of the Secretary and the standing and who have propounded Office of the General Counsel are between the date the petitioner is granted access to the information and contentions meeting the specificity and [email protected] and basis requirements in 10 CFR Part 2. 1 the deadline for filing all other [email protected], respectively. Attachment 1 to this Order summarizes The request must include the following contentions (as established in the notice the general target schedule for information: of hearing or opportunity for hearing), processing and resolving requests under (1) A description of the licensing the petitioner may file its SUNSI action with a citation to this Federal contentions by that later deadline. these procedures. Register notice; G. Review of Denials of Access. It is so ordered. (2) The name and address of the (1) If the request for access to SUNSI Dated at Rockville, Maryland, this 30th day potential party and a description of the is denied by the NRC staff either after of September 2010. potential party’s particularized interest a determination on standing and need For the Commission. that could be harmed by the action for access, or after a determination on identified in C.(1); trustworthiness and reliability, the NRC Annette L. Vietti-Cook, (3) The identity of the individual or staff shall immediately notify the Secretary of the Commission. entity requesting access to SUNSI and requestor in writing, briefly stating the ATTACHMENT 1—General Target Schedule the requestor’s basis for the need for the reason or reasons for the denial. for Processing and Resolving Requests for information in order to meaningfully (2) The requestor may challenge the Access to Sensitive Unclassified Non- participate in this adjudicatory NRC staff’s adverse determination by Safeguards Information in This Proceeding

1 While a request for hearing or petition to 2 Any motion for Protective Order or draft Non- 3 Requestors should note that the filing intervene in this proceeding must comply with the Disclosure Affidavit or Agreement for SUNSI must requirements of the NRC’s E-Filing Rule (72 FR filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the be filed with the presiding officer or the Chief 49139; August 28, 2007) apply to appeals of NRC initial request to access SUNSI under these Administrative Judge if the presiding officer has not staff determinations (because they must be served procedures should be submitted as described in this yet been designated, within 30 days of the deadline on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request paragraph. for the receipt of the written access request. submitted to the NRC staff under these procedures.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62610 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Day Event/Activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/ petitioner reply). 20 ...... Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the re- quest for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and like- lihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted doc- uments). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the pro- ceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/li- censee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. A + 60 ...... Decision on contention admission.

[FR Doc. 2010–25144 Filed 10–8–10; 8:45 am] NSIR/DPR–ISG–01, ‘‘Emergency the DFO with a CD containing each BILLING CODE 7590–01–P Planning for Nuclear Power Plants,’’ and presentation at least thirty minutes NUREG/CR 7002, ‘‘Criteria for before the meeting. Electronic Development of Evacuation Time recordings will be permitted only NUCLEAR REGULATORY Estimate Studies.’’ The Subcommittee during those portions of the meeting COMMISSION will hear presentations by and hold that are open to the public. Detailed discussions with representatives of the procedures for the conduct of and Advisory Committee on Reactor NRC staff and other interested persons participation in ACRS meetings were Safeguards (ACRS); Meeting of the regarding this matter. The ACRS Subcommittee on Plant published in the Federal Register on Subcommittee will gather information, October 14, 2009, (74 FR 58268–58269). Operations and Fire Protection analyze relevant issues and facts, and formulate proposed positions and Detailed meeting agendas and meeting The ACRS Subcommittee on Plant transcripts are available on the NRC Operations and Fire Protection will hold actions, as appropriate, for deliberation by the Full Committee. Web site at http://www.nrc.gov/reading- a meeting on November 1, 2010, Room rm/doc-collections/acrs. Information T–2B1, 11545 Rockville Pike, Rockville, Members of the public desiring to regarding topics to be discussed, Maryland. provide oral statements and/or written changes to the agenda, whether the The entire meeting will be open to comments should notify the Designated meeting has been canceled or public attendance. Federal Official (DFO), Girija Shukla rescheduled, and the time allotted to The agenda for the subject meeting (Telephone 301–415–6855 or E-mail present oral statements can be obtained shall be as follows: [email protected]) five days prior to the meeting, if possible, so that from the Web site cited above or by Monday, November 1, 2010—8:30 a.m. appropriate arrangements can be made. contacting the identified DFO. until 5 p.m. Thirty-five hard copies of each Moreover, in view of the possibility that The Subcommittee will discuss the presentation or handout should be the schedule for ACRS meetings may be Draft Final Rule, ‘‘Enhancements to provided to the DFO thirty minutes adjusted by the Chairman as necessary Emergency Preparedness Regulations,’’ before the meeting. In addition, one to facilitate the conduct of the meeting, and related regulatory guidance electronic copy of each presentation persons planning to attend should check documents: Draft Regulatory Guide DG– should be emailed to the DFO one day with these references if such 1237, ‘‘Guidance on Making Changes to before the meeting. If an electronic copy rescheduling would result in a major Emergency Plans for Nuclear Power cannot be provided within this inconvenience. Reactors,’’ Interim Staff Guidance (ISG) timeframe, presenters should provide

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62611

Dated: October 5, 2010. ADDRESSES: Submit completed loan service-disabled veterans (SDVOSB’S). Antonio Dias, applications to: U.S. Small Business Moreover, the Task Force shall Chief, Reactor Safety Branch B, Advisory Administration, Processing and coordinate administrative and Committee on Reactor Safeguards. Disbursement Center, 14925 Kingsport regulatory activities and develop [FR Doc. 2010–25528 Filed 10–8–10; 8:45 am] Road, Fort Worth, TX 76155. proposals relating to ‘‘six focus areas’’: BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: A. (1) Access to capital (loans, surety Escobar, Office of Disaster Assistance, bonding and franchising); (2) ensure U.S. Small Business Administration, achievement of pre-established POSTAL SERVICE 409 3rd Street, SW, Suite 6050, contracting goals, including mentor Washington, DC 20416. prote´ge´ and matching with contracting Board of Governors; Sunshine Act SUPPLEMENTARY INFORMATION: The notice opportunities; (3) increase the integrity Meeting of the President’s major disaster of certifications of status as a small declaration for Private Non-Profit business; (4) reducing paperwork and DATES AND TIMES: Tuesday, October 19, organizations in the State of Illinois, administrative burdens in accessing 2010, at 10 a.m.; and Wednesday, business development and October 20, 2010, at 8:30 a.m. dated 09/13/2010, is hereby amended to include the following areas as adversely entrepreneurship opportunities; (5) PLACE: Washington, DC, at U.S. Postal affected by the disaster. increasing and improving training and Service Headquarters, 475 L’Enfant counseling services; and (6) making Primary Counties: Moultrie. Plaza, SW. other improvements to support veteran’s STATUS: Closed. All other information in the original business development by the Federal declaration remains unchanged. government. Matters To Be Considered (Catalog of Federal Domestic Assistance The Interagency Task Force on Tuesday, October 19, at 10 a.m. (Closed) Numbers 59002 and 59008) Veterans Small Business Development 1. Strategic Issues. James E. Rivera, shall submit to the President, no later 2. Pricing. Associate Administrator for Disaster than one year after its first meeting, a 3. Financial Matters. Assistance. report on the performance of its 4. Personnel Matters and [FR Doc. 2010–25450 Filed 10–8–10; 8:45 am] functions and any proposals developed Compensation Issues. BILLING CODE 8025–01–P pursuant to the ‘‘six focus areas’’ 5. Governors’ Executive Session— identified above. Discussion of prior agenda items and The purpose of the meeting is Board Governance. SMALL BUSINESS ADMINISTRATION scheduled as a full Task Force meeting Wednesday, October 20, at 8:30 a.m. and to seek and obtain public comment (Closed)—if needed Continuation of Interagency Task Force on Veterans from individuals and representatives of Tuesday’s agenda. Small Business Development organizations regarding the areas of focus. The agenda will include CONTACT PERSON FOR MORE INFORMATION: AGENCY: U.S. Small Business presentations and discussion regarding Julie S. Moore, Secretary of the Board, Administration. the ‘‘six focus areas’’ of the Task Force. U.S. Postal Service, 475 L’Enfant Plaza, ACTION: Notice of open Federal SW., Washington, DC 20260–1000. Interagency Task Force meeting. FOR FURTHER INFORMATION CONTACT: The Telephone (202) 268–4800. meeting is open to the public; however, SUMMARY: The SBA is issuing this notice advance notice of attendance is Julie S. Moore, to announce the location, date, time, requested. Anyone wishing to attend Secretary. and agenda for the first public meeting and/or make a presentation to the Task [FR Doc. 2010–25667 Filed 10–7–10; 11:15 am] of the Interagency Task Force on Force must contact Raymond B. Snyder, BILLING CODE 7710–12–P Veterans Small Business Development. by October 8, 2010, by email in order to The meeting will be open to the public. be placed on the agenda. Comments for DATES: Thursday, October 15, 2010, the Record should be applicable to the SMALL BUSINESS ADMINISTRATION from 9 a.m. to 12 Noon in the ‘‘six focus areas’’ of the Task Force and Eisenhower Conference Room, Side A & [Disaster Declaration #12318 and #12319] emailed prior to the meeting for B, located on the 2nd floor. inclusion in the public record, verbal Illinois Disaster Number IL–00027 ADDRESSES: U.S. Small Business presentations; however, will be limited Administration, 409 3rd Street, SW., to five minutes in the interest of time AGENCY: U.S. Small Business Washington, DC 20416. and to accommodate as many presenters Administration. SUPPLEMENTARY INFORMATION: Pursuant as possible. Written comments should ACTION: Amendment 1. to section 10(a)(2) of the Federal be emailed to Raymond B. Snyder, Deputy Associate Administrator, Office SUMMARY: This is an amendment of the Advisory Committee Act (5 U.S.C., of Veterans Business Development, U.S. Presidential declaration of a major Appendix 2), SBA announces the Small Business Administration, 409 3rd disaster for Public Assistance Only for meeting of the Interagency Task Force Street, SW., Washington, DC 20416, the State of Illinois (FEMA–1935–DR), on Veterans Small Business email address: dated 09/13/2010. Development. The Task Force is Incident: Severe storms and flooding. established pursuant to Executive Order [email protected]. Incident Period: 07/19/2010 through 13540 and focused on coordinating the Additionally, if you need 08/07/2010. efforts of Federal agencies to improve accommodations because of a disability DATES: Effective Date: 09/30/2010. capital, business development or require additional information, please Physical Loan Application Deadline opportunities and preestablished contact Raymond B. Snyder, Designated Date: 11/12/2010. Federal contracting goals for small Federal Official for the Task Force at Economic Injury (EIDL) Loan business concerns owned and (202) 205–6773; or by e-mail at: Application Deadline Date: 06/13/2011. controlled by veterans (VOB’s) and [email protected], SBA, Office

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62612 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

of Veterans Business Development, 409 are to be kept secret in the interest of register for the meeting is available on 3rd Street, SW., Washington, DC 20416. national defense or foreign policy under the PCAST Web site at: http:// For more information, please visit our 5 U.S.C. 552b(c)(1). The precise date whitehouse.gov/ostp/pcast. A live video Web site at http://www.sba.gov/vets. and time of this potential meeting has webcast and an archive of the webcast Dated: September 27, 2010. not yet been determined. after the event will be available at Dan Jones, Public Comments: It is the policy of http://whitehouse.gov/ostp/pcast. The the PCAST to accept written public archived video will be available within SBA Committee Management Officer. comments of any length, and to one week of the meeting. Questions [FR Doc. 2010–25265 Filed 10–8–10; 8:45 am] accommodate oral public comments about the meeting should be directed to BILLING CODE M whenever possible. The PCAST expects Dr. Deborah D. Stine, PCAST Executive that public statements presented at its Director, at [email protected], (202) meetings will not be repetitive of 456–6006. Please note that public OFFICE OF SCIENCE AND previously submitted oral or written seating for this meeting is limited and TECHNOLOGY POLICY statements. is available on a first-come, first-served The public comment period for this basis. President’s Council of Advisors on meeting will take place on November 4, SUPPLEMENTARY INFORMATION: The Science and Technology Meeting; 2010 at a time specified in the meeting President’s Council of Advisors on Notice of Meeting: Partially Closed agenda posted on the PCAST Web site Science and Technology (PCAST) is an Meeting of the President’s Council of at http://whitehouse.gov/ostp/pcast. advisory group of the nation’s leading Advisors on Science and Technology This public comment period is designed scientists and engineers who directly ACTION: Public notice. only for substantive commentary on advise the President. See the Executive PCAST’s work, not for business Order at http://www.whitehouse.gov/ SUMMARY: This notice sets forth the marketing purposes. ostp/pcast. PCAST makes policy schedule and summary agenda for a Oral Comments: To be considered for recommendations in the many areas partially closed meeting of the the public speaker list at the meeting, where understanding of science, President’s Council of Advisors on interested parties should register to technology, and innovation is key to Science and Technology (PCAST), and speak at http://whitehouse.gov/ostp/ strengthening our economy and forming describes the functions of the Council. pcast, no later than 5 p.m. Eastern Time policy that works for the American Notice of this meeting is required under on Wednesday, October 27, 2010. Phone people. PCAST is administered by the the Federal Advisory Committee Act or e-mail reservations will not be Office of Science and Technology Policy (FACA), 5 U.S.C., App. accepted. To accommodate as many (OSTP). PCAST is co-chaired by Dr. DATES: November 4, 2010. speakers as possible, the time for public John P. Holdren, Assistant to the President for Science and Technology, ADDRESSES: The meeting will be held at comments will be limited to two (2) and Director, Office of Science and the Keck Center of the National minutes per person, with a total public Technology Policy, Executive Office of Academies, 500 5th Street, NW., Room comment period of 30 minutes. If more the President, The White House; and Dr. Keck 100, Washington, DC. speakers register than there is space Eric S. Lander, President, Broad Type of Meeting: Open and Closed. available on the agenda, PCAST will Institute of MIT and Harvard. Proposed Schedule and Agenda: The randomly select speakers from among Meeting Accomodations: Individuals President’s Council of Advisors on those who applied. Those not selected requiring special accommodation to Science and Technology (PCAST) is to present oral comments may always access this public meeting should scheduled to meet in open session on file written comments with the contact Dr. Stine at least ten business November 4, 2010 from 9:30 a.m. to 5 committee. Speakers are requested to days prior to the meeting so that p.m. with a lunch break from 12 p.m. to bring at least 25 copies of their oral appropriate arrangements can be made. 1 p.m. comments for distribution to the PCAST Open Portion of Meeting: During this members. Ted Wackler, open meeting, PCAST is tentatively Written Comments: Although written Deputy Chief of Staff. scheduled to hear presentations on comments are accepted until the date of [FR Doc. 2010–25766 Filed 10–8–10; 8:45 am] the meeting, written comments should science and technology enterprise BILLING CODE P planning, national security, and be submitted to PCAST at least two international affairs. PCAST members weeks prior to each meeting date, October 20, 2010, so that the comments will also discuss reports they are SECURITIES AND EXCHANGE may be made available to the PCAST developing on the topics of advanced COMMISSION manufacturing and the Networking and members prior to the meeting for their Information Technology Research and consideration. Information regarding Proposed Collection; Comment Development (NITRD) Program. how to submit comments and Request Additional information and the agenda documents to PCAST is available at will be posted at the PCAST Web site at: http://whitehouse.gov/ostp/pcast in the Upon Written Request, Copies Available http://whitehouse.gov/ostp/pcast. section entitled ‘‘Connect with PCAST.’’ From: U.S. Securities and Exchange Closed Portion of the Meeting: PCAST Please note that because PCAST Commission, Office of Investor may hold a closed meeting of operates under the provisions of FACA, Education and Advocacy, approximately 1 hour with the President all public comments and/or Washington, DC 20549–0213. on November 4, 2010, which must take presentations will be treated as public Extension: place in the White House for the documents and will be made available Form BD–N/Rule 15b11–1; SEC File No. President’s scheduling convenience and for public inspection, including being 270–498; OMB Control No. 3235–0556. to maintain Secret Service protection. posted on the PCAST Web site. Notice is hereby given that, pursuant This meeting will be closed to the FOR FURTHER INFORMATION CONTACT: to the Paperwork Reduction Act of 1995 public because such portion of the Information regarding the meeting (44 U.S.C. 3501 et seq.), the Securities meeting is likely to disclose matters that agenda, time, location, and how to and Exchange Commission

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62613

(‘‘Commission’’) is soliciting comments SECURITIES AND EXCHANGE Dated: October 4, 2010. on the collection of information COMMISSION Florence E. Harmon, summarized below. The Commission Deputy Secretary. Proposed Collection; Comment plans to submit this existing collection [FR Doc. 2010–25499 Filed 10–8–10; 8:45 am] of information to the Office of Request Management and Budget for extension BILLING CODE 8011–01–P and approval. Upon Written Request, Copies Available Rule 15b11–1 (17 CFR 240.15b11–1) From: Securities and Exchange Commission, Office of Investor SECURITIES AND EXCHANGE requires that futures commission COMMISSION merchants and introducing brokers Education and Advocacy, Washington, DC 20549–0213. registered with the Commidity Futures Sunshine Act Meeting Trading Commission that conduct a Extension: business in security futures products Form 144; OMB Control No. 3235–0101; Notice is hereby given, pursuant to must notice-register as broker-dealers SEC File No. 270–112. the provisions of the Government in the pursuant to Section 15(b)(11)(A) of the Notice is hereby given that, pursuant Sunshine Act, Public Law 94–409, that Securities Exchange Act of 1934 (15 to the Paperwork Reduction Act of 1995 the Securities and Exchange U.S.C. 78a et seq.). Form BD–N (17 CFR (44 U.S.C. 3501 et seq.), the Securities Commission will hold an Open Meeting 249.501b) is the Form by which these and Exchange Commission on October 13, 2010 at 10 a.m., in the entities must notice register with the (‘‘Commission’’) is soliciting comments Auditorium, Room L–002. Commission. on the collection of information The subject matter of the Open The total annual burden imposed by summarized below. The Commission Meeting will be: Rule 15b11–1 and Form BD–N is plans to submit this existing collection 1. The Commission will consider approximately 8 hours, based on of information to the Office of approximately 21 responses (10 initial whether to adopt an interim final Management Budget for extension and temporary rule under Section 766 of the filings + 11 amendments). Each initial approval. filing requires approximately 30 Dodd-Frank Wall Street Reform and Form 144 (17 CFR 239.144) is used to minutes to complete and each Consumer Protection Act, Public Law report the sale of securities during any amendment requires approximately 15 111–203, to provide for the reporting of three-month period that exceeds 5,000 minutes to complete. There is no annual certain security-based swap transactions shares or other units or has an aggregate cost burden. and including an interpretive note sales price that does not exceed $50,000. regarding retention and recordkeeping The Commission will use the Under Sections 2(11), 4(1), 4(2), 4(4) and information collected pursuant to Rule requirements for certain security-based 19(a) of the Securities Act of 1933 (15 swap transactions. 15b11–1 to understand the market for U.S.C. 77b, 77d(1)(2)(4) and 77s(a)) and 2. The Commission will consider securities futures product and fulfill its Rule 144 (17 CFR 230.144) there under, whether to propose Regulation MC regulatory obligations. the Commission is authorize to solicit pursuant to Section 765 of the Dodd- Written comments are invited on: (a) the information required to be supplied Frank Act to mitigate conflicts of Whether the proposed collection of by Form 144. Form 144 takes interest at security-based swap clearing information is necessary for the proper approximately 1 burden hour per agencies, security-based swap execution performance of the functions of the response and is filed by 23,361 facilities, and national security agency, including whether the respondents for a total of 23,361 total exchanges that post or make available information has practical utility; (b) the burden hours. accuracy of the agency’s estimate of the for trading security-based swaps. burden of the proposed collection of Written comments are invited on: (a) Whether this proposed collection of 3. The Commission will consider information; (c) ways to enhance the whether to propose rules that would quality, utility and clarity of the information is necessary for the proper performance of the functions of the implement Section 945 of the Dodd- information to be collected; and (d) Frank Wall Street Reform and Consumer ways to minimize the burden of the agency, including whether the information will have practical utility; Protection Act, which requires an issuer collection of information on of asset-backed securities (ABS) to respondents, including through the use (b) the accuracy of the agency’s estimate of the burden imposed by the collection perform a review of the assets of automated collection techniques or underlying the ABS and disclose other forms of information technology. of information; (c) ways to enhance the quality, utility, and clarity of the information relating to the review. The Consideration will be given to Commission will also consider whether comments and suggestions submitted in information collected; and (d) ways to minimize the burden of the collections to propose rules that would implement writing within 60 days of this Section 15E(s)(4)(A) of the Exchange Act publication. of information on respondents, including through the use of automated as added by Section 932 of the Act, Comments should be directed to collection techniques or other forms of which requires an ABS issuer or Jeffrey Heslop, Acting Director/Chief information technology. Consideration underwriter to make publicly available Information Officer, Securities and will be given to comments and the findings and conclusions of any Exchange Commission, c/c Remi Pavlik- suggestions submitted in writing within third-party due diligence report. Simon, 6432 General Green Way, 60 days of this publication. At times, changes in Commission Alexandria, Virginia 22312 or send an e- priorities require alterations in the mail to: [email protected]. Please direct your written comments to Jeffrey Heslop, Acting Director/CIO, scheduling of meeting items. Dated: October 4, 2010. Securities and Exchange Commission, For further information and to Florence E. Harmon, C/O Remi Pavlik-Simon, 6432 General ascertain what, if any, matters have been Deputy Secretary. Green Way, Alexandria, Virginia 22312, added, deleted or postponed, please [FR Doc. 2010–25501 Filed 10–8–10; 8:45 am] or send an e-mail to: contact: The Office of the Secretary at BILLING CODE 8011–01–P [email protected]. (202) 551–5400.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62614 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Dated: October 6, 2010. rule change. The text of those public interest. Permitting trading Elizabeth M. Murphy, statements may be examined at the earlier in the morning and until later in Secretary. places specified in Item IV below. The the day will permit investors greater [FR Doc. 2010–25677 Filed 10–7–10; 11:15 am] Exchange has prepared summaries, set opportunity to participate in the market, BILLING CODE 8011–01–P forth in sections A, B, and C below, of thereby removing an impediment to the most significant parts of such trading. statements. B. Self-Regulatory Organization’s SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement on Burden on Competition COMMISSION Statement of the Purpose of, and the CBOE does not believe that the [Release No. 34–63035; File No. SR–CBOE– Statutory Basis for, the Proposed Rule proposed rule change will impose any 2010–090] Change burden on competition not necessary or appropriate in furtherance of the Self-Regulatory Organizations; 1. Purpose purposes of the Act. Chicago Board Options Exchange, Currently, CBSX is open for trading Incorporated; Notice of Filing and from 8 a.m. until 3:30 p.m. (all times C. Self-Regulatory Organization’s Immediate Effectiveness of Proposed Central unless otherwise denoted), with Statement on Comments on the Rule Change To Modify Trading Hours the time period from 8:30 a.m. until Proposed Rule Change Received From for CBSX 3 p.m. designated as CBSX Regular Members, Participants, or Others Trading Hours and the time periods October 4, 2010. The Exchange neither solicited nor from 8 a.m. until 8:30 a.m. and 3 p.m. received comments on the proposal. Pursuant to Section 19(b)(1) of the until 3:30 p.m. designated as CBSX Securities Exchange Act of 1934 (the Extended Trading Hours. The Exchange III. Date of Effectiveness of the ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 has, in the past, made similar changes Proposed Rule Change and Timing for notice is hereby given that on to extend CBSX trading hours.5 CBSX Commission Action September 29, 2010, the Chicago Board proposes to extend its hours of business Because the foregoing rule does not (i) Options Exchange, Incorporated to open for trading at 7:30 a.m. and Significantly affect the protection of ‘‘ ’’ ‘‘ ’’ ( Exchange or CBOE ) filed with the close trading at 3:45 p.m. This change investors or the public interest; (ii) Securities and Exchange Commission would not affect CBSX Regular Trading impose any significant burden on ‘‘ ’’ (the Commission ) the proposed rule Hours; the new trading periods competition; and (iii) become operative change as described in Items I and II (7:30 a.m. until 8 a.m. and 3:30 p.m. for 30 days from the date on which it below, which Items have been prepared until 3:45 p.m.) would merely extend was filed, or such shorter time as the by the Exchange. The Exchange filed the the CBSX Extended Trading Hours. Commission may designate if consistent ‘‘ ’’ proposal as a non-controversial The Exchange represents that the with the protection of investors and the proposed rule change pursuant to modified opening and closing times will public interest, the proposed rule Section 19(b)(3)(A)(iii) of the Act 3 and have no implications for CBSX systems. 4 change has become effective pursuant to Rule 19b–4(f)(6) thereunder. The The Exchange represents that CBSX Section 19(b)(3)(A) of the Act 9 and Rule Commission is publishing this notice to traders will have been notified of the 19b–4(f)(6) thereunder.10 solicit comments on the proposed rule time change via circular prior to the rule The Exchange has requested that the change from interested persons. change taking effect. Lastly, the Commission waive the 30-day operative Exchange represents that appropriate I. Self-Regulatory Organization’s delay. The Commission believes that surveillance will be in place for the new waiving the 30-day operative delay is Statement of the Terms of Substance of trading hours. the Proposed Rule Change consistent with the protection of investors and the public interest The Exchange proposes for the CBOE 2. Statutory Basis because such waiver will permit market Stock Exchange (‘‘CBSX’’) to modify its The Exchange believes the proposed participants to trade on CBSX in CBSX Extended Trading Hours to rule change is consistent with the Act 6 extended trading hours that are permit trading to open at 7:30 a.m. and the rules and regulations available on other exchanges.11 Central Time and continue until thereunder and, in particular, the Accordingly, the Commission 3:45 p.m. Central Time. The text of the requirements of Section 6(b) of the Act.7 designates the proposed rule change proposed rule change is available on the Specifically, the Exchange believes the operative upon filing with the Exchange’s Web site (http:// proposed rule change is consistent with Commission.12 www.cboe.org/legal), at the Exchange’s the Section 6(b)(5) 8 requirements that the rules of an exchange be designed to At any time within 60 days of the principal office, and at the filing of the proposed rule change, the Commission’s Public Reference Room. promote just and equitable principles of trade, to prevent fraudulent and 9 II. Self-Regulatory Organization’s manipulative acts, to remove 15 U.S.C. 78s(b)(3)(A). Statement of the Purpose of, and 10 17 CFR 240.19b–4(f)(6). In addition, Rule impediments to and to perfect the 19b–4(f)(6)(iii) requires the Exchange to give the Statutory Basis for, the Proposed Rule mechanism for a free and open market Commission written notice of the Exchange’s intent Change and a national market system, and, in to file the proposed rule change, along with a brief In its filing with the Commission, the general, to protect investors and the description and text of the proposed rule change, at least five business days prior to the date of filing CBOE included statements concerning of the proposed rule change, or such shorter time the purpose of and basis for the 5 See Securities Exchange Act Release Nos. 34– as designated by the Commission. The Commission proposed rule change and discussed any 61349 (January 14, 2010), 75 FR 3511 (January 21, has waived the five-day pre-filing requirement in comments it received on the proposed 2010) (SR–CBOE–2010–004) and 34–60910 (October this case. 30, 2009), 74 FR 57718 (November 9, 2009) (SR– 11 See, e.g., NASDAQ Stock Market Rule 4617 and CBOE–2010–083). In both cases, the Commission NASDAQ OMX PHLX Rule 101. 1 15 U.S.C. 78s(b)(1). waived the 30-day operative delay period. 12 For the purposes only of waiving the 30-day 2 17 CFR 240.19b–4. 6 15 U.S.C. 78s(b)(1). operative delay, the Commission has considered the 3 15 U.S.C. 78s(b)(3)(A)(iii). 7 15 U.S.C. 78f(b). proposed rule’s impact on efficiency, competition, 4 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78f(b)(5). and capital formation. See 15 U.S.C. 78(c)(f).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62615

Commission summarily may should be submitted on or before and basis for, the proposed rule change temporarily suspend such rule change if November 2, 2010. and discussed any comments it received it appears to the Commission that such For the Commission, by the Division of on the proposed rule change. The text action is necessary or appropriate in the Trading and Markets, pursuant to delegated of those statements may be examined at public interest, for the protection of authority.13 the places specified in Item IV below. investors, or otherwise in furtherance of Florence E. Harmon, The Exchange has prepared summaries, the purposes of the Act. Deputy Secretary. set forth in sections A, B, and C below, of the most significant parts of such IV. Solicitation of Comments [FR Doc. 2010–25453 Filed 10–8–10; 8:45 am] statements. Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and A. Self-Regulatory Organization’s arguments concerning the foregoing, Statement of the Purpose of, and the including whether the proposed rule SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule change is consistent with the Act. COMMISSION Change Comments may be submitted by any of [Release No. 34–63043; File No. SR– 1. Purpose the following methods: NYSEArca–2010–84] The Exchange proposes to list and Electronic Comments Self-Regulatory Organizations; NYSE trade units (‘‘Units’’) of the Trust under • Use the Commission’s Internet Arca, Inc.; Notice of Filing and Order NYSE Arca Equities Rule 8.201. Under comment form (http://www.sec.gov/ Granting Accelerated Approval of a NYSE Arca Equities Rule 8.201, the rules/sro.shtml); or Proposed Rule Change To List and Exchange may propose to list and/or • Send an e-mail to rule- Trade Shares of the Sprott Physical trade pursuant to unlisted trading [email protected]. Please include File Silver Trust privileges (‘‘UTP’’) ‘‘Commodity-Based Number SR–CBOE–2010–090 on the Trust Shares.’’ 5 The Commission has subject line. October 5, 2010. approved listing of the iShares Silver Pursuant to Section 19(b)(1) 1 of the 6 Paper Comments Trust on the Exchange and, previously, Securities Exchange Act of 1934 (the listing of the iShares Silver Trust on the • Send paper comments in triplicate ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 American Stock Exchange LLC (now to Elizabeth M. Murphy, Secretary, notice is hereby given that, on known as ‘‘NYSE Amex LLC’’).7 Further, Securities and Exchange Commission, September 22, 2010, NYSE Arca, Inc. the Commission has also approved 100 F Street, NE., Washington, DC (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed listing on the Exchange under NYSE 20549–1090. with the Securities and Exchange Arca Equities Rule 8.201 shares of ETFS All submissions should refer to File Commission (the ‘‘Commission’’) the Silver Trust 8 and ETFS Gold Trust.9 Number SR–CBOE–2010–090. This file proposed rule change as described in The Commission also has previously number should be included on the Items I, II, and III below, which Items approved listing on the Exchange of subject line if e-mail is used. To help the have been prepared by the self- shares of the Sprott Physical Gold Trust, Commission process and review your regulatory organization. The streetTRACKS Gold Trust, and iShares comments more efficiently, please use Commission is publishing this notice to COMEX Gold Trust.10 Prior to their only one method. The Commission will solicit comments on the proposed rule listing on the Exchange, the post all comments on the Commission’s change from interested persons and is Commission approved listing of the Internet Web site (http://www.sec.gov/ approving the proposed rule change on rules/sro.shtml). Copies of the an accelerated basis. 5 Commodity-Based Trust Shares are securities submission, all subsequent issued by a trust that represent investors’ discrete amendments, all written statements I. Self-Regulatory Organization’s identifiable and undivided beneficial ownership interest in the commodities deposited into the with respect to the proposed rule Statement of the Terms of Substance of the Proposed Rule Change Trust. change that are filed with the 6 See Securities Exchange Act Release No. 58956 Commission, and all written The Exchange proposes to list and (November 14, 2008), 73 FR 71074 (November 24, communications relating to the trade units 4 of the Sprott Physical 2008) (SR–NYSEArca–2008–124) (approving listing proposed rule change between the Silver Trust (the ‘‘Trust’’) under NYSE on the Exchange of the iShares Silver Trust). 7 See Securities Exchange Act Release No. 53521 Commission and any person, other than Arca Equities Rule 8.201. The text of the (March 20, 2006), 71 FR 14967 (March 24, 2006) those that may be withheld from the proposed rule change is available at the (SR–Amex–2005–72) (approving listing on the public in accordance with the Exchange, the Commission’s Public American Stock Exchange LLC of the iShares Silver provisions of 5 U.S.C. 552, will be Reference Room, and http:// Trust). www.nyse.com. 8 See Securities Exchange Act Release No. 59781 available for website viewing and (April 17, 2009), 74 FR 18771 (April 24, 2009) (SR– printing in the Commission’s Public II. Self-Regulatory Organization’s NYSEArca–2009–28) (approving listing on the Reference Room, 100 F Street, NE., Exchange of the ETFS Silver Trust). Statement of the Purpose of, and Washington, DC 20549, on official 9 See Securities Exchange Act Release No. 59895 Statutory Basis for, the Proposed Rule business days between the hours of (May 8, 2009), 74 FR 22993 (May 15, 2009) (SR– Change NYSEArca–2009–40) (approving listing on the 10 a.m. and 3 p.m. Copies of such filing Exchange of the ETFS Gold Trust). also will be available for inspection and In its filing with the Commission, the 10 See Securities Exchange Act Release No. 61496 copying at the principal office of the self-regulatory organization included (February 4, 2010) 75 FR 6758 (February 10, 2010) CBOE. All comments received will be statements concerning the purpose of, (NYSEArca–2009–113) (approving listing on the Exchange of Sprott Physical Gold Trust); Securities posted without change; the Commission Exchange Act Release No. 56224 (August 8, 2007), 13 17 CFR 200.30–3(a)(12). does not edit personal identifying 72 FR 45850 (August 15, 2007) (SR–NYSEArca– 1 information from submissions. You 15 U.S.C.78s(b)(1). 2007–76) (approving listing on the Exchange of the 2 should submit only information that 15 U.S.C. 78a. streetTRACKS Gold Trust); Securities Exchange Act 3 17 CFR 240.19b–4. Release No. 56041 (July 11, 2007), 72 FR 39114 you wish to make available publicly. All 4 Each unit represents an equal, fractional, (July 17, 2007) (SR–NYSEArca–2007–43) submissions should refer to File undivided ownership interest in the net assets of (approving listing on the Exchange of iShares Number SR–CBOE–2010–090 and the Trust attributable to the particular class of units. COMEX Gold Trust).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62616 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

streetTRACKS Gold Trust on the New security (a) that is issued by a trust that Arca Equities Rule 8.201 and thereby York Stock Exchange (‘‘NYSE’’) and holds a specified commodity deposited qualify for listing on the Exchange.19 listing of iShares COMEX Gold Trust on with the trust; (b) that is issued by such Operation of the Silver Market the American Stock Exchange LLC.11 In trust in a specified aggregate minimum addition, the Commission has approved number in return for a deposit of a A detailed description of the silver trading of the streetTRACKS Gold Trust quantity of the underlying commodity; market is set forth in the Registration and iShares Silver Trust on the and (c) that, when aggregated in the Statement. 12 Exchange pursuant to UTP. Sprott same specified minimum number, may Secondary Market Trading and Asset Management LP is the sponsor or be redeemed at a holder’s request by Liquidity manager of the Trust (the ‘‘Sponsor’’ or such trust which will deliver to the the ‘‘Manager,’’ 13 as the case may be), redeeming holder the quantity of the While the Trust’s investment RBC Dexia Investor Services Trust is the underlying commodity. objective is for the Units to reflect the performance of physical silver bullion, trustee of the Trust (the ‘‘Trustee’’),14 the The Trust will issue Units, each of less the expenses of the Trust, the Units Royal Canadian Mint is the custodian which represents an equal, fractional may trade in the secondary market on for the physical silver bullion owned by undivided ownership interest in the net the NYSE Arca at prices that are lower the Trust (the ‘‘Silver Custodian’’),15 and assets of the Trust attributable to the or higher relative to their per Unit NAV. RBC Dexia serves as the custodian of the particular class of Units. Except with The NAV is expected to fluctuate with Trust’s assets other than physical silver respect to cash held by the Trust to pay 16 changes in the market value of the bullion (the ‘‘Non-Silver Custodian’’). expenses and anticipated redemptions, Trust’s assets. The trading price of the the Trust expects to own only London Listing Rules Units will fluctuate in accordance with Good Delivery physical silver bullion. changes in the NAV as well as market Definition. Rule 8.201(c)(1) defines The investment objective of the Trust is supply and demand. The amount of the Commodity-Based Trust Shares as a for the Units to reflect the performance discount or premium in the trading of the price of silver bullion, less the 11 See Securities Exchange Act Release No. 50603 price relative to the NAV may be expenses of the Trust’s operations.17 (October 28, 2004), 69 FR 64614 (November 5, 2004) influenced by non-concurrent trading The Trust is not actively managed and (SR–NYSE–2004–22) (approving listing of hours between the NYSE Arca and the streetTRACKS Gold Trust on NYSE); Securities does not engage in any activities COMEX and other major world silver Exchange Act Release No. 51058 (January 19, 2005), designed to obtain a profit from, or to 70 FR 3749 (January 26, 2005) (SR–Amex-2004–38) markets. While the Units will trade on ameliorate losses caused by, changes in (approving listing of iShares COMEX Gold Trust on the NYSE Arca until 8 p.m. New York the price of silver bullion. The Trust is the American Stock Exchange LLC). time, liquidity in the global silver 12 See Securities Exchange Act Release No. 53520 neither an investment company market will be reduced after the close of (March 20, 2006), 71 FR 14977 (March 24, 2006) registered under the Investment the major world silver markets, (SR–PCX–2005–117) (approving trading on the Company Act of 1940 nor a commodity Exchange pursuant to UTP of the iShares Silver including London and of the COMEX pool for purposes of the Commodity Trust); Securities Exchange Act Release No. 51245 division of the New York Mercantile (February 23, 2005), 70 FR 10731 (March 4, 2005) Exchange Act.18 The Units will be Exchange at 1:25 p.m. New York time. (SR–PCX–2004–117) (approving trading on the issued in an initial public offering. The As a result, during this time, trading Exchange of the streetTRACKS Gold Trust pursuant Trust may not issue additional Units of to UTP). spreads, and the resulting premium or 13 the class offered in this offering The Manager is a limited partnership existing discount to the NAV may widen. under the laws of Ontario, Canada, and acts as following its completion except (i) if the manager of the Trust pursuant to the Trust’s trust net proceeds per Unit to be received by Trust Expenses agreement and the management agreement. The the Trust are not less than 100% of the Manager provides management and advisory The fees and expenses of the Trust are services to the Trust. Additional details regarding most recently calculated net asset value set forth in detail in the Registration the Manager are set forth in the Registration (‘‘NAV’’) immediately prior to, or upon, Statement. Statement on Form F–1 for the Sprott Physical the determination of the pricing of such Silver Trust, filed with the Commission on July 9, issuance or (ii) by way of Unit Initial Public Offering and Redemption 2010 (No. 333–168051) (the ‘‘Registration of Units Statement’’). distribution in connection with an 14 The Trustee holds title to the Trust’s assets on income distribution. The Trust will not The Trust will offer at a minimum, behalf of the Unitholders and has, together with the issue Units on an on-going or daily 1,000,000 Units in its initial public Manager, exclusive authority over the assets and basis. At the start of trading the Trust offering to a minimum of 400 affairs of the Trust. The Trustee has a fiduciary responsibility to act in the best interest of the will issue a minimum of 1,000,000 Unitholders. Each Unit will represent an Unitholders. Additional details regarding the Units to at least 400 holders equal, fractional, undivided ownership Trustee are set forth in the Registration Statement. (‘‘Unitholders’’), as further described interest in the net assets of the Trust 15 The Silver Custodian will be responsible for below. attributable to the particular class of and will bear all risk of loss of, and damage to, the The Units will be redeemable Trust’s physical silver bullion that is in its custody, Units. It is not currently intended that subject to certain limitations based on events monthly at the option of the holder. The the Trust will create additional Units, beyond the Silver Custodian’s control. The redemption process is further described except as provided above. Manager, with the consent of the Trustee, may below. Unitholders may redeem their Units determine to change the custodial arrangements of The Exchange represents that the on a monthly basis. the Trust. Additional details regarding the Silver Units satisfy the requirements of NYSE Custodian are set forth in the Registration Redemption for Physical Silver Statement. 16 The Non-Silver Custodian will be responsible 17 The descriptions of the Trust, the Units and the Subject to the terms of the trust for and will bear all risk of the loss of, and damage silver market contained herein are based on the agreement and the Manager’s right to to, the Trust’s assets (other than physical silver Registration Statement. suspend redemptions under certain bullion) that are in its custody, subject to certain 18 The Trust does not trade in silver futures limitations based on events beyond the Non-Silver contracts. The Trust takes delivery of physical circumstances described in the Custodian’s control. The Manager, with the consent silver that complies with certain silver delivery of the Trustee, may determine to change the rules. Because the Trust does not trade in silver 19 With respect to application of Rule 10A–3 (17 custodial arrangements of the Trust. Additional futures contracts on any futures exchange, the Trust CFR 240.10A–3) under the Act (15 U.S.C. 78a), the details regarding the Non-Silver Custodian are set is not regulated as a commodity pool, and is not Trust relies on the exemption contained in Rule forth in the Registration Statement. operated by a commodity pool operator. 10A–3(c)(7).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62617

registration statement, Units may be carrier); (iii) in Canada, to any business if such day is not a Business Day, then redeemed at the option of a Unitholder address (subject to approval by the on the immediately following day that for physical silver bullion in any armored transportation service carrier); is a Business Day. Any redemption calendar month. Units redeemed for and (iv) outside of the United States and notice to redeem Units for cash received physical silver will be entitled to a Canada, to any address approved by the after such time will be processed in the redemption price equal to 100% of the armored transportation service carrier. next month. NAV of the redeemed Units on the last Physical silver bullion delivered to an Business Day, as defined herein, of the institution located in North America Termination Events calendar month in which the authorized to accept and hold London The Trust will be terminated in the redemption request is processed, less Good Delivery bars will likely retain its event there are no Units outstanding, redemption and delivery expenses. London Good Delivery status while in the Trustee resigns or is removed and no Redemption requests must be for the custody of such institution; physical successor trustee is appointed by the amounts that are at least equivalent to silver bullion delivered pursuant to a Manager by the time the resignation or the value of ten London Good Delivery Unitholder’s delivery instruction to a removal becomes effective, the Manager bars or an integral multiple of one bar destination other than an institution resigns and no successor manager is in excess thereof, plus applicable located in North America authorized to appointed by the Manager and approved expenses. A ‘‘London Good Delivery accept and hold London Good Delivery by Unitholders by the time the bar’’ contains between 750 and 1100 troy bars will no longer be deemed London resignation becomes effective, the ounces of silver. Any fractional amount Good Delivery once received by the Manager is, in the opinion of the of redemption proceeds in excess of ten Unitholder. The armored transportation Trustee, in material default of its London Good Delivery bars or an service carrier will receive silver bullion obligations under the trust agreement integral multiple of one bar in excess in connection with a redemption of and does not cure such default within thereof will be paid in cash at a rate Units approximately 10 Business Days a certain time period, the Manager equal to 100% of the NAV of such after the end of the month in which the experiences certain insolvency events or excess amount. The ability of a redemption notice is processed. Any the assets of the Manager have become Unitholder to redeem Units for physical cash to be received by a redeeming subject to seizure or confiscation by any silver bullion may be limited by the Unitholder in connection with a public or governmental authority. In sizes of London Good Delivery bars held redemption of Units for physical silver addition, the Manager may, in its by the Trust at the time of the bullion will be delivered to the discretion, terminate the Trust, without redemption. A Unitholder redeeming Unitholder’s brokerage account within Unitholder approval, if, in the opinion Units for silver will be responsible for 10 Business Days after the calendar of the Manager, after consulting with the expenses incurred by the Trust in month in which the redemption is independent review committee, the connection with such redemption and processed. value of net assets of the Trust has been applicable delivery expenses, including Redemption for Cash reduced such that it is no longer the handling of the notice of economically feasible to continue the redemption, the delivery of the physical Subject to the terms of the trust Trust and it would be in the best bullion for units that are being agreement and the Manager’s right to interests of the Unitholders to terminate redeemed and the applicable silver suspend redemptions under certain the Trust, by giving the Trustee and storage in-and-out fees. circumstances described in the each holder of Units at the time not less registration statement, Units may be A redemption notice to redeem Units than 60 days and not more than 90 days’ redeemed at the option of a Unitholder for physical silver bullion must be written notice prior to the effective date for cash on a monthly basis. Units received by the Trust’s transfer agent no of the termination of the Trust.20 To the redeemed for cash will be entitled to a later than 4 pm, Eastern Standard Time, extent such termination in the redemption price equal to 95% of the on the 15th day of the calendar month discretion of the Manager may involve lesser of (i) the volume-weighted in which the redemption notice will be a matter that would be a ‘‘conflict of average trading price of the Units traded processed or, if such day is not a day on interest matter’’ as set forth in applicable on the NYSE Arca or, if trading has been which banks located in New York, New Canadian regulations, the matter will be suspended on NYSE Arca, the trading York, are open for the transaction of referred by the Manager to the ‘‘ ’’ price of the units traded on the Toronto banking business (a Business Day ), independent review committee then on the immediately following day Stock Exchange, for the last five established by the Manager for its that is a Business Day. Any redemption Business Days of the month in which recommendation. In connection with notice received after such time will be the redemption request is processed and the termination of the Trust, the Trust processed in the next month. (ii) the NAV of the redeemed Units as Physical silver bullion received by a of 4:00 p.m., Eastern Standard Time, on shall, to the extent possible, convert its Unitholder as a result of a redemption the last Business Day of such month. assets to cash and, after paying or of Units will be delivered by armored Cash redemption proceeds will be making adequate provision for all of the transportation service carrier pursuant transferred to a redeeming Unitholder Trust’s liabilities, distribute the net to delivery instructions provided by the approximately three Business Days after assets of the Trust to Unitholders, on a Unitholder. The armored transportation the end of the month in which the pro rata basis, as soon as practicable service carrier will be engaged by or on redemption notice is processed. See after the termination date. Additional behalf of the redeeming Unitholder. ‘‘Redemption of Units’’ for detailed information regarding the Units and the Such physical silver bullion can be terms and conditions relating to the operation of the Trust, including delivered (i) to an account established redemption of Units for cash. termination events, risks, and by the Unitholder at an institution A redemption notice to redeem Units redemption procedures, are described in located in North America authorized to for cash must be received by the Trust’s the Registration Statement. accept and hold London Good Delivery transfer agent no later than 4 p.m. 20 See e-mail, dated October 5, 2010, from Tim bars; (ii) in the United States, to any Eastern Standard Time, on the 15th day Malinowski, Senior Director, NYSE Euronext, to physical address (subject to approval by of the calendar month in which the Christopher Chow, Special Counsel, and Steve the armored transportation service redemption notice will be processed or, Varholik, Special Counsel, Commission.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62618 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Valuation of Silver and Definition of Net silver futures and options prices traded outstanding at the start of trading. The Asset Value on the COMEX are available by minimum number of Units required to The value of the net assets of the subscription from Reuters and be outstanding exceeds the Trust and the NAV will be determined Bloomberg. The NYMEX also provides requirements that have been applied to daily at 4 p.m. (Eastern Standard Time) delayed futures and options information previously listed shares of the on each day that is a Business Day, by on current and past trading sessions and streetTRACKS Gold Trust, the iShares the Trust’s valuator, which is RBC Dexia market news free of charge on its Web COMEX Gold Trust, the iShares Silver site. There are a variety of other public Trust and exchange-traded funds. There Investor Services Trust. The value of the 24 net assets of the Trust as of the Web sites providing information on will be a minimum of 400 Unitholders at the start of trading. Additionally, it is valuation time on any such day shall be silver, ranging from those specializing anticipated that the initial price of a equal to the aggregate fair market value in precious metals to sites maintained Unit will be approximately $10.00. The of the assets of the Trust as of such date, by major newspapers, such as The Wall Exchange believes that the anticipated less an amount equal to the total Street Journal. In addition, the daily minimum number of Units outstanding liabilities of the Trust (excluding all London noon Fix is publicly available at at the start of trading is sufficient to liabilities represented by outstanding no charge at or http:// provide adequate market liquidity. Prior Units) as of such date. The valuator www.thebulliondesk.com. to listing, the Trust will represent to the shall calculate the NAV by dividing the The Trust Web site will provide an Exchange that the NAV would be value of the net assets of the Trust on intraday indicative value (‘‘IIV’’) per calculated daily and made available to that day by the total number of Units share for the Units, as calculated by a third party financial data provider all market participants at the same time. then outstanding on such day. Prior to listing, the Trust will also The Units will be book-entry only and during the Exchange’s Core Trading Session (9:30 a.m. to 4 p.m., New York represent to the Exchange that the IIV individual certificates will not be issued will be calculated at least every fifteen for the Units (except in connection with time). The IIV will be calculated based on a price of silver derived from seconds and made available to all a redemption of Units, during the market participants at the same time. process of which redeeming Units will updated bids and offers indicative of the 21 be certificated and presented for spot price of silver. In addition, the Trading Rules Web site for the Trust will contain the cancellation as part of the redemption The Exchange deems the Units to be process). following information, on a per Unit basis, for the Trust: (a) The mid-point of equity securities and subject to the Exchange’s existing rules governing the Availability of Information Regarding the bid-ask price 22 at the close of trading of equity securities. Trading in Silver Prices trading in relation to the NAV as of the the Units on the Exchange will occur in time the NAV is calculated (‘‘Bid/Ask Currently, the Consolidated Tape Plan accordance with NYSE Arca Equities Price’’), and a calculation of the does not provide for dissemination of Rule 7.34(a). The Exchange has premium or discount of such price the spot price of a commodity, such as appropriate rules to facilitate against such NAV; and (b) data in chart silver, over the Consolidated Tape. transactions in the Units during all format displaying the frequency However, there will be disseminated trading sessions. over the Consolidated Tape the last sale distribution of discounts and premiums Further, NYSE Arca Equities Rule price for the Units, as is the case for all of the Bid/Ask Price against the NAV, 8.201 sets forth certain restrictions on equity securities traded on the Exchange within appropriate ranges, for each of ETP Holders acting as registered Market (including exchange-traded funds). In the four previous calendar quarters. The Makers in the Units to facilitate addition, there is a considerable amount Web site for the Trust will also provide surveillance. Pursuant to NYSE Arca of silver price and silver market the Trust’s prospectus, as well as the Equities Rule 8.201(g), an ETP Holder information available on public Web two most recent reports to stockholders. acting as a registered Market Maker in sites and through professional and Finally, the Trust Web site will provide the Units is required to provide the subscription services. the last sale price of the Units as traded Exchange with information relating to Investors may obtain on a 24-hour in the US market. In addition, the its trading in the underlying silver, basis silver pricing information based Exchange will make available over the related futures or options on futures, or on the spot price for an ounce of silver Consolidated Tape quotation any other related derivatives. from various financial information information, trading volume, closing Commentary .04 of NYSE Arca Equities service providers, such as Reuters and prices and NAV for the Units from the Rule 6.3 requires an ETP Holder acting Bloomberg. Reuters and Bloomberg previous day. as a registered Market Maker in the provide at no charge on their Web sites Criteria for Initial and Continued Listing Units from using any material delayed information regarding the spot nonpublic information received from price of silver and last sale prices of The Trust will be subject to the any person associated with an ETP silver futures, as well as information criteria in NYSE Arca Equities Rule Holder or employee of such person about news and developments in the 8.201(e) for initial and continued listing regarding trading by such person or silver market. Reuters and Bloomberg of the Units. employee in the underlying silver, also offer a professional service to It is anticipated that a minimum of related futures or options on futures or 23 subscribers for a fee that provides 1,000,000 Units will be required to be any other related derivative (including information on silver prices directly the Units). 21 The IIV on a per Unit basis disseminated As a general matter, the Exchange has from market participants. An during the Core Trading Session should not be organization named EBS provides an viewed as a real-time update of the NAV, which is regulatory jurisdiction over its ETP electronic trading platform to calculated once a day. institutions such as bullion banks and 22 The bid-ask price of the Trust is determined for the issuance of equity linked notes under NYSE dealers for the trading of spot silver, as using the highest bid and lowest offer on the Arca Rule 5.2(j)(2). Consolidated Tape as of the time of calculation of 24 The minimum number of holders is comparable well as a feed of live streaming prices the closing day NAV. to the minimum threshold established for the to Reuters and Moneyline Telerate 23 The minimum number of Units issued is issuance of equity linked notes under NYSE Arca subscribers. Complete real-time data for comparable to the minimum threshold established Rule 5.2(j)(2).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62619

Holders and their associated persons, Holders’ proprietary or customer trades The Information Bulletin will also which include any person or entity through ETP Holders which they effect discuss any relief, if granted, by the controlling an ETP Holder, as well as a on any relevant market. In addition, the Commission or the staff from any rules subsidiary or affiliate of an ETP Holder Exchange may obtain trading under the Act. that is in the securities business. A information via the Intermarket 2. Statutory Basis subsidiary or affiliate of an ETP Holder Surveillance Group (‘‘ISG’’) from other that does business only in commodities exchanges who are members of the The proposed rule change is or futures contracts would not be ISG.26 consistent with Section 6(b) of the subject to Exchange jurisdiction, but the Act,27 in general, and furthers the Information Bulletin Exchange could obtain information objectives of Section 6(b)(5),28 in regarding the activities of such Prior to the commencement of particular, in that it is designed to subsidiary or affiliate through trading, the Exchange will inform its prevent fraudulent and manipulative surveillance sharing agreements with ETP Holders in an Information Bulletin acts and practices, to promote just and regulatory organizations of which such of the special characteristics and risks equitable principles of trade, to foster subsidiary or affiliate is a member. associated with trading the Units. cooperation and coordination with With respect to trading halts, the Specifically, the Information Bulletin persons engaged in facilitating Exchange may consider all relevant will discuss the following: (1) The transactions in securities, and to remove factors in exercising its discretion to procedures for purchases and impediments to and perfect the halt or suspend trading in the Units. redemptions of Units; (2) NYSE Arca mechanism of a free and open market Trading on the Exchange in the Units Equities Rule 9.2(a), which imposes a and a national market system. The may be halted because of market duty of due diligence on its ETP Holders Exchange believes that the proposed conditions or for reasons that, in the to learn the essential facts relating to rule change will facilitate the listing and view of the Exchange, make trading in every customer prior to trading the trading of an additional type of the Units inadvisable. These may Units; (3) how information regarding the commodity-based product that will include: (1) The extent to which IIV is disseminated; (4) the requirement enhance competition among market conditions in the underlying silver that ETP Holders deliver a prospectus to participants, to the benefit of investors market have caused disruptions and/or investors purchasing newly issued Units and the marketplace. lack of trading, or (2) whether other prior to or concurrently with the unusual conditions or circumstances confirmation of a transaction; (5) the B. Self-Regulatory Organization’s detrimental to the maintenance of a fair possibility that trading spreads and the Statement on Burden on Competition and orderly market are present, or (3) if resulting premium or discount on the The Exchange does not believe that the Toronto Stock Exchange halts Units may widen as a result of reduced the proposed rule change will impose trading in the Units. In addition, trading liquidity of silver trading during the any burden on competition that is not in Units will be subject to trading halts Core and Late Trading Sessions after the necessary or appropriate in furtherance caused by extraordinary market close of the major world silver markets; of the purposes of the Act. volatility pursuant to the Exchange’s and (6) trading information. For C. Self-Regulatory Organization’s ‘‘circuit breaker’’ rule.25 example, the Information Bulletin will Statement on Comments on the advise ETP Holders, prior to the Surveillance Proposed Rule Change Received From commencement of trading, of the Members, Participants, or Others The Exchange intends to utilize its prospectus delivery requirements existing surveillance procedures applicable to the Trust. ETP Holders No written comments were solicited applicable to derivative products purchasing Units from the Trust for or received with respect to the proposed (including Commodity-Based Trust resale to investors will deliver a rule change. Shares) to monitor trading in the Units. prospectus to such investors. III. Date of Effectiveness of the The Exchange represents that these In addition, the Information Bulletin Proposed Rule Change and Timing for procedures are adequate to properly will reference that the Trust is subject Commission Action monitor Exchange trading of the Units to various fees and expenses described in all trading sessions and to deter and in the Registration Statement. The Within 45 days of the date of detect violations of Exchange rules and Information Bulletin will also reference publication of this notice in the Federal applicable federal securities laws. the fact that there is no regulated source Register or within such longer period (i) The Exchange’s current trading of last sale information regarding as the Commission may designate up to surveillance focuses on detecting physical silver, that the Commission has 90 days of such date if it finds such securities trading outside their normal no jurisdiction over the trading of silver longer period to be appropriate and patterns. When such situations are as a physical commodity, and that the publishes its reasons for so finding or detected, surveillance analysis follows CFTC has regulatory jurisdiction over (ii) as to which the self-regulatory and investigations are opened, where the trading of silver futures contracts organization consents, the Commission appropriate, to review the behavior of and options on silver futures contracts. will: all relevant parties for all relevant (A) By order approve or disapprove trading violations. Also, pursuant to 26 A list of ISG members is available at http:// the proposed rule change, or NYSE Arca Equities Rule 8.201(g), the www.isgportal.org/isgportal/public/members.htm. (B) Institute proceedings to determine Exchange is able to obtain information Trading information can be obtained from the whether the proposed rule change regarding trading in the Units and the Investment Industry Regulatory Organization of should be disapproved. underlying silver, silver futures Canada, a member of ISG, who oversees Canadian broker dealers and trading activity on the Toronto IV. Solicitation of Comments contracts, options on silver futures, or Stock Exchange. The Exchange notes that the New any other silver derivative, through ETP York Mercantile Exchange, of which the COMEX is Interested persons are invited to Holders acting as registered Market a division, is an ISG member, however, the Tokyo submit written data, views, and Commodity Exchange (‘‘TOCOM’’) is not an ISG Makers, in connection with such ETP member and the Exchange does not have in place a comprehensive surveillance sharing agreement 27 15 U.S.C. 78f(b). 25 See NYSE Arca Equities Rule 7.12. with such market. 28 15 U.S.C. 78f(b)(5).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62620 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

arguments concerning the foregoing, requirements of the Act and the rules information on silver prices and markets including whether the proposed rule and regulations thereunder applicable to is widely available as discussed above. change is consistent with the Act. a national securities exchange.29 In The Commission further believes that Comments may be submitted by any of particular, the Commission finds that the proposal to list and trade the Units the following methods: the proposed rule change is consistent is reasonably designed to promote fair with the requirements of Section 6(b)(5) Electronic Comments disclosure of information that may be of the Act,30 which requires, among necessary to price the Units • Use the Commission’s Internet other things, that the Exchange’s rules appropriately and to prevent trading comment form (http://www.sec.gov/ be designed to promote just and when a reasonable degree of rules/sro.shtml); or equitable principles of trade, to foster • transparency cannot be assured. Under Send an e-mail to rule- cooperation and coordination with NYSE Arca Equities Rule 7.34(a)(5), if [email protected]. Please include File persons engaged in regulating, clearing, the Exchange becomes aware that the Number SR–NYSEArca–2010–84 on the settling, processing information with NAV is not being disseminated to all subject line. respect to, and facilitating transactions market participants at the same time, it Paper Comments in securities, to remove impediments to must halt trading on the NYSE and perfect the mechanism of a free and • Send paper comments in triplicate Marketplace until such time as the NAV open market, a national market system, is available to all market participants. to Elizabeth M. Murphy, Secretary, and in general, to protect investors and Securities and Exchange Commission, The Commission notes that the the public interest. Exchange will receive a representation 100 F Street, NE., Washington, DC In addition, the Commission finds 20549–1090. from the Trust that, prior to listing, the that the proposal to list and trade Units NAV would be calculated daily and All submissions should refer to File on the Exchange is consistent with made available to all market Number SR–NYSEArca–2010–84. This 31 Section 11(a)(1)(C)(iii) of the Act, participants at the same time. file number should be included on the which sets forth Congress’ finding that Additionally, if the IIV is not being subject line if e-mail is used. To help the it is in the public interest and disseminated as required, the Exchange Commission process and review your appropriate for the protection of may halt trading during the day in comments more efficiently, please use investors to assure the availability to which the disruption occurs; if the only one method. The Commission will brokers, dealers and investors of interruption persists past the day in post all comments on the Commission’s information with respect to quotations Internet Web site (http://www.sec.gov/ which it occurred, the Exchange will for and transactions in securities. halt trading no later than the beginning rules/sro.shtml). Copies of the Quotation and last-sale information for submission, all subsequent of the trading day following the the Units will be available via the interruption.33 Additionally, under amendments, all written statements 32 Consolidated Tape Association. The NYSE Arca Rules 8.201(e)(2)(iv) and (v), with respect to the proposed rule Trust’s Web site will provide an IIV per change that are filed with the the Exchange will consider suspending share for the Units, as calculated by a or delisting the Units if, after the initial Commission, and all written third party financial data provider communications relating to the 12-month period following during the Exchange’s Core Trading commencement of trading: (1) The value proposed rule change between the Session (9:30 a.m. to 4 p.m., New York Commission and any person, other than of silver is no longer calculated or time). The IIV will be calculated based available on at least a 15-second delayed those that may be withheld from the on a price of silver derived from basis from a source unaffiliated with the public in accordance with the updated bids and offers indicative of the Sponsor, Trust, custodian or the provisions of 5 U.S.C. 552, will be spot price of silver. In addition, the Web Exchange stops providing a hyperlink available for Web site viewing and site for the Trust will contain the on its Web site to any such unaffiliated printing in the Commission’s Public following information, on a per Unit commodity value; or (2) if the IIV is no Reference Room, 100 F Street, NE., basis, for the Trust: (a) The mid-point of longer made available on at least a 15- Washington, DC 20549, on official the Bid/Ask Price and a calculation of second delayed basis. With respect to business days between the hours of 10 the premium or discount of such price trading halts, the Exchange may a.m. and 3 p.m. Copies of such filing against such NAV; and (b) data in chart consider all relevant factors in also will be available for inspection and format displaying the frequency copying at the NYSE’s principal office distribution of discounts and premiums exercising its discretion to halt or and on its Internet Web site at http:// of the Bid/Ask Price against the NAV, suspend trading in the Units. These may www.nyse.com. All comments received within appropriate ranges, for each of include: (1) The extent to which will be posted without change; the the four previous calendar quarters. The conditions in the underlying silver Commission does not edit personal Web site for the Trust also will provide market have caused disruptions and/or identifying information from the Trust’s prospectus, as well as the lack of trading; (2) whether other submissions. You should submit only two most recent reports to stockholders. unusual conditions or circumstances information that you wish to make Further, the Exchange will make detrimental to the maintenance of a fair publicly available. All submissions available over the Consolidated Tape and orderly market are present; or (3) if should refer to File Number SR– quotation information, trading volume, the Toronto Stock Exchange halts NYSEArca–2010–84 and should be closing prices and NAV for the Units trading in the Units. In addition, trading submitted on or before November 2, from the previous day. Finally, in Units will be subject to trading halts 2010. caused by extraordinary market 29 In approving the proposed rule change, the volatility pursuant to the Exchange’s V. Commission’s Findings and Order Commission notes that it has considered the ‘‘circuit breaker’’ rule.34 Granting Accelerated Approval of the proposed rule’s impact on efficiency, competition, Proposed Rule Change and capital formation. See 15 U.S.C. 78c(f). 33 See e-mail, dated September 29, 2010, from 30 15 U.S.C. 78f(b)(5). Tim Malinowski, Senior Director, NYSE Euronext, After careful consideration, the 31 15 U.S.C. 78k–1(a)(1)(C)(iii). to Christopher Chow, Special Counsel, Commission finds that the proposed 32 The Trust Web site also will provide the last- Commission. rule change is consistent with the sale price of the Units as traded in the US market. 34 See NYSE Arca Equities Rule 7.12.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62621

In addition, NYSE Arca Equities Rule of the special characteristics and risks SECURITIES AND EXCHANGE 8.201 sets forth certain requirements for associated with trading the Units. COMMISSION ETP Holders acting as Market Makers in Specifically, the Information Bulletin the Units. Pursuant to NYSE Arca will discuss the following: (1) The [Release No. 34–63036; File No. SR–Phlx– Equities Rule 8.201(g), the Exchange is procedures for purchases and 2010–131] able to obtain information regarding redemptions of Units; (2) NYSE Arca trading in the Units and the underlying Equities Rule 9.2(a), which imposes a Self-Regulatory Organizations; silver, silver futures contracts, options duty of due diligence on its ETP Holders NASDAQ OMX PHLX, Inc.; Notice of on silver futures, or any other silver to learn the essential facts relating to Filing and Immediate Effectiveness of derivative, through ETP Holders acting every customer prior to trading the Proposed Rule Change To Update Rule as registered Market Makers, in Units; (3) how information regarding the 1014 connection with such ETP Holders’ IIV is disseminated; (4) the requirement proprietary or customer trades through October 4, 2010. ETP Holders which they effect on any that ETP Holders deliver a prospectus to relevant market. In addition, the investors purchasing newly issued Units Pursuant to Section 19(b)(1) of the Exchange may obtain trading prior to or concurrently with the Securities Exchange Act of 1934 information via the Intermarket confirmation of a transaction; (5) the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Surveillance Group (‘‘ISG’’) from other possibility that trading spreads and the notice is hereby given that on exchanges who are members of the resulting premium or discount on the September 27, 2010, NASDAQ OMX ISG.35 Units may widen as a result of reduced PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed Finally, the Commission notes that liquidity of silver trading during the with the Securities and Exchange Commentary .04 to NYSE Arca Equities Core and Late Trading Sessions after the Commission (‘‘SEC’’ or ‘‘Commission’’) Rule 6.3 requires among other things close of the major world silver markets; the proposed rule change as described that ETP Holders acting as a registered and (6) trading information. in Items I, II, and III below, which Items Market Maker in products listed under This approval order is based on the have been prepared by the Exchange. NYSE Arca Equities Rule 8.201 (and Exchange’s representations. The Commission is publishing this their affiliates) must establish, maintain notice to solicit comments on the The Commission finds good cause, and enforce written policies and proposed rule change from interested pursuant to Section 19(b)(2) of the procedures reasonably designed to persons. prevent the misuse of any material Act,36 for approving the proposed rule nonpublic information with respect to change prior to the 30th day after I. Self-Regulatory Organization’s such products, any physical asset or publication of notice in the Federal Statement of the Terms of Substance of commodity underlying the product, Register. The Exchange’s proposal to list the Proposed Rule Change related futures or options on futures, and trade the Units does not present any and any related derivative instruments. novel or significant regulatory issues. The Exchange proposes to revise Rule In support of this proposal, the Previously, the Commission approved a 1014, Obligations and Restrictions Exchange has made representations proposal by the Exchange to list and Applicable to Specialists and Registered including: trade shares of a substantially similar Options Traders, to delete provisions (1) The Units will be subject to the trust that holds gold bullion pursuant to related to: (i) The obsolete terms initial and continued listing criteria NYSE Arca Equities Rule 8.201.37 AUTOM, Streaming Quote Option, under NYSE Arca Equities Rule 8.201. Additionally, the Commission has electronic interface, AUTO–X, Book (2) The Exchange’s surveillance previously approved proposals to list Sweep and Book Match; (ii) ‘‘trading on procedures are adequate to properly and trade shares of trusts that hold Phlx XL’’; (iii) the use of trading floor monitor Exchange trading of the Units silver bullion pursuant to NYSE Arca tickets; and (iii) [sic] subparagraphs in all trading sessions and to deter and Equities Rule 8.201.38 (g)(iii) and (iv), the New Unit/New detect violations of Exchange rules and Option Enhanced Specialist applicable federal securities laws. VI. Conclusion Participation and New Product Pursuant to NYSE Arca Equities Rule Enhanced Specialist Participation, 8.201(g), the Exchange is able to obtain It is therefore ordered, pursuant to respectively. The Exchange also information regarding trading in the Section 19(b)(2) of the Act,39 that the proposes to make corollary changes to Units and the underlying silver, silver proposed rule change (SR–NYSEArca– futures contracts, options on silver 2010–84) be, and it hereby is, approved Floor Procedure Advice B–6, Priority of futures, or any other silver derivative on an accelerated basis. Options Orders for Equity Options, Index Options and U.S. Dollar-Settled through ETP Holders acting as For the Commission, by the Division of registered Market Makers, in connection Foreign Currency Options by Account Trading and Markets, pursuant to Type, as explained further below. with such ETP Holders’ proprietary or delegated authority.40 customer trades which they effect on The text of the proposed rule change any relevant market. In addition, the Florence E. Harmon, is available on the Exchange’s Web site Exchange may obtain trading Deputy Secretary. at http://www.nasdaqtrader.com/ information via ISG from other [FR Doc. 2010–25496 Filed 10–8–10; 8:45 am] micro.aspx?id=PHLXfilings, at the exchanges who are members of the ISG BILLING CODE 8011–01–P principal office of the Exchange, at the and from the Investment Industry Commission’s Public Reference Room, Regulatory Organization of Canada. 36 and on the Commission’s Web site at (3) Prior to the commencement of 15 U.S.C. 78s(b)(2). 37 See Securities Exchange Act Release No. 61496, http://www.sec.gov. trading, the Exchange will inform its supra note 10. ETP Holders in an Information Bulletin 38 See supra notes 6, 7, and 8. See also supra notes 9–12. 35 See supra note 26 for additional information 39 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). regarding ISG. 40 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62622 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

II. Self-Regulatory Organization’s 1014(g)(v)(ii). Accordingly, references to At any time within 60 days of the Statement of the Purpose of, and these now-deleted sub-paragraphs filing of the proposed rule change, the Statutory Basis for, the Proposed Rule (g)(iii) and (g)(iv) are also being deleted Commission summarily may Change in several places in Rule 1014. In temporarily suspend such rule change if In its filing with the Commission, the addition, in Rule 1014(g)(ii), it appears to the Commission that such Exchange included statements subparagraph (A) is proposed to be action is necessary or appropriate in the concerning the purpose of, and basis for, deleted, because it covers how it is public interest, for the protection of the proposed rule change and discussed determined what options are subject to investors, or otherwise in furtherance of any comments it received on the the enhanced specialist participation, the purposes of the Act. If the proposed rule change. The text of these which is no longer relevant. The same Commission takes such action, the statements may be examined at the changes are proposed to Advice B–6, Commission shall institute proceedings places specified in Item IV below. The Sections (C), (D) and (E). to determine whether the proposed rule should be approved or disapproved. Exchange has prepared summaries, set 2. Statutory Basis forth in Sections A, B, and C below, of IV. Solicitation of Comments The Exchange believes that its the most significant aspects of such proposal is consistent with Section 6(b) Interested persons are invited to statements. of the Act 5 in general, and furthers the submit written data, views and A. Self-Regulatory Organization’s objectives of Section 6(b)(5) of the Act 6 arguments concerning the foregoing, Statement of the Purpose of, and in particular, in that it is designed to including whether the proposed rule Statutory Basis for, the Proposed Rule promote just and equitable principles of change is consistent with the Act. Change trade, to remove impediments to and Comments may be submitted by any of the following methods: 1. Purpose perfect the mechanism of a free and open market and a national market Electronic Comments The purpose of the proposed rule system, and, in general to protect • change is to clarify various provisions in investors and the public interest, by Use the Commission’s Internet Rule 1014. Specifically, certain terms updating an Exchange rule. comment form (http://www.sec.gov/ are obsolete, given the Exchange’s rules/sro.shtml); or • current use of the Phlx XL II System; B. Self-Regulatory Organization’s Send an e-mail to rule- these include: Streaming Quote Options, Statement on Burden on Competition [email protected]. Please include File electronic interface, AUTO–X, Book The Exchange does not believe that Number SR–Phlx–2010–131 on the Sweep and Book Match. Once the the proposed rule change will impose subject line. Exchange began enhancing its electronic any burden on competition not Paper Comments trading systems, these provisions necessary or appropriate in furtherance • Send paper comments in triplicate became outdated. For the same reason, of the purposes of the Act. to Elizabeth M. Murphy, Secretary, references to ‘‘trading on Phlx XL’’ are Securities and Exchange Commission, both incorrect and unnecessary; all C. Self-Regulatory Organization’s 100 F Street NE., Washington, DC trading occurs through Phlx XL II.3 The Statement on Comments on the 20549–1090. same changes are proposed to Advice Proposed Rule Change Received From B–6 as well, which is part of the Members, Participants or Others All submissions should refer to File Exchange’s minor rule plan.4 No written comments were either Number SR–Phlx–2010–131. This file The reference to trading floor tickets solicited or received. number should be included on the in Rule 1014(g)(i)(A)(1) and Advice B– subject line if e-mail is used. To help the III. Date of Effectiveness of the 6, Section B is being deleted, because Commission process and review your Proposed Rule Change and Timing for Floor Brokers have long been required comments more efficiently, please use Commission Action to record certain information into the only one method. The Commission will Floor Broker Management System Because the foregoing proposed rule post all comments on the Commission’s (‘‘FBMS’’), pursuant to Rule 1063. change does not: (1) Significantly affect Internet Web site (http://www.sec.gov/ In addition, the Exchange proposes to the protection of investors or the public rules/sro/shtml). Copies of the delete subparagraphs (g)(iii), New Unit/ interest; (2) impose any significant submission, all subsequent New Option Enhanced Specialist burden on competition; and (3) become amendments, all written statements Participation, and (g)(iv), New Product operative for 30 days after the date of with respect to the proposed rule Enhanced Specialist Participation, the filing, or such shorter time as the change that are filed with the because these are no longer applied. All Commission may designate, if Commission, and all written options are subject to the Specialist consistent with the protection of communications relating to the Enhanced Participation in Rule investors and the public interest, the proposed rule change between the 1014(g)(ii), which then applies to proposed rule change has become Commission and any person, other than manual trades on the trading floor by effective pursuant to Section 19(b)(3)(A) those that may be withheld from the virtue of Rule 1014(g)(v) and to of the Act 7 and Rule 19b–4(f)(6) public in accordance with the automatically executed trades through thereunder.8 provisions of 5 U.S.C. 552, will be Phlx XL II by virtue of Rule available for Web site viewing and 5 15 U.S.C. 78f(b). printing in the Commission’s Public 3 The Exchange intends to separately update the 6 15 U.S.C. 78f(b)(5). Reference Room, 100 F Street, NE., use of the terms ‘‘Phlx XL’’ and ‘‘Phlx XL II’’ in 7 15 U.S.C. 78s(b)(3)(A). Washington, DC 20549, on official various other rules in a separate proposed rule 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– business days between the hours of 10 change. 4(f)(6)(iii) requires the self-regulatory organization a.m. and 3 p.m. Copies of such filing 4 The Exchange’s minor rule plan consists of to give the Commission written notice of its intent options floor procedure advices (‘‘OFPAs’’ or to file the proposed rule change, along with a brief also will be available for inspection and ‘‘Advices’’) with preset fines, pursuant to Rule 19d– description and text of the proposed rule change, 1(c) under the Act. 17 CFR 240.19d–1(c). Most at least five business days prior to the date of filing as designated by the Commission. Phlx has satisfied OFPAs have corresponding options rules. of the proposed rule change, or such shorter time this requirement.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62623

copying at the principal office of the SUPPLEMENTARY INFORMATION: the Social Security Act (Act) to qualified Exchange. All comments received will aged, blind, and disabled persons, and A. General be posted without change; the Federally administered supplementary Commission does not edit personal The Computer Matching and Privacy payments of the type described in identifying information from Protection Act of 1988 (Pub. L. 100– section 1616(a) of such Act (including submissions. You should submit only 503), amended the Privacy Act (5 U.S.C. payments pursuant to an agreement information that you wish to make 552a) by describing the conditions entered into under section 212(a) of available publicly. All submissions under which computer matching Pub. L. 93–66, 87 Stat. 152). should refer to File No. SR–Phlx–2010– involving the Federal Government could 131 and should be submitted on or be performed and adding certain C. AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM: before November 2, 2010. protections for persons applying for, Public Law 98–369, Deficit Reduction For the Commission, by the Division of and receiving, Federal benefits. Section Trading and Markets, pursuant to delegated 7201 of the Omnibus Budget Act of 1984, requires agencies authority.9 Reconciliation Act of 1990 (Pub. L. 101– administering certain Federally-assisted Florence E. Harmon, 508) further amended the Privacy Act benefit programs to use certain information to ensure proper Deputy Secretary. regarding protections for such persons. distribution of benefit payments. [FR Doc. 2010–25495 Filed 10–8–10; 8:45 am] The Privacy Act, as amended, regulates the use of computer matching Section 6103(l)(7) of the Internal BILLING CODE 8011–01–P by Federal agencies when records in a Revenue Code (I.R.C.) (26 U.S.C. system of records are matched with 6103(l)(7)) authorizes IRS to disclose other Federal, State, or local government return information with respect to SOCIAL SECURITY ADMINISTRATION records. It requires Federal agencies unearned income to Federal, State, and [Docket No. SSA 2010–0015] involved in computer matching local agencies administering certain programs to: Federally-assisted benefit programs Privacy Act of 1974, as Amended; (1) Negotiate written agreements with under the Act and the Food Stamp Act Computer Matching Program (SSA/ the other agency or agencies of 1977. Internal Revenue Service (IRS))— participating in the matching programs; Section 1631(e)(1)(B) of the Act (42 Match Number 1016 (2) Obtain the approval of the U.S.C. 1383(e)(1)(B)) requires verification of Supplemental Security AGENCY: Social Security Administration matching agreement by the Data (SSA). Integrity Boards (DIB) of the Income (SSI) eligibility and benefit amounts with independent or collateral ACTION: participating Federal agencies; Notice of a renewal of an sources. This section of the Act also existing computer matching program (3) Publish notice of the computer matching program in the Federal provides that the ‘‘Commissioner of that is scheduled to expire on December Social Security shall, as may be 31, 2010. Register; (4) Furnish detailed reports about necessary, request and utilize SUMMARY: In accordance with the matching programs to Congress and information available pursuant to provisions of the Privacy Act, as OMB; section 6103(l)(7) of the Internal amended, this notice announces a (5) Notify applicants and beneficiaries Revenue Code of 1986’’ for purposes of renewal of an existing computer that their records are subject to Federally administered supplementary matching program that we are currently matching; and payments of the type described in conducting with IRS. (6) Verify match findings before section 1616(a) of the Act (including DATES: IRS will file a report of the reducing, suspending, terminating, or payments pursuant to an agreement subject matching program with the denying a person’s benefits or entered into under section 212(a) of Committee on Homeland Security and payments. Pub. L. 93–66). Governmental Affairs of the Senate; the B. SSA Computer Matches Subject to D. CATEGORIES OF RECORDS AND PERSONS Committee on Oversight and the Privacy Act COVERED BY THE MATCHING PROGRAM: Government Reform of the House of We will provide IRS with identifying Representatives, and the Office of We have taken action to ensure that all of our computer matching programs information with respect to applicants Information and Regulatory Affairs, for and recipients of title XVI benefits Office of Management and Budget comply with the requirements of the Privacy Act, as amended. available under programs specified in (OMB). The matching program will be this Agreement from the Supplemental effective as indicated below. Jonathan R. Cantor, Security Income Record and Special ADDRESSES: Interested parties may Executive Director, Office of Privacy and Veterans Benefit (SSR), SSA/OASSIS comment on this notice by either Disclosure, Office of the General Counsel. 60–0103, as published at 71 FR 1795 telefaxing to (410) 966-0869 or writing Notice of Computer Matching Program, (January 11, 2006). IRS will extract to the Executive Director, Office of return information with respect to Privacy and Disclosure, Office of the SSA With the Internal Revenue Service (IRS) unearned income from the Information General Counsel, 617 Altmeyer Return Master File (IRMF), Treas/IRS Building, 6401 Security Boulevard, A. PARTICIPATING AGENCIES: 22.061, as published at 73 FR 42159 Baltimore, MD 21235–6401. All SSA and IRS. (July 25, 2006), through the Disclosure comments received will be available for of Information to Federal, State and public inspection at this address. B. PURPOSE OF THE MATCHING PROGRAM: Local Agencies (DIFSLA) program. FOR FURTHER INFORMATION CONTACT: The The purpose of this matching program Executive Director, Office of Privacy is to establish the terms under which E. INCLUSIVE DATES OF THE MATCHING PROGRAM: and Disclosure, Office of the General IRS will disclose to us certain return The matching program will become Counsel as shown above. information for use in verifying effective no sooner than 40 days after eligibility for, and/or the correct amount notice of the matching program is sent 9 17 CFR 200.30–3(a)(12). of, benefits provided under Title XVI of to Congress and OMB, or 30 days after

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62624 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

publication of this notice in the Federal Measures on Stainless Steel from recommendations and rulings in this Register, whichever date is later. The Mexico to a panel. The request may be regard by the end of the reasonable matching program will continue for 18 found at http://www.wto.org in period of time (‘‘RPT’’) or thereafter. months from the effective date and may document WT/DS344/20. USTR invites Mexico alleges that the United States be extended for an additional 12 months written comments from the public continues to act inconsistently with thereafter, if certain conditions are met. concerning the issues raised in this Articles 17.14, 21.1, and 21.3 of the [FR Doc. 2010–25526 Filed 10–8–10; 8:45 am] dispute. DSU, Articles 2.1, 2.4, and 9.3 of the BILLING CODE 4191–02–P DATES: Although USTR will accept any Antidumping Agreement, and Article comments received during the course of VI:2 of the GATT 1994. the dispute settlement proceedings, In addition, Mexico states that the DEPARTMENT OF STATE comments should be submitted on or DSB made recommendations and rulings that the United States acted [Public Notice 7201] before November 12, 2010, to be assured of timely consideration by USTR. inconsistently with Article VI:2 of the GATT 1994 and Article 9.3 of the Waiver Pursuant to Section 7076(d)(2) ADDRESSES: Comments should be Antidumping Agreement by applying of the Department of State, Foreign submitted electronically to simple zeroing in five administrative Operations, and Related Programs www.regulations.gov, docket number reviews at issue in the dispute Appropriations Act, 2010 (Div. F, P.L. USTR–2010–0025. If you are unable to (identified as cases 1 through 5 in the 111–117) Relating to Assistance for the provide submissions by http:// Annex to Mexico’s request). Mexico www.regulations.gov, please contact Government of Afghanistan alleges that the margins of dumping Sandy McKinzy at (202) 395–9483 to calculated in these five administrative Pursuant to the authority vested in me arrange for an alternative method of reviews continue to have legal effects as Secretary of State, including under transmission. If (as explained below), after the end of the RPT and have been section 7076(d)(2) of the Department of the comment contains confidential relied upon by the U.S. Department of State, Foreign Operations, and Related information, then the comment should Programs Appropriations Act, 2010 Commerce (‘‘USDOC’’) in several be submitted by fax only to Sandy subsequent closely connected measures, (Div. F, P.L. 111–117) (‘‘the Act’’), I McKinzy at (202) 395–3640. hereby waive the requirement in section including in the 2005 and 2010 ‘‘sunset’’ FOR FURTHER INFORMATION CONTACT: 7076(d)(2) of the Act to certify that the reviews and in revocation decisions Marı´a L. Paga´n, Associate General Government of Afghanistan is made in the context of subsequent Counsel, Office of the United States cooperating fully with United States antidumping administrative reviews, Trade Representative, 600 17th Street, efforts against the Taliban and Al Qaeda including the 7th and 9th administrative NW., Washington, DC 20508, (202) 395– and to reduce poppy cultivation and reviews. Mexico alleges that the United 7305. illicit drug trafficking and report that it States has failed to adopt any measures is vital to the national security interests SUPPLEMENTARY INFORMATION: USTR is by the end of the RPT or thereafter to of the United States to do so. providing notice that the Dispute implement the DSB’s recommendations This waiver shall be reported to the Settlement Body (‘‘DSB’’) has, at the and rulings regarding the use of simple Congress promptly and published in the request of Mexico, referred a matter to zeroing in administrative reviews 1 Federal Register. a dispute settlement panel pursuant to through 5, and therefore is acting the WTO Understanding on Rules and inconsistently with Articles 17.14, 21.1, Dated: September 28, 2010. Procedures Governing the Settlement of and 21.3 of the DSU, Articles 2.1, 2.4, Hillary Rodham Clinton, Disputes (‘‘DSU’’). The panel will hold and 9.3 of the Antidumping Agreement, Secretary of State. any meetings with the parties to the and Article VI:2 of the GATT 1994. [FR Doc. 2010–25609 Filed 10–8–10; 8:45 am] dispute in Geneva, Switzerland. Furthermore, Mexico alleges that the BILLING CODE 4710–17–P United States has failed to take action to Major Issues Raised by Mexico bring certain ‘‘closely connected In its request for the establishment of measures’’ into compliance with U.S. OFFICE OF THE UNITED STATES a panel, Mexico alleges that the United WTO obligations and, that by TRADE REPRESENTATIVE States has not fully implemented the continuing to use simple zeroing in recommendations and rulings of the subsequent ‘‘closely connected [Docket No. USTR–2010–0025] DSB in the dispute United States—Final measures,’’ has imposed, assessed, and/ Antidumping Measures on Stainless WTO Dispute Settlement Proceeding or collected antidumping duties in Steel from Mexico. The excess of the proper margin of dumping. Regarding United States—Final recommendations and rulings stem from Mexico alleges that the United States is Antidumping Measures on Stainless the DSB’s adoption of the panel and therefore imposing duties on the Steel from Mexico Appellate Body reports in that dispute, importation of Mexican goods in excess AGENCY: Office of the United States which can be found at http:// of the duties permitted under the U.S. Trade Representative. www.wto.org in documents WT/DS344/ Schedule of Concessions and otherwise ACTION: Notice; request for comments. R and WT/DS344/AB/R, respectively. nullifies or impairs benefits accruing to Mexico states that the DSB made Mexico under the covered agreements. SUMMARY: The Office of the United recommendations and rulings that the Mexico alleges that as a result the States Trade Representative (‘‘USTR’’) is use of simple zeroing in administrative United States is acting inconsistently providing notice that pursuant to a reviews is ‘‘as such’’ inconsistent with with Articles 17.14, 21.1, and 21.3 of the request by Mexico under the Marrakesh Article VI:2 of the GATT 1994 and DSU, Articles 2.1, 2.4, 9.3, 11.2, and Agreement Establishing the World Trade Article 9.3 of the Antidumping 11.3 of the Antidumping Agreement, Organization (‘‘WTO Agreement’’), the Agreement. Mexico alleges that the and Article VI:2 of the GATT 1994. The Dispute Settlement Body of the World United States has taken no steps to alleged ‘‘closely connected measures’’ Trade Organization (‘‘WTO’’) has eliminate simple zeroing in are: referred a matter concerning the dispute administrative reviews, thereby failing (i) The six subsequent administrative United States—Final Antidumping to implement the DSB’s reviews of the same antidumping duty

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62625

order on stainless steel sheet and strip documents associated with this docket. placed in the docket and open to public in coils from Mexico (identified as cases Find a reference to this notice by inspection. 6 through 11 in the Annex to Mexico’s selecting ‘‘Notice’’ under ‘‘Document USTR will maintain a docket on this request), and any subsequent Type’’ on the left side of the search dispute settlement proceeding amendments to the same, in which results page, and click on the link accessible to the public. The public file margins of dumping for cash deposit entitled ‘‘Submit a Comment.’’ (For will include non-confidential comments purposes and assessment amounts are further information on using the received by USTR from the public with calculated using simple zeroing; http://www.regulations.gov Web site, respect to the dispute. If a dispute (ii) The 2005 and 2010 five-year please consult the resources provided settlement panel is convened or in the ‘‘sunset’’ reviews of the antidumping on the Web site by clicking on the event of an appeal from such a panel, order on stainless steel sheet and strip ‘‘Help’’ link at the top of the home page.) the U.S. submissions, any non- in coils from Mexico (identified as cases The http://www.regulations.gov Web confidential submissions, or non- 12 and 13 in the Annex to Mexico’s site provides the option of providing confidential summaries of submissions, request), and any subsequent comments by filling in a ‘‘Type received from other participants in the amendments to the same, in which the Comment and Upload File’’ field, or by dispute, will be made available to the USDOC relied upon margins of attaching a document. It is expected that public on USTR’s Web site at http:// dumping calculated using simple most comments will be provided in an www.ustr.gov, and the report of the zeroing; attached document. If a document is panel, and, if applicable, the report of (iii) All other subsequent closely attached, it is necessary and sufficient to the Appellate Body, will be available on connected measures taken by the United type ‘‘See attached’’ in the ‘‘Type the Web site of the World Trade States in relation to the antidumping Comment and Upload File’’ field. Organization, http://www.wto.org. order on stainless steel sheet and strip A person requesting that information Comments will be placed in the in coils from Mexico in which USDOC contained in a comment submitted by docket and open to public inspection calculated, or relied upon, margins of that person be treated as business pursuant to 15 CFR 2006.13, except dumping calculated using simple confidential information must certify confidential business information zeroing or model zeroing, including the that such information is business exempt from public inspection in negative ‘‘absence of dumping’’ confidential and would not customarily accordance with 15 CFR 2006.15 or revocation determinations pursuant be released to the public by the information determined by USTR to be made in the 7th and 9th administrative submitter. Business confidential confidential in accordance with 19 reviews (identified as cases 7 and 9 in information must be clearly designated U.S.C. 2155(g)(2). Comments open to the Annex to Mexico’s request), and any as such and the submission must be public inspection may be viewed on the subsequent amendments to the same; marked ‘‘BUSINESS CONFIDENTIAL’’ at http://www.regulations.gov Web site. and the top and bottom of the cover page Steven F. Fabry, (iv) Any other determinations and and each succeeding page. Any measures that derive mechanically from comment containing business Assistant United States Trade Representative for Monitoring and Enforcement. the measures described in paragraphs (i) confidential information must be to (iii) that bear a close nexus to the submitted by fax to Sandy McKinzy at [FR Doc. 2010–25638 Filed 10–8–10; 8:45 am] referenced five originally challenged (202) 395–3640. A non-confidential BILLING CODE 3190–W1–P administrative reviews including any summary of the confidential instructions and notices issued pursuant information must be submitted to thereto, and any subsequent http://www.regulations.gov. The non- DEPARTMENT OF TRANSPORTATION amendments to the same. confidential summary will be placed in Finally, Mexico alleges that U.S. National Highway Traffic Safety the docket and open to public measures taken to comply, if and to the Administration inspection. extent they exist, are inconsistent with Information or advice contained in a [Docket No. NHTSA–2010–0126] Articles 2.1, 2.4, 9.3, 11.2, and 11.3 of comment submitted, other than business the Antidumping Agreement and confidential information, may be Reports, Forms and Record Keeping Articles II:1(a), II:1(b), VI:1, and VI:2 of determined by USTR to be confidential Requirements the GATT 1994. in accordance with section 135(g)(2) of AGENCY: National Highway Traffic Public Comment: Requirements for the Trade Act of 1974 (19 U.S.C. Safety Administration (NHTSA), DOT. Submissions 2155(g)(2)). If the submitter believes that ACTION: Notice of proposed extension, information or advice may qualify as Interested persons are invited to without change, of a currently approved such, the submitter— submit written comments concerning collection of information. the issues raised in this dispute. Persons (1) Must clearly so designate the may submit public comments information or advice; SUMMARY: Before a Federal agency can electronically to http:// (2) Must clearly mark the material as collect certain information from the www.regulations.gov docket number ‘‘SUBMITTED IN CONFIDENCE’’ at the public, the agency must receive USTR–2010–0025. If you are unable to top and bottom of the cover page and approval from the Office of Management submit comments using http:// each succeeding page; and and Budget (OMB). Under procedures www.regulations.gov, please contact (3) Must provide a non-confidential established by the Paperwork Reduction Sandy McKinzy at (202) 395–9483 to summary of the information or advice. Act of 1995 (44 U.S.C. 3501 et seq.), arrange for an alternative method of Any comment containing confidential before seeking OMB approval, Federal transmission. information must be submitted by fax to agencies must solicit public comment To submit comments via http:// Sandy McKinzy at (202) 395–3640. A on proposed collections of information, www.regulations.gov, enter docket non-confidential summary of the including extensions and reinstatements number USTR–2010–0025 on the home confidential information must be of previously approved collections. In page and click ‘‘search.’’ The site will submitted to www.regulations.gov. The compliance with the Paperwork provide a search-results page listing all non-confidential summary will be Reduction Act of 1995, this notice

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62626 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

describes one collection of information 5 CFR 1320.8(d)), an agency must ask legal standards and, where appropriate, for which NHTSA intends to seek OMB for public comment on the following: accorded confidential treatment. To approval, relating to confidential (i) Whether the proposed collection of facilitate the evaluation process, in their business information. information is necessary for the proper requests for confidential treatment, DATES: Comments must be submitted on performance of the functions of the submitters of information may make or before December 13, 2010. agency, including whether the reference to certain limited classes of ADDRESSES: You may submit comments information will have practical utility; information that are presumptively to the docket number identified in the (ii) the accuracy of the agency’s treated as confidential, such as heading of this document by any of the estimate of the burden of the proposed blueprints and engineering drawings, following methods: collection of information, including the future specific model plans (under • Federal eRulemaking Portal: Go to validity of the methodology and limited conditions), and future vehicle http://www.regulations.gov. Follow the assumptions used; production or sales figures for specific online instructions for submitting (iii) how to enhance the quality, models (under limited conditions). comments. utility, and clarity of the information to Further, most early warning reporting • Mail: Docket Management Facility, be collected; and (EWR) data are confidential under class M–30, U.S. Department of (iv) how to minimize the burden of determinations provided in 49 CFR Part Transportation, West Building, Ground the collection of information on those 512, with the exception of information Floor, Rm. W12–140, 1200 New Jersey who are to respond, including the use on death, injury, and property damage Avenue, SE., Washington, DC 20590. of appropriate automated, electronic, claims and notices, which would be • Hand Delivery or Courier: West mechanical, or other technological handled on an individual basis Building Ground Floor, Room W12–140, collection techniques or other forms of according to the procedures of Part 512 1200 New Jersey Avenue, SE., between information technology, e.g., permitting and are, therefore, covered by this 9 am and 5 pm Eastern Time, Monday electronic submission of responses. notice. 72 FR 59434 (Oct. 19, 2007). through Friday, except Federal holidays. In compliance with these Description of the Need for the • Fax: (202) 493–2251. requirements, NHTSA asks for public Information and Use of the Regardless of how you submit your comment on the following extension of Information—NHTSA receives comments, please be sure to mention clearance for a currently approved confidential information for use in its the docket number of this document and collection of information: activities, which include investigations, rulemaking actions, program planning cite OMB Clearance No. 2127–0025, ‘‘49 Confidential Business Information CFR Part 512, Confidential Business and management, and program Information.’’ Type of Request—Extension of evaluation. The information is needed You may call the Docket at (202) 366– clearance. to ensure the agency has sufficient 9322. OMB Clearance Number—2127–0025. relevant information for decision- Note that all comments received will Form Number—This collection of making in connection with these be posted without change to http:// information uses no standard forms. activities. Some of this information is Requested Expiration Date of www.regulations.gov, including any submitted voluntarily, as in rulemaking, Approval—Three (3) years from the date personal information provided. Please and some is submitted in response to of approval of the collection. see the Privacy Act discussion below. compulsory information requests, as in Summary of the Collection of Privacy Act: Anyone is able to search investigations. Information—Persons who submit the electronic form of all comments Description of the Likely Respondents, information to the agency and seek to received into any of our dockets by the Including Estimated Number and have the agency withhold some or all of name of the individual submitting the Proposed Frequency of Response to the that information from disclosure under comment (or signing the comment, if Collection of Information—This the Freedom of Information Act submitted on behalf of an association, collection of information applies to (‘‘FOIA’’), 5 U.S.C. 552, must provide the business, labor union, etc.). You may entities that submit to the agency agency with sufficient support that review DOT’s complete Privacy Act information that the entities wish to justifies the confidential treatment of Statement in the Federal Register have withheld from disclosure under that information. In addition, a request published on April 11, 2000 (65 FR the FOIA. Thus, the collection of for confidential treatment must be 19477–78). information applies to entities that are accompanied by: (1) A complete copy of subject to laws administered by the FOR FURTHER INFORMATION CONTACT: For the submission; (2) a copy of the agency or agency regulations and are questions contact Nicholas Englund in submission containing only those under an obligation to provide the Office of the Chief Counsel at the portions for which confidentiality is not information to the agency. It also National Highway Traffic Safety sought with the confidential portions includes entities that voluntarily submit Administration, telephone (202) 366– redacted; and (3) either a second information to the agency. Such entities 5263. complete copy of the submission or would include manufacturers of motor SUPPLEMENTARY INFORMATION: Under the alternatively those portions of the vehicles and of motor vehicle Paperwork Reduction Act of 1995, submission that contain the information equipment. Importers are considered to before an agency submits a proposed for which confidentiality is sought. be manufacturers. It may also include collection of information to OMB for Furthermore, the requestor must submit other entities that are involved with approval, it must publish a document in a completed certification as provided in motor vehicles or motor vehicle the Federal Register providing a 60-day 49 CFR Part 512, Appendix A. See equipment but are not manufacturers. comment period and otherwise consult generally 49 CFR Part 512 (NHTSA Estimate of the Total Annual with members of the public and affected Confidential Business Information Reporting and Recordkeeping Burdens agencies concerning each proposed regulations). Resulting from the Collection of collection of information. The OMB has Part 512 ensures that information Information—3,600 hours. promulgated regulations describing submitted under a claim of The agency receives requests for what must be included in such a confidentiality is properly evaluated in confidential treatment that vary in size document. Under OMB’s regulations (at an efficient manner under prevailing from requests that ask the agency to

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62627

withhold as little as a portion of one effort completed by the Tucson Airport DEPARTMENT OF TRANSPORTATION page to multiple boxes of documents. Authority (TAA), the owner and NHTSA estimates that it will take on operator of the airport. This planning Federal Highway Administration average approximately eight (8) hours effort reveled the project purpose and for an entity to prepare a submission need has changed significantly. As a Environmental Impact Statement; requesting confidential treatment. This result, FAA has determined the new Davis County, UT estimate will vary based on the size of runway proposal at Tucson AGENCY: Federal Highway the submission, with smaller and International Airport is not ripe for Administration (FHWA), DOT. voluntary submissions taking decision at this time. ACTION: Notice of Intent. considerably less time to prepare. The FOR FURTHER INFORMATION CONTACT: agency based this estimate on the Roxana Hernandez, Environmental SUMMARY: FWHA is issuing this notice volume of requests received over the Protection Specialist, Federal Aviation to advise the public that an past three years. Administration, Western-Pacific Region, Environmental Impact Statement (EIS) NHTSA estimates that it will receive Los Angeles Airports District Office, will be prepared for proposed approximately 450 requests for P.O. Box 92007, Los Angeles, CA transportation improvements in Davis confidential treatment annually. This 90009–2007, Telephone: (310) 725– County, Utah. figure is based on the average number of 3614. FOR FURTHER INFORMATION CONTACT: requests received over the past three Edward Woolford, Environmental years. We selected this period because SUPPLEMENTARY INFORMATION: On Program Manager, Federal Highway it provides an estimate based on October 13, 2005, the FAA, published in Administration, 2520 West 4700 South, incoming requests for the most recent the Federal Register a Notice of Intent Suite 9A, Salt Lake City, Utah 84118, three years. The agency estimates that to prepare an Environmental Impact Telephone: (801) 955–3500, e-mail the total burden for this information Statement (EIS) and hold a Public [email protected]; or Charles collection will be approximately 3,600 Scoping Meeting at Tucson Mace, Project Manager, Utah hours, which is based on the number of International Airport (Volume 70, Department of Transportation, Region requests (450) multiplied by the Number 197, FR 59800–59801). The EIS One Office, 166 West Southwell Street, estimated number of hours to prepare and Public Scoping Meeting were to Ogden, UT 84404–4194, Telephone: each submission (8 hours). address the proposed relocation of (801) 620–1685, e-mail Since nothing in the rule requires Runway 11R/29L and associated [email protected]. those persons who request confidential development at airport. SUPPLEMENTARY INFORMATION: treatment pursuant to Part 512 to keep In 2005, the FAA based its decision to FWHA, in copies of any records or requests prepare the EIS on the procedures cooperation with the Utah Department submitted to us, recordkeeping costs described in FAA Order 5050.4A, of Transportation (UDOT), will prepare imposed would be zero hours and zero Airport Environmental Handbook, and an EIS on a proposal to address current costs. FAA Order 1050.1E, Environmental and projected traffic demand on 1800 Impacts: Policies and Procedures. FAA North (SR–37) in the cities of Clinton Authority: 44 U.S.C. 3506; delegation of and Sunset in Davis County, Utah. The authority at 49 CFR 1.50. also based its decision to prepare a federal EIS primarily on TAA’s proposal proposed project area extends from 2000 Issued on: October 4, 2010. to relocate Runway 11R/29L, 450 feet to West to I–15 along 1800 North, a O. Kevin Vincent, the southwest, creating a centerline to distance of approximately 2 miles. Chief Counsel. centerline separation of 1,156 feet Transportation improvements in this [FR Doc. 2010–25485 Filed 10–8–10; 8:45 am] between the existing Runway 11L29R. area are needed to address current and BILLING CODE 4910–59–P The length of the relocated Runway projected 2040 traffic demand along the 11R/29L would have been 11,000 feet existing two-lane 1800 North corridor, long by 150 feet wide. provide better east-west access, and DEPARTMENT OF TRANSPORTATION Recently, the TAA completed a improve safety. The FHWA will consider a reasonable Federal Aviation Administration planning effort that reveled that the project’s purpose and need changed range of alternatives that meet the significantly. Therefore, when the TAA project purpose and need and are based Notice of Cancellation of Preparation on agency and public input. These of Environmental Impact Statement for submits a new Airport Layout Plan with a revised project depicted on it, the FAA alternatives include: (1) Taking no the Tucson International Airport, action; (2) using alternate travel modes; Tucson, Pima County, AZ will determine the appropriate National Environmental Policy Act (NEPA) (3) upgrading and adding lanes to the AGENCY: Federal Aviation documentation necessary to assess the existing roadway network, including Administration, DOT. environmental effects of those 1800 North; (4) a grade separation at the ACTION: Notice of cancellation of improvements pursuant to FAA Order Union Pacific Railroad crossing on 1800 preparation of environmental impact 5050.4B, National Environmental Policy North; (5) a new interchange on I–15 at statement. Act (NEPA) Implementing Instructions 1800 North; (6) improving adjacent for Airport Actions, and FAA Order interchanges on I–15; (7) combinations SUMMARY: The Federal Aviation 1050.1E, Environmental Impacts: of any of the above; and (8) other Administration (FAA) announces that it Policies and Procedures. feasible alternatives identified during has decided to discontinue preparation the scoping process. of an Environmental Impact Statement Issued in Hawthorne, California on A Coordination Plan is being prepared (EIS) for the proposed relocation of September 30, 2010. to define the agency and public Runway 11R/29L and associated Debbie Roth, participation procedure for the development at Tucson International Acting Manager, Airports Division, Western— environmental review process. The plan Airport. The FAA’s decision to Pacific Region, AWP–600. will outline how agencies and the discontinue preparation of the EIS is [FR Doc. 2010–25483 Filed 10–8–10; 8:45 am] public will provide input during the based upon the results from a planning BILLING CODE 4910–13–P scoping process, the development of the

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62628 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

purpose and need, and alternatives South Carolina Railroad Museum, Inc. • Mail: Docket Operations Facility, development. [Waiver Petition Docket Number FRA–2010– U.S. Department of Transportation, 1200 Letters describing the proposed action 0095] New Jersey Avenue, SE., W12–140, and soliciting comments will be sent to Washington, DC 20590. The South Carolina Railroad Museum • Hand Delivery: 1200 New Jersey appropriate Federal, state, and local (SCRM) is a non-profit (501)(c)(3) Avenue, SE., Room W12–140, agencies, as well as to Native American railroad museum located near Washington, DC 20590, between 9 a.m. tribes, and to private organizations and Winnsboro, South Carolina, which and 5 p.m., Monday through Friday, citizens who have previously expressed, operates excursion passenger trains except Federal holidays. or who are known to have, an interest primarily on certain weekends and on Communications received within 45 in this proposal. These letters will invite special charters as part of its museum days of the date of this notice will be agencies, tribes, and the public to activity. SCRM seeks a waiver from considered by FRA before final action is participate in scoping meetings at compliance with 49 CFR 240.201(d), taken. Comments received after that locations and dates to be determined. which provides that only certified date will be considered as far as Public meetings will be held to allow persons may operate trains or practicable. All written communications the public, as well as Federal, state, and locomotives. The waiver would affect concerning these proceedings are local agencies, and tribes, to provide only persons who participate in the available for examination during regular comments on the purpose and need for ‘‘engineer for a day’’ program, which business hours (9 a.m.–5 p.m.) at the the project, potential alternatives, and would allow non-certified persons to above facility. All documents in the social, economic, and environmental operate a diesel electric locomotive as public docket are also available for issues of concern. the ‘‘engineer.’’ Various restrictions inspection and copying on the Internet In addition, a public hearing will be would be placed on these operations. at the docket facility’s Web site at held following the release of the draft The waiver would cover operations http://www.regulations.gov. EIS. Public notice advertisements and on 5,280 feet of main line track between Anyone is able to search the direct mailings will notify interested Milepost (MP) 4 and MP 5 that would electronic form of any written communications and comments parties of the time and place of the be placed under absolute block control received into any of our dockets by the public meetings and the public hearing. (section of track can only be occupied by one train at a time) during these name of the individual submitting the To ensure that the full range of issues operations. This section of track does document (or signing the document, if related to this proposed action is not have any public highway-rail grade submitted on behalf of an association, addressed and all significant issues are crossings on it, and is located largely business, labor union, etc.). You may identified, comments and suggestions within the confines of Rion Quarry, review DOT’s complete Privacy Act are invited from all interested parties. which is no longer in operation. Statement in the Federal Register Comments or questions concerning this SCRM has an annual budget of published on April 11, 2000 (Volume proposed action and the EIS should be approximately $180,000.00. SCRM has 65, Number 70; Page 19477) or at directed to FHWA or UDOT at the no employees. All excursion trains are http://www.dot.gov/privacy.html. addresses provided above. staffed by volunteers who have been Issued in Washington, DC, on October 4, (Catalog of Federal Domestic Assistance through testing and certification for 2010. Program Number 20–205, Highway Planning their respective train crew duties. The Robert C. Lauby, and Construction. The regulations ‘‘engineer for a day’’ program would Deputy Associate Administrator for implementing Executive Order 12372 allow SCRM to supplement its Regulatory and Legislative Operations. regarding intergovernmental consultation on education programs and generate [FR Doc. 2010–25487 Filed 10–8–10; 8:45 am] Federal programs and activities apply to this needed additional income for BILLING CODE 4910–06–P program.) preservation and for providing a James Christian, railroad experience to persons visiting the museum. DEPARTMENT OF THE TREASURY Salt Lake City, Utah. Interested parties are invited to [FR Doc. 2010–25606 Filed 10–8–10; 8:45 am] participate in these proceedings by Internal Revenue Service BILLING CODE 4910–22–P submitting written views, data, or [REG–104072–97] comments. FRA does not anticipate scheduling a public hearing in Proposed Collection; Comment DEPARTMENT OF TRANSPORTATION connection with these proceedings since Request for Regulation Project the facts do not appear to warrant a Federal Railroad Administration AGENCY: hearing. If any interested party desires Internal Revenue Service (IRS), Treasury. Petition for Waiver of Compliance an opportunity for oral comment, they should notify FRA, in writing, before ACTION: Notice and request for comments. In accordance with part 211 of Title the end of the comment period and 49 Code of Federal Regulations (CFR), specify the basis for their request. SUMMARY: The Department of the notice is hereby given that the Federal All communications concerning these Treasury, as part of its continuing effort Railroad Administration (FRA) has proceedings should identify the to reduce paperwork and respondent received a request for a waiver of appropriate docket number (e.g., Waiver burden, invites the general public and compliance from certain requirements Petition Docket Number FRA–2010– other Federal agencies to take this of its safety standards. The individual 0095) and may be submitted by any of opportunity to comment on proposed petition is described below, including the following methods: and/or continuing information the party seeking relief, the regulatory • Web site: http:// collections, as required by the provisions involved, the nature of the www.regulations.gov. Follow the online Paperwork Reduction Act of 1995, relief being requested, and the instructions for submitting comments. Public Law 104–13 (44 U.S.C. petitioner’s arguments in favor of relief. • Fax: 202–493–2251. 3506(c)(2)(A)).

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62629

Currently, the IRS is soliciting are confidential, as required by 26 or submit written statements for comments concerning an existing final U.S.C. 6103. consideration. Due to limited regulation, REG–104072–97 (TD 8853), Request for Comments: Comments conference lines, notification of intent re-characterizing Financing submitted in response to this notice will to participate must be made with Arrangements Involving Fast-Pay Stock be summarized and/or included in the Patricia Robb. For more information (§ 1.7701(l)–3). request for OMB approval. All please contact Ms. Robb at 1–888–912– DATES: Written comments should be comments will become a matter of 1227 or 414–231–2360, or write TAP received on or before December 13, 2010 public record. Office Stop 1006MIL, 211 West to be assured of consideration. Comments are invited on: (a) Whether Wisconsin Avenue, Milwaukee, WI ADDRESSES: Direct all written comments the collection of information is 53203–2221, or post comments to the to Gerald Shields, Internal Revenue necessary for the proper performance of Web site: http://www.improveirs.org. Service, Room 6129, 1111 Constitution the functions of the agency, including The agenda will include various IRS Avenue NW., Washington, DC 20224. whether the information shall have issues. practical utility; (b) the accuracy of the FOR FURTHER INFORMATION CONTACT: Dated: October 4, 2010. agency’s estimate of the burden of the Requests for additional information or Shawn F. Collins, collection of information; (c) ways to copies of the regulation should be Director, Taxpayer Advocacy Panel. enhance the quality, utility, and clarity directed to Elaine Christophe, (202) of the information to be collected; (d) [FR Doc. 2010–25486 Filed 10–8–10; 8:45 am] 622–3179, or at Internal Revenue ways to minimize the burden of the BILLING CODE 4830–01–P Service, Room 6129, 1111 Constitution collection of information on Avenue NW., Washington DC 20224, or respondents, including through the use through the internet, at DEPARTMENT OF THE TREASURY of automated collection techniques or [email protected]. other forms of information technology; Internal Revenue Service SUPPLEMENTARY INFORMATION: and (e) estimates of capital or start-up Title: Recharacterizing Financing costs and costs of operation, Open Meeting of Taxpayer Advocacy Arrangements Involving Fast-Pay Stock. maintenance, and purchase of services Panel Notice Improvement Project OMB Number: 1545–1642. to provide information. Committee Regulation Project Number: REG– Approved: September 29, 2010. 104072–97 (T.D. 8853). AGENCY: Internal Revenue Service (IRS), Abstract: Section 1.7701(l)–3 Gerald Shields, Treasury. IRS Supervisory Tax Analyst. recharacterizes fast-pay arrangements. ACTION: Notice of meeting. Certain participants in such [FR Doc. 2010–25468 Filed 10–8–10; 8:45 am] arrangements must file a statement that BILLING CODE 4830–01–P SUMMARY: An open meeting of the includes the name of the corporation Taxpayer Advocacy Panel Notice that issued the fast-pay stock, and (to Improvement Project Committee will be the extent the filing taxpayer knows or DEPARTMENT OF THE TREASURY conducted. The Taxpayer Advocacy has reason to know) the terms of the Panel is soliciting public comments, fast-pay stock, the date on which it was Internal Revenue Service ideas and suggestions on improving issued, and the names and taxpayer customer service at the Internal Revenue Open Meeting of the Area 5 Taxpayer identification numbers of any Service. Advocacy Panel (Including the States shareholders of any class of stock that of Iowa, Kansas, Minnesota, Missouri, DATES: The meeting will be held is not traded on an established Nebraska, Oklahoma, and Texas) Wednesday, November 10, 2010. securities market. FOR FURTHER INFORMATION CONTACT: Current Actions: There is no change to AGENCY: Internal Revenue Service (IRS), Audrey Y. Jenkins at 1–888–912–1227 this existing regulation. Treasury. or 718–488–2085. Type of Review: Extension of OMB ACTION: Notice of meeting. approval. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section Affected Public: Business or other for- SUMMARY: An open meeting of the Area profit organizations. 5 Taxpayer Advocacy Panel will be 10(a)(2) of the Federal Advisory Estimated Number of Respondents: conducted. The Taxpayer Advocacy Committee Act, 5 U.S.C. App. (1988) 50. Panel is soliciting public comments, that an open meeting of the Taxpayer Estimated Time Per Respondent: 1 ideas, and suggestions on improving Advocacy Panel Notice Improvement hour. customer service at the Internal Revenue Project Committee will be held Estimated Total Annual Burden Service. Wednesday, November 10, 2010, at 2 Hours: 50. p.m. Eastern Time via telephone DATES: The meeting will be held The following paragraph applies to all conference. The public is invited to Tuesday, November 9, 2010. of the collections of information covered make oral comments or submit written by this notice: FOR FURTHER INFORMATION CONTACT: statements for consideration. Due to An agency may not conduct or Patricia Robb at 1–888–912–1227 or limited conference lines, notification of sponsor, and a person is not required to 414–231–2360. intent to participate must be made with respond to, a collection of information SUPPLEMENTARY INFORMATION: Notice is Audrey Y. Jenkins. For more unless the collection of information hereby given pursuant to Section information, please contact Ms. Jenkins displays a valid OMB control number. 10(a)(2) of the Federal Advisory at 1–888–912–1227 or 718–488–2085, or Books or records relating to a Committee Act, 5 U.S.C. App. (1988) write TAP Office, 10 MetroTech Center, collection of information must be that a meeting of the Area 5 Taxpayer 625 Fulton Street, Brooklyn, NY 11201, retained as long as their contents may Advocacy Panel will be held Tuesday, or post comments to the Web site: become material in the administration November 9, 2010, at 11 a.m. Central http://www.improveirs.org. of any internal revenue law. Generally, Time via telephone conference. The The agenda will include various IRS tax returns and tax return information public is invited to make oral comments issues.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62630 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Dated: October 4, 2010. DEPARTMENT OF THE TREASURY Committee will be conducted. The Shawn F. Collins, Taxpayer Advocacy Panel is soliciting Director, Taxpayer Advocacy Panel. Internal Revenue Service public comments, ideas and suggestions [FR Doc. 2010–25451 Filed 10–8–10; 8:45 am] on improving customer service at the Open Meeting of the Area 4 Taxpayer Internal Revenue Service. BILLING CODE 4830–01–P Advocacy Panel (Including the States DATES: The meeting will be held of Illinois, Indiana, Kentucky, Michigan, Wednesday, November 10, 2010. Ohio, Tennessee, and Wisconsin) DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: AGENCY: Internal Revenue Service (IRS), Marisa Knispel at 1–888–912–1227 or Internal Revenue Service Treasury. 718–488–3557. ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: Notice is Open Meeting of the Area 7 Taxpayer hereby given pursuant to section Advocacy Panel (Including the States SUMMARY: An open meeting of the Area 10(a)(2) of the Federal Advisory of Alaska, California, Hawaii, and 4 Taxpayer Advocacy Panel will be Committee Act, 5 U.S.C. App. (1988) Nevada) conducted. The Taxpayer Advocacy that an open meeting of the Taxpayer Panel is soliciting public comments, Advocacy Panel Tax Forms and AGENCY: Internal Revenue Service (IRS), ideas, and suggestions on improving Publications/MLI Project Committee Treasury. customer service at the Internal Revenue will be held Wednesday, November 10, Service. 2010, at 1:00 p.m., Eastern Time via ACTION: Notice of meeting. DATES: The meeting will be held telephone conference. The public is Tuesday, November 16, 2010. invited to make oral comments or SUMMARY: An open meeting of the Area FOR FURTHER INFORMATION CONTACT: submit written statements for 7 Taxpayer Advocacy Panel will be Ellen Smiley at 1–888–912–1227 or consideration. Due to limited conducted. The Taxpayer Advocacy 414–231–2360. conference lines, notification of intent Panel is soliciting public comments, SUPPLEMENTARY INFORMATION: Notice is to participate must be made with Marisa ideas, and suggestions on improving hereby given pursuant to Section Knispel. For more information, please customer service at the Internal Revenue 10(a)(2) of the Federal Advisory contact Ms. Knispel at 1–888–912–1227 Service. Committee Act, 5 U.S.C. App. (1988) or 718–488–3557, or write TAP Office, DATES: The meeting will be held that a meeting of the Area 4 Taxpayer 10 MetroTech Center, 625 Fulton Street, Wednesday, November 17, 2010. Advocacy Panel will be held Tuesday, Brooklyn, NY 11201, or post comments November 16, 2010, at 1 p.m. Central to the Web site: http:// FOR FURTHER INFORMATION CONTACT: Time via telephone conference. The www.improveirs.org. Janice Spinks at 1–888–912–1227 or public is invited to make oral comments The agenda will include various IRS 206–220–6098. or submit written statements for issues. SUPPLEMENTARY INFORMATION: Notice is consideration. Due to limited Dated: October 4, 2010. hereby given pursuant to Section conference lines, notification of intent Shawn F. Collins, 10(a)(2) of the Federal Advisory to participate must be made with Ellen Director, Taxpayer Advocacy Panel. Committee Act, 5 U.S.C. App. (1988) Smiley. For more information please [FR Doc. 2010–25475 Filed 10–8–10; 8:45 am] contact Ms. Smiley at 1–888–912–1227 that a meeting of the Area 7 Taxpayer BILLING CODE 4830–01–P Advocacy Panel will be held or 414–231–2360, or write TAP Office Stop 1006MIL, 211 West Wisconsin Wednesday, November 17, 2010, at 2 Avenue, Milwaukee, WI 53203–2221, or p.m. Pacific Time via telephone DEPARTMENT OF THE TREASURY post comments to the Web site: http:// conference. The public is invited to www.improveirs.org. Internal Revenue Service make oral comments or submit written The agenda will include various IRS statements for consideration. Due to issues. Open Meeting of the Taxpayer limited conference lines, notification of Advocacy Panel Small Business/Self Dated: October 4, 2010. intent to participate must be made with Employed Project Committee Janice Spinks. For more information Shawn F. Collins, AGENCY: please contact Ms. Spinks at 1–888– Director, Taxpayer Advocacy Panel. Internal Revenue Service (IRS), Treasury. 912–1227 or 206–220–6098, or write [FR Doc. 2010–25464 Filed 10–8–10; 8:45 am] TAP Office, 915 2nd Avenue, MS W– BILLING CODE 4830–01–P ACTION: Notice of meeting. 406, Seattle, WA 98174 or post SUMMARY: An open meeting of the comments to the Web site: http:// DEPARTMENT OF THE TREASURY Taxpayer Advocacy Panel Small www.improveirs.org. Business/Self Employed Project The agenda will include various IRS Internal Revenue Service Committee will be conducted. The issues. Taxpayer Advocacy Panel is soliciting Open Meeting of the Taxpayer public comments, ideas, and Dated: October 4, 2010. Advocacy Panel Tax Forms and suggestions on improving customer Shawn F. Collins, Publications/MLI Project Committee service at the Internal Revenue Service. Director, Taxpayer Advocacy Panel. DATES: AGENCY: Internal Revenue Service (IRS), The meeting will be held [FR Doc. 2010–25459 Filed 10–8–10; 8:45 am] Treasury. Thursday, November 18, 2010. BILLING CODE 4830–01–P FOR FURTHER INFORMATION CONTACT: ACTION: Notice of meeting. Janice Spinks at 1–888–912–1227 or SUMMARY: An open meeting of the 206–220–6098. Taxpayer Advocacy Panel Tax Forms SUPPLEMENTARY INFORMATION: Notice is and Publications/MLI Project hereby given pursuant to Section

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62631

10(a)(2) of the Federal Advisory contact Ms. Powers at 1–888–912–1227 DEPARTMENT OF THE TREASURY Committee Act, 5 U.S.C. App. (1988) or 954–423–7977, or write TAP Office, that an open meeting of the Taxpayer 1000 South Pine Island Road, Suite 340, Internal Revenue Service Advocacy Panel Small Business/Self Plantation, FL 33324, or contact us at Employed Project Committee will be the Web site: http://www.improveirs.org. Open Meeting of the Area 6 Taxpayer held Thursday, November 18, 2010, at The agenda will include various IRS Advocacy Panel (Including the States 9 a.m. Pacific Time via telephone issues. of Arizona, Colorado, Idaho, Montana, conference. The public is invited to New Mexico, North Dakota, Oregon, Dated: October 4, 2010. South Dakota, Utah, Washington, and make oral comments or submit written Shawn F. Collins, statements for consideration. Due to Wyoming) Director, Taxpayer Advocacy Panel. limited conference lines, notification of AGENCY [FR Doc. 2010–25472 Filed 10–8–10; 8:45 am] : Internal Revenue Service (IRS) intent to participate must be made with Treasury. Janice Spinks. For more information BILLING CODE 4830–01–P ACTION: Notice of meeting. please contact Ms. Spinks at 1–888– 912–1227 or 206–220–6098, or write DEPARTMENT OF THE TREASURY SUMMARY: An open meeting of the Area TAP Office, 915 2nd Avenue, 6 Taxpayer Advocacy Panel will be MS W–406, Seattle, WA 98174 or post Internal Revenue Service conducted. The Taxpayer Advocacy comments to the Web site: http:// Panel is soliciting public comment, www.improveirs.org. Open Meeting of the Area 3 Taxpayer ideas, and suggestions on improving The agenda will include various IRS Advocacy Panel (Including the States customer service at the Internal Revenue issues. of Florida, Georgia, Alabama, Service. Dated: October 4, 2010. Mississippi, Louisiana, Arkansas, and DATES: The meeting will be held Shawn F. Collins, the Territory of Puerto Rico) Wednesday, November 3, 2010. Director, Taxpayer Advocacy Panel. AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: [FR Doc. 2010–25474 Filed 10–8–10; 8:45 am] Treasury. Timothy Shepard at 1–888–912–1227 or 206–220–6095 BILLING CODE 4830–01–P ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: Notice is SUMMARY: An open meeting of the Area hereby given pursuant to Section DEPARTMENT OF THE TREASURY 3 Taxpayer Advocacy Panel will be 10(a)(2) of the Federal Advisory conducted. The Taxpayer Advocacy Committee Act, 5 U.S.C. App. (1988) Internal Revenue Service Panel is soliciting public comments, that an open meeting of the Area 6 Open Meeting of the Taxpayer ideas, and suggestions on improving Taxpayer Advocacy Panel will be held Advocacy Panel Volunteer Income Tax customer service at the Internal Revenue Wednesday, November 3, 2010, at 1 Assistance Issue Committee Service. p.m. Pacific Time via telephone DATES: The meeting will be held conference. The public is invited to AGENCY: Internal Revenue Service (IRS), Monday, November 8, 2010. make oral comments or submit written statements for consideration. Due to Treasury. FOR FURTHER INFORMATION CONTACT: limited conference lines, notification of ACTION: Notice of meeting. Donna Powers at 1–888–912–1227 or intent to participate must be made with 954–423–7977. SUMMARY: An open meeting of the Timothy Shepard. For more Taxpayer Advocacy Panel Volunteer SUPPLEMENTARY INFORMATION: Notice is information, please contact Mr. Shepard Income Tax Issue Committee will be hereby given pursuant to Section at 1–888–912–1227 or 206–220–6095, or conducted. The Taxpayer Advocacy 10(a)(2) of the Federal Advisory write TAP Office, 915 2nd Avenue, MS Panel is soliciting public comment, Committee Act, 5 U.S.C. App. (1988) W–406, Seattle, WA 98174 or post ideas, and suggestions on improving that a meeting of the Area 3 Taxpayer comments to the Web site: http:// customer service at the Internal Revenue Advocacy Panel will be held Monday, www.improveirs.org. Service. November 8, 2010, at 2:30 p.m. Eastern The agenda will include various IRS DATES: The meeting will be held Time via telephone conference. The issues. Tuesday, November 9, 2010. public is invited to make oral comments Dated: October 4, 2010. or submit written statements for FOR FURTHER INFORMATION CONTACT: Shawn F. Collins, consideration. Due to limited Donna Powers at 1–888–912–1227 or conference lines, notification of intent Director, Taxpayer Advocacy Panel. 954–423–7977. to participate must be made with Donna [FR Doc. 2010–25462 Filed 10–7–10; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is Powers. For more information, please BILLING CODE 4830–01–P hereby given pursuant to Section contact Ms. Powers at 1–888–912–1227 10(a)(2) of the Federal Advisory or 954–423–7977, or write TAP Office, Committee Act, 5 U.S.C. App. (1988) 1000 South Pine Island Road, Suite 340, DEPARTMENT OF THE TREASURY that a meeting of the Taxpayer Plantation, FL 33324, or post comments Internal Revenue Service Advocacy Panel Volunteer Income Tax to the Web site: http:// Issue Committee will be held Tuesday, www.improveirs.org. Open Meeting of the Taxpayer November 9, 2010, at 2:00 p.m. Eastern The agenda will include various IRS Advocacy Panel Joint Committee Time via telephone conference. The issues. public is invited to make oral comments AGENCY: Internal Revenue Service (IRS), Dated: October 4, 2010. or submit written statements for Treasury. Shawn F. Collins, consideration. Due to limited ACTION: Notice of meeting. conference lines, notification of intent Director, Taxpayer Advocacy Panel. to participate must be made with Donna [FR Doc. 2010–25466 Filed 10–8–10; 8:45 am] SUMMARY: An open meeting of the Powers. For more information, please BILLING CODE 4830–01–P Taxpayer Advocacy Panel Joint

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62632 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

Committee will be conducted. The that an open meeting of the Taxpayer 10 MetroTech Center, 625 Fulton Street, Taxpayer Advocacy Panel is soliciting Advocacy Panel Taxpayer Assistance Brooklyn, NY 11201, or contact us at the public comment, ideas, and suggestions Center Committee will be held Tuesday, Web site: http://www.improveirs.org. on improving customer service at the November 23, 2010, at 1 p.m. Central The agenda will include various IRS Internal Revenue Service. Time via telephone conference. The issues. DATES: The meeting will be held public is invited to make oral comments Dated: October 4, 2010. Tuesday, November 23, 2010. or submit written statements for Shawn F. Collins, FOR FURTHER INFORMATION CONTACT: consideration. Due to limited Director, Taxpayer Advocacy Panel. Susan Gilbert at 1–888–912–1227 or conference lines, notification of intent (515) 564–6638. to participate must be made with Ellen [FR Doc. 2010–25477 Filed 10–8–10; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is Smiley. For more information please BILLING CODE 4830–01–P hereby given pursuant to Section contact Ms. Smiley at 1–888–912–1227 or 414–231–2360, or write TAP Office 10(a)(2) of the Federal Advisory DEPARTMENT OF THE TREASURY Committee Act, 5 U.S.C. App. (1988) Stop 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203–2221, or that an open meeting of the Taxpayer Internal Revenue Service Advocacy Panel Joint Committee will be post comments to the web site: http:// held Tuesday, November 23, 2010, at www.improveirs.org. Open Meeting of the Taxpayer 3 p.m. Eastern Time via telephone The agenda will include various IRS Advocacy Panel Earned Income Tax conference. The public is invited to issues. Credit Project Committee make oral comments or submit written Dated: October 4, 2010. statements for consideration. Due to Shawn F. Collins, AGENCY: Internal Revenue Service (IRS), limited conference lines, notification of Director, Taxpayer Advocacy Panel. Treasury. intent to participate must be made with [FR Doc. 2010–25447 Filed 10–8–10; 8:45 am] ACTION: Notice of meeting. Susan Gilbert. For more information BILLING CODE 4830–01–P please contact Ms. Gilbert at 1–888– SUMMARY: An open meeting of the 912–1227 or (515) 564–6638 or write: Taxpayer Advocacy Panel Earned TAP Office, 210 Walnut Street, Stop DEPARTMENT OF THE TREASURY Income Tax Credit Project Committee 5115, Des Moines, IA 50309 or contact will be conducted. The Taxpayer Internal Revenue Service us at the Web site: http:// Advocacy Panel is soliciting public www.improveirs.org. comments, ideas and suggestions on The agenda will include various IRS Open Meeting of the Area 1 Taxpayer improving customer service at the issues. Advocacy Panel (Including the States of New York, Connecticut, Internal Revenue Service. Dated: October 4, 2010. Massachusetts, Rhode Island, New DATES: The meeting will be Wednesday, Shawn F. Collins, Hampshire, Vermont and Maine) November 24, 2010. Director, Taxpayer Advocacy Panel. [FR Doc. 2010–25456 Filed 10–8–10; 8:45 am] AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: BILLING CODE 4830–01–P Treasury. Marianne Ayala at 1–888–912–1227 or ACTION: Notice of meeting. 954–423–7978. SUPPLEMENTARY INFORMATION: Notice is DEPARTMENT OF THE TREASURY SUMMARY: An open meeting of the Area 1 Taxpayer Advocacy Panel will be hereby given pursuant to Section Internal Revenue Service conducted. The Taxpayer Advocacy 10(a)(2) of the Federal Advisory Panel is soliciting public comments, Committee Act, 5 U.S.C. App. (1988) Open Meeting of the Taxpayer ideas and suggestions on improving that an open meeting of the Taxpayer Advocacy Panel Taxpayer Assistance customer service at the Internal Revenue Advocacy Panel Earned Income Tax Center Committee Service. Credit Project Committee will be held Wednesday, November 24, 2010, at AGENCY: Internal Revenue Service (IRS) DATES: The meeting will be held 1 p.m. Eastern Time via telephone Treasury. Tuesday, November 16, 2010. conference. The public is invited to ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: make oral comments or submit written Marisa Knispel at 1–888–912–1227 or statements for consideration. Due to SUMMARY: An open meeting of the 718–488–3557. limited conference lines, notification of Taxpayer Advocacy Panel Taxpayer SUPPLEMENTARY INFORMATION: Notice is intent to participate must be made with Assistance Center Committee will be hereby given pursuant to section Marianne Ayala. For more information, conducted. The Taxpayer Advocacy 10(a)(2) of the Federal Advisory please contact Ms. Ayala at 1–888–912– Panel is soliciting public comments, Committee Act, 5 U.S.C. App. (1988) 1227 or 954–423–7978, or write TAP ideas, and suggestions on improving that an open meeting of the Area 1 Office, 1000 South Pine Island Road, customer service at the Internal Revenue Taxpayer Advocacy Panel will be held Suite 340, Plantation, FL 33324, or Service. Tuesday, November 16, 2010, at 10 a.m. contact us at the Web site: http:// DATES: The meeting will be held Eastern Time via telephone conference. www.improveirs.org. Tuesday, November 23, 2010. The public is invited to make oral The agenda will include various IRS FOR FURTHER INFORMATION CONTACT: comments or submit written statements issues. Ellen Smiley at 1–888–912–1227 or for consideration. Due to limited 414–231–2360. conference lines, notification of intent Dated: October 4, 2010. SUPPLEMENTARY INFORMATION: Notice is to participate must be made with Marisa Shawn F. Collins, hereby given pursuant to Section Knispel. For more information, please Director, Taxpayer Advocacy Panel. 10(a)(2) of the Federal Advisory contact Ms. Knispel at 1–888–912–1227 [FR Doc. 2010–25488 Filed 10–8–10; 8:45 am] Committee Act, 5 U.S.C. App. (1988) or 718–488–3557, or write TAP Office, BILLING CODE 4830–01–P

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00135 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62633

DEPARTMENT OF THE TREASURY DEPARTMENT OF VETERANS Affected Public: Individuals or AFFAIRS households. Internal Revenue Service Estimated Annual Burden: 1,584 [OMB Control No. 2900–0697] hours. Open Meeting of the Area 2 Taxpayer Agency Information Collection Frequency of Response: On occasion. Advocacy Panel (Including the States (Application for Approval of a Estimated Average Burden per of Delaware, North Carolina, South Licensing or Certification and Respondent: 3 hours. Carolina, New Jersey, Maryland, Organization or Entity) Activity Under Estimated Annual Responses: 528. Pennsylvania, Virginia, West Virginia OMB Review Dated: October 6, 2010. and the District of Columbia) By direction of the Secretary. AGENCY: Veterans Benefits Denise McLamb, AGENCY: Administration, Department of Veterans Internal Revenue Service (IRS), Program Analyst, Enterprise Records Service. Treasury. Affairs. ACTION: Notice. [FR Doc. 2010–25530 Filed 10–8–10; 8:45 am] ACTION: Notice of meeting. BILLING CODE 8320–01–P SUMMARY: In compliance with the SUMMARY: An open meeting of the Area Paperwork Reduction Act (PRA) of 1995 2 Taxpayer Advocacy Panel will be (44 U.S.C. 3501–3521), this notice DEPARTMENT OF VETERANS conducted. The Taxpayer Advocacy announces that the Veterans Benefits AFFAIRS Panel is soliciting public comments, Administration (VBA), Department of [OMB Control No. 2900–0253] ideas, and suggestions on improving Veterans Affairs, will submit the customer service at the Internal Revenue collection of information abstracted below to the Office of Management and Proposed Information Collection Service. Budget (OMB) for review and comment. (Nonsupervised Lender’s Nomination DATES: The meeting will be held The PRA submission describes the and Recommendation of Credit Wednesday, November 17, 2010. nature of the information collection and Underwriter) Activity: Comment its expected cost and burden; it includes Request FOR FURTHER INFORMATION CONTACT: the actual data collection instrument. Marianne Ayala at 1–888–912–1227 or AGENCY: Veterans Benefits DATES: Comments must be submitted on 954–423–7978. Administration, Department of Veterans or before November 12, 2010. Affairs. SUPPLEMENTARY INFORMATION: Notice is ADDRESSES: Submit written comments ACTION: Notice. hereby given pursuant to section on the collection of information through 10(a)(2) of the Federal Advisory http://www.Regulations.gov or to VA’s SUMMARY: The Veterans Benefits Committee Act, 5 U.S.C. App. (1988) OMB Desk Officer, OMB Human Administration (VBA), Department of that an open meeting of the Area 2 Resources and Housing Branch, New Veterans Affairs (VA), is announcing an Taxpayer Advocacy Panel will be held Executive Office Building, Room 10235, opportunity for public comment on the Wednesday, November 17, 2010, at 2:30 Washington, DC 20503, (202) 395–7316. proposed collection of certain p.m. Eastern Time via telephone Please refer to ‘‘OMB Control No. 2900– information by the agency. Under the conference. The public is invited to 0697’’ in any correspondence. Paperwork Reduction Act (PRA) of make oral comments or submit written FOR FURTHER INFORMATION CONTACT: 1995, Federal agencies are required to statements for consideration. Due to Denise McLamb, Enterprise Records publish notice in the Federal Register limited conference lines, notification of Service (005R1B), Department of concerning each proposed collection of information, including each proposed intent to participate must be made with Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461– extension of a currently approved Marianne Ayala. For more information 7485, FAX (202) 273–0443 or e-mail collection, and allow 60 days for public please contact Mrs. Ayala at 1–888– [email protected]. Please refer to comment in response to the notice. This 912–1227 or 954–423–7978, or write ‘‘OMB Control No. 2900–0697.’’ notice solicits comments for information TAP Office, 1000 South Pine Island SUPPLEMENTARY INFORMATION: needed to evaluate a credit Road, Suite 340, Plantation, FL 33324, Title: Application for Approval of a underwriter’s experience. or post comments to the Web site: Licensing or Certification and DATES: Written comments and http://www.improveirs.org. Organization or Entity: 38 CFR 21.4268. recommendations on the proposed The agenda will include various IRS OMB Control Number: 2900–0697. collection of information should be issues. Type of Review: Extension of a received on or before December 13, currently approved collection. 2010. Dated: October 4, 2010. Abstract: The data collected will be Shawn F. Collins, used to determine whether licensing ADDRESSES: Submit written comments Director, Taxpayer Advocacy Panel. and certification tests, and the on the collection of information through [FR Doc. 2010–25489 Filed 10–8–10; 8:45 am] organizations offering them, should be Federal Docket Management System (FDMS) at http://www.Regulations.gov BILLING CODE 4830–01–P approved for VA training under education programs VA administers. or to Nancy J. Kessinger, Veterans An agency may not conduct or Benefits Administration (20M35), sponsor, and a person is not required to Department of Veterans Affairs, 810 respond to a collection of information Vermont Avenue, NW., Washington, DC unless it displays a currently valid OMB 20420 or e-mail control number. The Federal Register [email protected]. Please refer to Notice with a 60-day comment period ‘‘OMB Control No. 2900–0253’’ in any soliciting comments on this collection correspondence. During the comment of information was published on August period, comments may be viewed online 6, 2010, at page 47680. through the FDMS.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62634 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS information will have practical utility; Nancy J. Kessinger at (202) 461–9769 or AFFAIRS (2) the accuracy of VBA’s estimate of the FAX (202) 275–5947. burden of the proposed collection of [OMB Control No. 2900–0624] SUPPLEMENTARY INFORMATION: Under the information; (3) ways to enhance the PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Proposed Information Collection quality, utility, and clarity of the 3501–3520), Federal agencies must (Obligation to Report Factors Affecting information to be collected; and (4) obtain approval from the Office of Entitlement) Activity: Comment ways to minimize the burden of the Management and Budget (OMB) for each Request collection of information on collection of information they conduct respondents, including through the use AGENCY: Veterans Benefits or sponsor. This request for comment is of automated collection techniques or Administration, Department of Veterans being made pursuant to Section the use of other forms of information Affairs. 3506(c)(2)(A) of the PRA. technology. ACTION: Notice. Title: Obligation to Report Factors With respect to the following Affecting Entitlement (38 CFR collection of information, VBA invites SUMMARY: The Veterans Benefits 3.204(a)(1), 38 CFR 3.256(a) and 38 CFR comments on: (1) Whether the proposed Administration (VBA) is announcing an 3.277(b)). collection of information is necessary opportunity for public comment on the OMB Control Number: 2900–0624. for the proper performance of VBA’s proposed collection of certain Type of Review: Extension of a functions, including whether the information by the agency. Under the currently approved collection. information will have practical utility; Paperwork Reduction Act (PRA) of Abstract: Claimants who applied for (2) the accuracy of VBA’s estimate of the 1995, Federal agencies are required to or receives compensation, pension or burden of the proposed collection of publish notice in the Federal Register dependency and indemnity information; (3) ways to enhance the concerning each proposed collection of compensation benefits must report quality, utility, and clarity of the information, including each proposed changes in their entitlement factors. information to be collected; and (4) extension of a currently approved Individual factors such as income, ways to minimize the burden of the collection, and allow 60 days for public marital status, and the beneficiary’s collection of information on comment in response to the notice. This number of dependents, may affect the respondents, including through the use notice solicits comments on information amount of benefit that he or she receives of automated collection techniques or needed to determine whether or affect the right to receive such the use of other forms of information adjustments in rates of benefit payments benefits. technology. are necessary. Affected Public: Individuals or Title: Nonsupervised Lender’s DATES: Written comments and households. Nomination and Recommendation of recommendations on the proposed Estimated Annual Burden: 31,017 Credit Underwriter, VA Form 26–8736a. collection of information should be hours. OMB Control Number: 2900–0253. received on or before December 13, Estimated Average Burden per Type of Review: Extension of a 2010. Respondent: 5 minutes. currently approved collection. ADDRESSES: Submit written comments Frequency of Response: On occasion. Abstract: VA Form 26–8736a is on the collection of information through Estimated Number of Respondents: completed by nonsupervised lenders Federal Docket Management System 372,209. and the lender’s nominee for credit (FDMS) at http://www.Regulations.gov Dated: October 6, 2010. underwriting with the Department of or to Nancy J. Kessinger, Veterans By direction of the Secretary. Veterans Affairs. Lenders are authorized Benefits Administration (20M35), Denise McLamb, by VA to make automatic guaranteed Department of Veterans Affairs, 810 Program Analyst, Enterprise Records Service. loans if approved for such purposes. Vermont Avenue, NW., Washington, DC [FR Doc. 2010–25536 Filed 10–8–10; 8:45 am] The lender is required to have a 20420 or e-mail qualified underwriter to review loans to [email protected]. Please refer to BILLING CODE 8320–01–P be closed on automatic basis and ‘‘OMB Control No. 2900–0624’’ in any determine that the loan meets VA’s correspondence. During the comment DEPARTMENT OF VETERANS credit underwriting standards. VA uses period, comments may be viewed online AFFAIRS the data collected on the form to through the FDMS. evaluate the nominee’s credit FOR FURTHER INFORMATION CONTACT: [OMB Control No. 2900–0036] underwriting experience. Nancy J. Kessinger at (202) 461–9769 or Proposed Information Collection Affected Public: Business or other for- FAX (202) 275–5947. profit. (Statement of Disappearance) Activity: SUPPLEMENTARY INFORMATION: Under the Comment Request Estimated Annual Burden: 1,000 PRA of 1995 (Pub. L. 104–13; 44 U.S.C. hours. 3501–3521), Federal agencies must AGENCY: Veterans Benefits Estimated Average Burden per obtain approval from the Office of Administration, Department of Veterans Respondent: 20 minutes. Management and Budget (OMB) for each Affairs. Frequency of Response: On occasion. collection of information they conduct ACTION: Notice. Estimated Number of Respondents: or sponsor. This request for comment is 3,000. being made pursuant to Section SUMMARY: The Veterans Benefits 3506(c)(2)(A) of the PRA. Administration (VBA) is announcing an Dated: October 6, 2010. With respect to the following opportunity for public comment on the By direction of the Secretary. collection of information, VBA invites proposed collection of certain Denise McLamb, comments on: (1) Whether the proposed information by the agency. Under the Program Analyst, Enterprise Records Service. collection of information is necessary Paperwork Reduction Act (PRA) of [FR Doc. 2010–25535 Filed 10–8–10; 8:45 am] for the proper performance of VBA’s 1995, Federal agencies are required to BILLING CODE 8320–01–P functions, including whether the publish notice in the Federal Register

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62635

concerning each proposed collection of used to determine the claimant’s period, comments may be viewed online information, including each proposed entitlement to death benefits. through FDMS. extension of a currently approved Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: collection, and allow 60 days for public households. comment in response to the notice. This Estimated Annual Burden: 28 hours. Cynthia Harvey-Pryor (202) 461–5870 or notice solicits comments on information Estimated Average Burden per FAX (202) 273–9387. needed to determine a presumption of Respondent: 2 hours 45 minutes. SUPPLEMENTARY INFORMATION: Under the death of a missing veteran. Frequency of Response: One-time. Estimated Number of Respondents: PRA of 1995 (Pub. L. 104–13; 44 U.S.C. DATES: Written comments and 10. 3501–3521), Federal agencies must recommendations on the proposed obtain approval from OMB for each collection of information should be Dated: October 6, 2010. collection of information they conduct received on or before December 13, By direction of the Secretary. or sponsor. This request for comment is 2010. Denise McLamb, being made pursuant to Section Program Analyst, Enterprise Records Service. ADDRESSES: Submit written comments 3506(c)(2)(A) of the PRA. on the collection of information through [FR Doc. 2010–25534 Filed 10–8–10; 8:45 am] With respect to the following Federal Docket Management System BILLING CODE 8320–01–P collection of information, VHA invites (FDMS) at http://www.Regulations.gov comments on: (1) Whether the proposed or to Nancy J. Kessinger, Veterans collection of information is necessary Benefits Administration (20M35), DEPARTMENT OF VETERANS AFFAIRS for the proper performance of VHA’s Department of Veterans Affairs, 810 functions, including whether the Vermont Avenue, NW., Washington, DC [OMB Control No. 2900–New (VA Form 10– information will have practical utility; 20420 or e-mail 0476)] (2) the accuracy of VHA’s estimate of [email protected]. Please refer to the burden of the proposed collection of ‘‘OMB Control No. 2900–0036’’ in any Proposed Information Collection information; (3) ways to enhance the correspondence. During the comment (Patient Satisfaction Survey Michael E. quality, utility, and clarity of the period, comments may be viewed online DeBakey Home Care Program) information to be collected; and (4) through the FDMS. Activity: Comment Request ways to minimize the burden of the FOR FURTHER INFORMATION CONTACT: AGENCY: Veterans Health collection of information on Nancy J. Kessinger at (202) 461–9769 or Administration, Department of Veterans respondents, including through the use FAX (202) 275–5947. Affairs. of automated collection techniques or SUPPLEMENTARY INFORMATION: Under the ACTION: Notice. the use of other forms of information PRA of 1995 (Pub. L. 104–13; 44 U.S.C. technology. 3501–3521), Federal agencies must SUMMARY: The Veterans Health obtain approval from the Office of Administration (VHA), Department of Title: Patient Satisfaction Survey Management and Budget (OMB) for each Veterans Affairs (VA), is announcing an Michael E. DeBakey Home Care collection of information they conduct opportunity for public comment on the Program, VA Form 10–0476. or sponsor. This request for comment is proposed collection of certain OMB Control Number: 2900–New. information by the agency. Under the being made pursuant to Section Type of Review: New collection. 3506(c)(2)(A) of the PRA. Paperwork Reduction Act (PRA) of With respect to the following 1995, Federal agencies are required to Abstract: VA Form 10–0476 will be collection of information, VBA invites publish notice in the Federal Register used to gather feedback from patients comments on: (1) Whether the proposed concerning each proposed collection of regarding their satisfaction with the collection of information is necessary information, including each new quality of services/care provided by for the proper performance of VBA’s collection, and allow 60 days for public home care program staff. comment in response to the notice. This functions, including whether the Affected Public: Individuals and notice solicits comments on information information will have practical utility; households. (2) the accuracy of VBA’s estimate of the needed to determine patients’ Estimated Annual Burden: 17 hours. burden of the proposed collection of satisfaction with services provided by or information; (3) ways to enhance the through the Michael E. DeBakey Home Estimated Average Burden per quality, utility, and clarity of the Care Program. Respondent: 10 minutes. DATES: Written comments and information to be collected; and (4) Frequency of Response: One time. ways to minimize the burden of the recommendations on the proposed Estimated Number of Respondents: collection of information on collection of information should be respondents, including through the use received on or before December 13, 50. of automated collection techniques or 2010. Estimated Number of Responses: 100. the use of other forms of information ADDRESSES: Submit written comments Dated: October 6, 2010. technology. on the collection of information through By direction of the Secretary. Title: Statement of Disappearance, VA the Federal Docket Management System Form 21–1775. (FDMS) at http://www.Regulations.gov; Denise McLamb, OMB Control Number: 2900–0036. or to Cynthia Harvey Pryor, Veterans Program Analyst, Enterprise Records Service. Type of Review: Extension of a Health Administration (193E1), [FR Doc. 2010–25531 Filed 10–8–10; 8:45 am] currently approved collection. Department of Veterans Affairs, 810 BILLING CODE 8320–01–P Abstract: VA Form 21–1775 is used to Vermont Avenue, NW., Washington, DC gather information from a claimant to 20420 or e-mail: cynthia.harvey- make a decision regarding the [email protected]. Please refer to ‘‘2900– unexplained absence of a veteran for New (VA Form 10–0476)’’ in any over 7 years. The data collected will be correspondence. During the comment

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00138 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES 62636 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

DEPARTMENT OF VETERANS the burden of the proposed collection of continued entitlement to benefits based AFFAIRS information; (3) ways to enhance the on the number of dependents. quality, utility, and clarity of the [OMB Control No. 2900-New (VA Form 10– DATES: Written comments and 0507)] information to be collected; and (4) recommendations on the proposed ways to minimize the burden of the collection of information should be Proposed Information Collection collection of information on received on or before December 13, (Veterans Health Benefits Handbook respondents, including through the use 2010. of automated collection techniques or Satisfaction Survey) Activity: ADDRESSES: Submit written comments Comment Request the use of other forms of information on the collection of information through technology. Federal Docket Management System AGENCY: Veterans Health Title: Veterans Health Benefits (FDMS) at http://www.Regulations.gov Administration, Department of Veterans Handbook Satisfaction Survey, VA Form or to Nancy J. Kessinger, Veterans Affairs. 10–0507. Benefits Administration (20M35), ACTION: Notice. OMB Control Number: 2900-New (VA Department of Veterans Affairs, 810 Form 10–0507). SUMMARY: The Veterans Health Vermont Avenue, NW., Washington, DC Type of Review: New collection. Administration (VHA), Department of 20420 or e-mail Abstract: VA Form 10–0507 will be Veterans Affairs (VA), is announcing an [email protected]. Please refer to used to request feedback from veterans opportunity for public comment on the ‘‘OMB Control No. 2900–0500’’ in any on the content and presentation material proposed collection of certain correspondence. During the comment contained in the Veterans Health information by the agency. Under the period, comments may be viewed online Benefits Handbook. VA will use the data Paperwork Reduction Act (PRA) of through the FDMS. collected to determine how well the 1995, Federal agencies are required to handbook meets veterans’ individual FOR FURTHER INFORMATION CONTACT: publish notice in the Federal Register needs. Nancy J. Kessinger at (202) 461–9769 or concerning each proposed collection of Affected Public: Individuals and FAX (202) 275–5947. information, including each new households. SUPPLEMENTARY INFORMATION: Under the collection, and allow 60 days for public Estimated Annual Burden: 135 hours. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. comment in response to the notice. This Estimated Average Burden per 3501–3521), Federal agencies must notice solicits comments on eligibility Respondent: 5 minutes. obtain approval from the Office of and benefits information contained in Frequency of Response: One time. Management and Budget (OMB) for each Veterans Health Benefits handbook. Estimated Number of Respondents: collection of information they conduct DATES: Written comments and 1,622. or sponsor. This request for comment is recommendations on the proposed being made pursuant to Section Dated: October 6, 2010. collection of information should be 3506(c)(2)(A) of the PRA. received on or before December 13, By direction of the Secretary. With respect to the following 2010. Denise McLamb, collection of information, VBA invites Program Analyst, Enterprise Records Service. ADDRESSES: Submit written comments comments on: (1) Whether the proposed on the collection of information through [FR Doc. 2010–25532 Filed 10–8–10; 8:45 am] collection of information is necessary the Federal Docket Management System BILLING CODE 8320–01–P for the proper performance of VBA’s (FDMS) at www.Regulations.gov; or to functions, including whether the Cynthia Harvey Pryor, Veterans Health information will have practical utility; Administration (193E1), Department of DEPARTMENT OF VETERANS (2) the accuracy of VBA’s estimate of the Veterans Affairs, 810 Vermont Avenue, AFFAIRS burden of the proposed collection of NW., Washington, DC 20420 or e-mail: [OMB Control No. 2900–0500] information; (3) ways to enhance the [email protected]. Please quality, utility, and clarity of the refer to ‘‘2900-New (VA Form 10–0507)’’ Proposed Information Collection information to be collected; and (4) in any correspondence. During the (Status of Dependents Questionnaire) ways to minimize the burden of the comment period, comments may be Activity: Comment Request collection of information on viewed online through FDMS. respondents, including through the use AGENCY: Veterans Benefits FOR FURTHER INFORMATION CONTACT: of automated collection techniques or Administration, Department of Veterans the use of other forms of information Cynthia Harvey-Pryor (202) 461–5870 or Affairs. FAX (202) 273–9387. technology. ACTION: Notice. Title: Status of Dependents SUPPLEMENTARY INFORMATION: Under the Questionnaire, VA Form 21–0538. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. SUMMARY: The Veterans Benefits OMB Control Number: 2900–0500. 3501–3521), Federal agencies must Administration (VBA) is announcing an Type of Review: Extension of a obtain approval from OMB for each opportunity for public comment on the currently approved collection. collection of information they conduct proposed collection of certain Abstract: Veterans receiving or sponsor. This request for comment is information by the agency. Under the compensation for service-connected being made pursuant to Section Paperwork Reduction Act (PRA) of disability which includes an additional 3506(c)(2)(A) of the PRA. 1995, Federal agencies are required to amount for their spouse and/or With respect to the following publish notice in the Federal Register child(ren) complete VA Form 21–0538 collection of information, VHA invites concerning each proposed collection of to certify the status of the dependents comments on: (1) Whether the proposed information, including each proposed for whom additional compensation is collection of information is necessary extension of a currently approved being paid. for the proper performance of VHA’s collection, and allow 60 days for public Affected Public: Individuals or functions, including whether the comment in response to the notice. This households. information will have practical utility; notice solicits comments on information Estimated Annual Burden: 14,083 (2) the accuracy of VHA’s estimate of needed to determine a veteran’s hours.

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62637

Estimated Average Burden Per Estimated Number of Respondents: By direction of the Secretary. Respondent: 10 minutes. 84,500. Denise McLamb, Frequency of Response: Once every Dated: October 6, 2010. Program Analyst, Enterprise Records Service. eight years. [FR Doc. 2010–25533 Filed 10–8–10; 8:45 am] BILLING CODE 8320–01–P

VerDate Mar<15>2010 17:43 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00140 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 srobinson on DSKHWCL6B1PROD with NOTICES Tuesday, October 12, 2010

Part II

Department of Transportation Federal Aviation Administration

14 CFR Parts 1, 91, 120, and 135 Air Ambulance and Commercial Helicopter Operations, Part 91 Helicopter Operations, and Part 135 Aircraft Operations; Safety Initiatives and Miscellaneous Amendments; Proposed Rule

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62640 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

DEPARTMENT OF TRANSPORTATION Room W12–140 of the West Building Authority for This Rulemaking Ground Floor at 1200 New Jersey The FAA’s authority to issue rules on Federal Aviation Administration Avenue, SE., Washington, DC, between aviation safety is found in Title 49 of the 9 a.m. and 5 p.m., Monday through United States Code. This rulemaking is 14 CFR Parts 1, 91, 120, and 135 Friday, except Federal holidays. promulgated under the authority [Docket No. FAA–2010–0982; Notice No. 10– • Fax: Fax comments to Docket described in 49 U.S.C. 44701(a)(4), 13] Operations at 202–493–2251. which requires the Administrator to RIN 2120–AJ53 For more information on the promulgate regulations in the interest of rulemaking process, see the safety for the maximum hours or Air Ambulance and Commercial SUPPLEMENTARY INFORMATION section of periods of service of airmen and other Helicopter Operations, Part 91 this document. employees of air carriers, and 49 U.S.C. Helicopter Operations, and Part 135 Privacy: We will post all comments 44701(a)(5), which requires the Aircraft Operations; Safety Initiatives we receive, without change, to http:// Administrator to promulgate regulations and Miscellaneous Amendments www.regulations.gov, including any and minimum standards for other personal information you provide. practices, methods, and procedures AGENCY: Federal Aviation necessary for safety in air commerce and Administration (FAA), DOT. Using the search function of our docket web site, anyone can find and read the national security. ACTION: Notice of proposed rulemaking electronic form of all comments (NPRM). List of Terms and Acronyms Frequently received into any of our dockets, Used in This Document including the name of the individual SUMMARY: This proposed rule addresses AC—Advisory Circular air ambulance and commercial sending the comment (or signing the ARC—Aviation Rulemaking Committee helicopter operations, part 91 helicopter comment for an association, business, CFIT—Controlled flight into terrain operations, and load manifest labor union, etc.). You may review CVR—Cockpit voice recorder requirements for all part 135 aircraft. DOT’s complete Privacy Act Statement EMS—Emergency medical service From 2002 to 2008, there has been an in the Federal Register published on FDR—Flight data recorder increase in fatal helicopter air April 11, 2000 (65 FR 19477–78) or you GPS—Global positioning system may visit http://DocketsInfo.dot.gov. HTAWS—Helicopter Terrain Awareness and ambulance accidents. To address these Warning System safety concerns, the FAA is proposing to Docket: To read background IFR—Instrument flight rules implement operational procedures and documents or comments received, go to IMC—Instrument meteorological conditions require additional equipment on board http://www.regulations.gov at any time LARS—Light-weight aircraft recording helicopter air ambulances. Many of and follow the online instructions for system these proposed requirements currently accessing the docket, or, the Docket NM—Nautical mile are found in agency guidance Operations in Room W12–140 of the NTSB—National Transportation Safety Board NVG—Night vision goggles publications and would address West Building Ground Floor at 1200 NVIS—Night-vision imaging system National Transportation Safety Board New Jersey Avenue, SE., Washington, SAFO—Safety Alert for Operators (NTSB) safety recommendations. Some DC, between 9 a.m. and 5 p.m., Monday TAWS—Terrain Avoidance and Warning of these safety concerns are not unique through Friday, except Federal holidays. System to the helicopter air ambulance industry TSO—Technical Standard Order FOR FURTHER INFORMATION CONTACT: For and affect all commercial helicopter VFR—Visual flight rules technical questions concerning this VMC—Visual meteorological conditions operations. Accordingly, the FAA also is proposed rule contact Edwin Miller, proposing to amend regulations Flight Standards Service, Part 135 Air Table of Contents pertaining to all commercial helicopter Carrier Operations Branch, AFS–250, I. Executive Summary operations conducted under part 135 to Federal Aviation Administration, 800 II. Background include equipment requirements, pilot Independence Avenue, SW., A. Statement of the Problem training, and alternate airport weather Washington, DC 20591; telephone (202) B. Helicopter Air Ambulance Operations minima. The changes are intended to 267–8166; facsimile (202) 267–5229; C. FAA Actions D. National Transportation Safety Board provide certificate holders and pilots e-mail [email protected]. with additional tools and procedures (NTSB) Safety Recommendations that will aid in preventing accidents. For legal questions concerning this E. Congressional Action proposed rule contact Dean Griffith, III. Discussion of the Proposal DATES: Send your comments on or Office of the Chief Counsel, AGC–220, A. Helicopter Air Ambulance Operations before January 10, 2011. Federal Aviation Administration, 800 1. Operational Procedures ADDRESSES: You may send comments a. Part 135 Applicability (§ 135.1) Independence Avenue, SW., b. Operations Control Centers (§ 135.617) identified by docket number FAA– Washington, DC 20591; telephone (202) 2010–0982 using any of the following c. VFR/IFR Procedures 267–3073; facsimile (202) 267–7971; i. Increase VFR Weather Minima methods: e-mail [email protected]. • (§ 135.607) Federal eRulemaking Portal: Go to ii. IFR Operations at Airports and Heliports SUPPLEMENTARY INFORMATION: http://www.regulations.gov and follow Without Weather Reporting (§ 135.609) the online instructions for sending your Later in this preamble under the iii. IFR to VFR/Visual Transitions comments electronically. Additional Information section, we (§ 135.611) • Mail: Send comments to Docket discuss how you can comment on this iv. VFR Flight Planning (§ 135.613) Operations, M–30; U.S. Department of proposal and how we will handle your d. Pre-Flight Risk Analysis (§ 135.615) Transportation, 1200 New Jersey comments. Included in this discussion e. Medical Personnel Pre-Flight Briefing is related information about the docket, (§ 135.619) Avenue, SE., Room W12–140, West 2. Equipment Requirements Building Ground Floor, Washington, DC privacy, and the handling of proprietary a. Helicopter Terrain Awareness and 20590–0001. or confidential business information. Warning Systems (HTAWS) (§ 135.605) • Hand Delivery or Courier: Take We also discuss how you can get a copy b. Light-Weight Aircraft Recording System comments to Docket Operations in of related rulemaking documents. (LARS)

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62641

3. Pilot Requirements 2. Load Manifest Requirements for all Part Appendix to the Preamble—Additional a. Instrument Rating (§ 135.603) 135 Aircraft (§ 135.63) Accident Discussions b. Flight and Duty Time Limitations IV. Paperwork Reduction Act The Proposed Amendment (§§ 135.267 and 135.271) V. International Compatibility I. Executive Summary B. Commercial Helicopter Operations VI. Regulatory Evaluation, Regulatory (Including Air Ambulance Operations) Flexibility Determination, International This NPRM proposes requirements for 1. Operational Procedures Trade Impact Assessment, and Unfunded all part 135 aircraft, part 91 helicopter a. IFR Alternate Airport Weather Minima Mandates Assessment operations, and air ambulance and (§ 135.221) VII. Executive Order 13132, Federalism commercial helicopter operations. The 2. Equipment Requirements proposal aims to address safety a. Radio Altimeter (§ 135.160) VIII. Regulations Affecting Intrastate Aviation b. Safety Equipment for Over-Water Flights in Alaska concerns arising from an increase in air (§§ 1.1, 135.167, and 135.168) IX. Environmental Analysis ambulance related fatalities from 2002 3. Training—Recovery From Inadvertent X. Regulations That Significantly Affect to 2008. Flight Into IMC (§ 135.293) Energy Supply, Distribution, or Use As described in further detail C. Miscellaneous XI. Availability of Rulemaking Documents throughout this document, the NPRM 1. Part 91 Weather Minima (§ 91.155) XII. Additional Information proposes the following requirements:

Affected entities Proposal

Part 135—All Aircraft ...... • Permit operators to transmit a copy of load manifest documentation to their base of operations, in lieu of preparing a duplicate copy. • Specify requirements for retaining a copy of the load manifest in the event that the documentation is destroyed in an aircraft accident. Part 91—Helicopter Operations ...... • Revision of part 91 Visual Flight Rules (VFR) weather minimums. All Commercial Helicopter Operations • Revision of commercial helicopter instrument flight rules (IFR) alternate airport weather minimums. (Operating Requirements). • Require helicopter pilots to demonstrate competency in recovery from inadvertent instrument mete- orological conditions. • Require all commercial helicopters to be equipped with radio altimeters. • Change definition of ‘‘extended over-water operation,’’ and require additional equipment for these op- erations. Air Ambulance Operations (Operating • Require air ambulance flights with medical personnel on board to be conducted under part 135, in- Requirements and Equipage). cluding flight crew time limitation and rest requirements. • Require certificate holders with 10 or more helicopter air ambulances to establish operations control centers. • Require helicopter air ambulance certificate holders to implement pre-flight risk-analysis programs. • Require safety briefings for medical personnel on helicopter air ambulances. • Amend helicopter air ambulance operational requirements to include VFR weather minimums, IFR operations at airports/heliports without weather reporting, procedures for VFR approaches, and VFR flight planning. • Require pilots in command to hold an instrument rating. • Require equipage with Helicopter Terrain Awareness and Warning Systems (HTAWS), and possibly light-weight aircraft recording systems (LARS).

In aggregate, the FAA estimates the $225 million, with a range of total The table below summarizes the mean present value of the total monetizable benefits from $83 million present value range of total aggregate monetizable costs of these proposals to $1.98 billion (over 10 years, 7% monetizable costs and benefits the FAA (over 10 years, 7% discount rate) to be discount rate). estimates as a result of this rule:

1 Range (in millions) (over 10 Summary of monetizable costs and benefits years, 7% discount rate)

Air Ambulance ...... $62 to $1,500. Commercial ...... $21 to $480.

Total Benefits ...... $83 to $1,980. Air Ambulance ...... $136. Commercial ...... $89.

Total Costs ...... $225.

The FAA requests comments on the or increasing the benefits. While the II. Background analysis underlying these estimates, as FAA has concluded that the aggregate A. Statement of the Problem well as possible approaches to reduce benefits justify the aggregate costs, the costs of this rule while maintaining under some scenarios, the monetizable The helicopter air ambulance industry benefits may fall short of the experienced a significant increase in 1 ‘‘Air ambulance’’ applies to helicopter air monetizable costs. The FAA seeks fatal accidents in 2008, making it the ambulance operations. ‘‘Commercial’’ applies to all comments on possible changes or deadliest year on record for the part 135 aircraft operations, excluding helicopter air flexibilities that might improve the rule. industry. During that year, six accidents ambulance operations. claimed 24 lives, including those of

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62642 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

pilots, patients, and medical personnel. weather minima would enhance the are now transported by helicopter each In addition, there were three non-fatal safety of all part 135 helicopter year.8 accidents in 2008. However, helicopter operations. As of February 2009, the FAA air accidents were not confined to 2008. Prior to developing this proposed authorized 74 certificate holders to From 1992 through 2009, there were 135 rule, the FAA undertook initiatives to conduct helicopter air ambulance helicopter air ambulance accidents, address the common factors that operations. These certificate holders operate approximately 850 helicopters including one midair collision with contribute to helicopter air ambulance in air ambulance operations. The size of another helicopter engaged in an air accidents including issuing notices, ambulance operation. These helicopter these operations varies greatly. The handbook bulletins, operations air ambulance accidents resulted in 126 smallest operators only have one or two specifications, and advisory circulars fatalities. In a 2009 report, the U.S. helicopters and operate in one region; (ACs); this proposed rule would codify Government Accountability Office the largest operators may have hundreds many of these initiatives. (GAO) recognized that air ambulance of helicopters across the United States. accidents reached historic levels from Additionally, this proposal addresses Of the 50 largest certificate holders 2003 through 2008.2 National Transportation Safety Board operating under part 121 or 135, as Helicopter accidents, however, have (NTSB) safety recommendations and measured by the number of aircraft not been limited to the air ambulance recommendations made by the Part 125/ operated, six conduct helicopter air industry. The FAA identified 75 135 Aviation Rulemaking Committee ambulance operations. The tenth largest commercial helicopter accidents, (ARC) concerning helicopter air air carrier in the United States, Air occurring from 1994 through 2008 with ambulance and commercial helicopter Methods Corporation, is a helicopter air causal factors that are addressed in this operations. This includes a proposal to ambulance operator. proposal. These accidents involving adopt amendments to load manifest The following is a breakdown of the commercial helicopter operations requirements for single-engine part 135 number of helicopter air ambulances resulted in 88 fatalities. These accidents operations, consistent with an NTSB operated by the 74 certificate holders do not include the helicopter air Safety Recommendation developed in permitted to conduct helicopter air ambulance accidents discussed above. response to a 1997 accident. ambulance operations as of February, After reviewing the accident data, the 2009: 38 certificate holders have 5 or FAA identified controlled flight into B. Helicopter Air Ambulance Operations fewer helicopters; 14 certificate holders have 6 to 10 helicopters; 6 certificate terrain (CFIT), loss of control (LOC), The helicopter air ambulance industry holders have 11 to 15 helicopters; and inadvertent flight into instrument is relatively young but has experienced 16 certificate holders have more than 16 meteorological conditions (IMC), and rapid growth during its existence. The helicopters. accidents during night conditions as industry’s evolution has not produced a four common factors in helicopter air Certificate holders’ air ambulance uniform model of operations; rather ambulance accidents. A review of programs and operational practices vary certificate holders vary in size and commercial helicopter accidents also as to whether they conduct IFR or VFR scope of operations. In addition, as demonstrated that these accidents may operations, perform formal pre-flight discussed below, helicopter air have been prevented if pilots and risk analyses, or use operations control ambulance operations present unique helicopters were better equipped for centers. In addition, certificate holders encounters with inadvertent flight into challenges meriting regulation beyond equip their helicopters differently. For IMC, flat-light,3 whiteout,4 and that traditionally applied to part 135 example, some helicopters are brownout 5 conditions, and for flights commercial helicopter operations. permanently configured for full-time air over water. The FAA also determined Helicopter air medical transportation ambulance operations while others are that enhancements to safety equipment was first used prominently during the not; some are equipped for IFR for over-water operations and Korean War to move injured soldiers operations while others are equipped for establishing more stringent instrument from the battlefield. Since then, VFR-only operations; and helicopter air flight rules (IFR) alternate airport helicopters have been used to transport ambulances have varying situational- critically injured patients and donor awareness technology (such as night 2 GAO, Aviation Safety: Potential Strategies to organs to hospitals because of their vision goggles, HTAWS, radio Address Air Ambulance Safety Concerns (2009). capability to provide rapid altimeters, etc.) on board. 3 The NTSB describes flat-light conditions in Helicopter air ambulance operations NTSB Safety Recommendation A–02–33 as ‘‘the transportation over long distances from diffuse lighting that occurs under cloudy skies remote locations. The first commercial present several unique operating especially when the ground is snow covered. Under helicopter air ambulance program began characteristics that make them distinct flat light conditions, there are no shadows cast, and operation in 1972. The industry grew from other types of part 135 helicopter the topography of snow-covered surfaces is operations. Such operations are often impossible to judge. Flat light greatly impairs a significantly in the 1980s, and is pilot’s ability to perceive depth, distance, altitude, continuing to grow.6 Between 2003 and time-sensitive and crucial to getting a or topographical features when operating under 2008, the Association of Air Medical critically ill or injured patient to a visual flight rules (VFR).’’ Services reported a 54 percent increase medical facility as efficiently as 4 AC 00–6A, Aviation Weather for Pilots and in the number of helicopters used by its possible, which may influence flight Flight Operations Personnel, describes whiteout crews to fly under circumstances that conditions as a ‘‘visibility restricting phenomenon members in helicopter air ambulance that occurs in the Arctic when a layer of cloudiness operations.7 The NTSB estimates that they otherwise would not. In addition, of uniform thickness overlies a snow or ice-covered 400,000 patients and transplant organs surface. Parallel rays of the sun are broken up and 8 Testimony of the Hon. Robert L. Sumwalt, III, diffused when passing through the cloud layer so Board Member NTSB, Before the Subcommittee on that they strike the snow surface from many angles. 6 National Transportation Safety Board: Safety Aviation, Committee on Transportation and The diffused light then reflects back and forth Study—Commercial Emergency Medical Service Infrastructure, U.S. House of Representatives, April countless times between the snow and the cloud Helicopter Operations, NTSB/SS–88/01 (Jan. 28, 22, 2009, available at http:// eliminating all shadows. The result is a loss of 1988), available at http://www.ntsb.gov/Dockets/ transportation.house.gov/hearings/ depth perception.’’ Aviation/DCA09SH001/410702.pdf. hearingDetail.aspx?NewsID=865; transcript URL: 5 Brownout conditions occur when sand or other 7 See GAO, Aviation Safety: Potential Strategies to http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? particles restrict visibility and depth perception. Address Air Ambulance Safety Concerns 4 (2009). dbname=111_house_hearings&docid=f:49001.pdf.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62643

these operations often are conducted FAA, and other participants to obtain a describing acceptable models for LOC under challenging conditions. For balance of views, interests, and and CFIT accident avoidance programs. example, helicopter air ambulances expertise. The ARC made In January 2006, the FAA amended operate generally at low altitudes and recommendations pertaining to Operations Specification A021, which is under varied weather conditions. helicopter air ambulance operations and issued to all certificate holders Operations are conducted year-round, in other commercial helicopter operations conducting helicopter air ambulance rural and urban settings, in that form the basis of several of the operations, to establish VFR weather mountainous and non-mountainous proposals in this NPRM, including requirements, including consideration terrain, during the day and at night, and equipping helicopters with radio of adverse effects of ambient lighting at in IFR and visual meteorological altimeters, increasing weather minima night and mountainous terrain. conditions (VMC). Remote-site landings for helicopter air ambulance operations, Following the 2008 accidents, the FAA pose additional challenges. These requiring additional safety equipment again amended Operations Specification remote sites are often unfamiliar to a for over-water operations, requiring A021 to address VFR weather pilot and, unlike an airport or heliport, pilot testing on recovery from requirements, applied those weather may contain hazards such as trees, inadvertent flight into IMC, and revising requirements to all flights with medical buildings, towers, wires, and uneven IFR alternate airport weather personnel on board, required a flight terrain. Additionally, in an emergency, requirements. planning requirement, and allowed IFR patients cannot choose which operator In August 2004, the FAA established approaches when a pilot could consult provides transportation, and because of a task force to review and guide a weather reporting source within 15 their injuries, may not be able to government and industry efforts to miles of the landing location. participate in the decision to use reduce helicopter air ambulance In 2006, RTCA, Inc.,9 at the FAA’s helicopter transport. These patients are accidents. The task force review of request, established a special committee often transported by the first company commercial helicopter air ambulance to develop HTAWS standards. In to accept the flight assignment from an accidents for the period of January 1998 December 2008, the FAA issued emergency medical service dispatcher. through December 2004 revealed that Technical Standard Order (TSO)–C194, The FAA believes that these individuals CFIT, night operations, and inadvertent Helicopter Terrain Awareness and should therefore be afforded the flight into IMC were the predominant Warning System (HTAWS), based on the protection of an enhanced regulation for factors contributing to those accidents. minimum operational performance helicopter air ambulances. On January 28, 2005, the FAA issued standards developed by the committee. As described in the section below, the Notice 8000.293, Helicopter Emergency This TSO establishes the technical FAA has taken steps through non- Medical Services Operations, addressing baseline for the HTAWS requirement in regulatory means to improve helicopter CRM, adherence to procedures, and this proposal. air ambulance safety; however, in pilot decisionmaking skills in helicopter The FAA issued AC 120–96, consideration of the industry’s accident air ambulance operations. This notice Integration of Operations Control history, characteristics unique to was later incorporated into Safety Alert Centers into Helicopter Emergency helicopter air ambulance operations, for Operators (SAFO) 06001, Helicopter Medical Services Operations (May 5, and the lack of standardization among Emergency Medical Services (HEMS) 2008), that provides guidance to certificate holders’ practices, the FAA Operations (Jan. 28, 2006). On August 1, certificate holders for establishing believes that additional regulations are 2005, the FAA issued Notice 8000.301, operations control and dispatch centers. necessary to ensure the safety of these Operational Risk Assessment Programs The information in AC 120–96 formed flights. for Helicopter Emergency Medical the foundation of this proposal’s Services, providing guidance on requirement for certain certificate C. FAA Actions operational risk assessment programs, holders to establish operations control In response to the increasing number including training of flightcrews and centers. of accidents involving helicopter air medical personnel. In 2008, through Notice 8900.57, Part ambulances, the FAA has developed In AC 00–64, Air Medical Resource 135 Helicopter Training Program and standards over the years for weather Management, issued September 22, Manual Revisions, the FAA minima and for helicopter terrain 2005, the FAA recommended minimum implemented several pilot training awareness and warning systems guidelines for air medical resource program revisions applicable to part 135 (HTAWS), and formalized dispatch management training for all air medical helicopter training programs in response procedures. In addition, the FAA has service operations team members, to NTSB safety recommendations A–02– issued guidance for operational including pilots, maintenance 34 and A–02–35, including procedures improvements in areas that address personnel, medical personnel, for mitigating and recovering from Crew Resource Management (CRM), communications specialists, and other brownout, whiteout, and flat-light CFIT, inadvertent flight into IMC, air medical team members. In Notice conditions. operational control, improved access to 8000.307, Special Emphasis Inspection On January 12, 2009, through Notice weather information, risk management, Program For Helicopter Emergency 8900.63, Validation of HEMS Safety improvement of organizational safety Medical Services, issued September 27, Initiatives, the FAA, in an effort to culture, and aeronautical 2005, the FAA addressed a special identify how well its voluntary decisionmaking skills. The following emphasis inspection program for programs had been accepted, surveyed provides a summary of many of the helicopter air ambulance operators, the operators through their Principal actions taken by the FAA. focusing on operational control, risk Operations Inspectors. Survey results On April 8, 2003, the FAA formed the assessment, and training programs. On indicated that 94 percent of the Part 125/135 ARC to perform a January 24, 2006, the FAA issued comprehensive review of parts 125 and handbook bulletin HBAT 06–02, 9 RTCA, Inc. is a private, not-for-profit 135 and provide recommendations on Helicopter Emergency Services (HEMS) corporation that develops consensus-based recommendations regarding communications, rule changes. ARC members included Loss of Control (LOC) and Controlled navigation, surveillance, and air traffic management aviation associations, industry Flight into Terrain (CFIT) Accident (CNS/ATM) system issues. RTCA, Inc. functions as representatives, employee groups, the Avoidance Programs, to FAA inspectors a Federal Advisory Committee.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62644 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

operators had established risk- such as spatial disorientation, lack of devices and establish a structured flight assessment programs, 89 percent had general awareness, loss of control, poor data monitoring program that reviews training in LOC and CFIT, 89 percent decision making, failure to maintain all available data sources to identify were using operations control centers, clearance of obstacles, inadequate deviations from established norms and 41 percent were using terrain awareness planning, and improper execution of procedures and other potential safety and warning systems (TAWS), 11 standard operating procedures. issues. (Discussed in section III.A.2.b.) percent were using flight data recorders NTSB safety recommendations The FAA notes that the NTSB used (FDR), and 94 percent were using radio addressed by this rulemaking include the term ‘‘emergency medical services altimeters. the following: operators’’ or ‘‘EMS operators’’ in its D. National Transportation Safety Board Recommendations on Helicopter Air recommendations. However, the FAA (NTSB) Safety Recommendations Ambulance Operations uses the term ‘‘helicopter air ambulance operators’’ in this proposed rulemaking. In 1988, the NTSB conducted a safety A–06–12: Recommends that the FAA The FAA also notes that NTSB Safety study of emergency medical service require all emergency medical services Recommendations A–06–12 through A– operations that examined 59 operators to comply with 14 CFR part 06–14 addressed both fixed-wing and 10 accidents. This study determined that 135 operations specifications during the helicopter air ambulance operations. As the helicopter air ambulance accident conduct of all flights with medical previously noted, while some rate was almost twice the estimated personnel on board. (Discussed in provisions of the proposal extend to accident rate of non-scheduled part 135 sections III.A.1.a. and III.A.3.b.) other types of aircraft and commercial helicopter air taxi operations, and were A–06–13: Recommends that the FAA 11 helicopter operations more broadly, the 3.5 times more likely to be fatal. The require all emergency medical services FAA is focusing largely on helicopter air NTSB found reduced visibility to be the operators to develop and implement ambulance safety in this rulemaking. most common factor associated with flight-risk evaluation programs that Although this proposed rule primarily such crashes. include training all employees involved focuses on helicopter air ambulance In January 2006, the NTSB conducted in the operation, procedures that safety, it also addresses additional a special investigation of emergency support the systematic evaluation of NTSB recommendations, listed below. medical services operations and issued flight risks, and consultation with others four recommendations to the FAA.12 in emergency medical service (EMS) Recommendations on Commercial These recommendations are discussed flight operations if the risks reach a Helicopter Operations in sections III.A.1.a., III.A.1.b., III.A.1.d., predefined level. (Discussed in section A–02–33: Recommends that the FAA III.A.2.a., and III.A.3.b. III.A.1.d.) require all helicopter pilots who In February 2009, the NTSB held a A–06–14: Recommends that the FAA conduct commercial, passenger-carrying public hearing on ‘‘Helicopter require emergency medical services flights in areas where flat-light or Emergency Medical Services’’ to operators to use formalized dispatch whiteout conditions routinely occur to examine the safety issues associated and flight-monitoring procedures that possess a helicopter-specific instrument with these operations and gather include up-to-date weather information rating and to demonstrate their testimony from government, operators, and assistance in flight risk assessment competency during initial and recurrent industry associations, manufacturers, decisions. (Discussed in section 14 CFR 135.293 evaluation check rides. and hospitals.13 In September 2009, the III.A.1.b.) NTSB issued a series of safety A–06–15: Recommends that the FAA (Discussed in section III.B.3.) recommendations based on the findings require emergency medical services A–02–34: Recommends that the FAA of the February hearing. The operators to install terrain awareness require all commercial helicopter recommendations that are addressed by and warning systems on their aircraft operators conducting passenger-carrying this rulemaking are discussed in and to provide adequate training to flights in areas where flat-light or sections III.A.1.b., III.A.1.d., III.A.2.b., ensure that flight crews are capable of whiteout conditions routinely occur to and III.B.3. The FAA has determined using the systems to safely conduct EMS include safe practices for operating in that the remaining September 2009 operations. (Discussed in section flat-light or whiteout conditions in their recommendations are not ready for III.A.2.a.) approved training programs. (Discussed rulemaking at this time. A–09–87: Recommends that the FAA in section III.B.3.) The NTSB also made develop criteria for scenario-based A–02–35: Recommends that the FAA recommendations to public aircraft helicopter emergency medical services require the installation of radio operators, the Federal Interagency pilot training that includes inadvertent altimeters in all helicopters conducting Emergency Medical Services flight into instrument meteorological commercial, passenger-carrying Committee, and the U.S. Department of conditions and hazards unique to operations in areas where flat-light or Health and Human Services’ Centers for helicopter emergency medical services whiteout conditions routinely occur. Medicare & Medicaid Services. (HEMS) operations, and determine how (Discussed in section III.B.2.a.) As a result of its investigations and frequently this training is required to A–06–17: Recommends that the FAA studies, the NTSB identified several ensure proficiency. (Discussed in require all rotorcraft operating under [14 probable causes of helicopter accidents, section III.B.3.) CFR] parts 91 and 135 with a transport- A–09–89: Recommends that the FAA category certification to be equipped 10 Commercial Emergency Medical Service require helicopter air ambulance with a cockpit voice recorder (CVR) and Helicopter Operations, Safety Study NTSB/SS–88/ 01 (Washington, DC: National Transportation Safety operators implement a safety flight data recorder (FDR). (Discussed in Board, 1988). management system program that section III.A.2.b.) 11 Id. at 7. includes sound risk management A–07–87: Recommends that the FAA 12 NTSB, Special Investigation Report on practices. (Discussed in sections require all existing and new turbine- Emergency Medical Services Operations (NTSB/ III.A.1.b., III.A.1.d, and III.A.2.b.) powered helicopters operating in the SIR–06/01) (Jan. 25, 2006). Gulf of Mexico and certificated with five 13 NTSB, Public Hearing Summary, available at A–09–90: Recommends that the FAA http://www.ntsb.gov/Events/Hearing-HEMS/ require helicopter air ambulance or more seats to be equipped with HEMS_Summary.pdf. operators install flight data recording externally mounted life rafts large

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62645

enough to accommodate all occupants. A comparison of the accidents that includes instances where the medical (Discussed in section III.B.2.b.) occurred between 2000 and 2008 reveals personnel are employees of the operator. A–07–88: Recommends that the FAA that there were 66 commercial The safety of helicopter air ambulance require all offshore helicopter operators helicopter accidents (including 23 fatal flights, including the welfare of the in the Gulf of Mexico provide their accidents resulting in 65 fatalities) and medical personnel and patients on those flight crews with personal flotation 98 helicopter air ambulance accidents flights, would be increased if operators devices equipped with a waterproof, (including 35 fatal accidents resulting in were required to comply with the more global-positioning-system-enabled 406 94 fatalities) during that time. The stringent part 135 rules. megahertz personal locater beacon, as percentage of fatalities between the two Helicopter air ambulance operations well as one other signaling device, such categories was essentially the same. generally consist of two- or three-leg as a signaling mirror or strobe light. Given the equivalent risk of fatality if flights. Currently, the non-patient- (Discussed in section III.B.2.b.) involved in an accident, the FAA has carrying legs of those operations may be Other Recommendations determined that it must focus its efforts conducted under part 91 because on reducing the higher risk of helicopter certificate holders consider medical A–99–61: Recommends that the FAA air ambulances being involved in an personnel on board the aircraft to be amend recordkeeping requirements in accident in the first place. crewmembers and the non-patient § 135.63(c) to apply to single-engine as This proposal, if adopted, would transport legs to be positioning flights. well as multiengine aircraft. (Discussed implement new regulations, and revise This approach is consistent with current in section III.C.2.) existing regulations, to address the FAA guidance to inspectors, which E. Congressional Action causes and factors of commercial and notes that if medical personnel are helicopter air ambulance accidents crewmembers, they are not considered Legislation has been introduced in identified by the FAA and the NTSB. passengers, and that flights with only both the House of Representatives and The FAA notes that compliance dates of crewmembers on board may be the Senate in the 111th Congress, and in the proposed regulations would vary, as conducted under part 91.16 earlier Congresses, addressing several of noted in discussions below. The FAA However, the FAA notes that the the issues raised in this rulemaking. In believes that many of the accidents primary purpose of having medical addition, on April 22, 2009, the House reviewed could have been prevented if personnel on board helicopter air Transportation and Infrastructure’s these proposals had been in place ambulance flights is to provide medical Subcommittee on Aviation held a during this 19-year period. care to the patients being transported, hearing on oversight of helicopter The FAA has also determined that the and they ‘‘cannot be expected to medical services. The Subcommittee safety of commercial air operations meaningfully participate in the heard from a variety of government, could be enhanced by requiring a load decision-making process to enhance industry, and public representatives manifest for all part 135 operations and flight safety or to significantly who testified on the House helicopter is proposing to amend its rules contribute to operational control of the air ambulance safety legislation, NTSB accordingly. flight.’’ 17 Accordingly, the FAA believes safety recommendations, and FAA these individuals should be afforded the actions to mitigate helicopter air A. Helicopter Air Ambulance same safety protections of part 135 as ambulance accidents. Operations those given to patients on board The following provisions would apply III. Discussion of the Proposal helicopter air ambulance flights. to all helicopter air ambulance Air ambulance accidents have In determining how to improve the operations, conducted under part 135. occurred during all phases of flight. The safety of helicopter air ambulance These proposals include new NTSB found that 35 of the 55 accidents operations, as well as all other operational and equipment it studied for its Special Investigation commercial helicopter operations, the requirements for these certificate Report occurred during part 91 FAA reviewed approximately 4,000 holders. This rule does not address operations with medical personnel, but accidents that involved helicopters in fixed-wing air ambulance operations. no patient, on board.18 The NTSB cited the United States (excluding U.S. The FAA chose to focus on helicopter two examples of fatal accidents that may territories). Of those accidents, the FAA air ambulance operations because a have been prevented if the operations identified 75 commercial helicopter predominance of the accidents involved had been conducted according to the accidents and 127 helicopter air helicopter air ambulances,14 and weather minima contained in the part ambulance accidents that occurred approximately 74 percent of the air 135 operations specifications issued to between 1994 and 2008 with causal ambulance fleet is composed of certificate holders conducting helicopter factors that are addressed in this helicopters.15 proposal. The accidents involving air ambulance operations in effect at the commercial helicopter operations 1. Operational Procedures time of the investigation. The first resulted in 88 fatalities, 29 serious a. Part 135 Applicability (§ 135.1) accident, which took place in Salt Lake City, UT, in 2003, involved a helicopter injuries, and 42 minor injuries; 28 The FAA is proposing to amend (approximately 37 percent) involved air ambulance that crashed into terrain § 135.1 to require that all helicopter air when weather conditions were below one or more fatalities, and 47 had no ambulance operations with medical fatalities. The accidents involving part 135 minima. The other accident personnel on board be conducted under occurred in Redwood Valley, CA, when helicopter air ambulance operations the operating rules of part 135. This resulted in 126 fatalities, 50 serious a helicopter air ambulance crashed into injuries, and 42 minor injuries; 46 mountainous terrain during high winds 14 41 of the 55 air ambulance accidents and heavy rain. The NTSB concluded (approximately 36 percent) involved highlighted by the NTSB in its 2006 Special one or more fatalities, and 81 had no Investigation Report involved helicopters. See 16 fatalities. In addition to injuries and NTSB, Special Investigation Report on Emergency Order 8900.1, vol. 4, chapter 5, section 4. Medical Services Operations, App’x B (2006). 17 NTSB, Special Investigation Report on fatalities, there also was significant 15 See GAO, Aviation Safety: Potential Strategies Emergency Medical Services Operations (2006). damage or complete hull loss for these to Address Air Ambulance Safety Concerns 1 18 NTSB, Special Investigation Report on accidents. (2009). Emergency Medical Services Operations (2006).

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62646 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

that air ambulance operations would be § 135.601 with language based on that developing this proposal, the FAA improved if required to operate under found in AC 135–14A, with sought to standardize operations control the part 135 operating rules and that the modifications. Unlike AC 135–14A, the centers by codifying the concepts of AC minimal contribution of medical proposed definition does not address 120–96 into a framework appropriate for personnel to the safe operation of air the types of duties performed by helicopter air ambulance operations. ambulance flights is not sufficient to medical personnel on the helicopter The FAA notes that a January 2009 FAA justify operating under the less-stringent other than providing medical care. The survey of inspectors with oversight of part 91 requirements. Those accidents proposal would not preclude medical helicopter air ambulance operations formed the basis for the NTSB Safety personnel from participating in or showed that 89 percent of helicopter air Recommendation A–06–12 that the FAA assisting the pilot with certain duties ambulance operators have voluntarily should require all air ambulance (for example, reading checklists, tuning established some type of operations operators to comply with part 135 radios, and securing doors) as long as control center. operations specifications while the individuals have been trained by the The NTSB, in its 2006 Special conducting flights with medical certificate holder in accordance with its Investigation Report on Emergency personnel on board. This proposal FAA-approved training program. Medical Services Operations, identified would implement that recommendation Additionally, the FAA notes that such the following four fatal accidents, which for helicopter air ambulance operators. medical personnel would not be may have been prevented if formalized The major differences between considered to be performing safety- dispatch and flight-monitoring operations conducted under part 91 and sensitive functions under 14 CFR part procedures had been in place.20 part 135 are the applicable weather 120 Industry Drug and Alcohol Testing (1) In a 2004 Pyote, TX, accident in minima and flightcrew rest Program, and would therefore not be which a helicopter air ambulance requirements. The FAA acknowledges required to undergo drug testing. transporting a patient crashed into that these more stringent requirements Certificate holders would be required terrain while maneuvering in reduced- may result in operators turning down air to comply with this provision by the visibility conditions, the pilot was not ambulance flights that would meet part effective date of the final rule. aware of expected thunderstorm activity 91 weather requirements but not part in the area because he did not obtain a 135 weather requirements, or if the b. Operations Control Centers weather briefing before departure. flight would put a flightcrew member (§ 135.617) (2) In the 2003 Salt Lake City, UT, over the maximum daily hours of flight The FAA is proposing to add accident in which a helicopter air time. Helicopter air ambulance § 135.617 to require certificate holders ambulance crashed into terrain when operations are a form of air with 10 or more helicopters engaged in weather conditions were below part 135 transportation, and the improvements in helicopter air ambulance operations to minima, the operator’s dispatcher air transportation safety that would establish operations control centers. encouraged the pilot to accept the flight result from this proposal justifies the Certificate holders would be required to in spite of the fact that another company more stringent part 135 requirement. staff these operations control centers had refused it because of low visibility This proposal should not require with operations control specialists conditions. The NTSB stated that a helicopter air ambulance certificate trained and equipped to communicate flight dispatcher with specific holders to make major operational with pilots, advise pilots of weather knowledge of flight requirements would changes because their operations conditions, and monitor the progress of likely have been able to more fully generally include a part 135 leg on each each flight. Each certificate holder comprehend the importance of the other flight. Nevertheless, the FAA calls for covered by this requirement would be company’s refusal, independently comments on measures that it could responsible for establishing its own gathered and correctly interpreted take to address this proposed rule’s individual operations control center. pertinent weather information from all impact on the availability of air Each certificate holder would be available sources, and provided ambulance services. required to provide enough operations appropriate advice to the pilot. The FAA is proposing in § 135.601 to control specialists at each operations (3) In a 2004 accident in Newberry, define the term ‘‘helicopter air control center to ensure proper SC, a helicopter air ambulance collided ambulance operation’’ to clarify that operational control of each flight. with trees in poor weather conditions. helicopter air ambulance operations FAA regulations currently do not Three flightcrews had declined the include more than just patient-transport require helicopter air ambulance mission based on their awareness of legs. The definition would establish that operators to have an operations control unsafe weather conditions, specifically any flight, including a positioning or center. In 2008, the FAA issued AC the presence of fog. A 911 dispatcher repositioning flight, conducted for the 120–96, which provides that communicated with the pilot did purpose of transportation of patients or recommendations to assist helicopter air not inform the pilot that the other three donor organs is a helicopter air ambulance operators with the flightcrews had declined the mission ambulance flight, and clarify, through a development, implementation, and because of fog. non-exclusive list, the types of integration of an operations control (4) A helicopter air ambulance that operations considered to be helicopter center, and enhanced operational crashed into mountainous terrain in air ambulance operations. For example, control procedures similar to those 2004 in Battle Mountain, NV, was not a flight initiated for patient transport but found in part 121. Members of the reported overdue until approximately terminated before patient pick up would helicopter air ambulance industry have four hours after its departure. The flight be considered a helicopter air noted that the AC is a ‘‘product of a crossed from one county to another, and ambulance operation. However, survey of best practices in the air 911 dispatch centers from the two maintenance, service flights for medical industry and gives guidance to refueling, or training flights could still Air Medical Operators Association to the NTSB 14 other air medical services as to the (Jan. 13, 2009), available at http://www.ntsb.gov/ be conducted under part 91 when no 19 benefits of this type of operation.’’ In Dockets/Aviation/DCA09SH001/default.htm. medical personnel are on board. 20 NTSB, Special Investigation Report on The FAA also is proposing to define 19 Statement from the Association of Air Medical Emergency Medical Services Operations (NTSB/ the term ‘‘medical personnel’’ in Services, Helicopter Association International, and SIR–06/01) 7 (Jan. 25, 2006).

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62647

counties were not required to operations control centers for several these individuals in the future if communicate with each other directly. reasons. The FAA’s analysis of current appropriate. Responsibility for initiating helicopter air ambulance operators The FAA notes that certificate holders communications when crossing into shows that the vast majority of could be subject to enforcement action another county dispatch center was operations are conducted by operators for using inadequately trained placed on the pilot. Because the aircraft with these larger fleets. The FAA’s operations control specialists, or may be was not reported missing in a timely review of operations specifications responsible for errors committed by an manner, the opportunity for potentially issued to the 74 certificate holders operations control specialist. Likewise, life-saving search and rescue operations authorized to conduct helicopter air an operations control specialist also was lost. ambulance operations shows that, as of could be subject to enforcement action The NTSB concluded that February 2009, there were 24 certificate or civil penalties if he or she failed a ‘‘[f]ormalized dispatch and flight- holders with 10 or more helicopters in drug test, functioned as an operations monitoring procedures, including a their fleets. Those certificate holders control specialist without completing dedicated dispatcher with aviation- operated 620 of the 884 total helicopters training or passing examinations, or specific knowledge and experience, in helicopter air ambulance operations. verified false entries on a pre-flight would enhance the safety of emergency Additionally, the level of operational analysis worksheet. medical services flight operations by complexity and management detail Certificate holders may want to hire providing the pilot with consistent and required for safe operations is greater for certificated aircraft dispatchers, or critical weather information, assisting in certificate holders with 10 or more others with general aviation or weather go/no go decisions, and monitoring the helicopter air ambulances. knowledge, to serve as operations flight’s position.’’ This resulted in NTSB Although certificate holders with nine control specialists. This proposal would Safety Recommendation A–06–14 that or fewer helicopter air ambulances are allow a certificate holder to offer air ambulance operators be required to not covered by this provision, the FAA individuals with recent, relevant ‘‘use formalized dispatch and flight- finds that the pre-flight risk analysis experience an initial training course that following procedures that include up-to- requirement proposed under § 135.615 features a reduced number of hours of date weather information and assistance may provide a sufficient alternative for initial training, focusing on the in flight risk assessment decisions.’’ This these operators because of their limited certificate holder-specific training topics proposal would address that safety scope of operations.23 addressed below. A reduced training recommendation. The FAA requests comments on program would be permissible because This proposed regulation, which whether the requirement should be of the knowledge these individuals have would also partially address NTSB dependent on fleet size or number of obtained through training for other positions that is applicable to the Safety Recommendation A–09–89 operations conducted. The agency asks operations control specialist position. regarding the implementation of sound that comments be accompanied by data This benefit would be extended to the risk management practices, could regarding the number of operations following persons with specific contribute to a certificate holder’s conducted by helicopter air ambulances aviation-related training—(1) Military overall safety program because it would and/or the typical number of hours pilots, flight navigators, and be a method of incorporating risk flown per aircraft. meteorologists; (2) civilian pilots, flight management practices into a company’s The FAA is proposing in § 135.617 to engineers, meteorologists, air traffic flight operations. In particular, an require the staffing of operations control controllers, and flight service specialists operations control specialist would centers with operations control involved in air carrier operations; and provide additional input on proposed specialists, rather than certificated operations and be able to monitor 24 (3) certificated aircraft dispatchers aircraft dispatchers. The training involved in part 121 operations. This flights, potentially helping pilots avoid program associated with FAA- dangerous situations. provision is similar to 14 CFR 65.57, certificated aircraft dispatcher licensing which permits individuals who have Under this proposal, operations is primarily focused on large, fixed- control specialists would perform the not graduated from an aircraft wing, transport category aircraft dispatcher school, but who have following functions: (1) Maintain two- operating under part 121. While aspects way communications with pilots; 21 (2) relevant aviation experience, to apply of this training, such as weather for an aircraft dispatcher certificate. provide pilots with weather information information and radio communication, to include current and forecasted In addition, with respect to the pre- are relevant to helicopter operations, flight risk analysis that would be weather along the planned route of this proposal is designed to permit flight; (3) monitor the flight progress; required under this proposal for all certificate holders to create training helicopter air ambulance operations,25 and (4) participate in pre-flight risk programs directly applicable to 22 the operations control specialist would analysis. This proposal is intended to helicopter air ambulance operations. provide an additional measure to help ensure that the pilot completed the pre- Accordingly, the FAA sought to flight risk analysis worksheet, confirm prevent CFIT, loss of control, incorporate the more general elements inadvertent flight into IMC, and and verify the entries on the worksheet, of part 65-certificated aircraft dispatcher and work with the pilot to mitigate any accidents at night. training into the proposed requirements The FAA is proposing to require identified risk. The operations control for training operations control specialist, along with the pilot in certificate holders with 10 or more air specialists. Although the FAA is not ambulance helicopters to establish command, would be required to proposing to require formal certification acknowledge in writing (by signing, of operations control specialists, it may 21 The FAA notes that this proposal is not initialing, or another method as defined intended to limit two-way communication between consider formal FAA certification of in the certificate holder’s operations the operations control specialist and the pilot to manual) that the worksheet had been traditional two-way radio communication. Rather, 23 See section III.A.1.d. of the preamble to this completed accurately. The FAA believes other means of communication, such as satellite NPRM. phone or data link, also would be acceptable. 24 Aircraft dispatchers, certificated under part 65, that the operations control specialist’s 22 See section III.A.1.d. of the preamble to this generally are employed by part 121 air carriers and NPRM. specialize in scheduled air carrier transportation. 25 Id.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62648 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

review of the risk assessment will 121 aircraft dispatcher duty time individual upon notification by a provide an additional measure of safety requirement. A certificate holder could certificate holder that the individual has to helicopter air ambulance flights. By schedule an operations control successfully completed the certificate signing the worksheet, the operations specialist for a maximum of 10 holder’s FAA-approved initial training control specialist will be indicating that consecutive hours of duty. If an and testing requirements. Anticipating he or she agrees with the level of risk operations control specialist’s duty time that there may be a period of time associated with that flight. exceeds 10 hours in a 24-hour period, between notification and issuance of a Operations control specialists would then the certificate holder would be certificate of demonstrated proficiency, be performing safety-sensitive functions required to provide at least 8 hours of the FAA would permit a person to serve such as providing pre-flight weather rest before that individual’s next duty as an operations control specialist from assessment, assisting with fuel period. Such a circumstance may occur the date the certificate holder notifies planning, alternate airport weather if a flight monitored by the operations the FAA that the person has met the minima, and communicating with pilots control specialist is not complete until training and testing requirements. regarding operational concerns during after the end of his or her scheduled 10- Certificates of demonstrated flight. These duties are similar to those hour duty period. The operations proficiency would be valid for the of an aircraft dispatcher, and therefore, control specialist would be required to length of time that an operations control operations control specialists would be remain on duty until each flight he or specialist works for a certificate holder. subject to the restrictions on drug and she is monitoring is complete, until If a certificated operations control alcohol use, and to a certificate holder’s those flights have left the operations specialist were to leave one certificate drug and alcohol testing program as control specialist’s jurisdiction, or until holder to work for another, he or she described in 14 CFR part 120. relieved by another operations control would need to obtain a new certificate To ensure operations control specialist. The certificate holder must following completion of the new specialists are capable of performing provide adequate time at the beginning employer’s training and testing program. safety-sensitive functions, § 135.617 of a shift to allow the operations control In the full Regulatory Evaluation in would require certificate holders to specialist to become familiar with the public docket for this rulemaking, establish and implement an FAA- current and expected weather the FAA estimates that the proposed approved initial and recurrent training conditions for the area of operations. requirement for certificate holders with and testing program for operations The certificate holder must also 10 or more helicopters engaged in control specialists. Operations control establish a checklist of the subjects to be helicopter air ambulance operations to specialists would be required to discussed during shift changes. The establish operations control centers undergo training and testing on— checklist should contain subjects such could cost $97 million or $60 million (1) General aviation topics such as as current and forecasted weather, present value to implement over 10 weather, navigation, flight-monitoring helicopter maintenance status, years. The FAA specifically requests procedures, air traffic control helicopter operations in progress, and comments, accompanied by data, on the procedures, aircraft systems, and aircraft other relevant information. In addition accuracy of this cost estimate. In limitations and performance; and (2) to duty time limitations, this proposal addition, the agency requests comments topics specific to each certificate holder, would require that every 7 consecutive on how effective this requirement such as aviation regulations and days, an operations control specialist be would be in preventing accidents, as operations specifications, crew resource provided 24 consecutive hours of rest. well as suggested alternatives for management, and the local flying area. This requirement would take effect 2 achieving comparable safety benefits. Initial training would address both the years after the effective date of the final c. VFR/IFR Procedures general aviation and certificate holder- rule. The FAA believes that this would specific topics. Recurrent training provide certificate holders with ample The FAA is proposing a series of would focus on certificate holder- time to establish operations control operational initiatives to increase the specific topics. The FAA believes that centers, develop training and testing safety of helicopter air ambulance the certificate holder-specific topics are programs, and to hire and provide the operations. Specifically, the FAA is more likely to change from year to year estimated 80 hours of training required proposing to—(1) Increase VFR weather than the more general topics, justifying of operations control specialists. minima, (2) allow IFR operations at a more frequent rate of testing. Although not specifically proposed locations without weather reporting, An individual would need to receive here, the FAA seeks comment on (3) specify procedures for VFR/visual initial training and pass an FAA- whether to require operations control transitions from instrument approaches, approved written and practical test specialists to obtain a certificate of and (4) require additional VFR flight developed and given by the certificate demonstrated proficiency from the FAA. planning. These proposals are intended holder before performing duties as an The FAA is considering this to reduce accidents due to CFIT, operations control specialist. An requirement because it would enable the obstacle collisions, accidents during individual would not be able to agency to suspend or revoke an night operations, and accidents continue as an operations control operations control specialist’s certificate resulting from inadvertent flight into specialist unless he or she completed of demonstrated proficiency, thereby IMC by prescribing more stringent VFR annual recurrent training and passed a ensuring that person could not continue requirements and providing more written and practical test given by the to hold the operations control specialist opportunity for IFR operations. These certificate holder. The certificate holder position if his or her actions merited rules are proposed only for helicopter would be responsible for maintaining such a response. Individuals would not air ambulance operations because of the records of the training and tests given to be permitted to serve as an operations unique environment in which those each operations control specialist for the control specialist without obtaining a operations are conducted, including off- duration of that individual’s certificate of demonstrated proficiency. airport or heliport landings and employment and for 90 days thereafter. It the FAA were to adopt this potentially time-sensitive operations. This proposal also would establish approach, the agency anticipates that it The FAA notes that these proposals daily duty periods for operations control would issue a certificate of address recommendations made by the specialists which are based on the part demonstrated proficiency to an Part 125/135 ARC.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62649

The FAA believes that the following 1,200 feet or less above the surface in specifications while conducting flights accident is indicative of the type that Class G airspace. For certificate holders with medical personnel on board. This this section of the proposal is intended conducting helicopter air ambulance proposal would address that safety to prevent. On January 11, 1998, a Bell operations, Operations Specification recommendation. 222UT, operating under part 135 with A021 sets forth more stringent weather The proposed weather minima for no filed flight plan and originating near minima for VFR operations conducted uncontrolled airspace are determined by Sandy, UT, encountered inadvertent in uncontrolled airspace. This rule whether the flight is taking place in a IMC due to extremely poor weather. would codify the weather requirements mountainous or non-mountainous area, Shortly after take off, the helicopter of Operations Specification A021. and whether, within those collided with mountainous terrain The NTSB cited in its 2006 Special classifications, the flight is taking place resulting in fatal injuries to all on board. Investigation Report two examples of in a certificate holder’s local flying area The NTSB cited the cause of the fatal accidents that may have been or is a cross-country flight. As defined accident as the pilot’s failure to prevented if the operations had been in proposed § 135.601, a local flying ‘‘maintain sufficient clearance or conducted according to the weather area is an area that the certificate holder altitude from mountainous terrain,’’ and minima contained in the part 135 designates as one in which its pilots are continuing into known adverse weather. helicopter air ambulance operations familiar with the terrain and other NTSB Accident Report FTW98FA093 specifications in effect at the time of the obstacles. Weather minima are less (Oct. 30, 1998). investigation. The first was the 2003 stringent in local flying areas because of The FAA proposes for these Salt Lake City, UT, accident in which a pilots’ increased familiarity with provisions to take effect at the effective helicopter air ambulance crashed into obstacles and the operating environment date of the final rule. terrain when weather conditions were as compared with other cross-country below part 135 minima. The other areas. A local flying area would be i. Increase VFR Weather Minima accident occurred in Redwood Valley, limited to a 50-nautical mile (NM) (§ 135.607) CA, when a helicopter air ambulance radius because the FAA believes that a The FAA is proposing to add crashed into mountainous terrain during pilot would not be able to demonstrate § 135.607 to prescribe more stringent high winds and heavy rain. The Safety detailed knowledge of hazards such as VFR weather minima for helicopter air Board concluded that EMS operations towers and high-altitude terrain within ambulance operations in uncontrolled would be improved if all emergency a larger area. The local flying area airspace than those currently medical services were operated under definition would codify the language of established in part 135. part 135. The NTSB subsequently issued Operations Specification A021 issued Currently, § 135.205 requires visibility Safety Recommendation A–06–12 on January 23, 2006. of at least 1⁄2 statute mile during the day recommending that the FAA require all Table 1 shows the proposed VFR and 1 statute mile at night for VFR emergency medical services operators to minimum altitudes and visibility helicopter operations at an altitude of comply with part 135 operations requirements.

TABLE 1—VFR MINIMUM ALTITUDES AND VISIBILITY REQUIREMENTS

Weather Minima Location Night using an approved Day Night NVIS or HTAWS

Nonmountainous local flying areas 800-foot ceiling, 2 statute miles 1,000-foot ceiling, 3 statute miles 800-foot ceiling, 3 statute miles visibility. visibility. visibility. Nonmountainous cross-country fly- 800-foot ceiling, 3 statute miles 1,000-foot ceiling, 5 statute miles 1,000-foot ceiling, 3 statute miles ing areas. visibility. visibility. visibility. Mountainous local flying areas ...... 800-foot ceiling, 3 statute miles 1,500-foot ceiling, 3 statute miles 1,000-foot ceiling, 3 statute miles visibility. visibility. visibility. Mountainous cross-country flying 1,000-foot ceiling, 3 statute miles 1,500-foot ceiling, 5 statute miles 1,000-foot ceiling, 5 statute miles areas. visibility. visibility. visibility.

In all flying areas, certificate holders Equipment, which states that the NVIS HTAWS within 3 years of the effective conducting operations in a helicopter system includes not only the NVGs date of the final rule (discussed in equipped with an FAA-approved night- themselves, but also interior and section III.A.2.a.), it is anticipated that vision imaging system (NVIS) or FAA- exterior lighting, windshield and all certificate holders would eventually approved HTAWS could apply lower windows, and general crew station operate under these reduced night weather minima during night design requirements. RTCA/DO–275, operations weather minima. The FAA operations. Those requirements would paragraph 1.6.1, defines NVGs as seeks comment on the interrelationship be less stringent than the basic night binocular systems. Under this proposal of these two proposed requirements. The FAA believes that requiring all operations minima because of the the FAA does not intend to change the ‘‘ ’’ VFR legs of a helicopter air ambulance obstacle and CFIT avoidance benefits term NVIS to include systems other than NVGs. Therefore, unless equipped operation to comply with more stringent obtained from those devices. An with HTAWS, operators using systems weather requirements would be an approved NVIS would require, at that do not meet the definition of effective method of increasing safety in minimum, a night vision goggle (NVG) ‘‘NVIS’’ would not be permitted to use helicopter air ambulance operations. system as defined in paragraph 1.2 of the NVIS weather minima in § 135.607. The FAA does not believe that RTCA/DO–275, Minimum Operational Because of the requirement proposed certificate holders would need to make Performance Standards for Integrated in § 135.605 for all helicopter air significant changes to their operations Night Vision Imaging System ambulances to be equipped with because this proposed rule would

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62650 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

incorporate the operating limitations approach to be flown, such as an IFR- ‘‘proceed visually’’ from the missed and the weather minima already certified global positioning system approach point (MAP). For these applicable under Operations (GPS) or wide area augmentation system approaches, the weather minima Specification A021. (WAAS) receiver. Additionally, to help reflected on the approach chart would the pilot ascertain the weather in the apply. ii. IFR Operations at Airports and aircraft’s vicinity, § 135.609 would For PinS Copter Special Approaches, Heliports Without Weather Reporting require helicopters to be equipped with proposed 135.611(a)(2) would permit (§ 135.609) severe weather detection equipment, operations under lower weather minima The FAA is proposing to add such as weather radar or lightning than currently allowed for cruise flight § 135.609 to allow helicopter air detection equipment. The ‘‘navigation in uncontrolled airspace when ambulance operators to conduct IFR equipment appropriate to the approach transitioning from IFR to a VFR segment operations at airports and heliports to be flown’’ is necessary because, for on approach. These approaches contain without a weather reporting facility. example, although an ILS approach at the instruction to ‘‘proceed VFR.’’ The Currently, the regulations only permit the nearby municipal airport may applicable minima are based on the IFR operations into and out of airports provide the lowest planning minima, if distance from the MAP to the landing with an on-site weather reporting the aircraft is equipped with only a GPS, area. The pilot would therefore need to source. The proposed rule would allow the lower planning minima of the ILS evaluate the proximity of the MAP to certificate holders to obtain operations are unusable. the landing area to determine the specifications permitting IFR operations Section 135.609 not only establishes appropriate VFR minima, which are into and out of locations without a aircraft equipment requirements to based on the distance from the landing weather reporting facility if they are ensure a higher level of safety and to area. Under proposed § 135.611(a)(2)(i), able to obtain weather reports from an mitigate the associated risk, but also the visibility must be at least 1 statute approved weather reporting facility requires certain training of the mile if the MAP is within 1 NM of the located within 15 NM of the destination flightcrew. That training is tailored to heliport of intended landing. To make landing area. The FAA believes that this the operating environment and the the transition from IFR flight to VFR provision would increase the use of IFR weather observations needed at those from a point in space 3 NM or less from by helicopter air ambulance operators locations. These equipment and training the destination, a pilot would need to and result in more aircraft operating in requirements are found in the have 2 statute miles of visibility and a a positively controlled environment, exemptions referenced above. The FAA 600-foot ceiling during the day, or 3 thereby increasing safety. believes that these additional equipment statute miles of visibility and a 600-foot The FAA has granted exemptions and training requirements are necessary ceiling at night in accordance with from these regulations to helicopter air to compensate for the lack of specific § 135.611(a)(3). ambulance operators and based this weather information available at the The FAA recognizes that the area proposal on those exemptions.26 In destination. between the MAP and the ‘‘heliport of Exemption No. 9490, the FAA intended landing’’ (i.e. the heliport iii. IFR to VFR/Visual Transitions determined it was ‘‘safer and in the reflected on the approach chart as no (§ 135.611) public interest to conduct operations deviation to another location is under IFR rather than VFR particularly The FAA is proposing to add authorized in this case) has been flight in low and marginal weather § 135.611 to establish weather minima checked but may not meet the conditions’’ because IFR operation is an for transitions to the VFR segment of an requirements to ‘‘proceed visually.’’ The effective method of countering CFIT instrument approach.27 Pilots FAA recognizes that obstacles in the accidents. Additionally, this provision conducting an IFR approach would, vicinity of an instrument approach are would codify a similar provision in upon reaching a point in space at a flight-checked and marked on Operations Specification A021 issued to minimum descent altitude, continue the instrument approach charts. Approach helicopter air ambulance operators. flight to the landing area under VFR if charts are updated more frequently than The FAA notes that this proposal conditions permit. This provision the sectional charts used in VFR would not relieve a pilot from the would facilitate operations under IFR operations. Therefore, it is less likely requirement to assess the landing with their associated safety benefits. that pilots would encounter unexpected conditions before descending below the Proposed § 135.611(a)(1) establishes obstacles when following an approach minimum descent altitude set forth in the requirements for instrument documented on an instrument approach § 91.175. To operate in this approaches containing the instruction to chart than when en route using a environment, certificate holders also sectional chart. would be required to implement 27 The approaches permitted under IFR PinS The FAA recognizes that a helicopter Copter Special Instrument Approach Procedures, air ambulance operator may follow a additional safety measures beyond those and IFR Standard and certain Special Instrument otherwise required for IFR flight to Approach Procedures (IAPs) are developed by the special or standard instrument approach ensure the pilot has the appropriate FAA using standardized methods associated with to a heliport or airport to descend below tools to operate the helicopter safely the U.S. Standard for Terminal Instrument weather and then transition to VFR Procedures (TERPs). IFR Standard and PinS Copter flight to land at another location. In that into locations without weather Special Instrument Approach Procedures are reporting. For example, helicopters used publicly available approaches for use by case, the minima of § 135.611(a)(3) or in these operations would have to be appropriately qualified pilots operating properly § 135.611(a)(4) would apply, depending equipped with an autopilot and equipped and airworthy aircraft. Special IAPs on the distance to the intended landing generally service private-use airports or heliports, area, which could be an off-site location. navigation equipment appropriate to the and the FAA authorizes only certain individual pilots or pilots in individual organizations to use Lastly, if a pilot transitions from IFR 26 Exemption Nos. 9490 and 9490B (Regulatory these procedures. Special IAPs may require to VFR from a point in space more than Docket No. FAA–2006–26407); Exemption No. 9665 additional crew training and/or aircraft equipment 3 NM from the destination, the higher (Regulatory Docket No. FAA–2008–0169); or performance, and may also require the use of weather minima of proposed § 135.607 Exemption No. 6175 (Regulatory Docket No. FAA– landing aids, communications, or weather services 2001–9195) (granting authority for departures only); not available for public use. Instrument approach would apply. The FAA selected 3 NM Exemption No. 6175G (Regulatory Docket No. FAA– procedures that service private use airports or because that distance is the standard 2001–9195). heliports are generally special IAPs. amount of visibility required for VFR

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62651

operations in controlled airspace in the could either conduct the flight under also encouraged pilots to obtain lower altitudes. IFR, or not conduct the flight. Pilots information pertaining to a planned This proposed rule also sets forth could deviate from the planned flight operation from a number of sources, standards for pilots departing a path if conditions or operational including mechanics, communications destination if they used the provisions considerations necessitate a deviation. specialists, and flight medical of this section to access that location. However, during such deviations, the personnel, when determining risks The same weather minima would apply pilot would not be relieved from associated with a flight operation. to the departure if the pilot has filed an weather or terrain/obstruction clearance Notably, a basic concept of a risk IFR flight plan and will obtain IFR requirements. assessment program articulated in the clearance within 3 NM of the departure If changes to the planned flight occur notice is that the pilot’s authority to location, and if the pilot departs during flight, the pilot could continue decline a flight assignment is supreme, following an FAA-approved obstacle along the new route until reaching his while his or her decision to accept a departure procedure. However it is or her destination without re-planning flight is subject to review if risks are important to note that a pilot who the flight using the requirements of identified. The notice stated that once simply flies the reverse course of the proposed § 135.613. However, upon the pilot has declined a flight approach used when landing would not reaching an intermediate stop, the pilot assignment, other parties, such as a be following an FAA-approved obstacle would have to evaluate the new route certificate holder’s management departure procedure, as this procedure for terrain and obstacle clearance while personnel, should not continue the risk has not been flight-checked to specific the aircraft is on the ground before assessment pertaining to that flight in an departure criteria. departure. effort to override the pilot’s decision to The FAA believes that flights This proposal is intended to prevent decline the assignment. conducted under IFR obtain many safety obstacle collisions by requiring pilots to On January 28, 2006, the FAA benefits such as obstacle clearance, be aware of the terrain and highest published SAFO 06001, which aircraft separation, and possible weather obstacles along a planned route. The recommended that certificate holders avoidance, thereby reducing obstacle proposal would codify a provision of apply ‘‘safety attributes or risk collisions, CFIT, and wire strikes. The Operations Specification A021, issued management/assessment strategies to proposed rule would benefit pilots by to all helicopter air ambulance each flight.’’ enabling them to access more certificate holders, which requires the In AC 120–96 (May 5, 2008), the FAA destinations by flying within the IFR identification and documentation of the recognized that operations control structure, and then continuing on a VFR highest obstacle along the planned route centers provide improvements in pre- segment that has been flight checked for before VFR operations. flight risk analysis and conceptualized obstacles by the FAA. If the flight can joint mission responsibility shared by d. Pre-Flight Risk Analysis (§ 135.615) be continued, then the pilot would have pilots and operations control centers. the benefit of operating through an area The FAA is proposing to add This AC also provides practical where obstacles have been flight § 135.615 to require certificate holders examples of pre-flight risk analyses and checked and marked by the FAA. If the to implement pre-flight risk-analysis how such analyses can be integrated flight cannot continue under VFR, then programs. The FAA believes that pre- into helicopter air ambulance the pilot must maintain IFR flight and flight risk analysis may prevent operations. The AC discusses that continue to an alternate destination accidents by mitigating risks before operations control specialists may assist consistent with current regulations. flight. This proposal is intended to helicopter air ambulance pilots by This proposal would implement Part provide certificate holders with the participating in risk analysis, providing 125/135 ARC recommendations. Also, means to assess risk and make supplementary information regarding this proposal would codify the determinations regarding the flight’s weather, route information, and landing provision of Operations Specification safety before launch. zones, monitoring flight information A021 regarding weather minima to be Pre-flight risk assessment has been the such as weather, and monitoring flight used during transitions to VFR flight subject of FAA guidance, industry best progression.28 with changes pertaining to Copter practices, and an NTSB study. On A January 2009 FAA survey of Special Instrument Approaches. August 1, 2005, the FAA published inspectors with oversight of helicopter Notice 8000.301, Operational Risk air ambulance operations found that 94 iv. VFR Flight Planning (§ 135.613) Assessment Programs for Helicopter percent of helicopter air ambulance The FAA is proposing to add Emergency Medical Services, which operators have some type of decision- § 135.613 to require helicopter air provided guidance to inspectors on risk- making and risk-analysis programs in ambulance pilots to perform pre-flight assessment programs used in helicopter place. The survey did not reveal the planning to determine the minimum air ambulance operations. The notice extent of these decision-making and safe altitude along the planned en route discussed concepts used in a risk risk-analysis programs; however, the phase of flight when conducting VFR management and assessment program, FAA believes that the models currently operations. and provided examples of risk variables in use incorporate government, The FAA is proposing to require that a certificate holder could consider industry,29 and military risk-analysis pilots to evaluate, document, and plan in the decision to launch a flight. These to clear terrain and obstacles along the variables included weather, flight 28 The FAA has issued other ACs relevant to this planned route of flight by no less than crewmember performance, operating topic. Advisory Circular 135–14A Emergency 300 feet for day operations, and 500 feet environment, airworthiness status of the Medical Services/Helicopter (EMS/H) (June 20, 1991) included guidance on ‘‘Judgment and for night operations. The pilot would helicopter, and weather. The notice also Decisions,’’ and Advisory Circular 120–51E Crew use this minimum safe cruise altitude included several examples of risk- Resource Management Training (Jan. 22, 2004) when determining the minimum assessment matrices that certificate discussed the importance of developing pilot-error required ceiling and visibility for the holders could use in their operations, management skills and procedures. 29 The International Helicopter Safety Team planned flight. If the weather minima and included the concept of consulting (IHST) and the Helicopter Association International would not permit VFR flight at the with management personnel if the risk (HAI) have developed resources, such as IHST’s minimum safe cruise altitude, the pilot level reached a certain level. The notice Continued

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62652 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

practices as these entities have been the requirement, the FAA intends to procedure for obtaining and primary entities developing such highlight that the pilot is responsible for documenting management personnel’s programs. accurately completing this worksheet. decision to launch a flight when the risk The NTSB also has addressed the The FAA proposes to require reaches a predetermined level. This need for pre-flight risk analysis. In its certificate holders to establish their risk provision is designed so that pilots will 2006 Special Investigation Report on assessment procedures and document seek a second opinion regarding Emergency Medical Services them in their operations manuals. A whether to launch. This would be Operations, the NTSB concluded, based pre-flight risk analysis would consist of particularly effective where the risk is in part on its investigations of three fatal at least the following: (1) Flight not so great that it is clear that the flight helicopter air ambulance accidents, that considerations (for example, a review of should be refused, but rather when it is the ‘‘implementation of flight risk any obstructions and terrain along the at a level where a pilot may be unsure evaluation before each mission would entire intended route, altitude about the flight’s safety, and the pilot enhance the safety of emergency considerations for the area being flown, may feel personal pressure to perform medical services operations.’’ 30 With and fuel considerations); (2) human the flight and perhaps save a life despite regard to the 2003 Salt Lake City, UT, factors (for example, whether a pilot the identified risks. The FAA accident in which a helicopter air may be affected by personal stress, emphasizes the basic concept ambulance crashed into terrain in poor knowledge of the patient’s injuries (e.g., articulated in Notice 8000.301 that risk weather conditions, the NTSB noted pediatric, or critical injury), fatigue, and analysis forms should not be used by a that had the pilot been required to experience in the type of operation to be certificate holder’s management perform a systematic evaluation of the conducted); (3) weather along the personnel, or others within an flight risks (including assessments of intended route (for example, weather for organization, to override a pilot’s weather minima and route of flight), the take off, en route, and destination decision to decline a flight assignment. pilot may not have accepted the airports to include forecasts); (4) The FAA’s proposal also would mission. The NTSB also cited the 2004 whether another operator has refused or require certificate holders to retain the Battle Mountain, NV, fatal accident in rejected the flight request; and (5) original or a copy of completed pre- which a helicopter air ambulance strategies for mitigating identified risk, flight risk analysis worksheets for at transporting a patient crashed into including obtaining and documenting least 90 days from the date of the mountainous terrain while on a direct the certificate holder’s management operation. Certificate holders would be route in deteriorating weather personnel’s approval of the decision to permitted to determine where the conditions, and believed that if the pilot accept a flight when the risks are completed worksheets will be kept, but had performed a risk evaluation, he may elevated. Certificate holders would be the procedures for collecting the have chosen a different route, and the permitted to add additional categories to worksheets and maintaining the records accident may have been prevented. The mitigate risks associated with their would need to be outlined in certificate NTSB also identified the 2004 Pyote, specific operations. holders’ operations manuals. TX, fatal accident, in which a helicopter As previously noted, certificate The FAA notes that this proposal air ambulance transporting a patient holders would be required to develop a would respond to NTSB Safety crashed into terrain while maneuvering method to determine whether the flight Recommendation A–06–13 in which the in reduced-visibility conditions and request had been offered to another NTSB recommended that the FAA noted that the pilot had not performed company. This provision is intended to require helicopter air ambulance a risk assessment. combat the practice of ‘‘helicopter operators ‘‘to develop and implement The FAA’s proposal is intended to shopping’’ in which a flight request flight risk evaluation programs that provide standard guidelines for the turned down by one company will be include training all employees involved implementation of pre-flight risk offered to another. If another company in the operation, procedures that analysis procedures. Under the had been offered and refused the flight, support the systematic evaluation of proposal, the pilot in command of a it is important to understand why the flight risks, and consultation with others helicopter air ambulance would be flight was refused. If a flight was refused in EMS flight operations if the risks required to conduct a pre-flight risk because of weather considerations, that reach a predefined level.’’ This proposal assessment before the first leg of each information should feature prominently also may contribute to a certificate helicopter air ambulance operation. in the second company’s pre-flight risk holder’s overall safety program because Helicopter air ambulance operations analysis. However, if the first company a pre-flight risk assessment would be a generally consist of two legs, such as a turned down the flight because its method of incorporating proactive safety hospital-to-hospital transfer, or three helicopter was inoperative, then that methods into a company’s flight legs, in which the helicopter departs its refusal likely would not impact the risk operations. Accordingly, this proposal base to pick up a patient, transfers the assessment for the second company in also would partially address NTSB patient to a hospital, then returns to determining whether to accept the Safety Recommendation A–09–89 base. The pre-flight analysis only would flight. The FAA notes that the helicopter regarding the implementation of sound need to be conducted before departure air ambulance industry has taken steps risk management practices. on the first leg, but should be conducted to address this problem, for example by Certificate holders would be required with consideration for each leg of the creating a Web site (http:// to comply with this provision by the operation. The pilot also would be www.weatherturndown.com) where effective date of the final rule. required to sign the completed risk companies can report when they do not analysis worksheet, and provide the accept a flight and the basis for the e. Medical Personnel Pre-Flight Briefing date and time of signing. Through this decision. Nevertheless, the FAA is (§ 135.619) proposing a requirement to ensure that The FAA is proposing to add ‘‘Safety Management System Toolkit,’’ to assist this practice is adopted by all certificate § 135.619 to require that medical operators with implementing risk-analysis holders authorized to conduct personnel on board a helicopter air programs. ambulance flight receive a supplemental 30 NTSB, Special Investigation Report on helicopter air ambulance operations. Emergency Medical Services Operations ((NTSB/ In addition, the proposal would pre-flight safety briefing with SIR–06/01) 4 (Jan. 25, 2006). require certificate holders to establish a information specific to helicopter air

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62653

ambulance flights. This information requirements found in § 135.117(a) and training. This record would include the would be in addition to the passenger (b). The FAA believes that an additional individual’s name, the most recent date briefing currently required under part safety briefing is warranted because of that training was completed, and a 135. As an alternative to the proposed the unique role of medical personnel on description, copy, or reference to the pre-flight safety briefing, certificate helicopter air ambulance flights, which training materials used. The FAA is holders would be permitted to provide may include working around an proposing this period of time because training every 2 years to medical operating helicopter, patient loading the training provided to medical personnel through an FAA-approved and unloading, and providing medical personnel would expire after 24 months, training program. This proposal would care within a compact, moving, vehicle. and the additional 60-day period would positively affect the safety of operations The FAA would permit the briefing to ensure that the records would be because as a result of an increased be provided once per shift for medical available for review by the FAA after the familiarity with the aircraft and personnel assigned to a helicopter air training had expired, if necessary. emergency procedures, medical ambulance base. Certificate holders would be required personnel would be less likely to The FAA is proposing to allow to comply with this provision by the inadvertently introduce risk to the certificate holders the option to provide effective date of the final rule. safety training to medical personnel in operation when outfitting the passenger 2. Equipment Requirements compartment the purpose of providing lieu of the pre-flight briefing. Training medical treatment and when providing topics would include the same topics a. Helicopter Terrain Awareness and medical care to a patient. addressed in the proposed pre-flight Warning Systems (HTAWS) (§ 135.605) The following accidents exemplify the safety briefing. The FAA believes that it The FAA is proposing to add types of accidents that this proposal is would be advantageous to certificate § 135.605(a) to require that all intended to prevent. holders to implement medical personnel helicopters used in air ambulance On November 9, 2004, the pilot of a training programs. Training programs operations be equipped with HTAWS. Bell 206L1 helicopter, operated under would help ensure that medical The FAA believes that HTAWS would part 91 near Tulsa, OK, lost control personnel serving on board their assist helicopter air ambulance pilots in during cruise flight and crashed causing helicopters have enhanced knowledge maintaining situational awareness of substantial damage to the helicopter. of the required training topics and a surrounding terrain and obstacles, and The pilot stated that the medical greater familiarity with the aircraft than therefore help prevent accidents caused personnel added two oxygen tanks in those who receive only the pre-flight by CFIT, loss of control, inadvertent the cargo area before takeoff. The briefing. The FAA anticipates that flight into IMC, and night operations. oxygen tanks were stacked and reached certificate holders who fly with a HTAWS has particular relevance to approximately the same height as the consistent group of medical personnel helicopter air ambulance operations, cargo area’s latch release. The NTSB would take advantage of this provision which often are conducted at night and noted the accident was caused by the to expedite operations. The proposal into unimproved landing sites. loss of tail rotor drive as a result of a would require that the certificate HTAWS 31 is a helicopter-specific blanket coming in contact with the tail holder’s training program be approved application of TAWS technology. TAWS rotor blades after the baggage by the FAA, and that medical personnel technology originally was developed for compartment door unlatched during receive training every 24 months. The airplanes and is required on turbine- flight. NTSB Accident Report training program would include a powered airplanes configured with six DFW05LA019 (Feb. 24, 2005). minimum of 4 hours of ground training or more passenger seats used in part 135 On March 6, 2003, a pilot operating a and 4 hours of training in and around operations. In 2005, the FAA Bell 206L–3 under part 91 lost control a helicopter air ambulance. In the event recommended that helicopter air of the helicopter. No injuries were some medical personnel on board a ambulance operators consider using sustained by the flightcrew or medical helicopter air ambulance flight have TAWS for night operations when personnel on board. Before takeoff to received this training, but others have conditions and mission dictate.32 pick up a patient in Llano, TX, medical not, the pilot in command would be However, TAWS technology presents personnel opened and closed the aft required to provide the proposed operational difficulties, such as cargo compartment. The NTSB noted supplemental pre-flight safety briefing. nuisance warnings, when used in that the accident was caused by a The FAA notes that these provisions helicopters. HTAWS takes into account blanket from the aft cargo compartment incorporate aspects of agency guidance that helicopters generally do not fly as that entered into the tail rotor blades in AC 135–14A, Emergency Medical fast as airplanes and typically operate causing the pilot’s loss of control. The Services/Helicopter, which includes closer to the ground in hazard-rich NTSB determined that the aft cargo suggested training for medical personnel environments. HTAWS assesses the compartment lock was fully operational, in aviation terminology, use of medical aircraft’s position over a smaller area of and a contributing cause of the accident equipment in the aircraft, physiological terrain than TAWS to prevent warnings was medical personnel improperly aspects of flight, and patient loading to pilots of terrain or obstacles that do securing this compartment. NTSB and unloading. This proposal also not immediately pose a hazard. The Accident Report FTW03LA104 (Aug. 26, incorporates aspects of AC 00–64, FAA believes that the decrease in 2003). including human factors, training, nuisance warnings with HTAWS Under the proposal, certificate encouraging communications, and increases the usefulness of the holders would be required to brief promoting standard operating equipment. It is because of these medical personnel before flight on procedures. specific topics including the Under the proposal, the FAA would 31 HTAWS uses its position sources to determine physiological aspects of flight (how require the certificate holder to a helicopter’s horizontal and vertical position and flight affects the human body), patient document the training it provides to compare it to surrounding terrain. HTAWS derives loading and unloading, safety in and each individual who serves as medical a helicopter’s ground speed, position, and altitude from a global positioning system (GPS) and a pre- around the aircraft, and emergency personnel, and maintain a record of that programmed algorithm database installed and procedures. This briefing would training for 26 calendar months maintained by the HTAWS manufacturer. supplement the passenger briefing following the individual’s completion of 32 Notice 8000.293.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62654 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

significant differences that the FAA is that occur at night or during adverse considered requiring all commercial proposing to require certificate holders weather conditions.’’ 33 The NTSB cited helicopters to be equipped with to install HTAWS and would not accept the 2004 Pyote, TX, fatal accident in HTAWS; however, the agency believes TAWS designed for an airplane as an which a helicopter air ambulance the greatest benefit would be realized by alternate means of compliance. transporting a patient crashed into helicopter air ambulance operators In 2006, RTCA, Inc. established a terrain while maneuvering in reduced- because a much greater percentage of special committee that developed visibility conditions. The NTSB stated their operations are conducted at night RTCA/DO–309, Minimum Operational that if ‘‘a TAWS had been installed and and in off-airway routing, and involve Performance Standards (MOPS) for appropriately set to a minimum safe unimproved and unfamiliar landing Helicopter Terrain Awareness and altitude setting, the pilots would have areas. Warning System (HTAWS) Airborne received ample warning during their The FAA seeks comments on the Equipment. The FAA subsequently respective aircraft’s gradual descent into proposed requirement to install issued TSO–C194, which sets out the terrain * * *.’’ The FAA notes that this HTAWS, the proposed implementation minimum performance standards for proposal addresses NTSB Safety date, and possible alternatives to this HTAWS. A survey of FAA inspectors Recommendation A–06–15, which provision. Comments should be revealed that 41 percent of certificated called on the FAA to require helicopter accompanied by appropriate supporting helicopter air ambulance operators have air ambulance operators ‘‘to install documentation, data, and analysis. started equipping their helicopter fleets terrain awareness and warning systems b. Light-Weight Aircraft Recording with TAWS. However, the FAA did not on their aircraft and to provide adequate System (LARS) ask in its survey whether these devices training to ensure that flight crews are were compliant with TSOs for TAWS capable of using the systems to safely The FAA is considering requiring (TSO–C151, Terrain Awareness and conduct EMS operations.’’ 34 certificate holders conducting helicopter Warning System) or HTAWS (TSO– The FAA notes that other air ambulance operations to install a C194). The FAA recognizes that some organizations recognize the value of light-weight aircraft recording system certificate holders voluntarily equipped HTAWS. The Flight Safety Foundation (LARS) in their helicopters. The FAA their helicopters with TAWS, or other found that HTAWS could address risk- would target this proposal towards the TAWS-like devices, that may not meet associated low-level VFR operations, helicopter air ambulance industry the standards of TSO–C194 for HTAWS. especially at night.35 The Air Medical because of the number of accidents Nevertheless, the FAA is proposing that Physician Association noted that a team experienced by this segment of the these certificate holders equip their organized to study helicopter air commercial helicopter industry. As helicopter air ambulances with HTAWS ambulance accidents determined that discussed earlier in this NPRM, between because of the differences between TAWS could be a highly effective 1994 and 2008 helicopter air TAWS and HTAWS. The FAA proposes accident intervention strategy.36 The ambulances suffered a greater amount of to incorporate the standards articulated team made its determinations by accidents as compared with other in TSO–C194 by reference in reviewing the technical, financial, commercial helicopters. § 135.605(a). regulatory, and operational feasibility of LARS comprises a system or The FAA believes the following its proposed interventions. combination of systems which record a accident is illustrative of the type of Under the proposal, the FAA would helicopter’s flight performance and accident that may be prevented if give certificate holders 3 years from the operational data. The FAA is helicopters are equipped with HTAWS. effective date of the final rule to install considering requiring the installation of On March 21, 2002, a Eurocopter AS– HTAWS that meets the standards of LARS in order to provide critical 350B helicopter, returning to its base in TSO–C194. The FAA believes 3 years information to investigators in the event Susanville, California, collided with the will provide ample time for the of an accident. The FAA anticipates surface of a lake. The pilot became manufacture of an adequate supply of providing 3 years to allow sufficient disoriented as they flew over the ‘‘glassy HTAWS units and for these units to be time to procure and install LARS. smooth’’ water, and subsequently incorporated into helicopters. In Flight data recording devices are not descended ‘‘within 20 to 50 feet of the addition, a 3-year compliance period widely used in the commercial lake surface’’ and eventually struck the will permit certificate holders to spread helicopter air ambulance industry. lake surface causing fatal injuries to the out the cost of compliance over that Responses to FAA Notice 8900.63, pilot and serious injuries to the medical period of time. Validation of HEMS Safety Initiatives, personnel. The NTSB determined that The FAA notes that it considered issued January 12, 2009, indicated that the causal effect of the accident was the allowing certificate holders to use NVGs approximately 89 percent of existing pilot’s failure ‘‘to maintain sufficient in lieu of HTAWS. However, the FAA helicopter air ambulance certificate altitude/clearance above the water while has decided against such a proposal holders have not equipped with a flight performing a low altitude flight.’’ The because NVGs may not be appropriate data recorder (FDR) system or an ‘‘FDR- NTSB also cited as contributing factors for all operations (for example, like system.’’ The FAA believes that the ‘‘the glassy water conditions, and inadvertent flight into IMC), and LARS can be used to assist accident lack of visual cues concerning additional time is needed to research investigations, as well as to promote perception of altitude.’’ See NTSB the best use of the equipment before operational safety, and that an equipage Accident Report LAX02FA114 (Apr. 28, allowing it to be used as an alternate requirement may be warranted due to 2004). method of compliance. The FAA also the small number of certificate holders In its January 25, 2006, Special that are using such devices. Investigation Report on Emergency 33 NTSB/SIR–06/01, p. 11. Currently, § 135.151 requires a Medical Services Operations, the NTSB 34 Id. cockpit voice recorder (CVR) system in stated that the ‘‘use of terrain awareness 35 Flight Safety Foundation, Helicopter rotorcraft with a passenger seating and warnings systems would enhance Emergency Medical Services (HEMS) Industry Risk configuration of six or more seats and Profile 43 (2009). the safety of emergency medical services 36 Air Medical Physician Association, A Safety for which two pilots are required by flight operations by helping to prevent Review and Risk Assessment in Air Medical certification or operating rules. In controlled flight into terrain accidents Transport 15–17 (2002). addition, § 135.152 requires FDRs in

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62655

rotorcraft with a passenger seating authority digital engine control, and terrain accidents. In loss of control configuration of 10 or more seats. Most electronic flight instrumentation accidents, where the mechanics of helicopters used in air ambulance system). The FAA is considering impact may be more varied, the rear of operations are configured with fewer requiring operation of a helicopter’s the tailboom usually survives. AVP than six seats and, therefore, are not LARS from the application of electrical estimated a survival rate of the rear of equipped with CVRs or FDRs. The FAA power before take-off until the removal the tailboom structure (without would require installation of LARS for of electrical power after termination of structural compromise of burn damage) all helicopter air ambulances regardless flight. LARS would have to receive to be approximately 70 percent. of passenger seating capacity or the electrical power from the helicopter’s Therefore, the FAA believes that a LARS number of pilots required by bus that provides the maximum memory module in the rear of the certification or operating rules, unless a reliability for operation without tailboom would allow a high potential certificate holder could demonstrate jeopardizing service to essential or for survival in the event of an accident. that a CVR or FDR could be used to emergency loads. The FAA also notes that the NTSB comply with any requirements. The Requiring these devices to capture a found that LARS ‘‘are crash-resistant FAA notes that § 135.152(k) excepts comprehensive set of parameters, such and can provide significant information certain helicopters manufactured before as those in place for FDRs, see 14 CFR for investigators to determine accident August 18, 1997, from the FDR 135.152, would significantly increase causation * * *.’’ 37 requirements of § 135.152. Nevertheless, the cost of these units. The FAA The proposal under consideration is estimates that LARS cost $6,450, plus if such helicopters are used in air to require the installation of LARS to installation and software to obtain data ambulance operations, certificate provide event data to aid investigators from the unit. The FAA believes that holders would be required to equip after an accident. Currently, because this requirement could be broadly and those helicopters with LARS. most helicopter air ambulances are not The FAA notes that NTSB Safety quickly implemented by the helicopter equipped with flight data recording Recommendation A–06–17 air ambulance industry in part because devices, investigators must piece recommended requiring all transport- of the relatively low cost of these together information pertaining to an category rotorcraft operating under part devices. accident from a variety of sources. LARS 91 or part 135 to be equipped with CVRs The FAA acknowledges that LARS could provide precise technical data and FDRs. The FAA is not proposing to does not have the same crash regarding the flight, such as heading, require traditional CVRs or FDRs in survivability as CVRs and FDRs which helicopter air ambulances, as required are required by regulation to meet a altitude, and attitude that may for other aircraft because of the cost and crashworthiness standard. Nevertheless, otherwise be unavailable. The FAA asks the weight of such equipment. CVR and the FAA believes that LARS will yield for comments on whether LARS will FDR installation is a complex process beneficial data when used in helicopter provide data that is valuable in an that includes invasive access and air ambulances. Helicopter accidents accident investigation. modifications to install necessary usually involve forces much less severe The FAA also invites comments on sensors and wiring. The costs of a than airplane accidents, as the flight whether operators that are required to supplemental type certificate (STC) and envelope is usually much smaller. For install LARS for accident investigation the CVR and the FDR equipment could example, helicopter accidents seldom would also use those systems to prove to be prohibitive for this involve impact airspeed in excess of 150 improve daily operations, including application. In addition, helicopter air knots. Accidents which occur in hover whether operators would be more likely ambulances tend to be smaller than operations typically involve speed less to participate in an FAA-approved aircraft for which CVRs and FDRs are than 10 knots. Likewise, altitude ranges Flight Operations Quality Assurance required, and available space and and vertical speeds are normally (FOQA) program if required to equip weight allotted for personnel and substantially less than the potential helicopters with LARS. A LARS could medical equipment are at a premium. airplane accident profiles. These facts be used to collect digital flight data in An FAA review of Operations Safety lend credence to the concept of LARS an FAA-approved FOQA program. System (OPSS) data showed that more for accident investigation purposes FOQA participants use the collected than 70 percent of the helicopters listed using devices that are not hardened to data to improve the safety of their on helicopter air ambulance operators’ the extent required by the Technical operations, while the FAA uses the data certificates weigh less than 6,000 Standard Order for Flight Data to observe trends in operations and pounds. A combination CVR and FDR is Recorders or Cockpit Voice Recorders. make system-wide safety enhancements estimated to weigh up to 10 pounds In addition, the FAA’s Office of based on those trends. In order to compared with LARS that may weigh Accident Investigation and Prevention provide an incentive for participation in less than 1 pound to 5 pounds. (AVP) reviewed helicopter air the FOQA program, the FAA protects Therefore, the FAA believes the weight ambulance accident photographs from certain voluntarily submitted FOQA of a CVR and an FDR would have a the last three years and found that the data against public release and, except greater adverse impact on a helicopter rear section of the tailboom (near the tail for criminal or deliberate actions, will air ambulance operator’s ability to cone, tail rotor attachment and/or tail not use FOQA data obtained from an provide medical care to a patient and on fin) has a high physical survival rate. operator’s FOQA program in an the performance characteristics of a This section of the aircraft often enforcement action against that operator smaller helicopter than LARS. experiences the lowest deceleration or its employees.38 These protections LARS would be required to capture loads (the rest of the aircraft has data according to a broadly defined set crumpled or disintegrated forward of 37 NTSB Safety Recommendations A–09–87 of parameters including information the tail, absorbing or attenuating the through A–09–96, Sep. 24, 2009, p. 9. pertaining to the aircraft’s state (such as deceleration), and is furthest from the 38 See 14 CFR 13.401(e); 14 CFR part 193; 66 FR heading, altitude, and attitude), fuel system, and hence usually 55042 (Oct. 31, 2001); Advisory Circular 120–82, Flight Operational Quality Assurance (Apr. 12, condition (such as rotors, transmission, unburned. This is most likely in 2004); FAA Order 8000.81, Designation of FOQA engine parameters, and flight controls), straight-on impact, which is usually Information as Protected From Public Disclosure and system performance (such as full associated with controlled flight into Under 14 CFR part 193 (Apr. 14, 2003).

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62656 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

are available only if the data is collected flight data acquisition unit to comply 3. Pilot Requirements by the operator pursuant to a voluntary, with this requirement. A QAR provides a. Instrument Rating (§ 135.603) FAA-approved, FOQA program. a means to access the data collected by The FAA is also considering requiring a FDR without removing the FDR. The The FAA is proposing to add certificate holders that conduct air time and effort required to access and § 135.603 to require a helicopter air ambulance pilot to hold a helicopter ambulance operations to install LARS download data from the FDR could be and create a program that would use instrument rating. prohibitive. The additional weight from Currently, § 135.243(a) and (b) require data obtained from the device to analyze a QAR installation is about 0.5 pounds. and mitigate risk. Certificate holders the pilot in command of a helicopter air A QAR unit, STC, and support software could use the LARS data to modify their ambulance to hold, at a minimum, a can cost $10,000 to $15,000, compared operational and maintenance commercial pilot certificate. To obtain a procedures, provide immediate to the cost and installation of a LARS of commercial pilot certificate with a feedback to pilots in training, and less than $10,000. In either case, the helicopter rating, § 61.129(c) requires highlight areas in which additional proposed requirement to show how this that a pilot complete 10 hours of training may be needed. Certificate data is being used to improve the safety instrument training. However, holders also could use the data as a of flight operations would remain helicopter air ambulance pilots are not training tool during flight simulator applicable. required to hold instrument ratings training sessions to reproduce situations The FAA considered permitting a unless they will be performing IFR or that actually occurred in its operations. CVR as an alternate means of complying VFR over-the-top operations. In addition Certificate holders would be required with the proposed requirement to use to other requirements, § 61.65 requires a to collect flight performance and LARS in an accident prevention pilot to complete 50 hours of cross- country flight time as pilot in command operational data that characterizes the program. However, similar to an FDR, state of the helicopter and its and 40 hours of actual or simulated the data recorded on a CVR may be subsystems which the certificate holder instrument time to obtain an instrument difficult to retrieve following a flight. determines is pertinent to its safety rating. program. Each certificate holder would CVRs may be installed in hard-to-access As discussed previously, the FAA be required to document the procedures locations inhibiting access to the unit. found that inadvertent flight into IMC is and tools it would use to download and Further, obtaining the data may require a common factor in helicopter air analyze the data from LARS, and the the certificate holder to remove the CVR ambulance accidents. In general, many procedures and criteria it would use to from the aircraft in order to transfer the accidents result when pilots who lack identify and evaluate the data from data in an audible format. This process the necessary skills or equipment to fly LARS to enhance safety in its is time-consuming and labor-intensive, in marginal VMC or IMC attempt flight operations. potentially causing the helicopter to without outside references. This The FAA would require a certificate remain out of service for a period of proposal is intended to ensure that holder to establish a method to retrieve, time. A certificate holder may require an helicopter air ambulance pilots are analyze, and evaluate data that is inventory of CVRs to replace a removed equipped to handle these situations and collected by LARS. Under this proposal, CVR and immediately return the extract themselves from these dangerous the FAA intends to provide flexibility to helicopter to service. Although CVRs situations. A pilot who receives the certificate holders with respect to how provide excellent post-accident more extensive training on navigating a each certificate holder uses its LARS information, the CVR data alone does helicopter solely by reference to data by allowing them to establish an not provide adequate information for an instruments provided by obtaining an individualized program that is unique to accident prevention program. The FAA instrument rating is better able to its operation. believes that these inefficiencies, maintain situational awareness and The FAA notes that this proposal maneuver the helicopter into a safe would address NTSB Safety combined with the limited usefulness of a CVR, could present a significant environment than a pilot without an Recommendation A–09–90 that instrument rating. barrier to using CVR information to recommends requiring certificate The FAA is not proposing that a holders to install flight data recording improve the safety of a certificate helicopter air ambulance pilot maintain devices on helicopter air ambulances holder’s operations. instrument currency. This proposal is and to ‘‘establish a structured flight data Although CVRs, FDRs, and QARs targeted to VFR operators because monitoring program that reviews all have been successfully implemented in operators conducting IFR operations available data sources to identify several industry accident prevention already must maintain instrument deviations from established norms and programs, as discussed, the FAA does currency. The FAA has chosen this procedures and other potential safety not believe that traditional recorders approach because, for VFR operators, issues.’’ Because the FAA would require provide the most efficient means to this capability may require fewer LARS under this scenario, the data collecting flight performance and resources than required to meet full developed by operators would not be operational data for helicopter air currency requirements while eligible for protection under 14 CFR part ambulances. In light of the fact that maintaining adequate safety standards. 193, Protection of Voluntarily some helicopters currently used in air Under this proposal, pilots would be Submitted Information. required to demonstrate the ability to Under this proposal, the FAA ambulance operations may be equipped with CVRs or FDRs, and given the recover from inadvertent IMC during anticipates that certificate holders could 39 comprehensive amount of data collected their annual competency checks. The use FDRs installed in helicopter air FAA believes that pilots who learn basic by and superior crashworthiness of ambulances to comply with the LARS instrument skills while obtaining an those devices, the FAA calls for requirement. If the certificate holder is instrument rating, supplemented by required under § 135.152 to have an comments regarding how certificate preparation for an annual competency FDR, it would be able to choose to use holders could incorporate these devices either the FDR or a certified quick- into a program to enhance the safety of 39 See section III.B.3. of the preamble to this access recorder (QAR) connected to the helicopter air ambulance operations. NPRM.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62657

check, will be adequately prepared to Recommendation A–06–12. In that for shorter periods of time between recover from an inadvertent IMC recommendation, the NTSB recognized landings. As a result, it is often more encounter. that part 135 and part 91 differ difficult for a helicopter to fly out of a This proposal would take effect 3 regarding crew rest requirements—part weather system to an alternate years after the effective date of the rule 135 contains flight time limitations and destination. In addition, the destination to allow helicopter air ambulance pilots rest requirements while part 91 does airport and alternate airport are likely to who are not instrument-rated adequate not. The NTSB emphasized in that be in the same air mass and thus time to pursue an instrument rating and recommendation that the phases of experiencing similar weather. Therefore, to distribute the costs over a period of flight that involve transporting medical requiring pilots to use increased time. personnel, patient drop-off, and aircraft weather minima when selecting an positioning comprise the EMS mission alternate airport would improve the b. Flight and Duty Time Limitations and should not be differentiated. The likelihood of landing at the alternate (§§ 135.267 and 135.271) NTSB concluded that the safety of EMS airport if weather conditions in the area The FAA is proposing to amend operations would be improved if the deteriorate while the helicopter is en §§ 135.267 and 135.271 to require entire EMS flight operated under part route. helicopter air ambulance operations 135 operations specifications. The FAA notes that it adapted this conducted with medical personnel on Certificate holders would be required proposal from the current alternate board to count towards a pilot’s daily to comply with this provision by the airport weather requirement in § 91.169 flight time limitations. effective date of the final rule. and from the weather minima in Currently, in certain situations, flight Operations Specification H105 issued to segments conducted without passengers B. Commercial Helicopters Operations part 135 helicopter operators but with medical personnel on board (Including Air Ambulance Operations) conducting IFR operations. The FAA the helicopter are conducted under part The following provisions would apply also notes that the Part 125/135 ARC 91. Specifically, part 91 segments to all commercial helicopter operations, recommended a similar change. preceding part 135 segments are including helicopter air ambulance Certificate holders would be required considered ‘‘other commercial flying’’ operations, conducted under part 135. to comply with this provision by the and count towards a pilot’s daily flight These proposals include new effective date of the final rule. time limitations. Part 91 segments that operational and equipment 2. Equipment Requirements follow part 135 segments do not count requirements for affected certificate towards the daily flight time limitations holders. a. Radio Altimeter (§ 135.160) under § 135.267 or § 135.271, although The FAA is proposing to add these flights count towards a flightcrew 1. Operational Procedures § 135.160 to require radio altimeters for member’s quarterly and yearly flight a. IFR Alternate Airport Weather all helicopters operated under part 135. time limitations because they are Minima (§ 135.221) Certificate holders would have 3 years commercial flights. The FAA is proposing to amend from the effective date of the final rule Helicopter air ambulance accidents § 135.221 to revise the alternate airport to comply. Currently, part 135 does not have not been limited to flights weather minima for helicopter IFR require radio altimeters for any aircraft. conducted while patients were on board operations. Currently, pilots conducting However, under FAA Operations the aircraft. In fact, 35 of the 55 IFR operations must designate an Specification A050, helicopter operators accidents included in the NTSB’s alternate airport at which the weather authorized to use night vision goggles in January 2006 Special Investigation conditions will be at or above the night operations are required to use Report on Emergency Medical Services authorized landing minima at the radio altimeters. Operations, occurred with medical Radio altimeters are designed to estimated time of arrival. personnel but no patients were on inform the pilot of the aircraft’s actual Under the proposal, for part 97 board.40 The FAA, therefore, is height above the ground.41 A radio instrument approach procedures or proposing to provide additional altimeter can greatly improve a pilot’s special instrument approach protections to medical crewmembers on awareness of height above the ground procedures, to designate an airport as an flights, which under the current rules, (AGL) during hover, landing in alternate, the ceiling at the alternate would be conducted under part 91. unimproved landing zones (rough field airport would need to be 200 feet above As previously discussed, the FAA is landings), and landings in confined the minimum for the approach to be proposing to apply part 135 rules to all areas where a more vertical approach flown, and the visibility would need to helicopter air ambulance flights with may be required. Additionally, radio be at least 1 statute mile, but never less medical personnel on board. This would altimeters help increase situational than the minimum visibility for the have the effect of bringing such flight awareness during inadvertent flight into approach to be flown. For airports segments of a helicopter air ambulance IMC, night operations, and flat-light, without a part 97 instrument approach operation under the part 135 flight and whiteout, and brownout conditions. In or no special instrument approach duty rules. The changes proposed to all of these conditions, pilots lose their procedure, the ceiling and visibility §§ 135.267 and 135.271 emphasize that reference to the horizon and to the minima would be those allowing all flight time in helicopter air ground. descent from the minimum en route ambulance operations would be Radio altimeters are proven altitude, approach, and landing under considered flight time that counts technology that is relatively low-cost, VFR. towards a pilot’s daily fight time The FAA notes that the proposal limitations. 41 A radio altimeter sends a radio wave to the recognizes the differences in operating The FAA notes that these proposed ground and determines the height of aircraft above characteristics between helicopters and the surface by measuring the time it takes for the changes respond to NTSB Safety airplanes. Helicopters fly shorter radio wave to be reflected back to the receiving unit. Altitude is then displayed on the aircraft’s 40 NTSB, Special Investigation Report on distances at slower airspeeds than most control panel. Additionally, the pilot can select a Emergency Medical Services Operations (NTSB/ other aircraft, carry less fuel than an low altitude indicator to alert him or her of a low- SIR–06/01) 3 (Jan. 25, 2006). airplane, and generally remain in the air altitude situation.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62658 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

reliable, and user-friendly. According to or other device that measures an or offshore heliport structure) is a January 2009 FAA survey of certificate aircraft’s altitude by sending a signal to required to carry the equipment listed in holders authorized to conduct the ground, should be required because § 135.167. helicopter air ambulance operations, 89 of the accuracy of information obtained Under proposed § 1.1, the reference to percent of helicopter air ambulance from those units and the method by offshore heliport structures would be operators have installed radio altimeters which that information is collected. removed from the definition of on their aircraft. The FAA estimates, Some HTAWS are passive and derive ‘‘extended over-water operation’’ for based on a sampling of certificate the aircraft’s ground speed, position, helicopters. As a result, any operation holders, that 75 percent of helicopters and altitude from a GPS and a conducted more than 50 NM from the used in other part 135 operations are preprogrammed algorithm database nearest shoreline would be an extended currently equipped with radio installed and maintained by the over-water operation, regardless of altimeters. HTAWS manufacturer. Additionally, proximity to offshore heliport The FAA believes that the following altitude indications on such systems structures. The FAA recognizes that the accident illustrates the type of accident often rely on the pilot setting the correct current rule permits helicopters to travel that may have been prevented with the barometric pressure, which may change long distances from shore without use of radio altimeters. On May 31, rapidly, to obtain an accurate reading. carrying safety equipment other than 2006, a Bell 206L–1 helicopter, The FAA is concerned that passive floatation devices and life preservers, as operating under 14 CFR part 135 and systems may not provide as accurate an long as they remain within 50 miles of originating in Juneau, AK, collided with altitude reading for pilots experiencing an offshore heliport. In the Gulf of terrain while maneuvering in reduced brownout or white-out conditions while Mexico, for example, some offshore oil visibility over an ice field. The pilot close to the ground. A radio altimeter is platforms are located 150 NM from the encountered whiteout and flat light an active system that provides real-time shoreline. The FAA is concerned that conditions, and fog. The pilot and two information to the pilot regarding the offshore heliports may not provide the out of the six passengers received minor aircraft’s height above the terrain, same search and rescue capabilities as injuries. During the investigation, the including elevated heliports and are available on shore, such as Coast pilot stated that he could not ‘‘discern buildings, by sending and receiving a Guard patrols and a greater number of the ground below him due to the flat signal from the aircraft. Radio altimeters vessels in the vicinity. Accordingly, the light conditions.’’ The NTSB cited ‘‘the are also not subject to variations in FAA believes that this change would pilot’s failure to maintain adequate barometric pressure. The FAA notes that increase safety by eliminating the ability altitude/clearance from terrain while an HTAWS that incorporates or works to hopscotch from heliport to heliport at maneuvering in adverse weather in conjunction with a radio altimeter great distances from shore without conditions’’ as the probable cause of the function would meet the requirements carrying water survival safety accident. The NTSB further noted that of this proposal. The FAA seeks equipment. the helicopter was not equipped with a comment on the requirement to install Under proposed rule § 135.168, a radio altimeter. See NTSB Accident a radio altimeter, and the safety benefits helicopter operating over water beyond Report ANC06LA066 (Feb. 26, 2007). of installing both HTAWS and a radio autorotational distance from the The proposal would respond to NTSB altimeter. The FAA also seeks shoreline but within 50 NM of the Safety Recommendation A–02–35, comments on the proposed effective shoreline would be required to carry, which was issued after the date of this provision. among other equipment—life investigations of several accidents in preservers; a 406 megahertz (MHz) which flat-light or whiteout conditions b. Safety Equipment for Over-Water emergency locator transmitter that were mentioned as the probable cause. Flights (§§ 1.1, 135.167, and 135.168) meets the requirements of TSO–C126a, In its recommendation, the NTSB noted The FAA is proposing to revise the 406 MHz Emergency Locator that radio altimeters, currently not definition of extended over-water Transmitter (ELT), a pyrotechnic required for helicopters, might aid pilots operation in § 1.1 as it applies to signaling device; and electronically in recognizing proximity to the ground helicopters. The FAA also is proposing deployable or externally mounted life in flat-light and whiteout conditions. to amend § 135.167 to exclude rotorcraft rafts. For extended over-water In addition, the FAA notes that the and add § 135.168 prescribing graduated operations, a helicopter would need to proposal would respond to the Part 125/ emergency equipment requirements for be equipped with the equipment 135 ARC’s recommendation to require rotorcraft based on the distance the required for over water operations, as installation of radio altimeters in rotorcraft is operating from the well as additional survival equipment helicopter air ambulances. For the shoreline. Certificate holders would prescribed in proposed § 135.168. reasons discussed above, however, the have 3 years from the effective date of The FAA is proposing to require a 406 FAA is proposing broader use of radio the final rule to comply with proposed MHz ELT for several reasons. As altimeters to increase safety in all part § 135.168. indicated in previous rulemakings, the 135 rotorcraft operations. Currently, under § 91.205(b)(12) and 406 MHz ELT provides an enhancement The FAA notes that this proposed rule § 135.183, a passenger-carrying and more life-saving benefits, especially would require helicopter air ambulances helicopter operating over water at an for over-water operations, than the to be equipped with both HTAWS and altitude that would not permit it to 121.5/243 MHz ELT. See 65 FR 81316 a radio altimeter. Additionally, other reach land in the event of engine failure (Dec. 22, 2000); 59 FR 32050 (Jun. 21, commercial helicopter operators may must be equipped with approved 1994). These benefits include a opt to voluntarily equip their flotation gear for each passenger and, narrower search area, a stronger signal helicopters with HTAWS. The FAA unless it is a multiengine helicopter that resulting in less interference, and the considered whether to permit devices meets certain performance ability to code the transmitter with the that perform functions similar to radio requirements, helicopter floatation owner’s or aircraft’s identification. altimeters, such as HTAWS, to satisfy devices. Additionally, a helicopter Further, as of February 1, 2009, the the radio altimeter requirement. engaged in extended over-water international search-and-rescue satellite However, the FAA has determined that operations (currently defined as more system, known as COSPAS–SARSAT, either an FAA-approved radio altimeter, than 50 NM from the nearest shoreline ceased monitoring 121.5 MHz ELTs in

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62659

response to guidance from the of the Gulf of Mexico. NTSB Accident design features and behave less International Civil Aviation Report DFW05MA230 (Apr. 28, 2009). predictably when ditched. Therefore, Organization (ICAO) and the In another accident, which occurred the FAA believes that helicopter International Maritime Organization in 2003, a helicopter operating under passengers should have additional (IMO). These organizations mandate part 135 experienced engine failure over protections for survival in water if they safety requirements for aircraft and the Gulf of Mexico and ditched. The need to exit the helicopter after maritime vessels and have recognized pilot and four passengers evacuated and ditching. the limitations of the 121.5 MHz inflated their personal flotation devices; 3. Training—Recovery From Inadvertent beacons and the superior capabilities of however, the pilot and one passenger Flight Into IMC (§ 135.293) the 406 MHz alerting system. died and the other passengers were Among the equipment that would be seriously injured before the rescue team The FAA is proposing to amend required under proposed § 135.168 for arrived. The helicopter was equipped § 135.293 to require helicopter pilots to operations conducted beyond with a life raft located under the cabin demonstrate recovery from an autorotational distance from shore are seats, but it was not deployed. Surviving inadvertent IMC encounter and electronically deployable or externally passengers indicated that they were not understand procedures for aircraft mounted life rafts. The FAA believes briefed about the location of the life raft. handling in flat-light, whiteout, and that life rafts, in addition to life The NTSB noted ‘‘[w]ith better access to brownout conditions. preservers, are necessary safety life rafts stored on board the aircraft and The current regulations do not require equipment in the event of ditching. better signaling devices, occupants a pilot to demonstrate safely Passengers and crewmembers who are would have had a greater chance of maneuvering an aircraft back into VMC forced to exit a helicopter in water may surviving.’’ NTSB Accident Report following an inadvertent flight into IMC be subject to strong currents and waves, FTW03FA097 (Apr. 28, 2005). during a § 135.293 competency check. making it difficult to swim or float with The FAA notes that these proposals Pilots seeking a commercial or airline a life preserver for long periods of time. address NTSB Safety Recommendation transport pilot (ATP) certificate are not In addition, a person in a life raft is not A–07–87 that recommends all existing required to demonstrate an IMC as affected by cold water temperatures and new turbine-powered helicopters recovery during the initial examination. and is more visible to rescuers than if operating in the Gulf of Mexico and A demonstration of IMC recovery is not he or she is in the water. In accidents certificated with five or more seats be included in the currency requirements involving over-water operations, rescue equipped with externally mounted life for any pilot certificate. However, the aircraft can experience difficulty rafts large enough to accommodate all FAA requires demonstration of Lost locating and reaching a downed occupants. Additionally, they address Procedures and Radio Navigation and helicopter because of the strength of the NTSB Safety Recommendation A–07–88 Radar Services, which contain currents in which a ditching occurred that recommends all offshore helicopter components similar to IMC recovery and inaccurate coordinates provided by operators in the Gulf of Mexico provide procedures under, the Commercial Pilot the pilot experiencing the emergency. their flight crews with personal flotation Practical Test Standards for Passenger access to emergency devices equipped with a waterproof, Rotorcraft.42 In AC 135–14A, the FAA equipment sufficient to remain afloat for global-positioning-system-enabled 406 also recommends that helicopter air the period of time it is likely to take a megahertz personal locater beacon, as ambulance pilots obtain training in rescue mission to reach the site well as one other signaling device, such basic instrument flying skills to assist in enhances survivability. as a signaling mirror or strobe light. recovery from inadvertent flight into The proposed requirement for Additionally, the Part 125/135 ARC IMC. electronically deployable or externally recommended that the FAA amend its Under this proposal, § 135.293 would mounted life rafts would increase the regulations to base emergency require a pilot to demonstrate a realistic likelihood that these items would be equipment requirements on the distance course of action that he or she might available during an emergency. In two a helicopter operates from the shoreline. take to escape from inadvertent IMC accidents investigated by the NTSB, The FAA agrees with the Part 125/135 during a competency check. The FAA helicopters sank before passengers ARC’s recommendation, and believes its understands that aircraft are configured could deploy the life rafts that were on proposed changes would result in a differently and instrument approaches board. higher level of safety because of the may not be readily available in all One accident cited by NTSB occurred enhanced safety equipment carried by places where helicopters operate. off the coast of Texas in 2005 following helicopters operating over water. Therefore, the FAA would permit an in-flight fire and eventual dual- The FAA points out that the proposed flexibility in the method by which a engine power loss. When the helicopter, safety equipment requirements for pilot meets the demonstration which was operating under part 135, hit helicopters differ from those for requirement and expects that inspectors the water, it sank so rapidly that neither airplanes. This distinction is made for would approve methods appropriate to of the two life rafts stored under the two reasons. First, helicopters generally the aircraft, equipment, and facilities cabin seats were retrieved before the operate at lower altitudes than available. helicopter sank. The occupants, all of passenger-carrying aircraft. In the Gulf The proposal would require that the whom were wearing personal flotation of Mexico, helicopters serving oil rigs demonstration be scenario-based and devices, survived; however, some typically operate at altitudes below include attitude instrument flying, occupants suffered hypothermia during 10,000 feet. These lower altitudes leave recovery from unusual attitudes, the 71⁄2 hours that elapsed before they little power-off glide capability. Second, navigation, ATC communications, and were rescued. The NTSB noted that, airplanes are designed with certain at least one instrument approach. The although the survivors’ personal features that enable them to float for a check-pilot should coordinate with flotation devices were equipped with period of time after ditching, such as ATC, if available, before the execution locator lights, the U.S. Coast Guard doors above the waterline, closeable of the scenario to inform ATC that search and rescue crews, using night- outflow valves in the wings, and, in exercises will be performed with VFR- vision goggles, reported that the lights some airplanes, pressurized cabins. were barely visible at night in the waters Helicopters do not incorporate these 42 FAA–S–8081–16A.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62660 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

equipped helicopter and that radar This proposed rule also would information before a flight involving a vectors and directional turns will be address NTSB Safety Recommendation multiengine aircraft. The load manifest requested. If the aircraft is appropriately A–09–87 that calls for development of must be prepared in duplicate, and one equipped and the check is conducted at scenario-based pilot training for copy must be carried on board the a location where an ILS is operational, helicopter air ambulance pilots that aircraft to its destination. Section 135.63 the pilot should demonstrate an ILS included inadvertent flight into IMC currently does not prescribe any specific approach. If the pilot is unable to and hazards unique to helicopter air action for the copy of the load manifest conduct an ILS approach, he or she ambulance operations, and determine not carried on board the aircraft. should demonstrate a GPS approach if how frequently this training is required However, the FAA has advised the aircraft is equipped to do so and the to ensure proficiency. certificate holders to incorporate pilot is properly trained. If neither an procedures in their operations manuals C. Miscellaneous ILS nor GPS procedure can be for the disposition of the duplicate performed, the pilot should perform 1. Part 91 Weather Minima (§ 91.155) copy.43 In the past, multiengine airplanes another instrument approach. Partial The FAA is proposing to revise panel operations, during which were the predominant means of § 91.155 to prescribe visibility minima transportation under part 135. Recently, instrument failure or loss of for helicopters operating under part 91 instrumentation is simulated, should be single-engine passenger carrying aircraft in Class G airspace. Section 91.155(b)(1) have increased in size and capacity and, considered if sufficient instruments are currently requires helicopters operating available from single sources. therefore their use in on-demand under VFR, at 1,200 feet or less above operations has increased. In 2005, the The proposal also would require a the surface, to remain clear of clouds pilot to demonstrate knowledge of the 125/135 ARC recommended that the and operate at a speed that permits the FAA amend load manifest requirements methods for avoiding the conditions pilot adequate opportunity to see any air described above and the proper aircraft to include all part 135 aircraft. The FAA traffic or obstruction in time to avoid a finds that all operators carrying handling on a written or oral test. To collision. The FAA is concerned that the satisfy these requirements, the FAA passengers for hire must generate a current standard does not provide an manifest, regardless of the type of anticipates that pilots would receive adequate margin of safety for pilots who training on items such as landing zone aircraft operated. In the event of an may suddenly encounter IMC because of emergency, the operator must be able to reconnaissance, risk mitigation, rapidly changing weather. The FAA is maintaining situational awareness and account for aircraft occupants and, in also concerned that the ‘‘clear of clouds’’ the case of a fatal or serious accident, decision-making on whether to land or standard, without an associated choose an alternate landing site. contact next of kin. Additionally, the minimum visibility, may encourage FAA believes that, in the event of an This provision would take effect on ‘‘scud running’’ in which pilots fly at a accident, load manifest information the effective date of the final rule. continually decreasing altitude to pertaining to the aircraft’s weight and In 2002, the NTSB issued Safety remain clear of lowering clouds in an balance would be useful in determining Recommendations A–02–33 and A–02– attempt to stay in VFR conditions. whether the aircraft was loaded within 34 after investigating five commercial Consequently, the FAA is proposing a the aircraft’s center-of-gravity limits and helicopter accidents in Alaska in which minimum visibility standard of 1⁄2 maximum allowable takeoff weight. flat-light or whiteout conditions were statute mile during the day, and 1 Therefore a copy of the load manifest thought to be the probable cause of the statute mile at night, for helicopters should be available if the copy on the accidents. In its recommendations, the operating under VFR at 1,200 feet or less aircraft is destroyed. NTSB expressed concern that above the surface in Class G airspace. This proposal would respond to commercial helicopter operators who This proposal would provide a greater NTSB Safety Recommendation A–99– operate in such conditions are not margin of safety for operators because 61. That recommendation followed a required to be instrument-rated or to pilots would be required to maintain a 1997 accident in which a single-engine demonstrate instrument competency, fixed amount of visibility, and would be aircraft operating under part 135 and and that those pilots are not provided less likely to suddenly encounter IMC. not equipped with an FDR collided with with the training necessary to operate In addition to the proposed visibility terrain, killing the pilot and all eight safely in such conditions. The NTSB minima, the proposed rule would retain passengers. The NTSB determined that therefore recommended in Safety the current requirement to remain clear weight and balance may have played a Recommendation A–02–33 that the FAA of clouds. role. The NTSB expressed concern that require all helicopter pilots who This provision would take effect on ‘‘single-engine operators may not conduct commercial, passenger-carrying the effective date of the final rule. consistently give weight and balance flights in areas where flat light or calculations the attention necessary to 2. Load Manifest Requirements for All whiteout conditions routinely occur to ensure safe flight,’’ and noted that Part 135 Aircraft (§ 135.63) possess a helicopter-specific instrument § 135.63(c) currently requires only rating and to demonstrate their The FAA is proposing to revise the operators of multiengine aircraft to instrument competency during initial requirements of § 135.63 to apply to all prepare an accurate load manifest in and recurrent pilot testing required aircraft operated under part 135 and to duplicate before each take off. The under 14 CFR 135.293. In addition, in permit electronic transmission of NTSB therefore recommended that the Safety Recommendation A–02–34, the manifest copies. In considering this FAA amend the regulation ‘‘to apply to NTSB recommended requiring all proposal for commercial operations, the single-engine as well as multiengine commercial helicopter operators FAA determined this requirement aircraft.’’ conducting passenger-carrying flights in would be beneficial for all part 135 areas where flat light or whiteout operations. Currently, § 135.63 requires 43 Legal Interpretation to Stanley L. Bernstein, conditions routinely occur to include the preparation of a load manifest from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (Nov. 11, 2009), available safe practices for operating in flat light detailing information such as aircraft at http://www.faa.gov/about/office_org/ or whiteout conditions in their weight, center of gravity, crewmember headquarters_offices/agc/pol_adjudication/agc200/ approved training programs. identification, and other aircraft Interpretations/.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62661

In addition, the FAA is proposing to being performed and that safety Average per Year eliminate the requirement that the load procedures and training requirements Cost: $29,037,040/10 = $2,903,704 manifest be prepared in duplicate for are being followed. In the event of an Time: 604,940 hours/10 = 60,494 hours certificate holders who elect to accident, the FAA and other entities electronically transmit the information could examine these records. (2) Require air ambulance operators contained in the load manifest to their Number of Respondents: 17,237. with 10 or more helicopters to have an operations base before take off. A Estimate of Annual Burdens: The operations control center to certificate holder electing this option following proposals would result in communicate with pilots, advise pilots would be permitted to transmit the recordkeeping burdens. of weather conditions, and provide information by facsimile, e-mail, online (1) Require certificate holders flight-following services (§ 135.617): form, or other electronic means and the performing helicopter air ambulance This proposal would require certificate information must be received by the operators to implement pre-flight risk- holders to train and test operations certificate holder’s base of operations or analysis programs (§ 135.615): This control specialists and retain records on other approved location before take off. proposal would require that certificate those employees. This would ensure that the load holders outline procedures for The following estimate corresponds to manifest information is available in the conducting pre-flight risk-analysis section A.1.b. of the economic event that the copy carried on board the programs in their operations manuals. evaluation. aircraft is destroyed. If a certificate The following estimate corresponds to Cost of Maintaining Records for the holder does not elect to transmit load section A.1.d. of the economic Operations Control Specialists’ Training manifest information electronically, it evaluation. and Examinations would be required to prepare the load manifest in duplicate. Additionally, the Cost to Helicopter Air Ambulance Operations control specialists = 288 proposed rule would require the pilot in Operators To Develop a Pre-Flight Risk Time needed for a clerical person to command to arrange for a copy of the Analysis Program maintain records of the training and load manifest to be sent to the certificate Air ambulance operators = 73 examinations = 5/60 hour holder, retained in a suitable place at Time needed to develop risk analysis Salary of clerical person = $26 per hour the takeoff location, or retained in program = 60 hours First-Year Cost another location approved by the FAA. Salary of helicopter pilot = $48 per hour The FAA notes that the proposed Cost: 288 × (5/60) × $26 = $624 regulation would not alter the First-Year Cost Time: 288 × (5/60) = 24 hours requirement that a copy of the load × × Cost: 73 60 $48 = $210,240 Subsequent Years: Per-Year Costs manifest must be carried on board the Time: 73 × 60 = 4,380 hours aircraft to its final destination, although Cost: 288 × (5/60) × $26 = $624 that copy may be in an electronic Subsequent Years: Per-Year Costs Time: 288 × (5/60) = 24 hours format. In addition, the proposal would Cost: $0 Total Over 10 Years not change the required content of the Time: 0 hours load manifest. Cost: $624 × 10 = $6,240 Certificate holders would be required Total Over 10 Years Time: 24 hours × 10 = 240 hours to comply with this provision by the Cost: $210,240 effective date of the final rule. Time: 4,380 hours Average per Year While the FAA believes that proposed Average per Year Cost: $6,240/10 = $624 change could improve safety by Time: 240 hours/10 = 24 hours enhancing pre-flight planning by pilots Cost: $210,240/10 = $21,024 (3) Require additional VFR flight conducting part 135 operations, in its Time: 4,380 hours/10 = 438 hours full Regulatory Evaluation (in the public planning (§ 135.613): This proposal docket for this rulemaking) the agency Cost for Pilots To Perform a Pre-Flight would require helicopter air ambulance estimates it could impose costs of $134 Risk Analysis Before Each Flight pilots to perform pre-flight planning. million or $82 million present value. Air ambulance Helicopters = 989 Certificate holders would need to The FAA estimates that the present Operations per year per aircraft = 367 outline procedures for pre-flight value benefits at 7% over 10 years Time needed for risk analysis = 10/60 planning in their operations manuals. would be $20 million. The FAA seeks hour The following estimate corresponds to comments, accompanied by data, on Salary of helicopter pilot = $48 per hour section A.1.c. of the economic how these costs could be reduced and evaluation. First-Year Cost how benefits could be increased while Cost To Helicopter Air Ambulance × × × maintaining an equivalent level of Cost: 989 367 (10/60) $48 = Operators To Establish Procedures To safety. $2,903,704 Evaluate, Analyze, and Use Additional Time: 989 × 367 × (10/60) = 60,494 IV. Paperwork Reduction Act VFR Flight Planning in Their Operations hours Manuals This proposal contains the following new information collection Subsequent Years: Per-Year Costs Air ambulance helicopters = 989 requirements. As required by the Cost: 989 × 367 × (10/60) × $48 = Operations per year per aircraft = 367 Paperwork Reduction Act of 1995 (44 $2,903,704 Time needed for the flight planning = 5/ U.S.C. 3507(d)), the FAA has submitted Time: 989 × 367 × (10/60) = 60,494 60 hour the information requirements associated hours Salary of helicopter pilot = $48 per hour with this proposal to the Office of Total Over 10 Years First-Year Cost Management and Budget for its review. Use: The information collection Cost: $2,903,704 × 10 = $29,037,040 Cost: 989 × 367 × (5/60) × $48 = would enable helicopter air ambulance Time: 60,494 hours × 10 = 604,940 $1,451,852 operators to verify that risk analyses are hours Time: 989 × 367 × (5/60) = 30,247 hours

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62662 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

Subsequent Years: Per-Year Costs Cost to Helicopter Air Ambulance Time: 9,140 hours/10 = 914 hours Cost: 989 × 367 × (5/60) × $48 = Operators To Establish Procedures To (6) Require preparation of a load $1,451,852 Evaluate, Analyze, and Use LARS Data manifest by operators of all aircraft (not in Their Operations Manuals Time: 989 × 367 × (5/60) = 30,247 hours limited to multiengine aircraft) operated Air ambulance operators = 73 under part 135 (§ 135.63): This would Total Over 10 Years Time needed for chief pilot = 2 hours amend existing OMB Control Number Cost: $1,451,852 × 10 = $14,518,520 Time needed for a clerical person = 6 2120–0039 by expanding the Time: 30,247 hours × 10 = 302,470 hours applicability from multiengine aircraft hours Salary of chief pilot = $53 per hour to all aircraft. The following, therefore, Salary of clerical person = $26 per hour addresses single-engine aircraft only. Average per Year The following estimate corresponds to First-Year Cost Cost: $14,518,520/10 = $1,451,852 section C.2. of the economic evaluation. × × × × Time: 302,470 hours/10 = 30,247 hours Cost: [73 2 $53] + [73 6 $26] = Air ambulance aircraft (single-engine) = $19,126 108 (4) Light-weight aircraft recording Time: [73 × 2] + [73 × 6] = 584 hours system (LARS) on helicopter air Commercial aircraft (single-engine) = ambulances: The FAA is seeking Subsequent Years: Per-Year Costs 3,752 comment on whether to require that Cost: $0 Average number of takeoffs daily = 3 certificate holders install LARS on their Time: 0 hours Technical time per takeoff = 5/60 hour helicopter air ambulances and outline Salary of single-engine pilot = $38 per procedures for evaluating and using Total Over 10 Years hour LARS data in their operations manuals. Cost: $19,126 First-Year Cost The following estimate corresponds to Time: 584 hours section A.2.b. of the economic Cost = [(108) × (3) × (365) × (5/60) × Average per Year evaluation. ($38)] + [(3,752) × (3) × (365) × (5/60) Cost: $19,126/10 = $1,913 × ($38)] = $13,384,550 One-Time Cost to Helicopter Air Time: 584 hours/10 = 58.4 hours Time = [(108) × (3) × (365) × (5/60)] + Ambulance Operators To Install LARS × × × (5) Require that medical personnel on [(3,752) (3) (365) (5/60)] = Helicopter air ambulances = 989 board helicopter air ambulance flights 352,225 hours Unit cost to equip with LARS = $6,450 either receive a supplemental safety Subsequent Years: Per-Year Costs briefing or safety training in lieu of a First-Year Cost Cost = [(108) × (3) × (365) × (5/60) × × pre-flight briefing (§ 135.619): Certificate × × × Cost: 989/3 $6,450 = $2,126,350 holders choosing the option to provide ($38)] + [(3,752) (3) (365) (5/60) × ($38)] = $13,384,550 Subsequent 2 Years: Per-Year Costs safety training would be required to Time = [(108) × (3) × (365) × (5/60)] + × retain training records on those × × × Cost: 989/3 $6,450 = $2,126,350 employees. [(3,752) (3) (365) (5/60)] = Total Over 10 years The following estimate corresponds to 352,225 hours section A.1.e. of the economic Cost: $2,126,250 × 3 = $6,379,050 Total Over 10 Years evaluation. × Average per Year Cost = $13,384,550 10 = $133,845,500 Cost to Certificate Holder for Time = 352,225 hours × 10 = 3,522,250 Cost: $6,349,050/10 = $637,905 Documenting the Training Provided to hours Medical Personnel Cost for LARS Software Average Per Year Medical personnel = 10,965 Helicopter air ambulances = 989 Time needed for a clerical person to Cost = $133,845,500/10 = $13,384,550 Cost for LARS software = $750 document the training = 5/60 hour Time = 3,522,250 hours/10 = 352,225 First-Year Cost Salary of Clerical Person = $26 per hour hours Cost: 989/3 × $750 = $247,250 First-Year Cost (7) Require that operations control × × specialists would be subject to Second-Year Cost Cost: 10,965 (5/60) $26 = $23,758 certificate holders’ drug and alcohol Time: 10,965 × (5/60) = 914 hours Cost: 989 × (2⁄3) × $750 = $494,500 testing programs (§§ 120.105 and Subsequent Years: Per-Year Costs 120.215): The FAA believes that, Subsequent Years: Per-Year Costs because certificate holders currently Cost: 10,965 × (5/60) × $26 = $23,758 × administer and maintain records for Cost: 989 $750 = $741,750 Time: 10,965 × (5/60) = 914 hours drug and alcohol testing for other Total Over 10 Years Total Over 10 Years employees (approved under OMB Cost: $247,250 + $494,500 + $741,750 × Cost: $23,758 × 10 = $237,580 Control Number 2120–0535), the cost 8 = $6,675,750 Time: 914 hours × 10 = 9,140 hours for a clerical person to maintain these records would be negligible. Average per Year Average per year. Summary of all Burden Hours and Cost: $6,675,750/10 = $667,575 Cost: $237,580/10 = $23,758 Costs:

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62663

The agency is soliciting comments V. International Compatibility likely to result in the expenditure by to— In keeping with U.S. obligations State, local, or tribal governments, in the (1) Evaluate whether the proposed under the Convention on International aggregate, or by the private sector, of information requirement is necessary for Civil Aviation, it is FAA policy to $100 million or more annually (adjusted the proper performance of the functions conform to International Civil Aviation for inflation with base year of 1995). of the agency, including whether the Organization (ICAO) Standards and This portion of the preamble information will have practical utility; Recommended Practices to the summarizes the FAA’s analysis of the (2) Evaluate the accuracy of the maximum extent practicable. The FAA economic impacts of this proposed rule. agency’s estimate of the burden; has reviewed the corresponding ICAO Readers seeking greater detail should (3) Enhance the quality, utility, and Standards and Recommended Practices read the full regulatory evaluation, a clarity of the information to be and has identified no differences with copy of which is in the docket for this collected; and these proposed regulations. rulemaking. In conducting these analyses, FAA (4) Minimize the burden of collecting VI. Regulatory Evaluation, Regulatory has determined that this proposed rule: information on those who are to Flexibility Determination, International (1) Has benefits that justify its costs; (2) respond, including by using appropriate Trade Assessment, and Unfunded is not an economically ‘‘significant automated, electronic, mechanical, or Mandates Assessment other technological collection regulatory action’’ as defined in section techniques or other forms of information Regulatory Evaluation 3(f) of Executive Order 12866; (3) would technology. Changes to Federal regulations must be otherwise ‘‘significant’’ as defined in Individuals and organizations may undergo several economic analyses. Executive Order 12866 and DOT’s send comments on the information First, Executive Order 12866 directs that Regulatory Policies and Procedures; (4) collection requirement by January 10, each Federal agency shall propose or would have a significant economic 2011, and should direct them to the adopt a regulation only upon a reasoned impact on a substantial number of small address listed in the ADDRESSES section determination that the benefits of the entities; (5) would not create at the beginning of this preamble. intended regulation justify its costs. unnecessary obstacles to the foreign Comments also should be submitted to Second, the Regulatory Flexibility Act commerce of the United States; and (6) the Office of Management and Budget, of 1980 (Pub. L. 96–354) requires would not impose an unfunded Office of Information and Regulatory agencies to analyze the economic mandate on state, local, tribal Affairs, Attention: Desk Officer for FAA, impact of regulatory changes on small governments, or on the private sector by New Executive Building, Room 10202, entities. Third, the Trade Agreements exceeding the threshold identified 725 17th Street, NW., Washington, DC Act (Pub. L. 96–39) prohibits agencies above. These analyses are summarized 20053. from setting standards that create below. According to the 1995 amendments to unnecessary obstacles to the foreign The estimated mean benefit value for the Paperwork Reduction Act (5 CFR commerce of the United States. In the air ambulance provisions is $270 1320.8(b)(2)(vi)), an agency may not developing U.S. standards, this Trade million or $160 million present value collect or sponsor the collection of Act requires agencies to consider over the next 10 years. The estimated information, nor may it impose an international standards and, where mean benefit value for the commercial information collection requirement appropriate, that they be the basis of provisions is $193 million or $115 unless it displays a currently valid OMB U.S. standards. Fourth, the Unfunded million present value over the next 10 control number. The OMB control Mandates Reform Act of 1995 (Pub. L. years. The FAA estimates the cost of number for this information collection 104–4) requires agencies to prepare a this proposed rule for the air ambulance will be published in the Federal written assessment of the costs, benefits, provisions would be approximately Register, after the Office of Management and other effects of proposed or final $210 million ($136 million, present and Budget approves it. rules that include a Federal mandate value) over the next 10 years. The

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 EP12OC10.000 62664 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

estimated cost of the proposed rule for requirements to the scale of the rule will have a significant economic the commercial provisions would be business, organizations, and impact on a substantial number of small approximately $145 million ($89 governmental jurisdictions subject to entities. If the agency determines that it million, present value) over the next 10 regulation.’’ To achieve that principle, will, the agency must prepare a years. the RFA requires agencies to solicit and regulatory flexibility analysis as As noted in the full regulatory consider flexible regulatory proposals described in the Act. evaluation, the FAA is unable to and to explain the rationale for their This proposed rule would impact air estimate the costs of provisions A.1.a, actions. The RFA covers a wide-range of ambulance, air tour, and on demand A.3.b, and B.2.a. The FAA calls for small entities, including small comments from affected entities businesses, not-for-profit organizations operators. The U.S. Small Business requesting that all comments be and small governmental jurisdictions. Administration (SBA) classifies accompanied by clear and detailed The FAA invites public comment on its businesses as small based on size supporting economic documentation. RFA analysis, as detailed below, standards, typically expressed in terms particularly with respect to the number of annual revenue or number of Regulatory Flexibility Determination of small entities impacted, the costs for employees. SBA publishes a table of The Regulatory Flexibility Act of 1980 small entities, and alternatives to the small business size standards matched (RFA) establishes ‘‘as a principle of proposed rule that would meeting the to North American Industry regulatory issuance that agencies shall agency’s statutory objectives in a less Classification System (NAICS) codes. endeavor, consistent with the objective burdensome manner. Table 1 shows the size standards for the of the rule and of applicable statutes, to Agencies must perform a review to entities that would be affected by this fit regulatory and informational determine whether a proposed or final rule.

Because the FAA did not have actual tour operators (with estimated revenues considered the proposed rule, (2) the annual revenues for air ambulance lower than $7 million) out of the 43 air objectives and legal basis for the operators, the agency estimated them tour operators that would be affected by proposed rule, (3) the kind and number using helicopter counts as a revenue this regulation. Their annualized cost of small entities to which the proposed driver. The FAA assumed an average of per operation ranges between $10 and rule would apply, (4) the reporting, 367 operations per year for each $24. Their ratio of annualized cost to recordkeeping, and other compliance helicopter and a revenue charge of annual revenue ranges between 0.58% requirements of the proposed rule, $7,000 per operation. As such, the FAA and 1.42%, which may be significant. (5) all Federal rules that may duplicate, estimated that 28 small air ambulance Accordingly, the FAA prepared a overlap, or conflict with the proposed operators (with estimated revenues regulatory flexibility analysis for small rule, and (6) alternatives to the proposed lower than $7 million) out of the 73 air air tour operators, as described in the rule. ambulance operators would be affected next section. Reasons the FAA Considered the Rule by this proposed regulation. Their The FAA identified 379 small on annualized cost per operation 44 ranges demand operators (with 1,500 or fewer See section II. Background. between $123 and $131. Their ratio of employees) out of the 380 on demand The Objectives and Legal Basis for the annualized cost to annual revenue operators that would be affected by this Rule ranges between 1.76% and 1.88%, proposed regulation. Although their which is significant.45 This proposal annualized compliance costs ranges The FAA’s authority to issue rules on would impact approximately 18 not-for- between $6,752 and $642,020, the aviation safety is found in Title 49 of the profit air ambulance operators. agency is unable to estimate their United States Code. This rulemaking is Accordingly, the FAA prepared a annual revenues because average promulgated under the authority regulatory flexibility analysis for small revenue per operation for these entities described in 49 U.S.C. 44701(a)(4), air ambulance operators, as described in is not meaningful. There are a number which requires the Administrator to the next section. of factors (e.g., length of flight, type of promulgate regulations in the interest of For air tour operators, the FAA helicopter) that determine the revenue safety for the maximum hours or assumed an average of 747 operations for an individual operation. These periods of service of airmen and other per year for each helicopter and a factors are not likely to result in a employees of air carriers, and 49 U.S.C. revenue charge of $1,700 per operation. distribution around a meaningful 44701(a)(5), which requires the As such, the FAA identified 31 small air average revenue. The FAA seeks Administrator to promulgate regulations comment on the impact to on demand and minimum standards for other 44 Annualized cost per operation equals total operators as a result of this proposal. practices, methods, and procedures annualized costs divided by number of helicopter necessary for safety in air commerce and air ambulance operations per year. Total annualized Regulatory Flexibility Analysis national security. As discussed cost equals present value cost over 10 years times Under section 603(b) of the RFA (as throughout this document, the proposal capital recovery factor. 45 This is a lower bound estimate because the amended), each regulatory flexibility aims to improve safety for air FAA was unable to estimate the costs of several analysis is required to address the ambulance operations and other requirements. following points: (1) Reasons the agency commercial helicopter operations.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 EP12OC10.001 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62665

The Kind and Number of Small Entities costs exceed 5 percent of their estimated substantial number of small entities, but to Which the Proposed Rule Would revenues. The idea is that if a business also it would reduce safety. Apply has such a high cost, percentage-wise, it Conclusion—The HTAWS is an outstanding tool for situational Based on a review of part 135 would likely have trouble absorbing the awareness and to help helicopter air certificates and operations costs of complying with the proposed ambulance pilots during nighttime specifications, the FAA estimates 28 rule. The average ratio of annualized operations. This equipment is a great small air ambulance operators and 31 cost to estimated annual revenue for enhancement for situational awareness air tour operators that the proposed rule small air ambulance operators and air in all aspects of flying including day, would impact. The agency estimates tour operators ranges between 0.58% night, and instrument meteorological that these operators have annual and 1.88%. Thus, the FAA expects that conditions. Therefore the FAA believes revenues between $1.3 million to small air ambulances and air tour that this equipment is a significant $6.3 million.46 operators would not have trouble absorbing the costs of complying with enhancement for safety throughout all Reporting, Recordkeeping, and Other this rule. aspects of helicopter operations. The Compliance Requirements of the Related to this analysis, the FAA accident data shows that the HTAWS Proposed Rule seeks comment on whether the provision could have prevented many Reporting, recordkeeping, and other economic impact on small entities is air ambulance accidents if this equipage compliance requirements are outlined significant. was available at the time of the accident. Thus the FAA does not consider this to in section IV. Paperwork Reduction Act. Competitiveness Analysis The FAA seeks comment on whether be an acceptable alternative in reporting, recordkeeping, and For small air ambulance and air tour accordance with 5 U.S.C. 603(c). Alternative Three—The alternative compliance costs vary from small to operators, the ratio of annualized cost to would increase the requirement of large entities. estimated annual revenue ranges between 0.58% and 1.88%. For large air certificate holders from 10 to 15 All Federal Rules that May Duplicate, ambulance and air tour operators, it helicopters or more that are engaged in Overlap, or Conflict With the Proposed ranges between 0.62% and 2.4%. The helicopter air ambulance operations to Rule FAA expects that based on these results, have an Operations Control Center. The FAA is unaware of any Federal there would be little change in the Conclusion—The FAA believes that rules that duplicate, overlap, or conflict competitiveness of small air ambulance operators with 10 or more helicopters with the proposed rule. and air tour operators relative to large engaged in air ambulance operations operators. would cover 66% of the total population Other Considerations of the air ambulance fleet in the U.S. Alternatives Affordability Analysis The FAA believes that operators with 15 Alternative One—The current or more helicopters would decrease the For the purpose of this analysis, the proposal would give certificate holders coverage of the population to 50%. degree to which small entities can afford three years from the effective date to Furthermore, complexity issues arise the cost of the proposed rule is install all required pieces of equipment. and considerably increase with predicated on the availability of This alternative would change the operators of more than 10 helicopters. financial resources. Costs can be paid compliance date to four years after the Thus the FAA does not consider this to from existing assets such as cash, by effective rule date. This would help be an acceptable alternative in borrowing, through the provision of small business owners cope with the accordance with 5 U.S.C. 603(c). additional equity capital, by accepting burden of the expenses because they The FAA invites public comment on reduced profits, by raising prices, or by would be able to integrate these pieces the conclusions reached with regard to finding other ways of offsetting costs. the alternatives outlined above. One means of assessing the of equipment over a longer period of affordability is the ability of each of the time. Conclusion small entities to meet its short-term Conclusion—This alternative is not The FAA has determined that this obligations, such as looking at net preferred because it would delay safety proposed rule would have a significant income, working capital and financial enhancements. Thus, the FAA does not impact on a substantial number of small strength ratios. According to financial consider this to be an acceptable helicopter air ambulance and air tour literature, a company’s short-run alternative in accordance with 5 U.S.C. operators. Because the agency is unable financial strength is substantially 603(c). to estimate annual revenues for on- influenced by its working capital Alternative Two—This alternative demand operators, the FAA cannot position and its ability to pay short-term would exclude the HTAWS unit from determine whether the proposed rule liabilities, among other things. However, the rulemaking proposal. Although this would have a significant impact on a the FAA was unable to find this type of alternative would reduce annualized substantial number of on-demand financial information for the affected costs to small air ambulance operators operators. The FAA believes that small entities, and so used an alternative way by approximately 12% and the ratio of helicopter air ambulance and air tour of analyzing affordability. The approach annualized cost to annual revenue operators would be able to afford the used by the FAA was to compare would decrease from a range of between proposed rule and would remain estimated revenues with the annualized 1.76% and 1.88% to a range of between competitive. While small entities would compliance costs. 1.55% and 1.65%, the annualized cost likely be able to afford the proposal, the Small air ambulance operators and air of the proposed rule would still be FAA seeks comment on whether small tour operators may have trouble significant for all 35 small air entities will be able to remain absorbing the costs of complying with ambulance operators. Since all 35 small competitive under the proposal. the proposed rule if their annualized air ambulance operators would still be significantly impacted by this International Trade Impact Assessment 46 Aviation Week, World Aerospace Database, alternative, the alternative not only does The Trade Agreements Act of 1979 Winter, 2009. not eliminate the problem for a (Pub. L. 96–39), as amended by the

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62666 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

Uruguay Round Agreements Act (Pub. aviation, and to establish appropriate Internet through the Federal L. 103–465), prohibits Federal agencies regulatory distinctions. Because this eRulemaking Portal referenced in from establishing standards or engaging proposed rule would apply to helicopter paragraph (1). in related activities that create air ambulance, commercial helicopter, XI. Additional Information unnecessary obstacles to the foreign and general aviation operations, the commerce of the United States. FAA specifically requests comments on Comments Invited Pursuant to these Acts, the whether there is justification for The FAA invites interested persons to establishment of standards is not applying the proposed rule differently participate in this rulemaking by considered an unnecessary obstacle to in intrastate operations in Alaska. submitting written comments, data, or the foreign commerce of the United views. We also invite comments relating States, so long as the standard has a IX. Environmental Analysis to the economic, environmental, energy, legitimate domestic objective, such as FAA Order 1050.1E identifies FAA or federalism impacts that might result the protection of safety, and does not actions that are categorically excluded from adopting the proposals in this operate in a manner that excludes from preparation of an environmental document. The most helpful comments imports that meet this objective. The assessment or environmental impact reference a specific portion of the statute also requires consideration of statement under the National proposal, explain the reason for any international standards and, where Environmental Policy Act in the recommended change, and include appropriate, that they be the basis for absence of extraordinary circumstances. supporting data. To ensure the docket U.S. standards. The FAA has assessed The FAA has determined this proposed does not contain duplicate comments, the potential effect of this proposed rule rulemaking action qualifies for the please send only one copy of written and determined that it would have only categorical exclusion identified in comments, or if you are filing comments a domestic impact and therefore will not paragraph 312f. Additionally, the FAA electronically, please submit your create unnecessary obstacles to the reviewed paragraph 304 of Order comments only one time. foreign commerce of the United States. 1050.1E and determined that this We will file in the docket all rulemaking involves no extraordinary Unfunded Mandates Assessment comments we receive, as well as a circumstances. Title II of the Unfunded Mandates report summarizing each substantive Reform Act of 1995 (Pub. L. 104–4) X. Regulations That Significantly Affect public contact with FAA personnel requires each Federal agency to prepare Energy Supply, Distribution, or Use concerning this proposed rulemaking. a written statement assessing the effects The FAA has analyzed this NPRM Before acting on this proposal, we will of any Federal mandate in a proposed or under Executive Order 13211, Actions consider all comments we receive on or final agency rule that may result in an Concerning Regulations That before the closing date for comments. expenditure of $100 million or more (in Significantly Affect Energy Supply, We will consider comments filed after 1995 dollars) in any one year by State, Distribution, or Use (May 18, 2001). The the comment period has closed if it is local, and tribal governments, in the agency has determined that it is not a possible to do so without incurring aggregate, or by the private sector; such ‘‘significant regulatory action’’ under expense or delay. We may change this a mandate is deemed to be a ‘‘significant Executive Order 13211 because it is not proposal in light of the comments we regulatory action.’’ The FAA currently likely to have a significant adverse effect receive. uses an inflation-adjusted value of on the supply, distribution, or use of Proprietary or Confidential Business $136.1 million in lieu of $100 million. energy. The NPRM is, however, Information This proposed rule does not contain ‘‘significant’’ under DOT’s Regulatory such a mandate; therefore, the Policies and Procedures. Do not file in the docket information requirements of Title II of the Act do not that you consider to be proprietary or apply. XI. Availability of Rulemaking confidential business information. Send Documents or deliver this information directly to VII. Executive Order 13132, Federalism You can get an electronic copy of the person identified in the FOR FURTHER The FAA has analyzed this proposed rulemaking documents using the INFORMATION CONTACT section of this rule under the principles and criteria of Internet by— document. You must mark the Executive Order 13132, Federalism. The 1. Searching the Federal eRulemaking information that you consider agency determined that this action Portal (http://www.regulations.gov); proprietary or confidential. If you send would not have a substantial direct 2. Visiting the FAA’s Regulations and the information on a disk or CD ROM, effect on the States, on the relationship Policies web page at http:// mark the outside of the disk or CD ROM between the national Government and www.faa.gov/regulations_policies or and also identify electronically within the States, or on the distribution of 3. Accessing the Government Printing the disk or CD ROM the specific power and responsibilities among the Office’s Web page at http:// information that is proprietary or various levels of government, and, www.gpoaccess.gov/fr/index.html. confidential. therefore, would not have federalism You can also get a copy by sending a Under 14 CFR 11.35(b), when we are implications. request to the Federal Aviation aware of proprietary information filed Administration, Office of Rulemaking, with a comment, we do not place it in VIII. Regulations Affecting Intrastate ARM–1, 800 Independence Avenue the docket. We hold it in a separate file Aviation in Alaska SW., Washington, DC 20591, or by to which the public does not have Section 1205 of the FAA calling (202) 267–9680. Make sure to access, and we place a note in the Reauthorization Act of 1996 (110 Stat. identify the docket number, notice docket that we have received it. If we 3213) requires the Administrator, when number, or amendment number of this receive a request to examine or copy modifying regulations in title 14 of the rulemaking. this information, we treat it as any other CFR in a manner affecting intrastate You may access all documents the request under the Freedom of aviation in Alaska, to consider the FAA considered in developing this Information Act (5 U.S.C. 552). We extent to which Alaska is not served by proposed rule, including economic process such a request under the DOT transportation modes other than analyses and technical reports, from the procedures found in 49 CFR part 7.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62667

Appendix to the Preamble—Additional On November 29, 1998, a McDonnell VMC prevailed. The NTSB determined Accidents Discussions Douglas MD–900 helicopter, en route to that the probable cause of this accident St. Alphonsus hospital heliport in was both helicopter pilots’ failure to see The following is a list of accidents Boise, ID, and operating under 14 CFR and avoid the other helicopter on (listed with reference to the associated part 135, struck unmarked transmission approach to the helipad. Contributing to preamble discussions) illustrative of the wires when departing from a car the accident were the failure of the pilot type that the FAA believes this proposal accident site resulting in major damage of one of the helicopters to follow may have prevented. to four of the five main rotor blades. No arrival and noise abatement guidelines A. Helicopter Air Ambulance injuries were sustained by the flight and the failure of the pilot of the other Operations crew, medical personnel, or patient on helicopter to follow communications board. The NTSB cited the pilot and guidelines. The NTSB noted that ‘‘had 1. Operational Procedures ground crew’s failure to identify the either operator established a formal b. Operational Control Center existence of the wires as factors flight-monitoring program, the use of contributing to this accident. The FAA non-standard procedures might have led On July 13, 2004, a Bell 407 believes that a pre-flight review of the the operators to take corrective action helicopter, operating under 14 CFR part proposed landing site may have that could have prevented the two 135, collided with trees resulting in fatal prevented this accident. See NTSB helicopters from arriving at the same injuries to the pilot, medical personnel Accident Report SEA99LA016 (Jan. 11, helipad on different approach angles and patient on board. The pilot 2000). that particular day.’’ See NTSB Accident performed a weather check before On November 19, 1993, a Bell 206L Report DEN08MA116A/B (May 7, 2009). accepting the flight and was provided helicopter, operating under part 135 On May 27, 1993, an Aerospatiale AS flight monitoring by the Spartanburg rules landed hard in the Atlantic Ocean 350B helicopter, operating under 14 County Communications 911 resulting in fatal injuries to all three CFR part 135, crashed into terrain near Department of the Spartanburg County passengers and serious injuries to the Cameron, MO, resulting in fatal injuries Office of Emergency Services. The flight pilot during nighttime conditions. The to the pilot and patient and serious was conducted in night visual, pilot, operating at night under VFR, injuries to medical personnel. The meteorological conditions were present, encountered inadvertent IMC and NTSB found that the accident was a with mist and light fog prevailing in the crashed. The NTSB determined the result of loss of engine power due to the area of the accident site. The accident cause of the accident was the pilot’s failure of the second state turbine pilot was not informed that other pilots continued VFR flight into IMC, and labyrinth seal. In its factual report, the had declined this mission due to fog. contributing factors included weather, NTSB noted that aircraft manufacturer The NTSB cited the pilot’s failure to dark night, and rough sea conditions. representatives described that a crack maintain terrain clearance as the cause See NTSB Accident Report could develop under thermal low cycle of the accident, and contributing factors BFO94FA013 (Nov. 1, 1994). fatigue, then develop as ‘‘ ‘subsequent included ‘‘inadequate weather and distortion leads to rub between the 2. Equipment Requirements dispatch information relayed to the inner diameter of the hub and the inner ’’ pilot.’’ See NTSB Accident Report a. Helicopter Terrain Awareness and turbine labyrinth lips.’ An CHI04MA182 (Jan. 26, 2006). Warning Systems appropriately equipped LARS could capture audio files for acoustic analysis d. Preflight Risk Analysis On December 12, 1996, a of dynamic components in the event of Messerschmitt-Bolkow-Blohn BO– an accident or incident. Such On August 21, 2004, a Bell 407 105CBS helicopter, operating under part mechanical failures could be detectable helicopter, operating under 14 CFR part 135, collided with terrain at night in by LARS equipped to record ambient 135 and en route to Washoe Medical instrument conditions while audio files. See NTSB Accident Report Center in Reno, Nevada, collided with transporting a patient to a hospital in CHI93FA182 (Jun. 24, 1994). mountainous terrain resulting in fatal Rochester, NY. Witnesses observed that injuries to the pilot, two medical cloud cover and the isolated area made B. Commercial Helicopter Operations personnel, the patient’s mother, and the for a dark night with no discernable (Including Air Ambulance Operations) infant patient. The pilot had a choice of horizon. About two minutes after the 2. Equipment Requirements two routes, and he chose the direct pilot’s departure for the hospital, the route over mountainous terrain instead helicopter collided with terrain a. Radar Altimeter of the route following the I–80 which resulting in fatal injuries to all on board. On July 23, 2003, a Bell 206B was 10 minutes longer. The pilot chose The NTSB stated the cause for this helicopter, operating under 14 CFR part the route through mountainous terrain. accident was ‘‘the pilot’s failure to 135, crashed into the inside wall of the The NTSB noted that there was no maintain altitude/clearance from the Waialeale Crater, Kauai, HI, fatally indication that the pilot obtained a terrain,’’ and other factors relating to the injuring the pilot and all four weather briefing before departure and accident included ‘‘darkness, low passengers. This sightseeing tour that if he had ‘‘he would have likely ceiling, rising terrain, and high wind originated at the Lihue Airport in Kauai learned of the cloud cover and light condition.’’ See NTSB Accident Report under VFR conditions. During the flight, precipitation present along his planned IAD97FA032 (Jul. 31, 2008). the pilot encountered clouds and a low route of flight.’’ The NTSB cited the ceiling. The pilot descended into the pilot’s lack of maintaining sufficient b. Light-Weight Aircraft Recording mountain side. The NTSB determined clearance of mountainous terrain as the System (LARS) the probable cause of this accident was cause of this accident, and other On June 29, 2008, two Bell 407 the pilot’s failure to maintain ‘‘adequate contributing factors such as the pilot’s helicopters collided in midair while terrain clearance/altitude while improper decision to take the direct approaching the Flagstaff Medical descending over mountainous terrain’’ route over mountainous terrain in dark Center helipad. Both helicopters were and continued flight into adverse night conditions. See NTSB Accident destroyed, and all seven persons aboard weather. The contributing factors were Report SEA04MA167 (Jan. 26, 2006). the two aircraft were fatally injured. Day clouds and a low ceiling. See NTSB

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62668 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

Accident Report LAX03FA241 (Sept. 14, 14 CFR Part 135 6. Amend § 120.105 by adding 2007). Air taxis, Aircraft, Airmen, Aviation paragraph (i) to read as follows: On January 10, 2005, a Eurocopter safety, Incorporation by reference, Deutschland GmbH EC–135 P2 § 120.105 Employees who must be tested. Reporting and recordkeeping helicopter, operating under part 91, * * * * * requirements. crashed in the Potomac River, fatally (i) Operations control specialist injuring the pilot and paramedic and The Proposed Amendment duties. seriously injuring the flight nurse. 7. Amend § 120.215 by adding In consideration of the foregoing, the paragraph (a)(9) to read as follows: During low-altitude cruise flight, the Federal Aviation Administration helicopter impacted water without any proposes to amend chapter I of title 14, § 120.215 Covered employees. distress warning from the pilot. The Code of Federal Regulations, as follows: NTSB noted the cause of this accident (a) * * * was ‘‘the pilot’s failure to identify and (9) Operations control specialist PART 1—DEFINITIONS AND duties. arrest the helicopter’s descent, which ABBREVIATIONS resulted in controlled flight into * * * * * terrain.’’ Other factors identified by the 1. The authority citation for part 1 NTSB included the dark night continues to read as follows: PART 135—OPERATING REQUIREMENTS: COMMUTER AND conditions and a lack of an operable Authority: 49 U.S.C. 106(g), 40113, 44701. radio altimeter. NTSB Accident Report ON DEMAND OPERATIONS AND NYC05MA039 (Dec. 20, 2007). 2. Amend § 1.1 by revising the RULES GOVERNING PERSONS ON definition of ‘‘Extended over-water BOARD SUCH AIRCRAFT 3. Training—Recovery From Inadvertent operation’’ to read as follows: Flight Into IMC 8. The authority citation for part 135 § 1.1 General definitions. continues to read as follows: On September 20, 1995, a Bell 206L helicopter, operating under 14 CFR part * * * * * Authority: 49 U.S.C. 106(g), 41706, 40113, 91, was substantially damaged after the Extended over-water operation means 44701–44702, 44705, 44709, 44711–44713, pilot inadvertently encountered IMC an operation over water at a horizontal 44715–44717, 44722, 45101–45105. and lost control. The NTSB found that distance of more than 50 nautical miles 9. Amend § 135.1 by adding the pilot’s failure to maintain control of from the nearest shoreline. paragraph (a)(9) to read as follows: the helicopter was the cause of this * * * * * § 135.1 Applicability. accident. It cited the pilot’s inadvertent VFR flight into IMC conditions as a PART 91—GENERAL OPERATING AND (a) * * * factor contributing to the accident. See FLIGHT RULES (9) Helicopter air ambulance NTSB Accident ID #CHI95LA327. operations with medical personnel, as 3. The authority citation for part 91 defined in § 135.601(b)(4), on board the On December 23, 2003, an Augusta continues to read as follows: A109A helicopter, operated under part aircraft. 91 en route to pick up a patient during Authority: 49 U.S.C. 106(g), 1155, 40103, * * * * * a helicopter air ambulance operation, 40113, 40120, 44101, 44111, 44701, 44704, 10. Amend § 135.63 by revising the 44709, 44711, 44712, 44715, 44716, 44717, introductory text of paragraph (c) and collided with mountainous terrain near 44722, 46306, 46315, 46316, 46504, 46506– Redwood Valley, CA, while trying to 46507, 47122, 47508, 47528–47531, articles revising paragraph (d) to read as reverse course following an encounter 12 and 29 of the Convention on International follows: with night IMC. The crash fatally Civil Aviation (61 Stat. 1180). § 135.63 Recordkeeping requirements. injured all on board and destroyed the 4. Amend § 91.155 by revising helicopter. The NTSB determined the * * * * * paragraph (b)(1) to read as follows: cause of the accident was the pilot’s (c) Each certificate holder is improper in-flight planning and § 91.155 Basic VFR weather minimums. responsible for the preparation and accuracy of a load manifest containing decision to continue flight under visual * * * * * flight rules into deteriorating weather information concerning the loading of (b) * * * the aircraft. The manifest must be conditions which resulted in an (1) Helicopter. A helicopter may be inadvertent in-flight encounter with prepared in duplicate unless the operated clear of clouds if operated at a certificate holder receives a copy of the IMC. See NTSB Accident ID speed that allows the pilot adequate #LAX04FA076. load manifest, by electronic or other opportunity to see and avoid other air means, at its principal operations base List of Subjects traffic or obstruction in time to avoid a or at another location used by it and collision, provided the visibility is at 14 CFR Part 1 approved by the FAA prior to the least— aircraft’s take off. The load manifest Air transportation. (i) One half statute mile during the must be prepared before each take off day; or 14 CFR Part 91 and must include: (ii) One statute mile at night. * * * * * Aircraft, Airmen, Aviation safety, * * * * * Reporting and recordkeeping (d) The pilot in command of an requirements. PART 120—DRUG AND ALCOHOL aircraft for which a load manifest must TESTING PROGRAM be prepared must carry a copy of the 14 CFR Part 120 completed load manifest in the aircraft Airmen, Alcohol abuse, Alcoholism, 5. The authority citation for part 120 to its destination and, unless the Alcohol testing, Aviation safety, Drug continues to read as follows: certificate holder receives a copy of the abuse, Drug testing, Operators, Authority: 49 U.S.C. 106(g), 40101–40103, load manifest prior to take off as Reporting and recordkeeping 40113, 40120, 41706, 41721, 44106, 44701, provided for in paragraph (c) of this requirements, Safety, Safety-sensitive, 44702, 44703, 44709, 44710, 44711, 45101– section, arrange at the takeoff location Transportation. 45105, 46105, 46306. for a copy to be sent to the certificate

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62669

holder, retained in a suitable place at items of the equipment listed below, (D) One signaling mirror; the takeoff location, or retained in allows a deviation for a particular (E) One police whistle; another location approved by the FAA operation, or the over-water operation is (F) One raft knife; until the flight is complete. The necessary only for takeoff or landing, no (G) One inflation pump; certificate holder shall keep copies of person may operate a rotorcraft in over- (H) One 75-foot retaining line; completed load manifests for at least 30 water operations unless it carries, (I) One magnetic compass; days at its principal operations base, or (J) One dye marker or equivalent; and installed in conspicuously marked (K) One fishing kit. at another location used by it and locations easily accessible to the (c) Extended over-water operations. approved by the FAA. occupants in the event of an emergency After [DATE 3 YEARS AFTER 11. Add § 135.160 to read as follows: water landing, the following equipment: EFFECTIVE DATE OF THE FINAL (1) Approved life preservers equipped § 135.160 Radio altimeters for rotorcraft RULE], except where the FAA amends operations. with an approved survivor locator light, the operations specifications of the which must be worn by each occupant After [DATE 3 YEARS AFTER certificate holder to require the carriage of the rotorcraft from take off until the EFFECTIVE DATE OF THE FINAL of all or any specific items of the flight is no longer over water; equipment listed below or allows a RULE], no person may operate a (2) One approved pyrotechnic deviation for a particular operation, no rotorcraft unless that rotorcraft is signaling device; equipped with an operable FAA- (3) Enough life rafts of a rated person may operate a rotorcraft in approved radio altimeter, or an FAA- capacity and buoyancy to accommodate extended over-water operations unless it approved device that incorporates a the maximum number of occupants the carries, installed in conspicuously radio altimeter, unless otherwise rotorcraft is certificated to carry; marked locations easily accessible to the authorized in the certificate holder’s (4) An approved, automatically occupants in the event of an emergency approved minimum equipment list. deployable, survival-type emergency water landing, the following equipment: 12. Amend § 135.167 by revising the locator transmitter (ELT) in each life (1) Approved life preservers equipped section heading and the introductory raft. Batteries used in ELTs must be with an approved survivor locator light, text of paragraph (a) to read as follows: maintained in accordance with the which must be worn by each occupant of the rotorcraft during the duration of § 135.167 Emergency equipment: following — (i) Non-rechargeable batteries must be the flight Extended over-water operations—Aircraft (2) The equipment listed in other than rotorcraft. replaced when the transmitter has been paragraphs (b)(2) through (b)(4) of this (a) Except where the FAA amends the in use for more than 1 cumulative hour or when 50 percent of their useful lives section; operations specifications of the (3) One flashlight having at least two have expired, as established by the certificate holder to require the carriage operable size ‘‘D’’ cell or equivalent transmitter manufacturer under its of any or all specific items of the batteries; and equipment listed below for any over- approval. The new expiration date for (4) Each life raft required under this water operation, or allows a deviation replacing the batteries must be legibly paragraph must be electronically for a particular extended over-water marked on the outside of the deployable or externally mounted and operation in response to an application transmitter. The battery useful life accessible, and equipped with or by a certificate holder, no person may requirements of this paragraph do not contain at least the following— operate an aircraft other than a rotorcraft apply to batteries (such as water- (i) The equipment listed in paragraph in extended over-water operations activated batteries) that are essentially (b)(5) of this section; unless it carries, installed in unaffected during probable storage (ii) One radar reflector; conspicuously marked locations easily intervals; or (iii) One canopy (for sail, sunshade, or accessible to the occupants if a ditching (ii) Rechargeable batteries used in the rain catcher); occurs, the following equipment: transmitter must be recharged when the (iv) Two pints of water per each * * * * * transmitter has been in use for more person the life raft is rated to carry, or 13. Add § 135.168 to read as follows: than 1 cumulative hour or when 50 one sea water desalting kit for each two percent of their useful-life-of-charge has persons the life raft is rated to carry; and § 135.168 Emergency equipment: Over- expired, as established by the (v) One book on survival appropriate water and extended over-water transmitter manufacturer under its for the area in which the rotorcraft is operations—Rotorcraft. approval. The new expiration date for operated. (a) For purposes of this section, the recharging the batteries must be legibly (d) Passenger Briefing. Passengers following definitions apply— marked on the outside of the carried in over-water or extended over- (1) Over-water operation: A flight transmitter. The battery useful-life-of- water operations must be briefed on the beyond autorotational distance from the charge requirements of this paragraph following: shoreline. do not apply to batteries (such as water- (1) Procedures for fastening and (2) Shoreline means that area of the activated batteries) that are essentially unfastening seatbelts; land adjacent to the water of an ocean, unaffected during probable storage (2) Procedures for opening exits and sea, lake, pond, river, or tidal basin that intervals; exiting the rotorcraft; is above the high-water mark at which (5) Each life raft required under this (3) Procedures for water ditching; a rotorcraft could be landed safely. This paragraph must be electronically (4) Requirements for the use of life does not include land areas which are deployable, or externally mounted and preservers; unsuitable for landing such as vertical accessible, and equipped with— (5) Procedures for emergency exit cliffs or land intermittently under water. (i) One survival kit, appropriate for from the rotorcraft in the event of a (b) Over-water operations. After the route to be flown, or water landing; and [DATE 3 YEARS AFTER EFFECTIVE (ii) Contain at least the following— (6) The location and use of life rafts DATE OF THE FINAL RULE], except (A) One approved day/night signaling and other floatation devices prior to where the FAA amends the operations device; flight. specifications of the certificate holder to (B) One life raft repair kit; (e) Maintenance. The equipment require the carriage of all or any specific (C) One bailing bucket; required by this section must be

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62670 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

maintained in accordance with chapter, or a special instrument visual meteorological conditions § 135.419. approach procedure has been issued by following an inadvertent encounter with (f) ELT Standards. The ELT required the FAA to the operator, the ceiling is instrument meteorological conditions. by paragraph (b)(4) of this section must 200 feet above the minimum for the For competency checks in non-IFR- meet the requirements in Technical approach to be flown, and visibility is certified rotorcraft, the pilot must Standard Order (TSO)-C126a. Technical at least 1 statute mile but never less than perform such maneuvers as are Standard Order C126a, 406 MHz the minimum visibility for the approach appropriate to the rotorcraft’s installed Emergency Locator Transmitter (ELT), to be flown. equipment, the certificate holder’s December 17, 2008, is incorporated by (2) If, for the alternate airport or operations specifications, and the reference into this section with the heliport, no instrument approach operating environment. approval of the Director of the Office of procedure has been published in part 97 * * * * * the Federal Register under 5 U.S.C. of this chapter and no special 552(a) and 1 CFR part 51. Copies may instrument approach procedure has § 135.297 [Amended] be obtained from the U.S. Department of been issued by the FAA to the operator, 18. Amend § 135.297 by removing the Transportation, Subsequent Distribution the ceiling and visibility minima are reference to ‘‘§ 135.293 (d)’’ and adding Office, DOT Warehouse M30, Ardmore those allowing descent from the MEA, ‘‘§ 135.293 (e)’’ in its place in the last East Business Center, 3341 Q 75th approach, and landing under basic VFR. sentence of paragraph (c) introductory Avenue, Landover, MD 20785; 15. Amend § 135.267 by adding text. telephone (301) 322–5377. Copies are paragraph (g) to read as follows: 19. Add subpart L to part 135 to read also available on the FAA’s Web site. as follows: Use the following link: http:// § 135.267 Flight time limitations and rest www.airweb.faa.gov/ requirements: Unscheduled one- and two- Subpart L—Helicopter Air Ambulance _ _ _ pilot crews. Equipment, Operations, and Training Regulatory and Guidance Library/ Requirements rgTSO.nsf/0/ * * * * * 0ac772bbed9b95a586257523007629b3/ (g) For purposes of this section the Sec. term ‘‘flight time’’ includes any 135.601 Applicability and definitions. $FILE/TSO-C126a.pdf. All approved 135.603 Pilot-in-command qualifications. material is available for inspection at helicopter air ambulance operation with medical personnel, as defined in 135.605 Helicopter terrain awareness and the National Archives and Records warning system (HTAWS). Administration (NARA). For § 135.601, on board the helicopter. 135.607 VFR minimum altitudes and information on the availability of this 16. Amend § 135.271 by adding visibility requirements. material at NARA, call 202–741–6030 or paragraph (j) to read as follows: 135.609 IFR operations at locations without go to http://www.archives.gov/ weather reporting. § 135.271 Helicopter hospital emergency 135.611 VFR/visual transitions from federal_register/ medical evacuation service (HEMES). _ _ _ instrument approaches. code of federal regulations/ 135.613 VFR flight planning. _ * * * * * ibr locations.html. (j) For purposes of this section the 135.615 Pre-flight risk analysis. (g) ELT Alternative Compliance. term ‘‘flight time’’ includes any HEMES 135.617 Operations control centers. Operators with an ELT required by 135.619 Medical personnel briefing operations with medical personnel, as paragraph (b)(4) of this section that requirements. defined in § 135.601, on board the meets a later version of TSO–C126a, or helicopter. an ELT with an approved deviation 17. Amend § 135.293 by— Subpart L—Helicopter Air Ambulance under § 21.609 of this chapter, also are a. Removing the word ‘‘and’’ from the Equipment, Operation, and Training in compliance with this section. end of paragraph (a)(7)(iii); Requirements 14. Revise § 135.221 to read as b. Removing the period and adding ‘‘; follows: § 135.601 Applicability and definitions. and’’ in its place at the end of paragraph (a) Applicability. This subpart § 135.221 IFR: Alternate airport weather (a)(8); prescribes the requirements applicable minima. c. Adding paragraph (a)(9); to each certificate holder conducting (a) Aircraft other than rotorcraft. No d. Redesignating paragraphs (c) helicopter air ambulance operations. person may designate an alternate through (f) as paragraphs (d) through (g) (b) Definitions. For purposes of this airport unless the weather reports or respectively; and subpart, the following definitions apply. forecasts, or any combination of them, e. Adding new paragraph (c). (1) Helicopter air ambulance means a indicate that the weather conditions The additions read as follows: helicopter used in helicopter air will be at or above authorized alternate § 135.293 Initial and recurrent pilot testing ambulance operations by a part 135 airport landing minima for that airport requirements. certificate holder authorized by the FAA at the estimated time of arrival. to conduct helicopter air ambulance (b) Rotorcraft. Unless otherwise (a) * * * operations. authorized by the FAA, no person may (9) For rotorcraft pilots, procedures (2) Helicopter air ambulance include an alternate airport or heliport for aircraft handling in flat-light, operation means a flight, or sequence of in an IFR flight plan unless appropriate whiteout, and brownout conditions, flights, conducted for the purpose of weather reports or weather forecasts, or including methods for recognizing and transporting a person in need of medical a combination of them, indicate that, at avoiding those conditions. care, or a donor organ, by helicopter air the estimated time of arrival at the * * * * * ambulance. This includes, but is not alternate airport or heliport, the ceiling (c) Each competency check for a limited to— and visibility at that airport or heliport rotorcraft pilot must include a (i) Flights conducted to position the will be at or above the following demonstration of the pilot’s ability to helicopter at the site at which a patient weather minima – maneuver the rotorcraft solely by or donor organ will be picked up; (1) If, for that airport or heliport, an reference to instruments. The check (ii) Flights conducted to reposition instrument approach procedure has must determine the pilot’s ability to the helicopter after completing the been published in part 97 of this safely maneuver the rotorcraft into patient, or donor organ transport; and

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62671

(iii) Flights initiated for the transport (b) Operators with HTAWS required HTAWS, 1,000-foot ceiling and 5 statute of a patient or donor organ that are by this section that meets a later version miles visibility; or terminated due to weather or other of TSO–C194, or HTAWS with an (ii) When not equipped with an FAA- reasons. approved deviation under § 21.609 of approved NVIS or an FAA-approved (3) Medical personnel means persons this chapter, also are in compliance HTAWS, 1,500-foot ceiling and 5 statute with medical training, including but not with this section. miles visibility. limited to a flight physician, a flight (c) The certificate holder’s Rotorcraft (e) Each certificate holder must nurse, or a flight paramedic, who are Flight Manual must contain appropriate designate a local flying area for each carried aboard a helicopter during procedures for— base of operations at which helicopter helicopter air ambulance operations in (1) The use of the HTAWS; and air ambulance services are conducted, order to provide medical care. (2) Proper flight crew response to in a manner acceptable to the FAA, that (4) Mountainous means designated HTAWS audio and visual warnings. must— mountainous areas as defined in part 95 § 135.607 VFR minimum altitudes and (1) Not exceed 50 nautical miles in of this chapter. any direction from the helicopter’s base (5) Non-mountainous means areas visibility requirements. Unless specified in the certificate of operations; other than mountainous areas as defined (2) Take into account man-made and in part 95 of this chapter. holder’s operations specifications, when conducting helicopter air ambulance natural geographic terrain features that § 135.603 Pilot-in-command qualifications. operations in Class G airspace with are easily identifiable by the pilot in After [DATE 3 YEARS AFTER medical personnel on board, the command and from which the pilot in EFFECTIVE DATE OF THE FINAL following weather minima and visibility command may visually determine a RULE], no certificate holder may use, requirements apply— position at all times; and nor may any person serve as, a pilot in (a) In non-mountainous local flying (3) Take into account the operating command of a helicopter air ambulance areas— environment and capabilities of the operation unless that person meets the (1) During the day, 800-foot ceiling certificate holder’s aircraft. requirements of § 135.243 and holds a and 2 statute miles visibility. § 135.609 IFR operations at locations helicopter instrument rating or an (2) At night— without weather reporting. (i) When equipped with an FAA- airline transport pilot certificate with a (a) If a certificate holder is authorized approved night-vision imaging system category and class rating for that to conduct helicopter IFR operations, (NVIS) or an FAA-approved HTAWS, aircraft, that is not limited to VFR. the FAA may issue operations 800-foot ceiling and 3 statute miles specifications to allow that certificate § 135.605 Helicopter terrain awareness visibility; or and warning system (HTAWS). holder to conduct IFR operations at (ii) When not equipped with an FAA- airports or heliports with an instrument (a) No person may operate a approved NVIS or an FAA-approved approach procedure and at which a helicopter in helicopter air ambulance HTAWS, 1,000-foot ceiling and 3 statute weather report is not available from the operations after [DATE 3 YEARS AFTER miles visibility. U.S. National Weather Service (NWS), a EFFECTIVE DATE OF THE FINAL (b) In non-mountainous cross-country source approved by the NWS, or a RULE], unless that helicopter is flying areas— equipped with a helicopter terrain (1) During the day, 800-foot ceiling source approved by the FAA, subject to awareness and warning system and 3 statute miles visibility. the following limitations: (HTAWS) that meets the requirements (2) At night— (1) In Class G airspace, IFR departures in Technical Standard Order (TSO)– (i) When equipped with an FAA- are authorized only after the pilot in C194. Technical Standard Order (TSO)– approved NVIS or an FAA-approved command of the affected flight C194 Helicopter Terrain Awareness and HTAWS, 1,000-foot ceiling and 3 statute determines that the weather conditions Warning System, December 17, 2008, is miles visibility; or at the departure point are at or above incorporated by reference into this (ii) When not equipped with an FAA- VFR minima in accordance with section with the approval of the Director approved NVIS or an FAA-approved § 135.607; of the Office of the Federal Register HTAWS, 1,000-foot ceiling and 5 statute (2) The certificate holder must obtain under 5 U.S.C. 552(a) and 1 CFR part 51. miles visibility. a weather report from a weather Copies may be obtained from the U.S. (c) In mountainous local flying reporting facility operated by the NWS, Department of Transportation, areas— a source approved by the NWS, or a Subsequent Distribution Office, DOT (1) During the day, 800-foot ceiling source approved by the FAA, that is Warehouse M30, Ardmore East Business and 3 statute miles visibility. located within 15 nautical miles of the Center, 3341 Q 75th Avenue, Landover, (2) At night— destination landing area. In addition, MD 20785; telephone (301) 322–5377. (i) When equipped with an FAA- the certificate holder must obtain the Copies are also available on the FAA’s approved NVIS or an FAA-approved area forecast from the NWS, a source Web site. Use the following link: HTAWS, 1,000-foot ceiling and 3 statute approved by the NWS, or a source http://www.airweb.faa.gov/Regulatory_ miles visibility; or approved by the FAA, for information and_Guidance_Library/rgTSO.nsf/0/ (ii) When not equipped with an FAA- regarding the weather observed in the 532109AB059EC23 approved NVIS or an FAA-approved vicinity of the destination landing area; D8625762000573A1E?OpenDocument. HTAWS, 1,500-foot ceiling and 3 statute (3) Flight planning for IFR flights All approved material is available for miles visibility. conducted under this paragraph must inspection at the National Archives and (d) In mountainous cross-country include selection of an alternate airport Records Administration (NARA). For flying areas— that meets the requirements of information on the availability of this (1) During the day, 1,000-foot ceiling §§ 135.221 and 135.223; and material at NARA, call 202–741–6030 or and 3 statute miles visibility. (4) All approaches must be at go to http://www.archives.gov/ (2) At night— Category A approach speeds or those federal_register/code_of_federal_ (i) When equipped with an FAA- required for the type of approach being regulations/ibr_locations.html. approved NVIS or an FAA-approved used.

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62672 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

(b) Each helicopter air ambulance approach procedure, the appropriate and obstacles along the planned route of operated under this section must be— associated minima on the approach flight; (1) Fully equipped and certified to chart apply. (2) Identify and document the highest conduct IFR operations under this part; (2) Unless authorized by the FAA, the obstacle along the planned route of (2) Equipped with functioning severe following VFR weather minima apply flight; and weather-detection equipment, such as when conducting an authorized IFR (3) Using the minimum safe cruise airborne weather radar or lightning Point in Space (PinS) Copter Special altitudes, determine the minimum detection; Instrument Approach Procedure— required ceiling and visibility to (3) Equipped with an operable (i) If the proceed-VFR segment to the conduct the planned flight by applying autopilot, if used in lieu of the second heliport of intended landing is within 1 the weather minima appropriate to the in command required by § 135.101; and nautical mile of the missed approach conditions of the planned flight, (4) Equipped with navigation point, and is within the obstacle including the requirements of this equipment appropriate to the approach evaluation area, visibility must be at subpart and the visibility and cloud to be flown. least 1 statute mile. clearance requirements of § 91.155(a) of (c) Each pilot in command who (ii) If the proceed-VFR segment is 3 this chapter, as applicable to the class conducts operations under this section nautical miles or less from the heliport of airspace for the planned flight. must— or landing area and does not meet the (b) During flight: While conducting (1) Have a current § 135.297 pilot-in- requirements of paragraph (a)(1)(i) of VFR operations, the pilot in command command instrument proficiency check; this section, then— must ensure that all terrain and (2) Be certificated to conduct the (A) Day Operations: 600-foot ceiling/ obstacles along the route of flight, permitted IFR operations; 2 statute miles visibility. except for takeoff and landing, can be (3) Be trained in accordance with the (B) Night Operations: 600-foot ceiling/ cleared vertically by no less than the certificate holder’s approved training 3 statute miles visibility. following: program and annually complete an (3) Unless authorized by the FAA, the (1) 300 feet for day operations. approved course that includes, but is following VFR weather minima apply (2) 500 feet for night operations. not limited to— when conducting an authorized IFR (c) Re-routing the planned flight path: (i) A review of IFR regulations found Standard or Special Instrument A pilot in command may deviate from in this part and parts 1, 61, and 91 of Approach Procedure and transitions to the planned flight path as required by this chapter, and IFR operations found VFR at the missed approach point that conditions or operational in the Aeronautical Information Manual; is 3 nautical miles or less from the considerations. During such deviations, (ii) Interpreting weather, weather heliport or landing area— the pilot in command is not relieved reports, and weather forecasts; (i) Day Operations: 600-foot ceiling/2 from the weather or terrain/obstruction (iii) Reviewing instrument charts; (iv) Crew resource management; statute miles visibility. clearance requirements of this part and (v) Methods for determining weather (ii) Night Operations: 600-foot ceiling/ part 91 of this chapter. Re-routing, observations by the pilot in command, 3 statute miles visibility. change in destination, or other changes including present visibility and ceilings; (4) If the distance from the missed to the planned flight that occur while and approach point to the heliport or the aircraft is on the ground at an (vi) Approaches authorized under this landing area exceeds 3 nautical miles, intermediate stop require evaluation of section; the minimum altitudes and visibility the new route in accordance with (4) Be qualified in accordance with requirements of § 135.607 apply. paragraph (a) of this section. the requirements of this part; (b) Transitions from VFR to IFR upon (d) Operations manual: Each (5) Be current in all requirements to departure from a heliport or landing certificate holder must document its perform operations under IFR in the area— VFR flight planning procedures in its make or model of helicopter being used; (1) A pilot may use the VFR weather operations manual. minima of paragraph (a)(1) or (a)(2) of and § 135.615 Pre-flight risk analysis. (6) Be tested and checked on IFR this section to depart a heliport or operations at uncontrolled airports. landing area if— (a) Each certificate holder conducting (d) Pilots conducting operations (i) The operator follows an FAA- helicopter air ambulance operations pursuant to this section may use the approved obstacle departure procedure; must establish, and document in its weather information obtained in (ii) The operator has filed an IFR operations manual, an FAA-approved paragraph (a) to satisfy the weather flight plan and obtains an IFR clearance procedure for conducting pre-flight risk report and forecast requirements of upon reaching a predetermined analyses that include at least the § 135.213 and § 135.225(a). location; and following items— (e) After completing a landing at the (iii) The distance from the departure (1) Flight considerations, to include destination airport or heliport at which location to the point at which IFR obstacles and terrain along the planned a weather report is not available, the clearance will be obtained does not route of flight, landing zone conditions, pilot in command is authorized to exceed 3 nautical miles. and fuel requirements; determine if the weather meets the (2) If the operator cannot meet the (2) Human factors, such as crew takeoff requirements of part 97 of this departure requirements of paragraph fatigue, life events, and other stressors; chapter or the certificate holder’s (b)(1) of this section then the minimum (3) Weather, including departure, en operations specification, as applicable. altitudes and visibility requirements of route, destination, and forecasted; § 135.607 apply. (4) Whether another helicopter air § 135.611 VFR/visual transitions from ambulance operator has refused or instrument approaches. § 135.613 VFR flight planning. rejected a flight request; and (a) Transitions from IFR flight to VFR (a) Pre-flight: Prior to conducting VFR (5) Strategies and procedures for flight on approach to a heliport or operations, the pilot in command mitigating identified risks, including landing area— must— procedures for obtaining and (1) If an approved visual segment (1) Determine the minimum safe documenting approval of the certificate exists as part of an approved instrument cruise altitude by evaluating the terrain holder’s management personnel to

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62673

release a flight when a risk exceeds a control specialists, including pre-flight (g) Each certificate holder must have level predetermined by the certificate risk mitigation strategies and control an FAA-approved operations control holder. measures, shift change checklist, and its specialist training program that covers (b) Each certificate holder must training and testing procedures to hold at least the following topics— develop a pre-flight risk analysis the position, including procedures for (1) Aviation weather, to include: worksheet to include, at a minimum, the retesting. (i) General meteorology; items in paragraph (a) of this section. (d) No certificate holder may use, nor (ii) Prevailing weather; (c) Prior to the first leg of each may any person serve as, an operations (iii) Adverse and deteriorating helicopter air ambulance operation, the control specialist unless that person has weather; pilot in command must conduct and satisfactorily completed the training (iv) Windshear; document on the risk analysis required by paragraph (e) of this section. (v) Icing conditions; worksheet a pre-flight risk analysis in (e) No person may perform the duties (vi) Use of aviation weather products; accordance with the certificate holder’s of an operations control specialist before (vii) Available sources of information; FAA-approved procedures. The pilot in completing the certificate holder’s FAA- and command must sign the risk analysis approved operations control specialist (viii) Weather minima; worksheet and specify the date and time training program and passing an FAA- (2) Navigation, to include: it was completed. approved written knowledge and a (i) Navigation aids; (d) The certificate holder must retain practical test given by the certificate (ii) Instrument approach procedures; the original or a copy of each completed holder as required by this paragraph. No (iii) Navigational publications; and pre-flight risk analysis worksheet at a person may continue performing the (iv) Navigation techniques; (3) Flight monitoring, to include: location specified in its operations duties of an operations control specialist (i) Available flight-monitoring manual for at least 90 days from the date unless that person has completed the procedures; and of the operation. certificate holder’s FAA-approved recurrent training program and passed (ii) Alternate flight-monitoring § 135.617 Operations control centers. an FAA-approved written knowledge procedures; (a) After [DATE 2 YEARS AFTER THE test and a practical test given by the (4) Air traffic control, to include: EFFECTIVE DATE OF THE FINAL certificate holder as required by this (i) Airspace; (ii) Air traffic control procedures; RULE] certificate holders authorized to paragraph. conduct helicopter air ambulance (1) Initial training must include a (iii) Aeronautical charts; and (iv) Aeronautical data sources; operations, with 10 or more helicopter minimum of 80 hours of training on the (5) Aviation communication, to air ambulances assigned to the topics listed in paragraph (g) of this include: certificate holder’s operations section. A certificate holder may reduce (i) Available aircraft communications specifications, must have an operations the number of hours of initial training systems; control center, staffed by operations to a minimum of 40 hours for persons (ii) Normal communication control specialists who, at a minimum— who have obtained, at the time of procedures; (1) Provide two-way communications beginning initial training, a total of at (iii) Abnormal communication with pilots; least 2 years of experience during the procedures; and (2) Provide pilots with weather last 5 years in any one or in any (iv) Emergency communication briefings, to include current and combination of the following areas— procedures; forecasted weather along the planned (i) In military aircraft operations as a (6) Aircraft systems, to include: route of flight; pilot, flight navigator, or meteorologist; (i) Communications systems; (3) Monitor the progress of the flight; (ii) In air carrier operations as a pilot, (ii) Navigation systems; and flight engineer, certified aircraft (iii) Surveillance systems; (4) Participate in the pre-flight risk dispatcher, or meteorologist; or (iv) Fueling systems; analysis required under § 135.615 to (iii) In aircraft operations as an air (v) Specialized systems; include the following: traffic controller or a flight service (vi) General maintenance (i) Ensure pilot has completed all specialist. requirements; and required items on the FAA-approved (2) Each operations control specialist (vii) Minimum equipment lists; pre-flight risk analysis form; must receive a minimum of 40 hours of (7) Aircraft limitations and (ii) Confirm and verify all entries on recurrent training on the topics listed in performance, to include: pre-flight risk analysis form; paragraph (g) of this section and pass an (i) Aircraft operational limitations; (iii) Assist the pilot in mitigating any FAA approved written knowledge test (ii) Aircraft performance; identified risk prior to takeoff; and and practical test given by the certificate (iii) Weight and balance procedures (iv) Acknowledge in writing, holder on those topics within the and limitations; and specifying the date and time, that the calendar month of the anniversary of (iv) Landing zone and landing facility risk analysis worksheet has been passing the initial practical test. requirements; accurately completed and that, Recurrent training and examinations (8) Aviation policy and regulations, to according to their professional may be completed in the calendar include: judgment, the flight can be conducted month before, the calendar month of, or (i) 14 CFR parts 1, 27, 29, 61, 71, 91, safely. the calendar month after they are due. and 135; (b) Each certificate holder conducting (f) The certificate holder must (ii) 49 CFR part 830; helicopter air ambulance operations maintain a training record for each (iii) Company operations must provide enough operations control operations control specialist employed specifications; specialists at each operations control by the certificate holder for the duration (iv) Company general operations center to ensure proper operational of that individual’s employment and for policies; control of each flight. 90 days thereafter. Each training record (v) Enhanced operational control (c) Each certificate holder must must include a chronological log of all policies; describe in its operations manual the instructors, subjects covered, and course (vi) Aeronautical decisionmaking and duties and responsibilities of operations examinations and results. risk management;

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 62674 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules

(vii) Lost procedures; and operations control specialist must (1) Briefed on the topics included in (viii) Emergency and search and remain on duty until each helicopter air § 135.117(a) and (b); and rescue procedures, including plotting ambulance monitored by that person (2) Briefed on the following topics— coordinates in degrees, minutes, has completed its flight, has gone (i) Physiological aspects of flight; seconds format, and degrees, decimal beyond that person’s jurisdiction, or the (ii) Patient loading and unloading; minutes format; operations control specialist is relieved (iii) Safety in and around the aircraft; (9) Crew resource management, to by another qualified operations control (iv) In-flight emergency procedures; include: specialist. (i) Concepts and practical application; (2) Except in cases where (v) Emergency landing procedures; (ii) Risk management and risk circumstances or emergency conditions (vi) Emergency evacuation mitigation; and beyond the control of the certificate procedures; (iii) Pre-flight risk analysis procedures holder require otherwise— (vii) Efficient and safe required under § 135.615; (i) No certificate holder may schedule communications with the pilot; and (10) Local flying area orientation, to an operations control specialist for more (viii) Operational differences between include: than 10 consecutive hours of duty; day and night operations, if appropriate. (i) Terrain features; (ii) If an operations control specialist (b) The briefing required in paragraph (ii) Obstructions; is scheduled for more than 10 hours of (a)(2) of this section may be omitted if (iii) Weather phenomena for local duty in 24 consecutive hours, the all medical personnel on board have area; certificate holder must provide that satisfactorily completed the certificate (iv) Airspace and air traffic control person a rest period of at least 8 hours holder’s FAA-approved medical facilities; at or before the end of 10 hours of duty; personnel training program within the (v) Heliports, airports, landing zones, (iii) If an operations control specialist preceding 24 calendar months. Each and fuel facilities; is on duty for more than 10 consecutive training program must include a (vi) Instrument approaches; hours, the certificate holder must minimum of 4 hours of ground training, (vii) Predominant air traffic flow; provide that person a rest period of at and 4 hours of training in and around (viii) Landmarks and cultural features, least 8 hours before that person’s next an air ambulance helicopter, on the duty period; including areas prone to white out or topics set forth in paragraph (a)(2) of (iii) Each operations control specialist brown out conditions; and this section. (ix) Local aviation and safety must be relieved of all duty with the certificate holder for at least 24 (c) Each certificate holder must resources and contact information; and consecutive hours during any 7 maintain a record for each person (11) Any other requirements as consecutive days. trained under this section that— determined by the FAA to ensure safe (i) Drug and Alcohol Testing. (1) Contains the individual’s name, operations. Operations control specialists must be the most recent training completion (h) Operations control specialist duty tested for drugs and alcohol according date, and a description, copy, or time limitations. to the certificate holder’s Drug and reference to training materials used to (1) Each certificate holder must Alcohol Testing Program administered meet the training requirement; and establish the daily duty period for an under part 120 of this chapter. (2) Is maintained for 24 calendar operations control specialist so that it months following the individual’s begins at a time that allows that person § 135.619 Medical personnel briefing completion of training, and for 60 days requirements. to become thoroughly familiar with thereafter. operational considerations, including (a) Except as provided in paragraph existing and anticipated weather (b) of this section, prior to each Issued in Washington, DC, on September conditions in the area of operations, helicopter air ambulance operation, 28, 2010. helicopter operations in progress, and each pilot in command, or other flight Raymond Towles, helicopter maintenance status, before crewmember designated by the Acting Director, Flight Standards Service. performing duties associated with any certificate holder, must ensure that all [FR Doc. 2010–24862 Filed 10–7–10; 11:15 am] helicopter air ambulance operation. The medical personnel have been— BILLING CODE 4910–13–P

VerDate Mar<15>2010 15:04 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00036 Fmt 4701 Sfmt 9990 E:\FR\FM\12OCP2.SGM 12OCP2 wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2 i

Reader Aids Federal Register Vol. 75, No. 196 Tuesday, October 12, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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. 345...... 61035 Presidential Documents 3 CFR 563e...... 61035 Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: The United States Government Manual 741–6000 8571...... 62295 704...... 60651 8572...... 62297 Other Services Ch. XIII...... 61653 8573...... 62299 Electronic and on-line services (voice) 741–6020 8574...... 62301 13 CFR Privacy Act Compilation 741–6064 8575...... 62303 121 ...... 61591, 61597, 61604, Public Laws Update Service (numbers, dates, etc.) 741–6043 8576...... 62305 62258 TTY for the deaf-and-hard-of-hearing 741–6086 8577...... 62307 123...... 60588 8578...... 62449 124...... 62258 8579...... 62451 ELECTRONIC RESEARCH 125...... 62258 8580...... 62453 World Wide Web 126...... 62258 Executive Orders: 127...... 62258 13553...... 60567 Full text of the daily Federal Register, CFR and other publications 134...... 62258 is located at: http://www.gpoaccess.gov/nara/index.html 13554...... 62313 Federal Register information and research tools, including Public Administrative Orders: 14 CFR Memorandums: Inspection List, indexes, and links to GPO Access are located at: 39 ...... 60602, 60604, 60608, http://www.archives.gov/federallregister Memorandum of September 29, 60611, 60614, 61046, 61337, E-mail 2010 ...... 61033 61341, 61343, 61345, 61348, 61352, 61975, 61977, 61980, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of 61982, 61985, 61987, 61989, an open e-mail service that provides subscribers with a digital October 4, 2010 ...... 62309 62319 form of the Federal Register Table of Contents. The digital form 71 ...... 61609, 61610, 61611, of the Federal Register Table of Contents includes HTML and 5 CFR 61993, 62457, 62458, 62459, PDF links to the full text of each document. 870...... 60573 62460, 62461 1201...... 61321 To join or leave, go to http://listserv.access.gpo.gov and select 91...... 61612 Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: 831...... 60643 (or change settings); then follow the instructions. 1...... 62640 841...... 60643 PENS (Public Law Electronic Notification Service) is an e-mail 39 ...... 60655, 60659, 60661, 842...... 60643 service that notifies subscribers of recently enacted laws. 60665, 60667, 60669, 61114, 930...... 61998 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 61361, 61363, 61655, 61657, and select Join or leave the list (or change settings); then follow 7 CFR 61999, 62002, 62005, 62331, the instructions. 62333 319...... 62455 71...... 61660 FEDREGTOC-L and PENS are mailing lists only. We cannot 1219...... 61589 91...... 62640 respond to specific inquiries. Proposed Rules: 117...... 62486 Reference questions. Send questions and comments about the 1217...... 61002, 61025 120...... 62640 Federal Register system to: [email protected] 319...... 62484 121...... 62486 135...... 62640 The Federal Register staff cannot interpret specific documents or 9 CFR 139...... 62008 regulations. 77...... 60586 Reminders. Effective January 1, 2009, the Reminders, including 15 CFR 10 CFR Rules Going Into Effect and Comments Due Next Week, no longer 748...... 62462 appear in the Reader Aids section of the Federal Register. This 50...... 61321 902...... 60868 information can be found online at http://www.regulations.gov. Proposed Rules: CFR Checklist. Effective January 1, 2009, the CFR Checklist no 30...... 62330 17 CFR 32...... 62330 longer appears in the Federal Register. This information can be 200...... 62466 33...... 62330 found online at http://bookstore.gpo.gov/. 241...... 60616 34...... 62330 243...... 61050 35...... 62330 FEDERAL REGISTER PAGES AND DATE, OCTOBER 36...... 62330 18 CFR 37...... 62330 60567–61034...... 1 806...... 60617 61034–61320...... 4 39...... 62330 51...... 62330 808...... 60617 61321–61588...... 5 71...... 62330 Proposed Rules: 61589–61974...... 6 73...... 62330 35...... 62023 61975–62294...... 7 429...... 61361 260...... 61365 62295–62448...... 8 62449–62674...... 12 12 CFR 19 CFR 25...... 61035 Proposed Rules: 228...... 61035 210...... 60671

VerDate Mar 15 2010 18:48 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\12OCCU.LOC 12OCCU hsrobinson on DSK69SOYB1PROD with PROPOSALS3 ii Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Reader Aids

20 CFR 229...... 61051 37 CFR 62048, 62057, 62061 Proposed Rules: 241...... 61051 Proposed Rules: 404...... 62487 243...... 61051 201 ...... 61116, 62345, 62488 46 CFR 405...... 62487 290...... 61051 389...... 62472 38 CFR 416...... 62487 1201...... 61051 1202...... 61051 655...... 61578 3...... 61356, 61995 47 CFR 1203...... 61051 17...... 61621 21 CFR 1204...... 61051 Proposed Rules: 15...... 62476 79...... 61101 522...... 62468 1206...... 61051 17...... 62348 1306...... 61613 1207...... 61051 1208...... 61051 40 CFR 48 CFR 1210...... 61051 22 CFR 52 ...... 60623, 62323, 62470 Proposed Rules: 1212...... 61051 Proposed Rules: 156...... 62323 25...... 62069 1217...... 61051 62...... 60674 261...... 60632, 61356 216...... 60690 1218...... 61051 Proposed Rules: 252...... 60690 24 CFR 1219...... 61051 52 ...... 61367, 61369, 62024, 1220...... 61051 62026, 62354 Proposed Rules: 1227...... 61051 63...... 61662 49 CFR 203...... 62335 1228...... 61051 81...... 60680, 62026 395...... 61626 28 CFR 1229...... 61051 122...... 62358 593...... 62482 1241...... 61051 261...... 60689, 62040 Proposed Rules: Proposed Rules: 1243...... 61051 227...... 61386 2...... 62342 1290...... 61051 42 CFR 412...... 60640 30 CFR Proposed Rules: 50 CFR 56...... 62024 413...... 60640 201...... 61051 57...... 62024 415...... 60640 17...... 62192 202...... 61051 926...... 61366 424...... 60640 18...... 61631 203...... 61051 440...... 60640 600...... 62326 204...... 61051 31 CFR 441...... 60640 660...... 60868, 61102 206...... 61051 482...... 60640 679 ...... 61638, 61639, 61642, 1...... 61994 207...... 61051 485...... 60640 62482 208...... 61051 Proposed Rules: 32 CFR 489...... 60640 210...... 61051 17...... 61664, 62070 212...... 61051 323...... 61617 43 CFR 21...... 60691 217...... 61051 701...... 61618 3100...... 61624 217...... 60694 218...... 61051 223...... 61872 219...... 61051 33 CFR 44 CFR 224...... 61872, 61904 220...... 61051 117 ...... 61094, 62468, 62469 67...... 61358 226...... 61690 227...... 61051 165 ...... 61096, 61099, 61354, Proposed Rules: 622...... 62488 228...... 61051 61619, 62320 67 ...... 61371, 61373, 61377, 660...... 60709

VerDate Mar 15 2010 18:48 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\12OCCU.LOC 12OCCU hsrobinson on DSK69SOYB1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Reader Aids iii

Register but may be ordered H.R. 2701/P.L. 111–259 listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual publaws-l.html LIST OF PUBLIC LAWS Intelligence Authorization Act pamphlet) form from the for Fiscal Year 2010 (Oct. 7, Superintendent of Documents, 2010; 124 Stat. 2654) This is a continuing list of U.S. Government Printing Note: This service is strictly public bills from the current Office, Washington, DC 20402 Last List October 7, 2010 for E-mail notification of new session of Congress which (phone, 202–512–1808). The laws. The text of laws is not have become Federal laws. It text will also be made available through this service. may be used in conjunction available on the Internet from Public Laws Electronic PENS cannot respond to with ‘‘P L U S’’ (Public Laws GPO Access at http:// Notification Service specific inquiries sent to this Update Service) on 202–741– www.gpoaccess.gov/plaws/ address. 6043. This list is also index.html. Some laws may (PENS) available online at http:// not yet be available. www.archives.gov/federal- register/laws.html. H.R. 553/P.L. 111–258 PENS is a free electronic mail Reducing Over-Classification notification service of newly The text of laws is not Act (Oct. 7, 2010; 124 Stat. enacted public laws. To published in the Federal 2648) subscribe, go to http://

VerDate Mar 15 2010 18:48 Oct 08, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\12OCCU.LOC 12OCCU hsrobinson on DSK69SOYB1PROD with PROPOSALS3