6–10–09 Wednesday Vol. 74 No. 110 June 10, 2009

Pages 27423–27678

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Contents Federal Register Vol. 74, No. 110

Wednesday, June 10, 2009

Agricultural Marketing Service Election Assistance Commission PROPOSED RULES NOTICES Soybean Promotion and Research: Meetings; Sunshine Act, 27509 Amend the Order to Adjust Representation on the United Publication of State Plan Pursuant to the Help America Soybean Board, 27467–27469 Vote Act, 27509–27519

Agriculture Department Employment and Training Administration See Agricultural Marketing Service NOTICES See Animal and Plant Health Inspection Service Request for Certification of Compliance: See Forest Service Rural Industrialization Loan and Grant Program, 27561– 27562 Animal and Plant Health Inspection Service RULES Employment Standards Administration Karnal Bunt; Regulated Areas; Correction, 27423 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Update of Noxious Weed Regulations, 27456–27467 Submissions, and Approvals, 27560–27561

Army Department Energy Department See Engineers Corps See Federal Energy Regulatory Commission NOTICES Arts and Humanities, National Foundation Meetings: See National Foundation on the Arts and the Humanities Environmental Management Site-Specific Advisory Board, Nevada, 27520 Centers for Disease Control and Prevention NOTICES Engineers Corps Meetings: NOTICES Advisory Council for the Elimination of Tuberculosis, Environmental Impact Statements; Availability, etc.: 27553 Great Salt Lake Minerals Corporation’s Solar Evaporation Disease, Disability, and Injury Prevention and Control Pond Expansion Project, Box Elder County, UT, Special Emphasis Panel, 27553–27554 27507–27509 National Center for Injury Prevention and Control Initial Review Group; Correction, 27553–27554 Environmental Protection Agency RULES Coast Guard Approval and Promulgation of Air Quality Implementation RULES Plans: Drawbridge Operation Regulations: Indiana, 27442–27444 Atlantic Intracoastal Waterway, New Smyrna Beach, FL, Approval and Promulgation of State Plans for Designated 27442 Facilities and Pollutants: Navigation and Navigable Waters: Memphis, TN; Control of Emissions from Existing Technical, Organizations and Conforming Amendments, Hospital/Medical/Infectious Waste Incinerators, 27435–27442 27444–27447 PROPOSED RULES Tolerance Exemptions: Safety Zones: Residues of Silver in Foods from Food Contact Surface AVI September Fireworks Display; Laughlin, NV, 27481– Sanitizing Solutions, 27447–27454 27484 PROPOSED RULES Special Local Regulations; Approval and Promulgation of State Plans for Designated Great Lakes Annual Marine Events, 27478–27481 Facilities and Pollutants: NOTICES Memphis, TN; Control of Emissions from Existing Committee Establishment and Request for Applications: Hospital/Medical/Infectious Waste Incinerators, Merchant Mariner Medical Advisory Committee; 27484 Vacancies, 27557 NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals, 27529–27533 See Foreign–Trade Zones Board Amendment to the Allethrins Reregistration Eligibility See National Oceanic and Atmospheric Administration Decision, 27533 Applications: Defense Department Pesticide Experimental Use Permit, 27533–27535 See Engineers Corps Availability of National Recommended Water Quality Criteria: Department of Transportation Acrolein and Phenol, 27535–27536 See Pipeline and Hazardous Materials Safety Determination: Administration Maine Marine Sanitation Device Standard, 27537–27538

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Meetings: Federal Housing Financing Agency Science Advisory Board Risk and Technology Review PROPOSED RULES Assessment Methodologies Panel, 27538 Post-Employment Restriction for Senior Examiners, 27470– Pesticide Petitions: 27474 Residues of Pesticide Chemicals in or on Various Commodities, 27538–27541 Federal Maritime Commission Pesticide Products; Registration Applications, 27541–27542 NOTICES Proposed Administrative Settlement: Ocean Transportation Intermediary License Applicants, State Road 144 Ground Water Plume Superfund Site, 27550 Levelland, Hockley County, TX, 27542–27543 Ocean Transportation Intermediary License Reissuances, Reregistration Eligibility Decision; Second Revision: 27551 Permethrin, 27543 Ocean Transportation Intermediary License Revocations, 27551 Executive Office of the President See Presidential Documents Federal Motor Carrier Safety Administration PROPOSED RULES Federal Aviation Administration Minimum Levels of Financial Responsibility for Motor PROPOSED RULES Carriers, 27485–27493 Airworthiness Directives: Bombardier Model CL–600–2B19 (Regional Jet Series 100 Fiscal Service & 440) Airplanes, 27474–27476 RULES Bombardier Model DHC–8–400 Series Airplanes, 27476– Disbursing Official Offset, 27432–27433 27478 Fish and Wildlife Service Federal Communications Commission PROPOSED RULES RULES Endangered and Threatened Wildlife and Plants: Amendment of Part 90 of the Commission’s Rules; Proposed Revised Critical Habitat for Navarretia fossalis Correction, 27455 (Spreading Navarretia), 27588–27640 Television Broadcasting Services: Canton, OH, 27454 Foreign Assets Control Office Spokane, WA, 27454–27455 RULES PROPOSED RULES Sudanese Sanctions Regulations, 27433–27435 Television Broadcasting Services: Amarillo, TX, 27484–27485 Foreign–Trade Zones Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Proposed Foreign–Trade Zone: Submissions, and Approvals, 27543–27550 Kern County, CA; Correction, 27506

Federal Emergency Management Agency Forest Service NOTICES NOTICES Criteria for Preparation and Evaluation of Radiological Agency Information Collection Activities; Proposals, Emergency Response Plans and Preparedness in Submissions, and Approvals, 27505–27506 Support of Nuclear Power Plants, 27557–27558 Health and Human Services Department Federal Energy Regulatory Commission See Centers for Disease Control and Prevention NOTICES See Indian Health Service Agency Information Collection Activities; Proposals, See National Institutes of Health Submissions, and Approvals, 27520–27524 NOTICES Applications: Decision to Evaluate Petition to Designate Class of Alaska Power & Telephone Co., 27525–27526 Employees to be included in the Special Exposure Mohawk Hydro Corp., 27526–27527 Cohort: Northern Illinois Hydropower, LLC, 27524–27525 Norton Co., Worcester, MA, 27551–27552 Complaints: Meetings: Chevron Products Co. v. SFPP, L.P., 27527–27528 Health Information Technology Standards Committee People of the State of California, ex rel. v. Powerex Corp. Meeting, 27552 (f/k/a British Columbia Power Exchange Corp.), et al., 27527 Homeland Security Department Filings: See Coast Guard Bonneville Power Administration, 27528 See Federal Emergency Management Agency Initial Market-Based Rate Filing: NOTICES P. H. Glatfelter Co., 27528–27529 Agency Information Collection Activities; Proposals, Palmco Power CT, LLC, 27529 Submissions, and Approvals, 27555–27557

Federal Highway Administration Housing and Urban Development Department NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Brown County, WI, 27585 Submissions, and Approvals, 27558–27559

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Indian Health Service Proposed Agreements: NOTICES New Jersey, 27572–27576 Reimbursement Rates (Calendar Year 2009), 27554–27555 Occupational Safety and Health Administration Interior Department NOTICES See Fish and Wildlife Service Susan Harwood Training Grant Program (FY 2009); Availabilitiy of Funds and Solicitation for Grant International Trade Commission Applications, 27562–27570 NOTICES Investigations: Parole Commission Oil County Tubular Goods from China, 27559–27560 NOTICES Meeting Closure, Vote Record, 27560 Justice Department See Parole Commission Pipeline and Hazardous Materials Safety Administration NOTICES Labor Department Application for Special Permits, 27583–27585 See Employment and Training Administration See Employment Standards Administration Presidential Documents See Occupational Safety and Health Administration PROCLAMATIONS Special Observances: National Foundation on the Arts and the Humanities National Lesbian, Gay, Bisexual, and Transgender Pride NOTICES Month (Proc. 8387) Meetings: Republication with Correction, 27675–27678 National Council on the Arts 167th Meeting, 27570– 27571 Public Debt Bureau See Fiscal Service National Highway Traffic Safety Administration PROPOSED RULES Securities and Exchange Commission Preliminary Theft Data; Motor Vehicle Theft Prevention RULES Standard, 27493–27498 Staff Accounting Bulletin (No. 112), 27427–27432 NOTICES National Institutes of Health Self-Regulatory Organizations; Proposed Rule Changes: NOTICES BATS Exchange, Inc., 27577–27578, 27581–27583 Agency Information Collection Activities; Proposals, Chicago Board Options Exchange, Inc., 27580–27581 Submissions, and Approvals, 27552–27553 Financial Industry Regulatory Authority, Inc, 27579– National Oceanic and Atmospheric Administration 27580 PROPOSED RULES Sentencing Commission, United States Fisheries of the United States Exclusive Economic Zone Off See United States Sentencing Commission Alaska: Fisheries of the Arctic Management Area; Bering Sea Small Business Administration Subarea, 27498–27504 RULES NOTICES Schedules for Atlantic Shark Identification Workshops and American Recovery and Reinvestment Act: Protected Species Safe Handling, Release, and America’s Recovery Capital (Business Stabilization) Loan Identification Workshops, 27506–27507 Program; Interest Rate, 27426

National Science Foundation Transportation Department NOTICES See Federal Aviation Administration Meetings: See Federal Highway Administration Proposal Review, 27571 See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Nuclear Regulatory Commission See Pipeline and Hazardous Materials Safety RULES Administration List of Approved Spent Fuel Storage Casks: Standardized NUHOMS System Revision 10, 27423– Treasury Department 27426 See Fiscal Service Revision of Fee Schedules; Fee Recovery for FY 2009, See Foreign Assets Control Office 27642–27673 PROPOSED RULES United States Sentencing Commission List of Approved Spent Fuel Storage Casks: NOTICES Standardized NUHOMS System Revision 10, 27469– Sentencing Guidelines for United States Courts, 27586 27470 NOTICES Environmental Assessment. and Finding of No Significant Separate Parts In This Issue Impact: Idaho Spent Fuel Facility, 27571–27572 Part II Order Regarding Oral Argument: Interior Department, Fish and Wildlife Service, 27588– South Texas Project Nuclear Operating Co., 27572 27640

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Part III Reader Aids Nuclear Regulatory Commission, 27642–27673 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Part IV Presidential Documents, 27675–27678 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 679...... 27498 Proclamations: 8387...... 27677 7 CFR 301...... 27423 Proposed Rules: 319...... 27456 352...... 27456 360...... 27456 361...... 27456 1220...... 27467 10 CFR 72...... 27423 170...... 27642 171...... 27642 Proposed Rules: 72...... 27469 12 CFR Proposed Rules: 1212...... 27470 13 CFR 120...... 27426 14 CFRq Proposed Rules: 39 (2 documents) ...... 27474, 27476 17 CFR 211...... 27427 31 CFR 285...... 27432 538...... 27433 33 CFR 1...... 27435 25...... 27435 66...... 27435 70...... 27435 72...... 27435 100...... 27435 110...... 27435 117...... 27442 133...... 27435 135...... 27435 136...... 27435 137...... 27435 138...... 27435 155...... 27435 157...... 27435 161...... 27435 165...... 27435 166...... 27435 Proposed Rules: 100...... 27478 165...... 27481 40 CFR 52...... 27442 62...... 27444 180...... 27447 Proposed Rules: 62...... 27484 47 CFR 73 (2 documents) ...... 27454 90...... 27455 Proposed Rules: 73...... 27484 49 CFR Proposed Rules: 387...... 27485 541...... 27493 50 CFR Proposed Rules: 17...... 27588

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Rules and Regulations Federal Register Vol. 74, No. 110

Wednesday, June 10, 2009

This section of the FEDERAL REGISTER shielded canister (DSC) designated the PDR Reference staff at 1–800–397–4209, contains regulatory documents having general NUHOMS®¥61BTH DSC, add a dry 301–415–4737, or by e-mail to applicability and legal effect, most of which shielded canister designated the [email protected]. An electronic are keyed to and codified in the Code of NUHOMS®¥32PTH1 DSC, add an copy of the CoC, technical specifications Federal Regulations, which is published under alternate high-seismic option of the (TS), and preliminary safety evaluation 50 titles pursuant to 44 U.S.C. 1510. horizontal storage module (HSM) for report (SER) can be found under The Code of Federal Regulations is sold by storing the 32PTH1 DSC, allow storage ADAMS Package Number the Superintendent of Documents. Prices of of Westinghouse 15X15 Partial Length ML090400180. new books are listed in the first FEDERAL Shield Assemblies in the CoC No. 1004, the TS, the preliminary REGISTER issue of each week. NUHOMS®¥24PTH DSC, allow storage SER, and the environmental assessment of control components in the are available for inspection at the NRC NUHOMS®¥32PT DSC, and add a new PDR, Public File Area O–1F21, One DEPARTMENT OF AGRICULTURE Technical Specification, which applies White Flint North, 11555 Rockville to Independent Spent Fuel Storage Pike, Rockville, MD. Single copies of Animal and Plant Health Inspection Installation sites located in a coastal these documents may be obtained from Service marine environment, that any load Jayne M. McCausland, Office of Federal bearing carbon steel component which and State Materials and Environmental 7 CFR Part 301 is part of the HSM must contain at least Management Programs, U.S. Nuclear [Docket No. APHIS–2009–0036] 0.20 percent copper as an alloy Regulatory Commission, Washington, addition. DC 20555–0001, telephone (301) 415– Karnal Bunt; Regulated Areas DATES: The final rule is effective August 6219, e-mail [email protected]. Correction 24, 2009, unless significant adverse comments are received by July 10, 2009. FOR FURTHER INFORMATION CONTACT: In rule document E9–13051 beginning A significant adverse comment is a Jayne M. McCausland, Office of Federal on page 26774 in the issue of Thursday, comment where the commenter and State Materials and Environmental June 4, 2009, make the following explains why the rule would be Management Programs, U.S. Nuclear correction: inappropriate, including challenges to Regulatory Commission, Washington, § 301.89–3 [Corrected] the rule’s underlying premise or DC 20555–0001, telephone (301) 415– approach, or would be ineffective or 6219, e-mail On page 26776, in §301.890–3(g), in unacceptable without a change. If the [email protected]. the third column, in the tenth line from rule is withdrawn, timely notice will be the bottom of the page, ‘‘–1114.687198’’ SUPPLEMENTARY INFORMATION: published in the Federal Register. should read ‘‘–114.687198’’ Background ADDRESSES: You can access publicly [FR Doc. Z9–13051 Filed 6–9–09; 8:45 am] available documents related to this Section 218(a) of the Nuclear Waste BILLING CODE 1505–01–D document using the following methods: Policy Act of 1982, as amended Federal e-Rulemaking Portal: Go to (NWPA), requires that ‘‘[t]he Secretary http://www.regulations.gov and search [of the Department of Energy (DOE)] NUCLEAR REGULATORY for documents filed under Docket ID shall establish a demonstration program, COMMISSION [NRC–2009–0162]. Address questions in cooperation with the private sector, about NRC dockets to Carol Gallagher for the dry storage of spent nuclear fuel 10 CFR Part 72 301–492–3668; e-mail at civilian nuclear power reactor sites, RIN 3150–AI62 [email protected]. with the objective of establishing one or NRC’s Public Document Room (PDR): more technologies that the [Nuclear [NRC–2009–0162] The public may examine and have Regulatory] Commission may, by rule, List of Approved Spent Fuel Storage copied for a fee publicly available approve for use at the sites of civilian Casks: Standardized NUHOMS® documents at the NRC’s PDR, Public nuclear power reactors without, to the System Revision 10 File Area O–1F21, One White Flint maximum extent practicable, the need North, 11555 Rockville Pike, Rockville, for additional site-specific approvals by AGENCY: Nuclear Regulatory Maryland. the Commission.’’ Section 133 of the Commission. NRC’s Agencywide Documents Access NWPA states, in part, that ‘‘[t]he ACTION: Direct final rule. and Management System (ADAMS): Commission shall, by rule, establish Publicly available documents created or procedures for the licensing of any SUMMARY: The U.S. Nuclear Regulatory received at the NRC are available technology approved by the Commission (NRC) is amending its electronically at the NRC’s Electronic Commission under Section 218(a) for spent fuel storage regulations by Reading Room at http://www.nrc.gov/ use at the site of any civilian nuclear revising the Transnuclear, Inc. (TN), reading-rm/adams.html. From this page, power reactor.’’ Standardized NUHOMS® System listing the public can gain entry into ADAMS, To implement this mandate, the NRC within the ‘‘List of Approved Spent Fuel which provides text and image files of approved dry storage of spent nuclear Storage Casks’’ to include Amendment NRC’s public documents. If you do not fuel in NRC-approved casks under a No. 10 to Certificate of Compliance have access to ADAMS or if there are general license by publishing a final (CoC) Number 1004. Amendment No. 10 problems in accessing the documents rule in 10 CFR Part 72, which added a will modify the cask design to add a dry located in ADAMS, contact the NRC’s new Subpart K within 10 CFR Part 72,

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entitled ‘‘General License for Storage of health and safety will continue to be (2) The comment proposes a change Spent Fuel at Power Reactor Sites’’ (55 ensured. When this direct final rule or an addition to the rule, and it is FR 29181; July 18, 1990). This rule also becomes effective, persons who hold a apparent that the rule would be established a new Subpart L within 10 general license under 10 CFR 72.210 ineffective or unacceptable without CFR Part 72, entitled ‘‘Approval of may load spent nuclear fuel into incorporation of the change or addition. ® Spent Fuel Storage Casks,’’ which Standardized NUHOMS System casks (3) The comment causes the NRC staff contains procedures and criteria for that meet the criteria of Amendment No. to make a change (other than editorial) obtaining NRC approval of spent fuel 10 to CoC No. 1004 under 10 CFR to the rule, CoC, or TS. storage cask designs. The NRC 72.212. subsequently issued a final rule on Voluntary Consensus Standards December 22, 1994 (59 FR 65898), that Discussion of Amendments by Section approved the Standardized NUHOMS® Section 72.214. List of approved spent The National Technology Transfer System cask design and added it to the fuel storage casks. and Advancement Act of 1995 (Pub. L. list of NRC-approved cask designs in 10 Certificate of Compliance No. 1004 is 104–113) requires that Federal agencies CFR 72.214 as CoC No. 1004. revised by adding the effective date of use technical standards that are developed or adopted by voluntary Discussion Amendment No. 10. consensus standards bodies unless the On January 12, 2007, and as Procedural Background use of such a standard is inconsistent supplemented on February 21, March This rule is limited to the changes with applicable law or otherwise 15, July 3, and November 7, 2007; contained in Amendment No. 10 to CoC impractical. In this direct final rule, the January 18, May 23, June 25, July 28, No. 1004 and does not include other NRC will revise the Standardized and October 8, 2008, the certificate aspects of the Standardized NUHOMS® System cask design listed in holder (TN) submitted an application to NUHOMSsup® System. The NRC is § 72.214 (List of NRC-approved spent the NRC that requested an amendment using the ‘‘direct final rule procedure’’ fuel storage cask designs). This action to CoC No. 1004. Specifically, TN to issue this amendment because it does not constitute the establishment of requested modifications to the cask represents a limited and routine change a standard that contains generally design to add a DSC designated the ® to an existing CoC that is expected to be applicable requirements. NUHOMS –61BTH DSC, add a dry noncontroversial. Adequate protection shielded canister designated the Agreement State Compatibility ® of public health and safety continues to NUHOMS –32PTH1 DSC, add an be ensured. The amendment to the rule alternate high-seismic option of the Under the ‘‘Policy Statement on will become effective on August 24, Adequacy and Compatibility of HSM for storing the 32PTH1 DSC, allow 2009. However, if the NRC receives any storage of Westinghouse 15X15 Partial Agreement State Programs’’ approved by significant adverse comments on this the Commission on June 30, 1997, and Length Shield Assemblies in the direct final rule by July 10, 2009, then NUHOMS®–24PTH DSC, allow storage published in the Federal Register on the NRC will publish a document that of control components in the September 3, 1997 (62 FR 46517), this withdraws this action and will NUHOMS®–32PT DSC, and add a new rule is classified as Compatibility subsequently address any comment TS, which applies to Independent Spent Category ‘‘NRC.’’ Compatibility is not received in a final rule as a response to Fuel Storage Installation (ISFSI) sites required for Category ‘‘NRC’’ the companion proposed rule published located in a coastal marine elsewhere in this issue of the Federal regulations. The NRC program elements environment, that any load bearing Register. Absent significant in this category are those that relate carbon steel component which is part of modifications to the proposed revisions directly to areas of regulation reserved the HSM must contain at least 0.20 requiring republication, the NRC will to the NRC by the Atomic Energy Act of percent copper as an alloy addition. As 1954, as amended (AEA), or the documented in the SER, the NRC staff not initiate a second comment period on this action. provisions of Title 10 of the Code of performed a detailed safety evaluation Federal Regulations. Although an of the proposed CoC amendment request A significant adverse comment is a comment where the commenter Agreement State may not adopt program and found that an acceptable safety elements reserved to NRC, it may wish margin is maintained. In addition, the explains why the rule would be inappropriate, including challenges to to inform its licensees of certain NRC staff has determined that there requirements via a mechanism that is continues to be reasonable assurance the rule’s underlying premise or approach, or would be ineffective or consistent with the particular State’s that public health and safety and the administrative procedure laws but does environment will be adequately unacceptable without a change. A comment is adverse and significant if: not confer regulatory authority on the protected. State. This direct final rule revises the (1) The comment opposes the rule and Standardized NUHOMS® System listing provides a reason sufficient to require a Plain Language in 10 CFR 72.214 by adding substantive response in a notice-and- Amendment No. 10 to CoC No. 1004. comment process. For example, a The Presidential Memorandum, The amendment consists of the changes substantive response is required when: ‘‘Plain Language in Government described above, as set forth in the (a) The comment causes the NRC staff Writing,’’ published June 10, 1998 (63 revised CoC and TS. The particular TS to reevaluate (or reconsider) its position FR 31883), directed that the which are changed are identified in the or conduct additional analysis; Government’s documents be in clear SER. (b) The comment raises an issue and accessible language. The NRC The amended Standardized serious enough to warrant a substantive requests comments on this direct final NUHOMS® System cask design, when response to clarify or complete the rule specifically with respect to the used under the conditions specified in record; or clarity and effectiveness of the language the CoC, the TS, and NRC regulations, (c) The comment raises a relevant used. Comments should be sent to the will meet the requirements of Part 72; issue that was not previously addressed address listed under the heading thus, adequate protection of public or considered by the NRC staff. ADDRESSES, above.

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Finding of No Significant Public Protection Notification Approval of the direct final rule is Environmental Impact: Availability The NRC may not conduct or sponsor, consistent with previous NRC actions. Further, as documented in the SER and Under the National Environmental and a person is not required to respond to, a request for information or an the environmental assessment, the Policy Act of 1969, as amended, and the direct final rule will have no adverse NRC regulations in Subpart A of 10 CFR information collection requirement unless the requesting document effect on public health and safety. This Part 51, the NRC has determined that direct final rule has no significant this rule, if adopted, would not be a displays a currently valid OMB control number. identifiable impact or benefit on other major Federal action significantly Government agencies. Based on this affecting the quality of the human Regulatory Analysis regulatory analysis, the NRC concludes environment and therefore, an that the requirements of the direct final environmental impact statement is not On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR rule are commensurate with the NRC’s required. The NRC has prepared an responsibilities for public health and environmental assessment and, on the Part 72 to provide for the storage of spent nuclear fuel under a general safety and the common defense and basis of this environmental assessment, security. No other available alternative has made a finding of no significant license in cask designs approved by the NRC. Any nuclear power reactor is believed to be as satisfactory, and impact. This rule will amend the CoC thus, this action is recommended. for the Standardized NUHOMS® System licensee can use NRC-approved cask cask design within the list of approved designs to store spent nuclear fuel if it Regulatory Flexibility Certification notifies the NRC in advance, the spent spent fuel storage casks that power Under the Regulatory Flexibility Act reactor licensees can use to store spent fuel is stored under the conditions specified in the cask’s CoC, and the of 1980 (5 U.S.C. 605(b)), the NRC fuel at reactor sites under a general certifies that this rule will not, if issued, license. conditions of the general license are met. A list of NRC-approved cask have a significant economic impact on The amendment will add a dry designs is contained in 10 CFR 72.214. a substantial number of small entities. shielded canister designated the This direct final rule affects only ® On December 22, 1994 (59 FR 65898), NUHOMS –61BTH DSC, add a dry the NRC issued an amendment to Part nuclear power plant licensees and TN. shielded canister designated the These entities do not fall within the ® 72 that approved the Standardized NUHOMS –32PTH1 DSC, add an NUHOMS® System cask design by scope of the definition of ‘‘small alternate high-seismic option of the adding it to the list of NRC-approved entities’’ set forth in the Regulatory HSM for storing the 32PTH1 DSC, allow cask designs in 10 CFR 72.214. On Flexibility Act or the size standards storage of Westinghouse 15X15 Partial January 12, 2007, and as supplemented established by the NRC (10 CFR 2.810). Length Shield Assemblies in the ® on February 21, March 15, July 3, and Backfit Analysis NUHOMS –24PTH DSC, allow storage November 7, 2007; January 18, May 23, of control components in the The NRC has determined that the ® June 25, July 28, and October 8, 2008, NUHOMS –32PT DSC, and add a new the certificate holder (TN) submitted an backfit rule (10 CFR 72.62) does not TS, which applies to ISFSI sites located application to the NRC to amend CoC apply to this direct final rule because in a coastal marine environment, that No. 1004 to add a dry shielded canister this amendment does not involve any any load bearing carbon steel designated the NUHOMS®-61BTH DSC, provisions that would impose backfits component which is part of the HSM add a dry shielded canister designated as defined in 10 CFR Chapter I. must contain at least 0.20 percent the NUHOMS®-32PTH1 DSC, add an Therefore, a backfit analysis is not copper as an alloy addition. alternate high-seismic option of the required. The environmental assessment and HSM for storing the 32PTH1 DSC, allow Congressional Review Act finding of no significant impact on storage of Westinghouse 15X15 Partial which this determination is based are Length Shield Assemblies in the Under the Congressional Review Act available for inspection at the NRC NUHOMS®-24PTH DSC, allow storage of 1996, the NRC has determined that Public Document Room, Public File of control components in the this action is not a major rule and has Area O–1F21, One White Flint North, NUHOMS®-32PT DSC, and add a new verified this determination with the 11555 Rockville Pike, Rockville, MD. TS, which applies to ISFSI sites located Office of Information and Regulatory Single copies of the environmental in a coastal marine environment, that Affairs, Office of Management and assessment and finding of no significant any load bearing carbon steel Budget. impact are available from Jayne M. component which is part of the HSM List of Subjects in 10 CFR Part 72 McCausland, Office of Federal and State must contain at least 0.20 percent Administrative practice and Materials and Environmental copper as an alloy addition. Management Programs, U.S. Nuclear The alternative to this action is to procedure, Hazardous Waste, Nuclear Regulatory Commission, Washington, withhold approval of Amendment No. materials, Occupational safety and DC 20555–0001, telephone (301) 415– 10 and to require any Part 72 general health, Radiation protection, Reporting 6219, e-mail licensee, seeking to load fuel into and recordkeeping requirements, [email protected]. Standardized NUHOMS® System casks Security measures, Spent fuel, Whistleblowing. Paperwork Reduction Act Statement under the changes described in Amendment No. 10, to request an ■ For the reasons set out in the This direct final rule does not contain exemption from the requirements of 10 preamble and under the authority of the a new or amended information CFR 72.212 and 72.214. Under this Atomic Energy Act of 1954, as amended; collection requirement subject to the alternative, each interested Part 72 the Energy Reorganization Act of 1974, Paperwork Reduction Act of 1995 (44 licensee would have to prepare, and the as amended; the Nuclear Waste Policy U.S.C. 3501 et seq.). Existing NRC would have to review, a separate Act of 1982, as amended; and 5 U.S.C. requirements were approved by the exemption request, thereby increasing 552 and 553; the NRC is adopting the Office of Management and Budget, the administrative burden upon the following amendments to 10 CFR Part Approval Number 3150–0132. NRC and the costs to each licensee. 72.

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PART 72—LICENSING Amendment Number 8 Effective Date: 409 Third Street, SW., Washington, DC REQUIREMENTS FOR THE December 5, 2005. 20410 or via e-mail at INDEPENDENT STORAGE OF SPENT Amendment Number 9 Effective Date: [email protected]. April 17, 2007. NUCLEAR FUEL, HIGH-LEVEL SUPPLEMENTARY INFORMATION: RADIOACTIVE WASTE, AND Amendment Number 10 Effective REACTOR-RELATED GREATER THAN Date: August 24, 2009. I. Background Information SAR Submitted by: Transnuclear, Inc. CLASS C WASTE The American Recovery and SAR Title: Final Safety Analysis Reinvestment Act of 2009 (the Recovery ■ 1. The authority citation for Part 72 Report for the Standardized NUHOMS® Act), Public Law 111–5, 123 Stat. 115, continues to read as follows: Horizontal Modular Storage System for was enacted on February 17, 2009, to, Irradiated Nuclear Fuel. Authority: Secs. 51, 53, 57, 62, 63, 65, 69, among other things, promote economic 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. Docket Number: 72–1004. recovery by preserving and creating 929, 930, 932, 933, 934, 935, 948, 953, 954, Certificate Expiration Date: January 955, as amended, sec. 234, 83 Stat. 444, as 23, 2015. jobs, and assisting those most impacted amended (42 U.S.C. 2071, 2073, 2077, 2092, Model Number: NUHOMS®–24P, by the severe economic conditions 2093, 2095, 2099, 2111, 2201, 2232, 2233, –24PHB, –24PTH, –32PT, –32PTH1, facing the nation. SBA is one of several 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. –52B, –61BT, and –61BTH. agencies that will play a role in L. 86–373, 73 Stat. 688, as amended (42 achieving these goals. SBA received U.S.C. 2021); sec. 201, as amended, 202, 206, * * * * * funding and authority through the 88 Stat. 1242, as amended, 1244, 1246 (42 Dated at Rockville, Maryland, this 28th day Recovery Act for several actions to help U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. of May, 2009. small business lending, including 10, 92 Stat. 2951 as amended by Pub. L. 102– For the Nuclear Regulatory Commission. 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. authority to establish a new temporary 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 R.W. Borchardt, loan program to help troubled (42 U.S.C. 4332); secs. 131, 132, 133, 135, Executive Director for Operations. businesses. 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, [FR Doc. E9–13579 Filed 6–9–09; 8:45 am] SBA has published in the Federal 2232, 2241, sec. 148, Pub. L. 100–203, 101 BILLING CODE 7590–01–P Register an interim final rule Stat. 1330–235 (42 U.S.C. 10151, 10152, establishing a temporary program to 10153, 10155, 10157, 10161, 10168); sec. guarantee loans to viable small business 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); SMALL BUSINESS ADMINISTRATION concerns that have a qualifying small sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 business loan, and are experiencing (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 13 CFR Part 120 immediate financial hardship. Loans 142(b) and 148(c), (d), Pub. L. 100–203, 101 made under this program, referred to as Stat. 1330–232, 1330–236 (42 U.S.C. American Recovery and Reinvestment ‘‘America’s Recovery Capital Loan 10162(b), 10168(c), (d)). Section 72.46 also Act: America’s Recovery Capital Program’’ (ARC Loan Program) can be issued under sec. 189, 68 Stat. 955 (42 U.S.C. (Business Stabilization) Loan Program used to make principal and interest 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 payments on existing qualifying small AGENCY: U.S. Small Business (42 U.S.C. 10154). Section 72.96(d) also business loans. ARC Loans are interest Administration. issued under sec. 145(g), Pub. L. 100–203, free to the borrower with SBA making 101 Stat. 1330–235 (42 U.S.C. 10165(g)). ACTION: Notice of ARC loan program the interest payment on the loan to the Subpart J also issued under secs. 2(2), 2(15), interest rate. 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. lender. As part of the interim final rule, SBA provided that the interest rate for 2202, 2203, 2204, 2222, 2244 (42 U.S.C. SUMMARY: SBA has published an interim 10101, 10137(a), 10161(h)). Subparts K and L final rule implementing section 506 of ARC Loans would be published in the are also issued under sec. 133, 98 Stat. 2230 the American Recovery and Federal Register. (42 U.S.C. 10153) and sec. 218(a), 96 Stat. Reinvestment Act of 2009. The rule This notice establishes the interest 2252 (42 U.S.C. 10198). establishes a temporary program to rate for ARC Loans. SBA will pay SBA ■ 2. In § 72.214, Certificate of guarantee loans to viable small business lenders a variable rate of interest on Compliance 1004 is revised to read as concerns that have a qualifying small ARC Loans. The interest rate SBA will follows: business loan, and are experiencing pay on an ARC Loan is the prime rate immediate financial hardship. Loans in effect on the first business day of the § 72.214 List of approved spent fuel month, as printed in a national financial storage casks. made under this program, referred to as ‘‘America’s Recovery Capital Loan newspaper published each business * * * * * Program’’ (ARC Loan Program) can be day, plus two (2) percentage points. Certificate Number: 1004. used to make principal and interest The initial interest rate for ARC Loans Initial Certificate Effective Date: payments on existing qualifying small will be based on the prime rate that was January 23, 1995. business loans. ARC Loans are interest in effect as of the first business day of Amendment Number 1 Effective Date: free to the borrower with SBA making the month in which SBA received the April 27, 2000. loan application. The interest rate will Amendment Number 2 Effective Date: the interest payment on the loan to the lender. As part of the interim final rule, be adjusted on the first business day of September 5, 2000. each month thereafter, using the prime Amendment Number 3 Effective Date: SBA provided that the interest rate would be published in the Federal rate in effect on such date. September 12, 2001. Any future change to interest rates Amendment Number 4 Effective Date: Register. This notice establishes the initial interest rate for ARC Loans at paid by SBA on ARC Loans will be February 12, 2002. published in the Federal Register. Amendment Number 5 Effective Date: prime plus two percentage points. January 7, 2004. DATES: The interest rate is effective as of Eric Zarnikow, Amendment Number 6 Effective Date: June 10, 2009. Associate Administrator, Office of Capital December 22, 2003. FOR FURTHER INFORMATION CONTACT: Access. Amendment Number 7 Effective Date: Janet A. Tasker, Office of Capital [FR Doc. E9–13687 Filed 6–8–09; 4:15 pm] March 2, 2004. Access, Small Business Administration, BILLING CODE 8025–01–P

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SECURITIES AND EXCHANGE Bulletin No. 112 to the table found in should account for and disclose COMMISSION Subpart B. contingent liabilities that have been assumed in a business combination. Staff Accounting Bulletin No. 112 17 CFR Part 211 Statement 141(R), as amended by FASB This staff accounting bulletin amends Staff Position 141(R)–1 (‘‘FSP 141(R)– [Release No. SAB 112] or rescinds portions of the interpretive 1’’), provides guidance on the guidance included in the Staff recognition, measurement and Staff Accounting Bulletin No. 112 Accounting Bulletin Series in order to disclosure of assets and liabilities AGENCY: Securities and Exchange make the relevant interpretive guidance arising from contingencies. Commission. consistent with current authoritative e. Topic 2.A.8 is amended to remove accounting and auditing guidance and the reference to Emerging Issues Task ACTION: Publication of Staff Accounting Securities and Exchange Commission Force (‘‘EITF’’) Issue No. 88–16, Basis in Bulletin. (‘‘Commission’’) rules and regulations. Leveraged Buyout Transactions, which SUMMARY: This staff accounting bulletin Specifically, the staff is updating the was superseded by Statement 141(R). amends or rescinds portions of the Series in order to bring existing f. Topic 2.A.9 is removed. This topic interpretive guidance included in the guidance into conformity with recent provided guidance on cash flow Staff Accounting Bulletin Series in pronouncements by the Financial estimates used to determine the fair order to make the relevant interpretive Accounting Standards Board (‘‘FASB’’), value of a contingent liability assumed guidance consistent with current namely, Statement of Financial in a business combination and authoritative accounting and auditing Accounting Standards No. 141 (revised referenced the need for disclosures in guidance and Securities and Exchange 2007), Business Combinations Management’s Discussion and Analysis Commission rules and regulations. (‘‘Statement 141(R)’’), and Statement of (‘‘MD&A’’) for any adjustments made to Specifically, the staff is updating the Financial Accounting Standards No. the historical financial statements of the Series in order to bring existing 160, Noncontrolling Interests in acquired entity. This guidance is no guidance into conformity with recent Consolidated Financial Statements longer necessary because: Statement pronouncements by the Financial (‘‘Statement 160’’). 141(R), as amended by FSP 141(R)–1, Accounting Standards Board, namely, The following describes the changes provides guidance on the recognition, Statement of Financial Accounting made to the Staff Accounting Bulletin measurement and disclosure of assets Standards No. 141 (revised 2007), Series that are presented at the end of and liabilities arising from Business Combinations, and Statement this release: contingencies; Statement of Financial of Financial Accounting Standards No. Accounting Standards No. 157, Fair 1. Topic 2: Business Combinations Value Measurements (‘‘Statement 157’’), 160, Noncontrolling Interests in a. Topic 2.A is retitled. It previously Consolidated Financial Statements. provides guidance on fair value referred to the ‘‘purchase method,’’ measurements; Statement of Financial DATES: Effective Date: June 10, 2009. which is a term rendered obsolete by Accounting Standards No.154, FOR FURTHER INFORMATION CONTACT: Eric Statement 141(R). That accounting Accounting Changes and Error C. West, Associate Chief Accountant, method is now referred to as the Corrections, provides guidance on error Office of the Chief Accountant, at (202) ‘‘Acquisition Method.’’ correction and disclosure; and Item 303 551–5314, or Steven C. Jacobs, Associate b. Topic 2.A.5 is removed. This topic of Regulation S–K provides guidance on Chief Accountant, Division of provided guidance on assigning MD&A disclosures. Corporation Finance, at (202) 551–3403, acquisition cost to loans receivable g. Topic 2.D is amended to remove the Securities and Exchange Commission, acquired in a business combination. In guidance on determining the basis of 100 F Street, NE., Washington, DC a business combination, Statement properties in ‘‘exchange offers’’ (also 20549. 141(R) requires an entity to measure referred to as ‘‘roll-ups’’ or ‘‘put- acquired receivables, including loans, at SUPPLEMENTARY INFORMATION: The togethers’’). This guidance is no longer statements in staff accounting bulletins their acquisition-date fair value. necessary since Statement 141(R) are not rules or interpretations of the Paragraph A57 of Statement 141(R) provides measurement guidance for Commission, nor are they published as provides new guidance that precludes business combinations. an acquirer from recognizing a separate bearing the Commission’s official 2. Topic 5: Miscellaneous Accounting approval. They represent interpretations valuation allowance as of the a. Topic 5.E is amended to reflect the and practices followed by the Division acquisition date for assets acquired in a issuance of FASB Interpretation No. 45, of Corporation Finance and the Office of business combination that are measured Guarantor’s Accounting and Disclosure the Chief Accountant in administering at their acquisition-date fair values Requirements for Guarantees, Including the disclosure requirements of the because the effects of uncertainty about Indirect Guarantees of Indebtedness of Federal securities laws. future cash flows are included in the fair value measure. Others (‘‘FIN 45’’), Statement 157, and June 4, 2009. c. Topic 2.A.6 is amended to conform Statement 160. Topic 5.E (as modified) Elizabeth M. Murphy, to the requirement in paragraph 59 of expresses the views of the staff Secretary. Statement 141(R) that acquisition- regarding the accounting for the related costs be accounted for as divestiture of a subsidiary or other List of Subjects in 17 CFR Part 211 expenses in the period in which the business operation. Accounting, Reporting and costs are incurred and services are b. Topic 5.H is removed. This topic recordkeeping requirements, Securities. received, except for costs incurred to provided guidance on the accounting for issue debt or equity securities which are the direct sale of unissued shares by a PART 211—[AMENDED] recognized in accordance with other consolidated subsidiary that resulted in applicable generally accepted a decrease in the parent’s ownership ■ Accordingly, Part 211 of Title 17 of accounting principles (‘‘GAAP’’). percentage without resulting in the Code of Federal Regulations is d. Topic 2.A.7 is removed. This topic deconsolidation of the subsidiary. amended by adding Staff Accounting provided guidance on how an acquirer Under this guidance, when an offering

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takes the form of a subsidiary’s direct transaction, Company A has retained an Increasing Rate Debt, should be sale of its unissued shares, the parent investment banker to provide advisory followed.1 could adopt an accounting policy services in structuring the acquisition 7. Removed by SAB 112 whereby the amount in excess of the and to provide the necessary financing. parent’s carrying value received may be It is expected that the acquisition will 8. Business Combinations Prior to an reflected as a gain in the parent’s be financed on an interim basis using Initial Public Offering consolidated financial statements. ‘‘bridge financing’’ provided by the Facts: Two or more businesses Paragraphs 32 and 33 of Accounting investment banker. Permanent financing combine in a single combination just Research Bulletin (‘‘ARB’’) 51, as will be arranged at a later date through prior to or contemporaneously with an amended by Statement 160, provide a debt offering, which will be initial public offering. new guidance on the accounting for a underwritten by the investment banker. Question: Does the guidance in SAB change in a parent’s ownership interest Fees will be paid to the investment Topic 5.G apply to business when the parent retains its controlling banker for the advisory services, the combinations entered into just prior to financial interest. That guidance bridge financing, and the underwriting or contemporaneously with an initial requires that changes in a parent’s of the permanent financing. These public offering? ownership interest that do not result in services may be billed separately or as Interpretive Response: No. The deconsolidation shall be accounted for a single amount. guidance in SAB Topic 5.G is intended as equity transactions. Therefore, no Question 1: Should total fees paid to to address the transfer, just prior to or gain or loss shall be recognized on the the investment banker for acquisition- contemporaneously with an initial direct sale of unissued shares by a related services and the issuance of debt public offering, of nonmonetary assets consolidated subsidiary if the parent securities be allocated between the in exchange for a company’s stock. The does not deconsolidate the subsidiary. services received? guidance in SAB Topic 5.G is not c. Topic 5.J is amended, in response Interpretive Response: Yes. Fees paid intended to modify the requirements of to Statement 160, to clarify the basis of to an investment banker in connection Statement 141(R). Accordingly, the staff accounting for purchased assets and with a business combination or asset believes that the combination of two or liabilities that should be used to acquisition, when the investment more businesses should be accounted establish a new accounting basis when banker is also providing interim for in accordance with Statement a substantially wholly-owned subsidiary financing or underwriting services, must 141(R). presents separate financial statements. be allocated between acquisition related 9. Removed by SAB 112 d. Topic 5.U is removed. This topic services and debt issue costs. provided guidance on the recognition of When an investment banker provides * * * * * gains in certain exchanges in which the services in connection with a business D. Financial Statements of Oil and Gas seller received non-cash proceeds, such combination or asset acquisition and Exchange Offers as securities issued by the buyer, as also provides underwriting services Facts: The oil and gas industry has consideration for the assets transferred. associated with the issuance of debt or experienced periods of time where there This guidance is no longer necessary equity securities, the total fees incurred have been a significant number of due to the issuance of FIN 45, Statement by an entity should be allocated ‘‘exchange offers’’ (also referred to as 157, and Statement 160. between the services received on a ‘‘roll-ups’’ or ‘‘put-togethers’’) to form a relative fair value basis. The objective of 3. Topic 6: Interpretations of publicly held company, take an existing the allocation is to ascribe the total fees Accounting Series Releases and private company public, or increase the incurred to the actual services provided Financial Reporting Releases size of an existing publicly held by the investment banker. company. An exchange offer transaction Topic 6.G.1.a and 2.a is amended to Statement 141(R) provides guidance involves a swap of shares in a conform terminology to the Technical for the portion of the costs that corporation for interests in properties, Amendments to Rules, Forms, represent acquisition-related services. typically limited partnership interests. Schedules and Codification of Financial The portion of the costs pertaining to Such interests could include direct Reporting Policies [Release Nos. 33– the issuance of debt or equity securities interests such as working interests and 9026; 34–59775; FR–79 (April 15, 2009)] should be accounted for in accordance royalties related to developed or that the Commission adopted to with other applicable GAAP. undeveloped properties and indirect conform to Statement 141(R) and Question 2: May the debt issue costs interests such as limited partnership Statement 160. of the interim ‘‘bridge financing’’ be interests or shares of existing oil and gas Accordingly, the staff hereby amends amortized over the anticipated companies. Generally, such transactions the Staff Accounting Bulletin Series as combined life of the bridge and are structured to be tax-free to the follows: permanent financings? individual or entity trading the property Note: The text of SAB 112 will not appear Interpretive Response: No. Debt issue interest for shares of the corporation. in the Code of Federal Regulations. costs should be amortized by the Under certain circumstances, however, interest method over the life of the debt part or all of the transaction may be Topic 2: Business Combinations to which they relate. Debt issue costs taxable. For purposes of the discussion related to the bridge financing should be A. Acquisition Method in this Topic, in each of these situations, recognized as interest cost during the the entity (or entities) or property (or * * * * * estimated interim period preceding the properties) are deemed to constitute a 5. Removed by SAB 112 placement of the permanent financing business. with any unamortized amounts charged 6. Debt Issue Costs to expense if the bridge loan is repaid 1 As noted in the ‘‘Status’’ section of the Abstract Facts: Company A is to acquire the prior to the expiration of the estimated to Issue 86–15, the term-extending provisions of the period. Where the bridged financing debt instrument should be analyzed to determine net assets of Company B in a transaction whether they constitute an embedded derivative to be accounted for as a business consists of increasing rate debt, the requiring separate accounting in accordance with combination. In connection with the consensus reached in EITF Issue 86–15, Statement 133 (as amended).

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One financial reporting issue in Interpretive Response: Yes. The full amortization provisions may be exchange transactions involves deciding cost ceiling limitation on costs aggregated, with appropriate disclosure. which prior financial results of the capitalized does apply. However, as (4) Reflect the acquisition in the pro entities should be reported. discussed under Topic 12.D.3, the forma statements where the exchange Question 1: In Form 10–K filings with Commission has stated that in unusual offer is accounted for using the the Commission, the staff has permitted circumstances, registrants may request acquisition method of accounting, limited partnerships to omit certain of an exemption if as a result of a major including depreciation, depletion and the oil and gas reserve value purchase, a write-down would be amortization based on the measurement information and the supplemental required even though it can be guidance in Statement 141(R). summary of oil and gas activities demonstrated that the fair value of the (5) Provide pro forma reserve disclosures required by Statement 69 in properties clearly exceeds the information comparable to the some circumstances. Is it permissible to unamortized costs. disclosures required by paragraphs 10 omit these disclosures from the Question 3: How should ‘‘common through 17 and 30 through 34 of SFAS financial statements included in an control accounting’’ be applied to the 69. exchange offering? specific assets and liabilities of the new (6) Reflect significant changes, if any, Interpretive Response: No. Normally exchange company? in levels of operations (revenues or full disclosures of reserve data and Interpretive Response: Consistent costs), or in income tax status and to related information are required. The with SAB Topic 12.C.2, under ‘‘common reflect debt incurred in connection with exemptions previously allowed relate control accounting’’ the various the transaction. In addition, the depreciation, only to partnerships where value- accounting methods followed by the depletion and amortization rate which oriented data are otherwise available to offeree entities should be conformed to will apply for the initial period the limited partners pursuant to the the methods adopted by the new partnership agreement. The staff has subsequent to consummation of the exchange company. It is not appropriate previously stated that it will require all exchange offer should be disclosed. to combine assets and liabilities of the required disclosures for Question 5: Are there conditions accounted for on different bases. partnerships which are the subject of under which the presentation of other Accordingly, all of the oil and gas exchange offers.13 These disclosures than full historical financial statements properties of the new entity must be may, however, be presented on a would be acceptable? accounted for on the same basis (either combined basis if the entities are under Interpretive Response: Generally, full full cost or successful efforts) applied common control. historical financial statements as The staff believes that the financial retrospectively. specified in Rules 3–01 and 3–02 of statements in an exchange offer Question 4: What pro forma financial Regulation S–X are considered registration statement should provide information is required in an exchange necessary to enable offerees and sufficient historical reserve quantity and offer filing? secondary market investors to evaluate value-based disclosures to enable Interpretive Response: The the transaction. Where securities are offerees and secondary market public requirements for pro forma financial being registered to offer to the security investors to evaluate the effect of the information in exchange offer filings are holders (including limited partners and exchange proposal. Accordingly, in all the same as in any other filings with the other ownership interests) of the cases, it will be necessary to present Commission and are detailed in Article businesses to be acquired, such 14 information as of the latest year-end on 11 of Regulation S–X. Rule 11–02(b) financial statements are normally reserve quantities and the future net specifies the presentation requirements, required pursuant to Rule 3–05 of revenues associated with such including periods presented and types Regulation S–X, either individually for quantities. In certain circumstances, of adjustments to be made. The general each entity or, where appropriate, where the exchange is accounted for criteria of Rule 11–02(b)(6) are that pro separately for the offeror and on a using the acquisition method of forma adjustments should give effect to combined basis for other entities, accounting, the staff will consider, on a events that are (i) directly attributable to generally excluding corporations. case-by-case basis, granting exemptions the transaction, (ii) expected to have a However, certain exceptions may apply from (i) the disclosure requirements for continuing impact on the registrant, and as explained in the outline below: year-to-year reconciliations of reserve (iii) factually supportable. In the case of quantities, and (ii) the requirements for an exchange offer, such adjustments A. Acquisition Method Accounting a summary of oil and gas producing typically are made to: 1. If the registrant can demonstrate activities and a summary of changes in (1) Show varying levels of acceptance that full historical financial statements the net present value of reserves. For of the offer. of the offeree businesses are not instance, the staff may consider requests (2) Conform the accounting methods reasonably available, the staff may for exemptions in cases where the used in the historical financial permit presentation of audited properties acquired in the exchange statements to those to be applied by the Statements of Combined Gross transaction are fully explored and new entity. Revenues and Direct Lease Operating developed, particularly if the (3) Recompute the depreciation, Expenses for all years for which an management of the emerging company depletion and amortization charges, in income statement would otherwise be has not been involved in the exploration cases where the new entity will use full- required. In these circumstances, the and development of such properties. cost accounting, on a combined basis. If registrant should also disclose in an Question 2: If the exchange company this computation is not practicable, and unaudited footnote the amounts of total will use the full cost method of the exchange offer is accounted for as a exploration and development costs, and accounting, does the full cost ceiling transaction among entities under general and administrative expenses limitation apply as of the date of the common control, historical along with the reasons why presentation financial statements reflecting the depreciation, depletion and of full historical financial statements is exchange? not practicable. 14 As announced in Financial Reporting Release 2. The staff will consider requests to 13 See SAB 40, Topic 12.A.3.c. No. 2 (July 9, 1982). waive the requirement for prior year

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financial statements of the offerees and operations and substantial financial than substantially all of the common instead allow presentation of only the independence from Company X. stock of Company B or Company B had latest fiscal year and interim period, if Question: If deconsolidation of the publicly held debt or preferred stock at the registrant can demonstrate that the subsidiaries and business operations is the time Company B became wholly prior years’ data would not be appropriate, can Company X recognize owned? meaningful because the offerees had no a gain? Interpretive Response: The staff material quantity of production. Interpretive Response: Before recognizes that the existence of recognizing any gain, Company X outstanding public debt, preferred stock B. Common Control Accounting should identify all of the elements of the or a significant noncontrolling interest The staff would expect that the full divesture arrangement and allocate the in a subsidiary might impact the historical financial statements as consideration exchanged to each of parent’s ability to control the form of specified in Rules 3–01 and 3–02 of those elements. In this regard, we ownership. Although encouraging its Regulation S–X would be included in believe that Company X would use, the staff generally does not insist on the registration statement for exchange recognize the guarantees at fair value in the application of push down offers accounted for as transactions accordance with FIN 45, Guarantor’s accounting in these circumstances. among entities under common control, Accounting and Disclosure Question 3: Company A borrows including all required supplemental Requirements for Guarantees, Including funds to acquire substantially all of the reserve information. The presentation of Indirect Guarantees of the Indebtedness common stock of Company B. Company individual or combined financial of Others; the contingent liability for B subsequently files a registration statements would depend on the performance on existing contracts in statement in connection with a public circumstances of the particular accordance with Statement 5, offering of its stock or debt.6 Should exchange offer. Accounting for Contingencies; and the Company B’s new basis (‘‘push down’’) Registrants are also reminded that promissory notes in accordance with financial statements include Company wherever historical results are APB 21, Interest on Receivables and A’s debt related to its purchase of presented, it may be appropriate to Payables, and Statements 114, Company B? explain the reasons why historical costs Accounting by Creditors for Impairment Interpretive Response: The staff are not necessarily indicative of future of a Loan, and 118, Accounting by believes that Company A’s debt,7 related expenditures. Creditors for Impairment of a Loan— interest expense, and allocable debt * * * * * Income Recognition and Disclosures. issue costs should be reflected in * * * * * Company B’s financial statements Topic 5: Miscellaneous Accounting included in the public offering (or an * * * * * H. Removed by SAB 112 initial registration under the Exchange Act) if: (1) Company B is to assume the E. Accounting for Divestiture of a * * * * * debt of Company A, either presently or Subsidiary or Other Business Operation J. New Basis of Accounting Required in in a planned transaction in the future; Facts: Company X transferred certain Certain Circumstances (2) the proceeds of a debt or equity operations (including several Facts: Company A (or Company A offering of Company B will be used to subsidiaries) to a group of former and related persons) acquired retire all or a part of Company A’s debt; employees who had been responsible substantially all of the common stock of or (3) Company B guarantees or pledges for managing those operations. Assets Company B in one or a series of its assets as collateral for Company A’s and liabilities with a net book value of purchase transactions. debt. Other relationships may exist approximately $8 million were Question 1: Must Company B’s between Company A and Company B, transferred to a newly formed entity— financial statements presented in either such as the pledge of Company B’s stock Company Y—wholly owned by the its own or Company A’s subsequent as collateral for Company A’s debt.8 former employees. The consideration filings with the Commission reflect the While in this latter situation, it may be received consisted of $1,000 in cash and new basis of accounting arising from clear that Company B’s cash flows will interest bearing promissory notes for Company A’s acquisition of Company B service all or part of Company A’s debt, $10 million, payable in equal annual when Company B’s separate corporate the staff does not insist that the debt be installments of $1 million each, plus entity is retained? reflected in Company B’s financial interest, beginning two years from the Interpretive Response: Yes. The staff statements providing there is full and date of the transaction. The former believes that purchase transactions that prominent disclosure of the relationship employees possessed insufficient assets result in an entity becoming between Companies A and B and the to pay the notes and Company X substantially wholly owned (as defined actual or potential cash flow expected the funds for payments to in Rule 1–02(aa) of Regulation S–X) commitment. In this regard, the staff come exclusively from future operations establish a new basis of accounting for of the transferred business. Company X the purchased assets and liabilities. 6 The guidance in this SAB should also be remained contingently liable for When the form of ownership is within considered for Company B’s separate financial statements included in its public offering following performance on existing contracts the control of the parent, the basis of Company B’s spin-off or carve-out from Company transferred and agreed to guarantee, at accounting for purchased assets and A. its discretion, performance on future liabilities should be the same regardless 7 The guidance in this SAB should also be contracts entered into by the newly of whether the entity continues to exist considered where Company A has financed the formed entity. Company X also acted as or is merged into the parent’s acquisition of Company B through the issuance of mandatory redeemable preferred stock. guarantor under a line of credit operations. Therefore, Company B’s 8 The staff does not believe Company B’s financial established by Company Y. separate financial statements should statements must reflect the debt in this situation The nature of Company Y’s business reflect the new basis of accounting because in the event of default on the debt by was such that Company X’s guarantees recorded by Company A upon Company A, the debt holder(s) would only be entitled to Company B’s stock held by Company A. were considered a necessary predicate acquisition (i.e., ‘‘pushed down’’ basis). Other equity or debt holders of Company B would to obtaining future contracts until such Question 2: What is the staff’s retain their priority with respect to the net assets time as Company Y achieved profitable position if Company A acquired less of Company B.

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believes that Statements 5 and 57 as G. Accounting Series Releases 177 and period of the preceding fiscal year, the well as Interpretation 45 require 286—Relating to Amendments to Form caption may be combined with others. sufficient disclosure to allow users of 10–Q, Regulation S–K, and Regulations Similarly, the statement of cash flows Company B’s financial statements to S–X Regarding Interim Financial may be abbreviated, starting with a fully understand the impact of the Reporting. single figure of cash flows provided by relationship on Company B’s present * * * * * operations and showing other changes and future cash flows. Rule 4–08(e) of individually only when they exceed Regulation S–X also requires disclosure 1. Selected Quarterly Financial Data 10% of the average of cash flows of restrictions which limit the payment (Item 302(a) of Regulation S–K) provided by operations for the most of dividends. a. Disclosure of Selected Quarterly recent three years. Therefore, the staff believes that the Financial Data Question 1: If a company previously equity section of Company B’s balance Facts: Item 302(a)(1) of Regulation S– combined captions in a Form 10–Q but sheet and any pro forma financial K requires disclosure of net sales, gross is required to present such captions information and capitalization tables profit, income before extraordinary separately in the Form 10–Q for the should clearly disclose that this items and cumulative effect of a change current quarter, must it retroactively arrangement exists.9 Regardless of in accounting, per share data based reclassify amounts included in the whether the debt is reflected in upon such income (loss), net income prior-year financial statements Company B’s financial statements, the (loss), and net income (loss) attributable presented for comparative purposes to notes to Company B’s financial to the registrant for each full quarter conform with the captions presented for statements should generally disclose, at within the two most recent fiscal years the current-year quarter? a minimum: (1) The relationship and any subsequent interim period for between Company A and Company B; which financial statements are Interpretive Response: Yes. (2) a description of any arrangements included. Item 302(a)(3) requires the Question 2: If a company uses the that result in Company B’s guarantee, registrant to describe the effect of any gross profit method or some other pledge of assets 10 or stock, etc. that disposals of components of an entity 11 method to determine cost of goods sold provides security for Company A’s debt; and extraordinary, unusual or for interim periods, will it be acceptable (3) the extent (in the aggregate and for infrequently occurring items recognized to state only that it is not practicable to each of the five years subsequent to the in each quarter, as well as the aggregate determine components of inventory at date of the latest balance sheet effect and the nature of year-end or interim periods? presented) to which Company A is other adjustments which are material to the results of that quarter. Furthermore, Interpretive Response: The staff dependent on Company B’s cash flows believes disclosure of inventory to service its debt and the method by Item 302(a)(2) requires a reconciliation of amounts previously reported on Form components is important to investors. In which this will occur; and (4) the reaching this decision, the staff impact of such cash flows on Company 10–Q to the quarterly data presented if the amounts differ. recognizes that registrants may not take B’s ability to pay dividends or other inventories during interim periods and * * * * * amounts to holders of its securities. that managements, therefore, will have Additionally, the staff believes 2. Amendments to Form 10–Q to estimate the inventory components. Company B’s Management’s Discussion However, the staff believes that and Analysis of Financial Condition and a. Form of Condensed Financial management will be able to make Results of Operations should discuss Statements reasonable estimates of inventory any material impact of its servicing of Facts: Rules 10–01(a)(2) and (3) of components based upon their Company A’s debt on its own liquidity Regulation S–X provide that interim knowledge of the company’s production pursuant to Item 303(a)(1) of Regulation balance sheets and statements of income cycle, the costs (labor and overhead) S–K. shall include only major captions (i.e., associated with this cycle as well as the numbered captions) set forth in * * * * * relative sales and purchasing volume of Regulation S–X, with the exception of the company. U. Removed by SAB 112 inventories where data as to raw * * * * * materials, work in process and finished Question 3: If a company has years goods shall be included, if applicable, during which operations resulted in a Topic 6: Interpretations of Accounting either on the face of the balance sheet net outflow of cash and cash Series Releases and Financial or in notes thereto. Where any major equivalents, should it exclude such Reporting Releases balance sheet caption is less than 10% years from the computation of cash and * * * * * of total assets and the amount in the cash equivalents provided by operations caption has not increased or decreased for the three most recent years in by more than 25% since the end of the determining what sources and 9 For example, the staff has noted that certain registrants have indicated on the face of such preceding fiscal year, the caption may applications must be shown separately? financial statements (as part of the stockholder’s be combined with others. When any Interpretive Response: Yes. Similar to equity section) the actual or potential financing major income statement caption is less the determination of average net arrangement and the registrant’s intent to pay than 15% of average net income dividends to satisfy its parent’s debt service income, if operations resulted in a net requirements. The staff believes such disclosures attributable to the registrant for the most outflow of cash and cash equivalents are useful to highlight the existence of arrangements recent three fiscal years and the amount during any year, such amount should be that could result in the use of Company B’s cash in the caption has not increased or excluded in making the computation of to service Company A’s debt. decreased by more than 20% as 10 cash flow provided by operations for the A material asset pledge should be clearly compared to the corresponding interim indicated on the face of the balance sheet. For three most recent years unless example, if all or substantially all of the assets are operations resulted in a net outflow of pledged, the ‘‘assets’’ and ‘‘total assets’’ captions 11 See question 5 for a discussion of the meaning should include parenthetically: ‘‘pledged for parent of components of an entity as used in Item cash and cash equivalents in all three company debt—See Note X.’’ 302(a)(2). years, in which case the average of the

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net outflow of cash and cash equivalents 0005 for this rulemaking. In general, payments, the change does not should be used for the test. comments will be published on adversely affect the rights of the public. * * * * * Regulations.gov without change, Under 5 U.S.C. 553(b) and (d)(3), good including any business or personal cause exists to determine that notice [FR Doc. E9–13511 Filed 6–9–09; 8:45 am] information provided. Comments and comment rulemaking is BILLING CODE 8010–01–P received, including attachments and unnecessary and contrary to the public other supporting materials, are part of interest. The amendments made by this the public record and subject to public rule regarding the offset of tax refund DEPARTMENT OF THE TREASURY disclosure. Do not enclose any payments are required due to information in your comment or amendments enacted into law. The Fiscal Service supporting materials that you consider amendments made by this rule confidential or inappropriate for public regarding the offset of nontax payments 31 CFR Part 285 disclosure. mirror those statutory amendments and RIN 1510–AB22 You may also inspect and copy this are necessary to achieve consistency in rule at: Treasury Department Library, how non-judicial offsets are conducted. Disbursing Official Offset Freedom of Information Act (FOIA) These changes relate to procedures Collection, Room 1428, Main Treasury between and among agencies that are AGENCY: Financial Management Service, Building, 1500 Pennsylvania Avenue, owed delinquent debt; therefore, public Fiscal Service, Treasury. NW., Washington, DC 20220. Before comment is not necessary. Further delay ACTION: Interim final rule. visiting, you must call (202) 622–0990 in making these amendments is contrary SUMMARY: The Department of the for an appointment. to the public interest because it would Treasury, Financial Management FOR FURTHER INFORMATION CONTACT: create an inconsistency both between Service, is amending its regulations Thomas Dungan, Policy Analyst, at the law and the regulations and between governing the offset of Federal payments (202) 874–6660 or Tricia Long, Senior the regulations themselves, and would to collect nontax debts owed to the Attorney, at (202) 874–6680. cause confusion. United States and States through the SUPPLEMENTARY INFORMATION: Request for Comment on Plain Language Treasury Offset Program. This I. Background Executive Order 12866 requires each amendment changes the priorities for agency in the Executive branch to write collecting debt when a debtor owes The Deficit Reduction Act of 2005 regulations that are simple and easy to more than one debt which has been (Pub. L. 109–171) amended section 6402 understand. We invite comment on how referred to the Treasury Offset Program of the Internal Revenue Code (26 U.S.C. to make the proposed rule clearer. For for collection by offset, consistent with 6402) by changing the order of priority example, you may wish to discuss: (1) a change in the statute on which the for collecting debt when a debtor owes Whether we have organized the material priority is based. The statutory change, more than one debt which is subject to to suit your needs; (2) whether the enacted as part of the Deficit Reduction collection by tax refund offset. Prior to requirements of the rules are clear; or (3) Act of 2005, amends the priority given this change, the order of priority was as whether there is something else we to the collection of certain past-due follows: (1) Past-due support debts could do to make these rules easier to support debts. which had been assigned to a State understand. DATES: This final rule is effective June under section 402(a)(26) or 471(a)(17) of 10, 2009. the Social Security Act; (2) nontax debt Regulatory Planning and Review owed to Federal agencies; (3) other past- ADDRESSES: The Financial Management The final rule does not meet the due support debts; and (4) other Service participates in the U.S. criteria for a ‘‘significant regulatory reductions allowed by law. Effective government’s eRulemaking Initiative by action’’ as defined in Executive Order October 1, 2008, the order of priority is: publishing rulemaking information on 12866. Therefore, the regulatory review (1) All past-due support debts; (2) www.regulations.gov. Regulations.gov procedures contained therein do not nontax debt owed to Federal agencies offers the public the ability to comment apply. and (3) other reductions allowed by law. on, search, and view publicly available The changes to this rule conform to Regulatory Flexibility Act Analysis rulemaking materials, including the statutory change by reordering the Because no notice of rulemaking is comments received on rules. order of priority for collecting debt Comments on this rule, identified by required, the provisions of the through the Treasury Offset Program. docket FISCAL–FMS–2008–0005, Regulatory Flexibility Act (5 U.S.C. et Although the statutory change is should only be submitted using the seq.) do not apply. directed to the offset of tax refund following methods: payments, the portions of this rule that List of Subjects in 31 CFR Part 285 • Federal eRulemaking Portal: govern offset of nontax payments are www.regulations.gov. Follow the Administrative practice and also being changed to conform to the instructions on the Web site for procedure, Child support, Child welfare, new priority order. This is necessary for submitting comments. Claims, Credits, Debts, Disability • Mail: Thomas Dungan, Policy operational consistency and to create benefits, Federal employees, Analyst, Financial Management Service, uniformity in how offsets are Garnishment of wages, Hearing and 401 14th Street, SW., Washington, DC conducted. appeal procedures, Loan programs, 20227. II. Procedural Analyses Privacy, Railroad retirement, Railroad The fax and e-mail methods of unemployment insurance, Salaries, submitting comments on rules to FMS Administrative Procedures Act Social Security benefits, Supplemental have been retired. This rule is being issued without prior Security Income (SSI), Taxes, Veteran’s Instructions: All submissions received public notice and comment as to tax benefits, Wages. must include the agency name refund payments, because the changes ■ For the reasons set forth in the (‘‘Financial Management Service’’) and to the rule are being made to conform preamble, we are amending 31 CFR part docket number FISCAL–FMS–2008– to statutory requirements. As to other 285 as follows:

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PART 285—DEBT COLLECTION § 285.5 Centralized offset of Federal DEPARTMENT OF THE TREASURY AUTHORITIES UNDER THE DEBT payments to collect nontax debts owed to COLLECTION IMPROVEMENT ACT OF the United States. Office of Foreign Assets Control 1996 * * * * * (f) * * * 31 CFR Part 538 ■ 1. The authority citation for part 285 (3) Priorities for collecting multiple continues to read as follows: debts owed by the payee. (i) A levy Sudanese Sanctions Regulations Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; pursuant to the Internal Revenue Code AGENCY: Office of Foreign Assets 31 U.S.C. 321, 3701, 3711, 3716, 3719, of 1986 shall take precedence over Control, Treasury. 3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. deductions under this section. ACTION: Final rule. 13019, 61 FR 51763, 3 CFR, 1996 Comp., p. (ii) When a payment may be offset to 216. collect more than one debt, amounts SUMMARY: The Office of Foreign Assets ■ 2. In § 285.1, revise paragraph (n) to offset will be applied: Control of the U.S. Department of the read as follows: (A) First, to satisfy any past-due Treasury (‘‘OFAC’’) is amending the support that that the State is collecting Sudanese Sanctions Regulations to § 285.1 Collection of past-due support by under section 464 of the Social Security expand the scope of an existing administrative offset. Act (see 285.1 and 285.3 of this part); authorization of certain imports for * * * * * (B) Second, to satisfy any debts owed diplomatic or official personnel to (n) Administrative offset priorities. (1) to Federal agencies, as described in this include the provision of goods or A levy pursuant to the Internal Revenue § 285.5; and services in the United States to the Code of 1986 shall take precedence over (C) Third, to any debts owed to States diplomatic missions of the Government deductions under this section. for debts other than past-due support of Sudan to the United States and the (2) Offsets will be applied first to past- (see §§ 285.6 and 285.8 of this part). United Nations, and to the employees of due support being enforced by the State such missions, subject to certain * * * * * before any other offsets under this part. conditions. The amended section also ■ * * * * * 6. In § 285.7, revise paragraph (h)(2) to authorizes the importation of goods or read as follows: services into the United States by the § 285.2 [Amended] regional Government of Southern Sudan § 285.7 Salary offset. ■ and its employees that involve the 3. Amend § 285.2 as follows: * * * * * ■ a. Remove paragraph (e); transit or transshipment of goods (h) * * * through areas of Sudan other than the ■ b. Redesignate paragraphs (f) through (2) When a salary payment may be Specified Areas of Sudan, subject to (l) as (e) through (k). reduced to collect more than one debt, certain conditions. ■ c. In newly redesignated paragraph amounts offset under this section will DATES: Effective Date: June 10, 2009. (e)(1)(ii), revise the reference to be applied to a debt only after amounts ‘‘paragraph (f)(1)(i)’’ to read ‘‘paragraph FOR FURTHER INFORMATION CONTACT: have been applied to satisfy past-due Assistant Director for Compliance (e)(1)(i)’’ and revise the reference to support debts being collected by the ‘‘paragraph (g)’’ to read ‘‘paragraph (f)’’; Outreach & Implementation, tel.: 202– State pursuant to Section 464 of the 622–2490, Assistant Director for and Social Security Act. ■ d. In newly redesignated paragraph Licensing, tel.: 202–622–2480, Assistant * * * * * (g), revise the reference to ‘‘paragraph Director for Policy, tel.: 202–622–4855, (i)’’ to read ‘‘paragraph (h)’’. ■ 7. In § 285.8, revise paragraph (d)(1) to Office of Foreign Assets Control, or Chief Counsel (Foreign Assets Control), ■ 4. In § 285.3, revise paragraph (d)(1) to read as follows: tel.: 202–622–2410, Office of the read as follows: § 285.8 Offset of tax refund payments to General Counsel, Department of the collect state income tax obligations. § 285.3 Offset of tax refund payments to Treasury (not toll free numbers). collect past-due support. * * * * * SUPPLEMENTARY INFORMATION: * * * * * (d) * * * Electronic and Facsimile Availability (d) Priorities for offset. (1) As (1) As provided in 26 U.S.C. 6402, a provided in 26 U.S.C. 6402, a tax refund tax refund payment shall be reduced This document and additional payment shall be reduced in the first by the amount of any past-due information concerning OFAC are following order of priority: support being enforced under section available from OFAC’s Web site (i) First, by the amount of any past- 464 of the Social Security Act which is (http://www.treas.gov/ofac) or via due support which is to be offset under to be offset under 26 U.S.C. 6402(c); facsimile through a 24-hour fax-on 26 U.S.C. 6402(c) and 42 U.S.C. 464; second by the amount of any past-due, demand service, tel.: (202) 622–0077. legally enforceable debt owed to a (ii) Second, by the amount of any Background past-due, legally enforceable debt owed Federal agency which is to be offset The Sudanese Sanctions Regulations, to a Federal agency which is to be offset under 26 U.S.C. 6402(d); and third by 31 CFR part 538 (the ‘‘SSR’’), were under 26 U.S.C. 6402(d), 31 U.S.C. any past-due, legally enforceable debt promulgated to implement Executive 3720A and § 285.2 of this part; and owed to a State (other than past-due support) which is to be offset under 26 Order 13067 of November 3, 1997 (‘‘E.O. (iii) Third, by the amount of any past- U.S.C. 6402(e) or 26 U.S.C. 6402(f). 13067’’), in which the President due, legally enforceable debt owed to * * * * * declared a national emergency with States (other than past-due support) respect to the policies and actions of the which is to be offset under 26 U.S.C. Dated: May 29, 2009. Government of Sudan. To deal with that 6402(e) or 26 U.S.C. 6402(f). Gary Grippo, emergency, E.O. 13067 imposed * * * * * Acting Fiscal Assistant Secretary. comprehensive trade sanctions with ■ 5. In § 285.5, revise paragraph (f)(3) to [FR Doc. E9–13613 Filed 6–9–09; 8:45 am] respect to Sudan and blocked all read as follows: BILLING CODE 4810–35–P property and interests in property of the

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Government of Sudan in the United obtain specific licenses to operate proposed rulemaking is required for this States or within the possession or accounts for, or extend credit to, the rule, the Regulatory Flexibility Act (5 control of United States persons. On diplomatic missions of the Government U.S.C. 601–612) does not apply. October 13, 2006, the President issued of Sudan to the United States and the Paperwork Reduction Act Executive Order 13412 (‘‘E.O. 13412’’), United Nations. to take additional steps with respect to Paragraph (b) of the revised section The collections of information related the emergency declared in E.O. 13067, 538.515 authorizes the importation of to the SSR are contained in 31 CFR part and to implement the Darfur Peace and goods or services into the United States 501 (the ‘‘Reporting, Procedures and Accountability Act of 2006 (Pub. L. by, and the provision of goods or Penalties Regulations’’). Pursuant to the 109–344, 120 Stat. 1869). While it services in the United States to, the Paperwork Reduction Act of 1995 (44 exempted specified areas of Sudan from employees of the diplomatic missions of U.S.C. 3507), those collections of certain prohibitions in E.O. 13067, E.O. the Government of Sudan to the United information have been approved by the 13412 continued the blocking of the States and the United Nations, subject to Office of Management and Budget under Government of Sudan’s property and two conditions: (1) The goods or control number 1505–0164. An agency interests in property and imposed a services must be for personal use of the may not conduct or sponsor, and a country-wide prohibition on employees of the missions, and not for person is not required to respond to, a transactions relating to Sudan’s resale; and (2) such transactions are not collection of information unless the petroleum or petrochemical industries. otherwise prohibited by law. collection of information displays a E.O. 13412 also removed the regional Paragraph (c) of the revised section valid control number. Government of Southern Sudan from 538.515 authorizes the importation of the definition of the Government of goods or services into the United States List of Subjects in 31 CFR Part 538 Sudan. On October 31, 2007, the SSR by the regional Government of Southern Administrative practice and were amended to implement E.O. 13412 Sudan and its employees that involve procedure, Banks, Banking, Blocking of (72 FR 61513, October 31, 2007). the transit or transshipment of goods Today, OFAC is amending section from the Specified Areas of Sudan assets, Exports, Foreign trade, 538.515 of the SSR. Before its through areas of Sudan other than the Humanitarian aid, Imports, Penalties, amendment, section 538.515 authorized Specified Areas of Sudan, subject to two Reporting and recordkeeping all transactions ordinarily incident to conditions: (1) The goods or services requirements, Specially designated the importation of any goods or services must be for the conduct of the business nationals, Sudan, Terrorism, into the United States destined for of the regional Government, or for Transportation. official or personal use by the personal use of the employees of the ■ For the reasons set forth in the diplomatic missions of the Government regional Government, and not for resale; preamble, the Office of Foreign Assets of Sudan to the United States and to and (2) such transactions are not Control amends 31 CFR part 538 as international organizations located in otherwise prohibited by law. A note to follows: the United States, subject to certain paragraph (c) of revised section 538.515 conditions. OFAC is amending this explains that the authorization PART 538—SUDANESE SANCTIONS section to expand the scope of the contained in this paragraph permits the REGULATIONS authorization to include the provision of regional Government of Southern Sudan goods or services in the United States to and its employees to import into the ■ 1. The authority citation for part 538 the diplomatic missions of the United States goods or services that continues to read as follows: Government of Sudan to the United have transited or transshipped through areas of Sudan other than the Specified Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, States and the United Nations, and to 2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601– the employees of the diplomatic Areas of Sudan without the need to 1651, 1701–1706; Pub. L. 101–410, 104 Stat. missions of the Government of Sudan to obtain a specific license under 890 (28 U.S.C. 2461 note); Pub. L. 106–387, the United States and the United § 538.417. The importation of goods and 114 Stat. 1549; Pub. L. 109–344, 120 Stat. Nations, subject to certain conditions. services into the United States by the 1869; Pub. L. 110–96, 121 Stat. 1011; E.O. Paragraph (a) of the revised section regional Government of Southern Sudan 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 538.515 authorizes the importation of not involving the transit or 230; E.O. 13412, 71 FR 61369, 3 CFR, 2006 goods or services into the United States transshipment through areas of Sudan Comp., p. 244. by, and the provision of goods or other than the Specified Areas of Sudan services in the United States to, the is already exempt under §§ 538.212(g) Subpart E—Licenses, Authorizations, diplomatic missions of the Government and 538.305(b) and, therefore, requires and Statements of Licensing Policy of Sudan to the United States and the no authorization. Similarly, the ■ United Nations, subject to four provision of goods and services in the 2. Revise § 538.515 to read as follows: conditions: (1) The goods or services United States to the regional § 538.515 Sudanese diplomatic missions must be for the conduct of the official Government of Southern Sudan and its in the United States. business of the missions, or for personal employees already is exempt pursuant use of the employees of the missions, to §§ 538.212(g) and 538.305(b) and also (a) The importation of goods or and not for resale; (2) such transactions requires no authorization. services into the United States by, and must not involve the purchase, sale, the provision of goods or services in the financing, or refinancing of real Public Participation United States to, the diplomatic property; (3) such transactions are not Because the amendment of the SSR missions of the Government of Sudan to otherwise prohibited by law; and (4) all involves a foreign affairs function, the the United States and the United such transactions must be conducted provisions of Executive Order 12866 Nations are authorized, provided that: through an account at a U.S. financial and the Administrative Procedure Act (5 (1) The goods or services are for the institution specifically licensed by U.S.C. 553) requiring notice of proposed conduct of the official business of the OFAC. A note to paragraph (a)(4) of the rulemaking, opportunity for public missions, or for personal use of the revised section 538.515 states that U.S. participation, and delay in effective date employees of the missions, and are not financial institutions are required to are inapplicable. Because no notice of for resale;

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(2) The transaction does not involve Dated: June 3, 2009. SUPPLEMENTARY INFORMATION: the purchase, sale, financing, or Adam J. Szubin, Table of Contents for Preamble refinancing of real property; Director, Office of Foreign Assets Control. I. Regulatory History (3) The transaction is not otherwise [FR Doc. E9–13523 Filed 6–9–09; 8:45 am] II. Background prohibited by law; and BILLING CODE 4811–45–P III. Discussion of Rule (4) The transaction is conducted IV. Regulatory Analyses A. Regulatory Planning and Review through an account at a U.S. financial DEPARTMENT OF HOMELAND B. Small Entities institution specifically licensed by C. Assistance for Small Entities OFAC. SECURITY D. Collection of Information E. Federalism Note to paragraph (a)(4) of § 538.515: U.S. Coast Guard financial institutions are required to obtain F. Unfunded Mandates Reform Act specific licenses to operate accounts for, or G. Taking of Private Property 33 CFR Parts 1, 25, 66, 70, 72, 100, 110, H. Civil Justice Reform extend credit to, the diplomatic missions of 133, 135, 136, 137, 138, 155, 157, 161, I. Protection of Children the Government of Sudan to the United 165, and 169 J. Indian Tribal Governments States and the United Nations. K. Energy Effects [Docket No. USCG–2009–0416] (b) The importation of goods or L. Technical Standards M. Environment services into the United States by, and RIN 1625–ZA23 the provision of goods or services in the I. Regulatory History Navigation and Navigable Waters; United States to, the employees of the We did not publish a notice of diplomatic missions of the Government Technical, Organizational and Conforming Amendments proposed rulemaking (NPRM) for this of Sudan to the United States and the regulation. Under both 5 U.S.C. United Nations are authorized, provided AGENCY: Coast Guard, DHS. 553(b)(A) and (b)(B), the Coast Guard that: ACTION: Final rule. finds this rule is exempt from notice (1) The goods or services are for and comment rulemaking requirements personal use of the employees of the SUMMARY: This rule makes non- because these changes involve agency missions, and are not for resale; and substantive changes throughout Title 33 organization and practices. In addition, of the Code of Federal Regulations. The (2) The transaction is not otherwise good cause exists for not publishing an purpose of this rule is to make prohibited by law. NPRM for all revisions in the rule conforming amendments and technical because they are all non-substantive (c) The importation of goods or corrections to Coast Guard navigation changes. This rule consists only of services into the United States by the and navigable water regulations. This corrections and editorial, organizational, regional Government of Southern Sudan rule will have no substantive effect on and conforming amendments. These and its employees that involves the the regulated public. These changes are changes will have no substantive effect transit or transshipment of goods from provided to coincide with the annual on the public; therefore, it is the Specified Areas of Sudan through recodification of Title 33 in July. unnecessary to publish an NPRM. areas of Sudan other than the Specified DATES: This final rule is effective June Under 5 U.S.C. 553(d)(3), the Coast Areas of Sudan is authorized, provided 10, 2009. Guard finds that, for the same reasons, that: ADDRESSES: Comments and material good cause exists for making this rule (1) The goods or services are for the received from the public, as well as the effective upon publication in the conduct of the business of the regional documents mentioned in this preamble Federal Register. Government, or for personal use of the as being available in the docket, are part II. Background employees of the regional Government, of docket USCG–2009–0146 and are Each year the printed edition of Title and are not for resale; and available for inspection or copying at 33 of the Code of Federal Regulations is (2) The transaction is not otherwise the Docket Management Facility (M–30), recodified on July 1. This rule, which prohibited by law. U.S. Department of Transportation, becomes effective June 10, 2009, makes West Building Ground Floor, Room Note to paragraph (c) of § 538.515: The technical and editorial corrections W12–140, 1200 New Jersey Avenue, SE., authorization contained in paragraph (c) of throughout Title 33. This rule does not Washington, DC 20590, between 9 a.m. this section permits the regional Government create any substantive requirements. of Southern Sudan and its employees to and 5 p.m., Monday through Friday, import into the United States goods or except Federal holidays. You may also III. Discussion of Rule services that have transited or transshipped find this docket on the Internet by going This rule amends 33 CFR parts 1 and through areas of Sudan other than the to http://www.regulations.gov, selecting 100 to affirm and clarify the delegation Specified Areas of Sudan without the need the Advanced Docket Search option on of authority by the Commandant to to obtain a specific license under § 538.417. the right side of the screen, inserting Coast Guard Captains of the Port to The importation of goods and services into USCG–2009–0416 in the Docket ID box, issue special local regulations. the United States by the regional Government pressing Enter, and then clicking on the This rule updates Coast Guard of Southern Sudan not involving transit or item in the Docket ID column. headquarters and field office transshipment through areas of Sudan other FOR FURTHER INFORMATION CONTACT: If than the Specified Areas of Sudan already is designations, telephone numbers, and exempt pursuant to §§ 538.212(g) and you have questions on this rule, call or Web site addresses. These updates are 538.305(b) and, therefore, requires no e-mail LCDR Reed Kohberger, CG–5232, non-substantive and are located authorization. Similarly, the provision of Coast Guard, telephone 202–372–1471, throughout 33 CFR parts 70, 133, 135, goods and services in the United States to the e-mail [email protected]. If 136, 137, and 138. Part 100 is amended regional Government of Southern Sudan and you have questions on viewing the to correct typographical and its employees already is exempt pursuant to docket, call Renee V. Wright, Program grammatical errors. §§ 538.212(g) and 538.305(b) and also Manager, Docket Operations, telephone This rule amends 33 CFR part 110 to requires no authorization. 202–366–9826. standardize the format of latitude/

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longitude coordinates and better The term ‘‘small entities’’ comprises J. Indian Tribal Governments conform to the Government Printing small businesses, not-for-profit This rule does not have tribal Office (GPO) style. organizations that are independently implications under Executive Order The National Pollution Funds Center owned and operated and are not 13175, Consultation and Coordination (NPFC) has changed the location within dominant in their fields, and with Indian Tribal Governments, NPFC where a document entitled governmental jurisdictions with because it does not have a substantial ‘‘Standard Practice for Environmental populations of less than 50,000. This direct effect on one or more Indian Site Assessments: Phase I rule does not require a general notice of tribes, on the relationship between the Environmental Site Assessment proposed rulemaking and, therefore, is Federal Government and Indian tribes, Process’’, may be viewed by the public. exempt from the requirements of the or on the distribution of power and The document has been relocated from Regulatory Flexibility Act. responsibilities between the Federal Suite 1013 to the NPFC Law Library in Government and Indian tribes. Suite 1000. This rule amends 33 CFR D. Collection of Information part 137 to provide the public with this This rule calls for no new collection K. Energy Effects new location. of information under the Paperwork We have analyzed this rule under The authorities for 33 CFR parts 133, Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions 136, and 137 have changed as a result 3520). Concerning Regulations That of the Coast Guard’s transfer to the Significantly Affect Energy Supply, Department of Homeland Security in E. Federalism Distribution, or Use. We have 2003. This rule amends 33 CFR parts A rule has implications for determined that it is not a ‘‘significant 133, 136, and 137 to reflect recent Federalism under Executive Order energy action’’ under that order because changes in the statutory authorities and 13132, Federalism, if it has a substantial it is not a ‘‘significant regulatory action’’ delegations governing NPFC program direct effect on State or local under Executive Order 12866 and is not regulations. governments and would either preempt likely to have a significant adverse effect on the supply, distribution, or use of IV. Regulatory Analyses State law or impose a substantial direct cost of compliance on them. We have energy. The Administrator of the Office We developed this rule after analyzed this rule under that Order and of Information and Regulatory Affairs considering numerous statutes and have determined that it does not have has not designated it as a significant executive orders related to rulemaking. implications for Federalism. energy action. Therefore, it does not Below, we summarize our analyses require a Statement of Energy Effects based on 13 of these statutes or F. Unfunded Mandates Reform Act under Executive Order 13211. executive orders. The Unfunded Mandates Reform Act L. Technical Standards of 1995 (2 U.S.C. 1531–1538) requires A. Regulatory Planning and Review The National Technology Transfer Federal agencies to assess the effects of This rule is not a significant and Advancement Act (NTTAA) (15 their discretionary regulatory actions. In regulatory action under section 3(f) of U.S.C. 272 note) directs agencies to use particular, the Act addresses actions Executive Order 12866, Regulatory voluntary consensus standards in their that may result in the expenditure by a Planning and Review, and does not regulatory activities unless the agency State, local, or tribal government, in the require an assessment of potential costs provides Congress, through the Office of aggregate, or by the private sector of and benefits under section 6(a)(3) of that Management and Budget, with an $100,000,000 or more in any one year. Order. The Office of Management and explanation of why using these Though this rule will not result in such Budget has not reviewed it under that standards would be inconsistent with expenditure, we do discuss the effects of Order. applicable law or otherwise impractical. this rule elsewhere in this preamble. Voluntary consensus standards are B. Small Entities G. Taking of Private Property technical standards (e.g., specifications Under the Regulatory Flexibility Act of materials, performance, design, or (5 U.S.C. 601–612), we have considered This rule will not effect a taking of operation; test methods; sampling whether this rule would have a private property or otherwise have procedures; and related management significant economic impact on a taking implications under Executive systems practices) that are developed or substantial number of small entities. Order 12630, Governmental Actions and adopted by voluntary consensus The term ‘‘small entities’’ comprises Interference with Constitutionally standards bodies. small businesses, not-for-profit Protected Property Rights. This rule does not use technical organizations that are independently H. Civil Justice Reform standards. Therefore, we did not owned and operated and are not consider the use of voluntary consensus dominant in their fields, and This rule meets applicable standards standards. governmental jurisdictions with in sections 3(a) and 3(b)(2) of Executive M. Environment populations of less than 50,000. Order 12988, Civil Justice Reform, to Therefore, the Coast Guard certifies minimize litigation, eliminate We have analyzed this rule under under 5 U.S.C. 605(b) that this final rule ambiguity, and reduce burden. Department of Homeland Security Management Directive 023–01 and will not have a significant economic I. Protection of Children impact on a substantial number of small Commandant Instruction M16475.lD, entities. We have analyzed this rule under which guide the Coast Guard in Executive Order 13045, Protection of complying with the National C. Assistance for Small Entities Children from Environmental Health Environmental Policy Act of 1969 Under the Regulatory Flexibility Act Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and (5 U.S.C. 601–612), we have considered an economically significant rule and have concluded that this action is one whether this rule would have a does not create an environmental risk to of a category of actions which do not significant economic impact on a health or risk to safety that may individually or cumulatively have a substantial number of small entities. disproportionately affect children. significant effect on the human

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environment. Therefore, this rule is 33 CFR Part 138 (vi) The establishment of special local categorically excluded under section Alaska, Hazardous substances, Oil regulations. 2.B.2, figure 2–1, paragraph (34)(a) and pollution, Reporting and recordkeeping * * * * * (b) of the Instruction. This rule involves requirements. (f) Except for those matters specified editorial, procedural, and internal in paragraph (c) of this section, the agency functions. An environmental 33 CFR Part 155 Commandant has redelegated to Coast analysis checklist and a categorical Alaska, Hazardous substances, Oil Guard Captains of the Port, with the exclusion determination are available in pollution, Reporting and recordkeeping reservation that this authority must not the docket where indicated under the requirements. be further redelegated, the authority to ADDRESSES. We seek any comments or establish safety and security zones. 33 CFR Part 157 information that may lead to discovery * * * * * of a significant environmental impact Cargo vessels, Oil pollution, (i) The Commandant has redelegated from this proposed rule. Reporting and recordkeeping to the Coast Guard District Commanders requirements. List of Subjects the authority to redelegate in writing to 33 CFR Part 161 the Captains of the Port (COTP), with 33 CFR Part 1 the reservation that this authority must Harbors, Navigation (water), Administrative practice and not be further redelegated, the authority Reporting and recordkeeping to issue such special local regulations as procedure, Authority delegations requirements, Vessels, Waterways. (Government agencies), Freedom of the COTP deems necessary to ensure information, Penalties. 33 CFR Part 165 safety of life on the navigable waters Harbors, Marine safety, Navigation immediately prior to, during, and 33 CFR Part 25 (water), Reporting and recordkeeping immediately after regattas and marine Authority delegations (Government requirements, Security measures, parades. agencies), Claims. Waterways. PART 25—CLAIMS 33 CFR Part 66 33 CFR Part 169 ■ 3. The authority citation in part 25 Intergovernmental relations, Endangered and threatened species, continues to read as follows: Navigation (water), Reporting and Marine animals, Navigation (water), Radio, Reporting and recordkeeping Authority: 14 U.S.C. 633, 49 CFR 1.45(a); recordkeeping requirements. 49 CFR 1.45(b); 49 CFR 1.46(b), unless requirements, Vessels, Water pollution otherwise noted. 33 CFR Part 70 control. § 25.111 [Amended] Navigation (water), Reporting and ■ For the reasons discussed in the recordkeeping requirements. preamble, the Coast Guard amends 33 ■ 4. Revise § 25.211(b) introductory text CFR parts 1, 25, 66, 70, 72, 100, 110, to read as follows: 33 CFR Part 72 133, 135, 136, 137, 138, 155, 157, 161, § 25.111 Action by a claimant. Government publications, Navigation 165, and 169 as follows: (water). * * * * * Title 33—Navigation and Navigable (b) Presentation. Whenever possible, 33 CFR Part 100 Waters the claim must be presented to the Coast PART 1—GENERAL PROVISIONS Guard Legal Service Command, Claims Marine safety, Navigation (water), Division (LSC–5), located at 300 East Reporting and recordkeeping Subpart 1.05—Rulemaking Main Street, Suite 400, Norfolk, VA requirements, Waterways. 23510–9100. If that is not possible, the 33 CFR Part 110 ■ 1. The authority citation for subpart claim may also be presented to: 1.05 continues to read as follows: * * * * * Anchorage grounds. Authority: 5 U.S.C. 552, 553, App. 2; 14 33 CFR Part 133 U.S.C. 2, 631, 632, and 633; 33 U.S.C. 471, PART 66—PRIVATE AIDS TO 499; 49 U.S.C. 101, 322; Department of NAVIGATION Intergovernmental relations, Oil Homeland Security Delegation No. 0170.1. pollution, Reporting and recordkeeping ■ 5. The authority citation for part 66 ■ 2. In § 1.05–1— requirements. continues to read as follows: ■ a. Revise paragraphs (e)(1) 33 CFR Part 135 introductory text and (f) as set out Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. below. 1333; Pub. L. 107–296, 116 Stat. 2135; Administrative practice and ■ b. Add new paragraphs (e)(1)(vi) and Department of Homeland Security Delegation procedure, Continental shelf, Insurance, (i) to read as set out below. No. 0170.1. Oil pollution, Reporting and ■ 6. Revise § 66.01–1(a) to read as recordkeeping requirements. § 1.05–1 Delegation of rulemaking authority. follows: 33 CFR Part 136 * * * * * § 66.01–1 Basic provisions. Administrative practice and (e)(1) The Commandant has (a) The Uniform State Waterway procedure, Advertising, Claims, Oil redelegated to the Coast Guard District Marking System’s (USWMS) aids to pollution, Penalties, Reporting and Commanders, with the reservation that navigation provisions for marking recordkeeping requirements. this authority must not be further channels and obstructions (see § 66.10– redelegated except as specified in 33 CFR Part 137 15 in this part) may be used in those paragraph (i) below, the authority to navigable waters of the U.S. that have Claims, Oil pollution, Penalties, issue regulations pertaining to the been designated as state waters for Reporting and recordkeeping following: private aids to navigation and in those requirements. * * * * * internal waters that are non-navigable

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waters of the U.S. All other provisions through a specified area immediately position latitude 42°32′14.3″ N., for the use of regulatory markers and prior to, during, and immediately after longitude 70°52′1.1″ W.; thence 237° to other aids to navigation must be in the regatta or marine parade. the shore. [NAD83] accordance with United States Aid to (b) The Commander of a Coast Guard (b) Bass River. All of the area Navigation System, described in part 62 District or COTP as authorized by 33 upstream of the highway bridge (Popes of this subchapter. CFR 1.05–1(i), after approving plans for Bridge) outside of the dredged channel. * * * * * the holding of a regatta or marine parade (c) South Channel. Bounded by a line upon the navigable waters within his or commencing at the northern most point PART 70—INTERFERENCE WITH OR her district or zone, and promulgating of Peach’s Point at position latitude DAMAGE TO AIDS TO NAVIGATION special regulations thereto, must give 42°31′08.6″ N., longitude 70°50′32.8″ the public full and adequate notice of W.; thence westerly to a point, at ■ 7. The authority citation for part 70 the dates of the regatta or marine position latitude 42°31′21.9″ N., continues to read as follows: parade, together with full and complete longitude 70°51′15.1″ W. off Fluen Authority: Secs. 14, 16, 30 Stat. 1152, information of the special local Point; thence westerly to a point at 1153; secs. 84, 86, 92, 633, 642, 63 Stat. 500, regulations, if there be such. Such latitude 42°31′19.3″ N., longitude 501, 503, 545, 547 (33 U.S.C. 408, 411, 412: notice should be published in the local 70°51′47.4″ W. off Naugus Head; thence 14 U.S.C. 84, 86, 92, 633, 642). notices to mariners. southwesterly to a point at latitude (c) The special local regulations 42°31′00.3″ N., longitude 70°51′16.6″ W. § 70.05–5 [Amended] referred to in paragraph (a) of this east of Folger Point; thence to a point at ■ 8. In § 70.05–5, remove the phrase section, when issued and published by latitude 42°30′38.3″ N., longitude ‘‘not exceeding $2,500 or less than the Commander of a Coast Guard 70°52′34.6″ W.; thence easterly to a $500’’ and add, in its place, the phrase District or COTP as authorized by 33 point on Long Point at latitude ‘‘of up to $25,000 per day’’. CFR 1.05–1(i), must have the status of 42°30′52.6″ N., longitude 70°53′05″ W. regulations issued pursuant to the The areas will be principally for use by PART 72—MARINE INFORMATION provisions of section 1 of the act of yachts and other recreational craft. ■ 9. The authority citation for part 72 April 28, 1908, as amended (33 U.S.C. Temporary floats or buoys for marking continues to read as follows: 1233). anchors will be allowed in the areas but fixed piles or stakes may not be placed. Authority: 14 U.S.C. 85, 633; 43 U.S.C. § 100.114 [Amended] The anchoring of vessels, the placing of 1333; Department of Homeland Security ■ 14. In § 100.114— Delegation No. 0170.1. moorings, and the maintenance of ■ a. In paragraph (a), remove the word fairways will be under the jurisdiction § 72.01–10 [Amended] ‘‘year’’ and add, in its place, the word of the local Harbor Master. ‘‘yard’’. ■ 10. In § 72.01–10(a)(1), remove the (d) Beverly and Mackerel Coves, north ■ b. In the Fireworks Display Table, side of Beverly Harbor. The water area phrase ‘‘National Imagery and Mapping remove table entries Massachusetts 6.3 Agency’’ and add, in its place, the enclosed by a line commencing at the and Massachusetts 7.1. southernmost point of Curtis Point in phrase ‘‘National Geospatial-Intelligence ■ c. Redesignate Fireworks Display ° Agency’’. Beverly; thence bearing 238 , 1,400 Table entries 7.2 through 7.42 as the yards to latitude 42°32′29.7″ N., § 72.01–25 [Amended] new 7.1 through 7.41 respectively. 70°51′32.1″ W.; thence 284°, 1,475 yards ■ 11. In § 72.01–25(a), remove the § 100.906 [Amended] to the western shoreline of Mackerel Cove; thence north northeasterly to the phrase ‘‘National Imagery and Mapping ■ 15. In § 100.906(c), remove the phrase Agency’’ and add, in its place, the point of beginning. ‘‘August 1st’’ and add, in its place, the (e) Collins Cove, Salem, MA. The phrase ‘‘National Geospatial-Intelligence phrase ‘‘the Tuesday before the first Agency’’. water area enclosed by a line beginning Saturday in August’’. at Monument Bar Beacon; thence 242°, 580 yards to latitude 42°32′14.5″ N., PART 100—SAFETY OF LIFE ON PART 110—ANCHORAGE longitude 70°52′46.3″ W.; thence 284°, NAVIGABLE WATERS REGULATIONS 220 yards to latitude 42°32′16″ N., ■ ° ′ ″ ° 12. The authority citation for part 100 ■ 16. The authority citation for part 110 longitude 70 52 55 W.; thence 231 , continues to read as follows: continues to read as follows: 525 yards to a point on the shoreline; Authority: 33 U.S.C. 1233. thence following the shoreline and the Authority: 33 U.S.C. 471, 1221 through western boundary of the special ■ 13. Revise § 100.35 to read as follows: 1236, 2030, 2035, and 2071; 33 CFR 1.05–1; Department of Homeland Security Delegation anchorage area as described in 33 CFR § 100.35 Special local regulations. No. 0170.1. 110.25(a) to the point of beginning. (f) Marblehead Harbor, Marblehead, (a) The Commander of a Coast Guard ■ 17. Revise § 110.25 to read as follows: MA. The area comprises that portion of District or Captain of the Port (COTP) as the harbor lying between the extreme § 110.25 Salem Sound, Mass. authorized by 33 CFR 1.05–1(i), after low water line and southwestward of a approving plans for the holding of a (a) Beverly Harbor, north of Salem line bearing 336° from Marblehead Neck regatta or marine parade within his or Neck, Salem, MA. A line extending from Light to a point on Peach Point at her district or zone, is authorized to the northerly end of the Salem Willows latitude 42°31′03″ N., longitude promulgate such special local Yacht Club House 360 yards bearing 70°50′30″ W. regulations as he or she deems 281° true to position latitude necessary to insure safety of life on the 42°32′14.3″ N., longitude 70°52′24.17″ Note: The area is principally for use by navigable waters immediately prior to, W.; thence north 275 yards to yachts and other recreational craft. Temporary floats or buoys for marking during, and immediately after the Monument Bar Beacon thence 540 yards ° anchors are allowed. Fixed mooring piles or approved regatta or marine parade. Such bearing 080 to position latitude stakes are prohibited. All moorings must be regulations may include a restriction on, 42°32′25.3″ N., longitude 70°52′2.1″ W., so that no vessel, when anchored, will at any or control of, the movement of vessels thence 365 yards bearing 175° to time extend beyond the limits of the area.

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The anchoring of vessels and the placing of thence to latitude 42°21′33″ N., (e) Quincy Bay, in vicinity of temporary moorings are under the longitude 071°02′44″ W.; thence to Merrymount Yacht Club. South of a line jurisdiction and at the direction of the local latitude 42°21′26″ N., longitude starting from a point bearing 246°, 3,510 harbormaster. 071°02′36″ W.; thence to latitude yards, from the stack of the pumping ■ 18. Add a new § 110.27 to read as 42°21′26″ N., longitude 071°02′53″ W.; station on Nut Island, and extending follows: thence to point of origin. [NAD83]. thence 306° to the shore; west of a line (2) The area is principally for use by bearing 190° from the aforesaid point to § 110.27 Lynn Harbor in Broad Sound, yachts and other recreational craft. the shore; and north and east of the Mass. Temporary floats or buoys for marking shoreline. North of a line bearing 244° from the anchors will be allowed. Fixed mooring (f) Weymouth Fore River, in vicinity of tower of the Metropolitan District piles or stakes are prohibited. The Quincy Yacht Club. A line from the Building, extending from the shore to a anchoring of vessels and placing of position latitude 42°16′46.9″ N. point 100 feet from the east limit of the temporary moorings will be under the 70°57′12.5″ W. to position latitude channel; east of a line bearing 358°, jurisdiction, and at the discretion of the 42°16′48.8″ N. 70°57′5.5″ W.; thence to extending thence to a point 100 feet east Harbormaster, City of Boston. All latitude 42°16′31″ N. 70°56′23.1″ W. to of the northeast corner of the turning moorings must be so placed that no the northerly end of Raccoon Island at basin; south of a line bearing 88°, vessel, when moored, will at any time position latitude 42°15′48″ N. extending thence to the shore; and south extend beyond the limits of the area. 70°56′43.4″ W.; thence along the and west of the shoreline to its Note to paragraph (d): Administration of western shoreline of Raccoon Island to intersection with the south boundary. Special Anchorage Area is exercised by the the point latitude 42°15′46.4″ N. ■ 19. Add a new § 110.29 to read as Harbormaster, City of Boston, pursuant to 70°56′55.4″ W.; thence to latitude follows: local ordinances. The City of Boston will 42°15′43″ N. 70°57′5.8″ W.; thence along install and maintain suitable navigational the shoreline to the point of origin. § 110.29 Boston Inner Harbor, Mass. aids to mark the limits of Special Anchorage [NAD83] (a) Vicinity of Pleasant Park Yacht areas. (g) Weymouth Fore River, in vicinity Club, Winthrop. Southerly of a line ■ of Wessagussett Yacht Club. ° 20. Revise § 110.30 to read as follows: bearing 276 from a point on the west Southwesterly of a line bearing 117° side of Pleasant Street, Winthrop, 360 § 110.30 Boston Harbor, Mass. from channel light ‘‘4’’; southeasterly of feet from the southwest corner of its (a) Vicinity of South Boston Yacht a line 150 feet from and parallel to the intersection with Main Street; westerly Club, South Boston. Northerly of a line meandering easterly limit of the dredged ° of a line bearing 186 from a point on bearing 96° from the stack of the heating channel; easterly of a line bearing 188° the south side of Main Street 140 feet plant of the Boston Housing Authority from the eastern extremity of Rock from the southwest corner of its in South Boston; easterly of a line Island Head; and northwesterly of the ° intersection with Pleasant Street; bearing 5 from the west shaft of the shoreline. northerly of a line bearing 256° from a tunnel of the Boston Main Drainage (h) Weymouth Fore River, in the point on the west side of Pleasant Street Pumping Station; southerly of the vicinity of Gull Point (PT). All of the 550 feet from the southwest corner of its shoreline; and westerly of a line bearing waters bound by the following points intersection with Main Street and 158° from the northeast corner of the beginning at latitude 42°15′05″ N., easterly of a line bearing 182° from a iron fence marking the east boundary of longitude 70°57′26″ W.; thence to point on the south side of Main Street the South Boston Yacht Club property. latitude 42°15′00″ N., longitude 640 feet from the southwest corner of its (b) Dorchester Bay, in vicinity of Savin 70°57′26″ W.; thence to latitude intersection with Pleasant Street. Hill Yacht Club. Northerly of a line 42°15′15″ N., longitude 70°56′50″ W.; ° (b) Mystic River, east side of Tobin bearing 64 from the stack of the old thence to latitude 42°15′18″ N., Bridge. Beginning at a line running from power plant of the Boston Elevated longitude 70°56′50″ W.; thence to the a point on the Tobin Bridge at latitude Railway on Freeport Street in point of the beginning. [NAD83] 42°23′08.5″ N. 071°02′48.2″ W. to a Dorchester; westerly of a line bearing point at latitude 42°23′06.4″ N. 163° from the stack of the Boston Main Note to paragraph (h): The area is principally for use by recreational craft. All 071°02′43.7″ W.; thence northwest to a Drainage Pumping Station on the Cow ° ′ ″ anchoring in the area will be under the point at latitude 42 23 09.1 N. Pasture in Dorchester; and southerly supervision of the local harbor master or 071°02′43.2″ W. along the shoreline to and easterly of the shoreline. such other authority as may be designated by the western side of Tobin Bridge, thence (c) Dorchester Bay, in vicinity of the authorities of the Town of Weymouth, to the point of origin. Dorchester Yacht Club. Eastward of a Massachusetts. All moorings are to be so (c) Mystic River, west side of Tobin line bearing 21° from the stack located placed that no moored vessel will extend Bridge. Beginning at a line running from a short distance northwestward of the beyond the limit of the anchorage area. a point on the Tobin Bridge at latitude Dorchester Yacht Club; southward of a (i) Weymouth Back River, in vicinity 42°23′08.8″ N. 071°02′48.6″ W. to a line bearing 294° from the southerly of Eastern Neck. The cove on the north point at latitude 42°23′10.5″ N. channel pier of the highway bridge; side of the river lying northerly of a line 071°05′52″ W.; thence northwest to the westward of the highway bridge and the bearing 264°30′ from the southwesterly southeasterly corner of the pier at shoreline; and northward of the corner of the American Agricultural latitude 42°23′13.4″ N. 071°02′57.1″ W. shoreline. Chemical Company’s wharf (Bradley’s along the pier to the shoreline to the (d) Quincy Bay, in vicinity of Wharf) to the shore of Eastern Neck, eastern side of Tobin Bridge, thence to Wollaston and Squantum Yacht Clubs. about 2,200 feet distant. the point of origin. Northwesterly of a line bearing 36°30′ (j) Area No. 1 in Allerton Harbor. That (d) Boston Inner Harbor A. (1) The from a point on the shore 2,600 feet area north of Spinnaker Island waters of the western side of Boston easterly of the east side of the Wollaston beginning at latitude 42°18′15.3″ N. Inner Harbor north of the entrance to the Yacht Club landing; southwesterly of a 70°53′44.1″ W.; thence due east to Fort Point Channel bound by the line bearing 129°15′ from the water tank latitude 42°18′15.3″ N. longitude following points beginning at latitude in Squantum; and southeasterly and 70°53′27.6″ W.; thence due south to 42°21′32″ N., longitude 071°02′50″ W; northeasterly of the shoreline. latitude 42°18′07.8″ N. longitude

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70°53′27.6″ W.; thence due west to (p) Hingham Harbor Area 4. 074°02′24.7″ W.; thence to latitude latitude 42°18′07.8″ N. longitude Beginning at position latitude 40°41′09.4″ N., longitude 074°02′40.0″ 70°53′44.1″ W.; thence due north to the 42°14′47.3″ N. longitude 70°53′07.6″ W.; W.; thence to latitude 40°41′13.3″ N., point of beginning. [NAD83] thence to latitude 42°14′48.8″ N. longitude 074°02′41.5″ W.; thence to (k) Area No. 2 in Hull Bay. That area longitude 70°53′9.6″ W.; thence to latitude 40°41′15.8″ N., longitude south of Hog Island beginning at latitude 42°14′54.3″ N. longitude 074°02′32.6″ W.; thence to latitude latitude 42°17′50.8″ N. longitude 70°53′6.1″ W.; thence to latitude 40°41′25.3″ N., longitude 074°02′29.1″ 70°54′05.1″ W.; thence due east to 42°14′56.9″ N. longitude 70°52′56.6″ W.; W.; thence to latitude 40°41′33.0″ N., latitude 42°17′50.8″ N. longitude thence to point of beginning. [NAD83] longitude 074°02′44.5″ W.; thence to 70°53′27.6″ W.; thence due south to (q) Hingham Harbor Area 5. latitude 40°41′32.5″ N., longitude latitude 42°17′30.3″ N. longitude Beginning at position latitude 074°02′48.8″ W.; thence to the point of 70°53′27.6″ W.; thence due west to 42°14′48.3″ N. longitude 70°52′55.1″ W.; origin (NAD 83). latitude 42°17′30.3″ N. longitude thence to latitude 42°14′48.8″ N. (ii) See 33 CFR 110.155(d)(6), (d)(16), 70°54′5.1″ W.; thence due north to the longitude 70°53′0.1″ W.; thence to and (l). ° ′ ″ point of beginning. [NAD83] latitude 42 14 58.3 N. longitude * * * * * (l) Area No. 3 in Hull Bay. That area 70°52′49.1″ W.; thence to latitude north of Bumkin Island beginning at 42°14′53.8″ N. longitude 70°52′48.1″ W.; PART 133—OIL SPILL LIABILITY position latitude 42°17′22.3″ N. thence to point of beginning. [NAD83] TRUST FUND; STATE ACCESS longitude 70°54′5.1″ W.; thence due east Note to paragraphs (m), (n), (o), (p) and to latitude 42°17′22.3″ N. longitude ■ 22. The authority citation for part 133 ° ′ ″ (q): The areas will be principally for use by 70 53 15.6 W.; thence due south to yachts and other recreational craft. is revised to read as follows: ° ′ ″ latitude 42 17 01.3 N. longitude Temporary floats or buoys for marking Authority: 33 U.S.C. 2712(a)(1)(B), 2712(d) 70°53′15.6″ W.; thence due west to anchors will be allowed in the areas but fixed and 2712(e); Sec. 1512 of the Homeland latitude 42°17′01.3″ N. longitude piles or stakes may not be placed. The Security Act of 2002, Pub. L. 107–296, Title 70°54′5.17″ W.; thence due north to the anchoring of vessels and the placing of XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. point of beginning. [NAD83]. moorings will be under the jurisdiction of the 552(d)); E.O. 12777, 56 FR 54757, 3 CFR, local Harbor Master. 1991 Comp., p. 351, as amended by E.O. Note to paragraphs (j), (k), and (l): The 13286, 68 FR 10619, 3 CFR, 2004 Comp., p. areas will be principally for use by yachts ■ 21. Amend § 110.55 by revising 166; Department of Homeland Security and other recreational craft. Temporary floats paragraphs (d)(1) through (d)(3) to read Delegation No. 0170.1., para. 2(80). or buoys for marking anchors will be as follows: allowed. Fixed mooring piles or stakes are § 133.3 [Amended] § 110.155 Port of New York. prohibited. The anchoring of vessels and the ■ placing of temporary moorings is under the 23. In § 133.3(b), in the definition of * * * * * ‘‘NPFC’’, remove the address ‘‘U.S. jurisdiction, and at the discretion, of the local (d) Upper Bay—(1) Anchorage No. Harbor Master, Hull, Mass. Coast Guard National Pollution Funds 20–A. (i) All waters bound by the Center, 4200 Wilson Boulevard, Suite (m) Hingham Harbor Area 1. following points: latitude 40°42′06.9″ Beginning at position latitude ° ′ ″ 1000, Arlington, Virginia 22203–1804’’ N., longitude 074 02 18.0 W.; thence to and add, in its place, the address, 42°15′39.3″ N. longitude 70°53′22.1″ W.; latitude 40°42′05.4″ N., longitude thence to latitude 42°15′53.8″ N. ° ′ ″ ‘‘Director National Pollution Funds 074 01 56.9 W.; thence to latitude Center, NPFC MS 7100, U.S. Coast longitude 70°53′30.1″ W.; thence to 40°41′54.9″ N., longitude 074°01′57.7″ latitude 42°15′56.3″ N. longitude ° ′ ″ Guard, 4200 Wilson Blvd., Suite 1000, W.; thence to latitude 40 41 54.0 N., Arlington, VA 20598–7100’’. 70°53′21.1″ W.; thence to latitude longitude 074°02′12.0″ W.; thence to 42°15′42.3″ N. longitude 70°53′13.1″ W.; latitude 40°41′54.4″ N., longitude § 133.25 [Amended] thence to point of beginning. [NAD83] 074°02′11.7″ W.; thence to latitude ■ 24. In § 133.25(c), remove the address (n) Hingham Harbor Area 2. 40°41′57.5″ N., longitude 074°02′07.5″ ‘‘Chief, Case Management Division, Beginning at position latitude W.; thence to latitude 40°42′06.1″ N., ° ′ ″ ° ′ ″ National Pollution Funds Center, Suite 42 15 30.6 N. longitude 70 53 0.5 W.; longitude 074°02′19.1″ W.; thence to the ° ′ ″ 1000, 4200 Wilson Boulevard, thence to latitude 42 15 30.3 N. point of origin (NAD 83). ° ′ ″ Arlington, Virginia 22203–1804’’ and longitude 70 53 11.6 W.; thence to (ii) See 33 CFR 110.155(d)(6), (d)(16), add, in its place, the address, ‘‘Director latitude 42°15′27.8″ N. longitude and (l). ° ′ ″ National Pollution Funds Center, NPFC 70 53 16.1 W.; thence to latitude (2) Anchorage No. 20–B. (i) All waters CM, MS 7100, U.S. Coast Guard, 4200 42°15′28.8″ N. longitude 70°53′29.1″ W.; bound by the following points: latitude ° ′ ″ ° ′ ″ ° ′ ″ Wilson Blvd., Suite 1000, Arlington, VA thence to latitude 42 15 35.3 N. 40 41 46.2 N., longitude 074 02 23.0 20598–7100’’. longitude 70°53′32.1″ W.; thence to W.; thence to latitude 40°41′42.4″ N., latitude 42°15′36.3″ N. longitude longitude 074°02′00.5″ W.; thence to PART 135—OFFSHORE OIL 70°53′34.6″ W.; thence to latitude latitude 40°41′35.7″ N., longitude POLLUTION COMPENSATION FUND 42°15′41.3″ N. longitude 70°53′32.6.5″ 074°02′02.7″ W.; thence to latitude W.; thence to latitude 42°15′31.3″ N. 40°41′30.3″ N., longitude 074°02′06.3″ ■ 25. The authority citation for part 135 longitude 70°53′26.1″ W.; thence to W.; thence to latitude 40°41′41.9″ N., continues to read as follows: ° ′ ″ latitude 42 15 31.8 N. longitude longitude 074°02′29.2″ W.; thence to the Authority: 33 U.S.C. 2701–2719; E.O. 70°53′01.1″ W.; thence to point of point of origin (NAD 83). 12777, 56 FR 54757; Department of beginning. [NAD83] (ii) See 33 CFR 110.155(d)(6), (d)(16), Homeland Security Delegation No. 0170.1, (o) Hingham Harbor Area 3. and (l). para. 2(80). Beginning at latitude 42°15′33.3″ N. (3) Anchorage No. 20–C. (i) All waters longitude 70°52′59.6″ W.; thence to bound by the following points: latitude § 135.9 [Amended] latitude 42°15′33.8″ N. longitude 40°41′42.4″ N., longitude 074°02′41.5″ ■ 26. In § 135.9, remove the address 70°53′17.1″ W.; thence to latitude W.; thence to latitude 40°41′25.8″ N., ‘‘U.S. Coast Guard National Pollution 42°15′35.8″ N. longitude 70°53′00.1″ W.; longitude 074°02′09.2″ W.; thence to Funds Center, 4200 Wilson Boulevard, thence to point of beginning. [NAD83] latitude 40°41′02.1″ N., longitude Suite 1000, Arlington, VA 22203–1804’’

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and add, in its place, the address, ■ 32. Revise § 137.15 to read as follows: § 155.1130 [Amended] ‘‘Director National Pollution Funds ■ 36. In § 155.1130(h), remove the Center, NPFC MS 7100, U.S. Coast § 137.15 References: Where can I get a copy of the publication mentioned in this phrase ‘‘§ 155.1050(l)’’ and add, in its Guard, 4200 Wilson Blvd., Suite 1000, part? place, the phrase ‘‘Subpart I of this Arlington, VA 20598–7100’’. part’’. Section 137.20 of this part refers to PART 136—OIL SPILL LIABILITY ASTM E 1527–05, Standard Practice for PART 157-—RULES FOR THE TRUST FUND; CLAIMS PROCEDURES; Environmental Site Assessments: Phase PROTECTION OF THE MARINE DESIGNATION OF SOURCE; AND I Environmental Site Assessment ENVIRONMENT RELATING TO TANK ADVERTISEMENT Process. That document is available VESSELS CARRYING OIL IN BULK from ASTM International, 100 Barr ■ 27. The authority citation for part 136 Harbor Drive, P.O. Box C700, West ■ 37. The authority citation for part 157 is revised to read as follows: Conshohocken, PA 19428–2959. It is continues to read as follows: Authority: 33 U.S.C. 2713(e) and 2714; also available for inspection at the Coast Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, Sec. 1512 of the Homeland Security Act of Guard National Pollution Funds Center, 3703a (note); 49 CFR 1.46. Subparts G, H, and 2002, Pub. L. 107–296, Title XV, Nov. 25, Law Library, 4200 Wilson Boulevard, I are also issued under section 4115(b), Pub. 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. Suite 1000, Arlington, VA. L. 101–380, 104 Stat. 520; Pub. L. 104–55, 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 109 Stat. 546. 351, as amended by E.O. 13286, 68 FR 10619, PART 138—FINANCIAL 3 CFR, 2004 Comp., p.166; Department of RESPONSIBILITY FOR WATER § 157.22 [Amended] Homeland Security Delegation No. 0170.1, ■ 38. In § 157.22, remove the phrase para. 2(80). POLLUTION (VESSELS) AND OPA 90 LIMITS OF LIABILITY (VESSELS AND ‘‘Regulation 25A’’ and add, in its place, § 136.3 [Amended] DEEPWATER PORTS) the phrase ‘‘Regulation 27’’. ■ 28. In § 136.3 remove ‘‘Director, National Pollution Funds Center, suite ■ 33. The authority citation for part 138 PART 161—VESSEL TRAFFIC 1000, 4200 Wilson Boulevard, continues to read as follows: MANAGEMENT Arlington, Virginia 22203–1804, (703) Authority: 33 U.S.C. 2716, 2716a; 42 U.S.C. ■ 39. The authority citation for part 161 235–4756.’’ and add, in its place, 9608, 9609; Sec. 1512 of the Homeland continues to read as follows: ‘‘Director National Pollution Funds Security Act of 2002, Pub. L. 107–296, Title Center, NPFC MS 7100, U.S. Coast XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. L. 107–295, 116 Stat. Guard, 4200 Wilson Blvd., Suite 1000, 552); E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 198; E.O. 12777, 3 CFR, 1991 2064; Department of Homeland Security Arlington, VA 20598–7100, (800) 280– Delegation No. 0170.1. 7118’’. Comp., p. 351; E.O. 13286, Sec. 89 (68 FR 10619, Feb. 28, 2003); Department of § 161.40 [Amended] § 136.5 [Amended] Homeland Security Delegation Nos. 0170.1 ■ 40. In § 161.40— ■ 29. In § 136.5(b), in the definition of and 5110. Section 138.30 also issued under the authority of 46 U.S.C. 2103, 46 U.S.C. ■ a. In paragraph (b), remove the phrase NPFC, remove the address ‘‘U.S. Coast 14302. ‘‘Southern Pacific Railroad Bridge’’ and Guard, National Pollution Funds Center, add, in its place, the phrase ‘‘Burlington suite 1000, 4200 Wilson Boulevard, § 138.45 [Amended] Northern/Santa Fe Railroad Bridge’’. Arlington, Virginia 22203–1804’’ and ■ 34. In § 138.45(a), remove the address ■ b. In Table 161.40(c), remove the add, in its place, the address, ‘‘Director ‘‘U.S. Coast Guard, National Pollution phrase ‘‘South Pacific Railroad Bridge’’ National Pollution Funds Center, NPFC Funds Center (Cv), 4200 Wilson and add, in its place, the phrase MS 7100, U.S. Coast Guard, 4200 Boulevard, Suite 1000, Arlington, VA ‘‘Burlington Northern/Santa Fe Railroad Wilson Blvd., Suite 1000, Arlington, VA 22203–1804’’ and add, in its place, the Bridge’’. 20598–7100’’. address, ‘‘Director National Pollution PART 165—REGULATED NAVIGATION § 136.101 [Amended] Funds Center, NPFC CV MS 7100, U.S. AREAS AND LIMITED ACCESS AREAS ■ 30. In § 136.101(b), remove the Coast Guard, 4200 Wilson Blvd., Suite address ‘‘National Pollution Funds 1000, Arlington, VA 20598–7100’’. ■ 41. The authority citation for part 165 Center, suite 1000, 4200 Wilson PART 155—OIL OR HAZARDOUS continues to read as follows: Boulevard, Arlington, Virginia 22203– MATERIAL POLLUTION PREVENTION Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 1804’’ and add, in its place, the address, REGULATION FOR VESSELS Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; ‘‘Director National Pollution Funds 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. Center, NPFC MS 7100, U.S. Coast ■ 35. The authority citation for part 155 L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Guard, 4200 Wilson Blvd., Suite 1000, continues to read as follows: Arlington, VA 20598–7100’’. Authority: 33 U.S.C. 1231, 1321(j); E.O. § 165.116 [Amended] PART 137—OIL SPILL LIABILITY: 11735, 3 CFR, 1971–1975 Comp., p. 793. ■ 42. In § 165.116, remove paragraph (b) STANDARDS FOR CONDUCTING ALL Sections 155.100 through 155.130, 150.350 and redesignate paragraph (c) as APPROPRIATE INQUIRIES UNDER through 155.400, 155.430, 155.440, 155.470, paragraph (b). THE INNOCENT LAND-OWNER 155.1030(j) and (k), and 155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections § 165.120 [Amended] DEFENSE 155.480, 155.490, 155.750(e), and 155.775 are ■ 43. In § 165.120, revise paragraphs (a) ■ also issued under 46 U.S.C. 3703. Section 31. The authority citation for part 137 155.490 also issued under section 4110(b) of and (b)(4) introductory text to read is revised to read as follows: Pub. L. 101–380. Sections 155.110–155.130, follows: Authority: 33 U.S.C. 2703(d)(4); Sec. 1512 155.350–155.400, 155.430, 155.440, 155.470, § 165.120 Safety Zone: Chelsea River, of the Homeland Security Act of 2002, Pub. 155.1030 (j) and (k), and 155.1065(g) also L. 107–296, Title XV, Nov. 25, 2002, 116 Stat. issued under 33 U.S.C. 1903(b); and Boston Inner Harbor, Boston, MA. 2310 (6 U.S.C. 552(d)); Department of §§ 155.1110–155.1150 also issued under 33 (a) Location. The following area is a Homeland Security Delegation No. 14000. U.S.C. 2735. safety zone: The waters of the Chelsea

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River, Boston Inner Harbor, for 100 DEPARTMENT OF HOMELAND Smyrna, FL. The bridge provides a yards upstream and downstream of the SECURITY vertical clearance of 24 feet in the center of the Chelsea Street Draw span closed position. As required by 33 CFR (in the approximate position of latitude Coast Guard 117.261(h), the bridge shall open on 42°23′10.3″ N., longitude 71°01′21.2″ signal, except that from 7 a.m. until 7 W.). [NAD83]. 33 CFR Part 117 p.m., each day of the week, the draw need only open on the hour, twenty * * * * * [Docket No. USCG–2009–0415] minutes past the hour and forty minutes (b) * * * RIN 1625–AA09 past the hour. The deviation is from 6 (4) Restrictions when the Chelsea a.m. on June 30, 2009 through 6 a.m. on River channel is obstructed by vessel(s) Drawbridge Operation Regulation; July 3, 2009. During the deviation this moored at the Northeast Petroleum Atlantic Intracoastal Waterway, New bridge will remain closed to navigation. Terminal located downstream of the Smyrna Beach, FL Vessels not requiring an opening may pass at any time. This action is Chelsea Street Bridge on the Chelsea, AGENCY: Coast Guard, DHS. MA side of the Chelsea River—hereafter necessary because the bridge will be ACTION: Notice of temporary deviation inoperable in a jacked-up state to referred to as the Jenny Dock from regulations. (approximate position latitude perform repairs. The action will affect all vessels requiring an opening during 42°23′05.2″ N., longitude 71°01′35.8″ SUMMARY: The Commander, Seventh this time period. Vessels unable to W.)—or the Mobile Oil Terminal located Coast Guard District, has issued a transit through this area may transit via on the East Boston Side of the Chelsea temporary deviation from the regulation governing the operation of the Coronado an ocean route or schedule their transit River downstream of the Chelsea Street prior to or after the repair work is Bridge (approximate position latitude Beach Bridge (SR 44) across the Atlantic ° ′ ″ ° ′ ″ Intracoastal Waterway, mile 854, at New completed. 42 23 04.9 N., longitude 71 01 28.52 In accordance with 33 CFR 117.35(e), Smyrna Beach, FL. The deviation is W.): [NAD83]. the drawbridge must return to its regular necessary to repair the bridge. This operating schedule immediately at the * * * * * deviation allows the bridge to remain end of the designated time period. This closed to navigation during the § 165.1407 [Amended] deviation from the operating regulations deviation period. ■ 44. In § 165.1407(c)(2), following the is authorized under 33 CFR 117.35. DATES: This deviation is effective from numbers ‘‘(808) 842–2600’’ add ‘‘and 6 a.m. on June 30, 2009 through 6 a.m. Dated: May 26, 2009. (808) 842–2601, fax (808) 842–2624’’. on July 3, 2009. R.S. Branham, ADDRESSES: Documents mentioned in Rear Admiral, U.S. Coast Guard, Commander, PART 169—SHIP REPORTING Coast Guard Seventh District. SYSTEMS this preamble as being available in the docket are part of docket USCG–2009– [FR Doc. E9–13640 Filed 6–9–09; 8:45 am] 0415 and are available online by going BILLING CODE 4910–15–P ■ 45. The authority citation for part 169 to http://www.regulations.gov, selecting continues to read as follows: the Advanced Docket Search option on Authority: 33 U.S.C. 1230(d), Department the right side of the screen, inserting ENVIRONMENTAL PROTECTION of Homeland Security Delegation No. 0170.1. USCG–2009–0415 in the Docket ID box, AGENCY pressing Enter, and then clicking on the § 169.1 [Amended] item in the Docket ID column. This 40 CFR Part 52 ■ 46. In § 169.1, add a note at the end material is also available for inspection [EPA–R05–OAR–2006–0004; FRL–8900–5] of the current section to read as follows: or copying at the Docket Management Facility (M–30), U.S. Department of Approval and Promulgation of Air § 169.1 What is the purpose of this part? Transportation, West Building Ground Quality Implementation Plans; Indiana * * * * * Floor, Room W12–140, 1200 New Jersey AGENCY: Environmental Protection Avenue, SE., Washington, DC 20590, Note to § 169.1: For ship reporting system Agency (EPA). between 9 a.m. and 5 p.m., Monday requirements not established by the Coast ACTION: Final rule. Guard, see 50 CFR Part 404. through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If SUMMARY: Pursuant to provisions in the Dated: June 3, 2009. you have questions on this rule, call or Clean Air Act (Act) which allow EPA to Stefan G. Venckus, e-mail Mr. Michael Lieberum, Bridge correct State Implementation Plan (SIP) Chief, Office of Regulations and Branch, Seventh Coast Guard District, actions made in error, EPA is taking Administrative Law, United States Coast telephone 305–415–6744, e-mail final action to correct an error in part of Guard. [email protected]. If you its June 12, 2006 approval of an [FR Doc. E9–13370 Filed 6–9–09; 8:45 am] have questions on viewing the docket, amendment to Indiana’s ozone SIP. In call Renee V. Wright, Program Manager, today’s action, EPA is rescinding its BILLING CODE 4910–15–P Docket Operations, telephone 202–366– approval of the inclusion of the state’s 9826. codified definition of hazardous air SUPPLEMENTARY INFORMATION: M&J pollutant (HAP) in Indiana’s ozone SIP. Construction Company of behalf of the DATES: This final rule is effective on July bridge owner, Florida Department of 10, 2009. Transportation (FDOT), has requested a ADDRESSES: EPA has established a deviation to the regulation of the docket for this action under Docket ID Coronado Beach/George C. Musson (SR No. EPA–R05–OAR–2006–0004. All 44) Bridge across the Atlantic documents in the docket are listed on Intracoastal Waterway, mile 854.0, New the http://www.regulations.gov Web

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site. Although listed in the index, some does not provide parameters to in the Unfunded Mandates Reform Act information is not publicly available, determine the approvability of a HAP of 1995 (Pub. L. 104–4). i.e., Confidential Business Information provision. Instead, in the 1990 This final rule also does not have (CBI) or other information whose Amendments to the Act, Congress Tribal implications because it will not disclosure is restricted by statute. envisioned that HAPs (including the have a substantial direct effect on one or Certain other material, such as then-listed ethylene glycol monobutyl more Indian Tribes, on the relationship copyrighted material, is not placed on ether (EGBE)) would be regulated under between the Federal Government and the Internet and will be publicly Section 112. State programs for Indian Tribes, or on the distribution of available only in hard copy form. hazardous pollutants, including power and responsibilities between the Publicly available docket materials delegations, are governed by Section Federal Government and Indian Tribes, are available either electronically 112(l) of the Act. They should not be as specified by Executive Order 13175 through http://www.regulations.gov or included in the SIP under Section 110. (65 FR 67249, November 9, 2000). This in hard copy at the Environmental Section 110(k)(6) of the Act provides final action also does not have Protection Agency, Region 5, Air and that ‘‘whenever EPA determines that its Federalism implications because it does Radiation Division, 77 West Jackson action approving, disapproving, or not have substantial direct effects on the Boulevard, Chicago, Illinois 60604. This promulgating any plan or plan revision States, on the relationship between the facility is open from 8:30 a.m. to 4:30 (or part thereof), * * * was in error, national government and the States, or p.m., Monday through Friday, excluding EPA may revise such action as on the distribution of power and Federal holidays. We recommend that appropriate without requiring any responsibilities among the various you telephone Steven Rosenthal, further submission from the State.’’ levels of government, as specified in Environmental Engineer, at (312) 886– Therefore, under section 110(k)(6), EPA Executive Order 13132 (64 FR 43255, 6052 before visiting the Region 5 office. is rescinding its exclusion of EGBE from August 10, 1999). This action merely FOR FURTHER INFORMATION CONTACT: Indiana’s definition of HAP, and is also corrects an error and approves a State Steven Rosenthal, Environmental rescinding Indiana’s definition of HAP rule implementing a Federal standard, Engineer, Criteria Pollutant Section, Air in 326 IAC 1–2–33.5, from Indiana’s and does not alter the relationship or Programs Branch (AR–18J), U.S. ozone SIP. the distribution of power and responsibilities established in the Act. Environmental Protection Agency, On June 12, 2006, as requested by the This rule also is not subject to Executive Region 5, 77 West Jackson Boulevard, State, EPA took action under section Chicago, Illinois 60604, (312) 886–6052, Order 13045 ‘‘Protection of Children 110(a) of the Act and deleted EGBE from from Environmental Health Risks and [email protected]. the SIP’s definition for HAP in 326 IAC SUPPLEMENTARY INFORMATION: Safety Risks’’ (62 FR 19885, April 23, 1–2–33.5. For the reasons discussed 1997), because it is not economically Throughout this document whenever above, EPA should not have taken this ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean significant. action under section 110(a) of the Act. In reviewing SIP submissions, EPA’s EPA. This supplementary information On January 10, 2008, the Indiana role is to approve State choices, section is arranged as follows: Department of Environmental provided that they meet the criteria of I. What public comments were received on Management requested that EPA correct the Act. In this context, in the absence the proposed correction notice and what that earlier action. of a prior existing requirement for the is EPA’s response? State to use voluntary consensus II. What action is EPA taking and what is the III. Statutory and Executive Order reason for this action? Reviews standards (VCS), EPA has no authority III. Statutory and Executive Order Reviews to disapprove a SIP submission for Under Executive Order 12866 (58 FR failure to use VCS. It would thus be I. What public comments were received 51735, October 4, 1993), this action is inconsistent with applicable law for on the proposed correction notice and not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission, what is EPA’s response? therefore is not subject to review by the to use VCS in place of a SIP submission EPA did not receive any public Office of Management and Budget. For that otherwise satisfies the provisions of comments on the August 4, 2008, this reason, this action is also not the Act. Thus, the requirements of proposed correction notice. subject to Executive Order 13211, section 12(d) of the National ‘‘Actions Concerning Regulations That Technology Transfer and Advancement II. What action is EPA taking and what Significantly Affect Energy Supply, Act of 1995 (15 U.S.C. 272 note) do not is the reason for this action? Distribution, or Use’’ (66 FR 28355, May apply. This rule does not impose an Section 110 of the Act is the authority 22, 2001). This action merely corrects an information collection burden under the under which Congress has directed EPA error and approves State law as meeting provisions of the Paperwork Reduction to act on SIPs and SIP revisions. Section Federal requirements and imposes no Act of 1995 (44 U.S.C. 3501 et seq.). 110(a) establishes the applicable additional requirements beyond those The Congressional Review Act (5 procedures for SIP development and imposed by State law. Accordingly, the U.S.C. 801 et seq.), as added by the submission. The trigger for these Administrator certifies that this final Small Business Regulatory Enforcement activities is the promulgation of national rule will not have a significant Fairness Act of 1996, generally provides ambient air quality standards (NAAQS); economic impact on a substantial that before a rule may take effect, the and the focus of the State’s efforts is to number of small entities under the agency promulgating the rule must develop ‘‘a plan which provides for Regulatory Flexibility Act (5 U.S.C. 601 submit a rule report, which includes a implementation, maintenance, and et seq.). Because this rule corrects an copy of the rule, to each House of the enforcement’’ of the NAAQS. Section error and approves preexisting Congress and to the Comptroller General 110(a)(1). EPA must then determine requirements under State law and does of the United States. EPA will submit a whether the submission contains the air not impose any additional enforceable report containing this rule and other quality-related components prescribed duty beyond that required by State law, required information to the U.S. Senate, in Section 110(a)(2). it does not contain any unfunded the U.S. House of Representatives, and Other than for lead, which is both a mandate or significantly or uniquely the Comptroller General of the United HAP and criteria pollutant, Section 110 affect small governments, as described States prior to publication of the rule in

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the Federal Register. A major rule rules for these compounds. The ADDRESSES: Submit your comments, cannot take effect until 60 days after it requirements in 326 IAC 1–2–48 and 1– identified by Regional Material in is published in the Federal Register. 2–90 were also modified for the EDocket (RME) by Docket ID No. EPA– This correction to 40 CFR 52 for Indiana compound t-butyl acetate. It is not R04–OAR–2008–0159 by one of the is not a ‘‘major rule’’ as defined by 5 considered a VOC for emission limits following methods: U.S.C. 804(2). and content requirements. T-butyl 1. Federal eRulemaking Portal: Under section 307(b)(1) of the Act, acetate will still be considered a VOC http://www.regulations.gov. Follow the petitions for judicial review of this for the recordkeeping, emissions on-line instructions for submitting action must be filed in the United States reporting, and inventory requirements. comments. Court of Appeals for the appropriate (i) Incorporation by reference. 2. Agency Web site: http:// circuit by August 10, 2009. Filing a (A) Indiana Administrative Code Title docket.epa.gov/rmepub/RME, EPA’s petition for reconsideration by the 326: Air Pollution Control Board, electronic public docket and comment Administrator of this final rule does not Article 1: General Provisions, Rule 2: system, is EPA’s preferred method for affect the finality of this rule for the Definitions, Section 48: receiving comments. Once in the purposes of judicial review nor does it ‘‘‘Nonphotochemically reactive system, select ‘‘quick search,’’ then key extend the time within which a petition hydrocarbon’ or ‘negligibly in the appropriate RME Docket for judicial review may be filed, and photochemically reactive compounds’ identification number. Follow the shall not postpone the effectiveness of defined’’, and Section 90: ‘‘ ‘Volatile online instructions for submitting such rule or action. This action may not organic compound’ or ‘VOC’ defined’’. comments. be challenged later in proceedings to 3. E-mail: [email protected]. Filed with the Secretary of State on 4. Fax: (404) 562–9095. enforce its requirements. (See section October 20, 2005 and effective 5. Mail: ‘‘EPA–R04–OAR–2008– 307(b)(2).) November 19, 2005. Published in 29 0159,’’ Air Toxics Assessment and List of Subjects in 40 CFR Part 52 Indiana Register 795–797 on December Implementation Section, Air Toxics and 1, 2005. Monitoring Branch, Air, Pesticides and Environmental protection, Air * * * * * Toxics Management Division, U.S. pollution control, Incorporation by Environmental Protection Agency, reference, Intergovernmental relations, [FR Doc. E9–13486 Filed 6–9–09; 8:45 am] Region 4, 61 Forsyth Street, SW., Ozone, Hazardous air pollutants, BILLING CODE 6560–50–P Atlanta, Georgia 30303–8960. Reporting and recordkeeping 6. Hand Delivery or Courier: Deliver requirements, Volatile organic your comments to: Dr. Egide N. Louis, compounds. ENVIRONMENTAL PROTECTION AGENCY Air Toxics and Monitoring Branch, U.S. Dated: April 22, 2009. Environmental Protection Agency, Walter W. Kovalick, Jr., 40 CFR Part 62 Region 4, 12th Floor, 61 Forsyth Street, Acting Regional Administrator, Region 5. SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the ■ [EPA–RO4–OAR–2008–0159(b); FRL–8912– 40 CFR Part 52 is amended as follows: 9] Regional Office’s normal hours of operation. The Regional Office’s official PART 52—[AMENDED] Approval and Promulgation of State hours of business are Monday through ■ 1. The authority citation for part 52 Plans for Designated Facilities and Friday, 8:30 to 4:30, excluding Federal continues to read as follows: Pollutants; City of Memphis, TN; holidays. Control of Emissions From Existing Instructions: Direct your comments to Authority: 42 U.S.C. 7401 et seq. Hospital/Medical/Infectious Waste RME ID No. EPA–R04–OAR–2008–0159. Subpart P—Indiana Incinerators EPA’s policy is that all comments received will be included in the public AGENCY: ■ 2. Section 52.770 is amended by Environmental Protection docket without change and may be revising paragraph (c)(176) to read as Agency (EPA). made available online at http:// follows: ACTION: Direct final rule. docket.epa.gov/rmepub/, including any personal information provided, unless § 52.770 Identification of plan. SUMMARY: EPA is approving the Clean the comment includes information * * * * * Air Act (CAA) section 111(d)/129 State claimed to be Confidential Business (c) * * * Plan submitted by the Memphis-Shelby Information (CBI) or other information (176) On December 21, 2005, Indiana County Health Department (MSCHD) for whose disclosure is restricted by statute. submitted revised regulations to the the City of Memphis, Tennessee on Do not submit information that you EPA. As a result, the compounds, February 16, 2006 (State Plan). The consider to be CBI or otherwise 1,1,1,2,2,3,3-heptafluoro-3-methoxy- State Plan is for implementing and protected through RME, regulations.gov propane, 3-ethoxy- enforcing the Emissions Guidelines (EG) or e-mail. The EPA RME Web site and 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- applicable to existing Hospital/Medical/ the Federal regulations.gov Web site are (trifluoromethyl)hexane, 1,1,1,2,3,3,3- Infectious Waste Incinerator (HMIWI) ‘‘anonymous access’’ systems, which heptafluoropropane, and methyl units that commenced construction on means EPA will not know your identity formate, are added to the list of or before June 20, 1996. or contact information unless you ‘‘nonphotochemically reactive DATES: This direct final rule will be provide it in the body of your comment. hydrocarbons’’ or ‘‘negligibly effective August 10, 2009, unless EPA If you send an e-mail comment directly photochemically reactive compounds’’ receives adverse comments by July 10, to EPA without going through RME or in 326 IAC 1–2–48 and these 2009. If adverse comments are received, regulations.gov, your e-mail address compounds are deleted from the list of EPA will publish a timely withdrawal of will be automatically captured and VOCs in 326 IAC 1–2–90. Companies the direct final rule in the Federal included as part of the comment that is producing or using the four compounds Register and inform the public that the placed in the public docket and made will no longer need to follow the VOC rule will not take effect. available on the Internet. If you submit

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an electronic comment, EPA Pursuant to subpart Ce, State Plans must limitations have been approved as being recommends that you include your include the following nine items: An at least as protective as the Federal name and other contact information in inventory of affected HMIWI units; an requirements contained in subpart Ce the body of your comment and with any inventory of emissions from affected for existing HMIWI units. disk or CD–ROM you submit. If EPA HMIWI units; compliance schedules for Requirement (5): Performance testing, cannot read your comment due to each affected HMIWI unit; operator recordkeeping, and reporting technical difficulties and cannot contact training and qualification requirements, requirements. The State Plan contains you for clarification, EPA may not be a waste management plan, and requirements for monitoring, able to consider your comment. operating limits for affected HMIWI recordkeeping, reporting, and Electronic files should avoid the use of units; performance testing, compliance assurance. This portion of special characters, any form of recordkeeping, and reporting the State Plan has been reviewed and encryption, and be free of any defects or requirements; certification that a public approved as being at least as protective viruses. hearing was held; provision for State as the Federal requirements for existing Docket: All documents in the progress reports to EPA; identification HMIWI units. The MSCHD State Plan electronic docket are listed in the RME of enforceable State mechanisms for also includes its legal authority to index at http://docket.epa.gov/rmepub/. implementing the EG; and a require owners and operators of Although listed in the index, some demonstration of the State’s legal designated facilities to maintain records information is not publicly available, authority to carry out the State Plan. and report on the nature and amount of i.e., CBI or other information whose The procedures for adoption are emissions and any other information disclosure is restricted by statute. codified in 40 CFR part 60, subpart B. that may be necessary to enable MSCHD Certain other material, such as In this action, EPA is approving the to judge the compliance status of the copyrighted material, is not placed on State Plan for existing HMIWI units facilities in the State Plan. MSCHD also the Internet and will be publicly submitted by MSCHD because it meets submitted its legal authority to provide available only in hard copy form. the requirements of 40 CFR part 60, for periodic inspection and testing, and Publicly available docket materials are subpart Ce. provisions for making reports of existing HMIWI unit emissions data, correlated available either electronically in RME or II. Discussion in hard copy at the Air Toxics with emission standards that apply, MSCHD’s 111(d)/129 State Plan for Assessment and Implementation available to the general public. implementing and enforcing the EG for Section, Air Toxics and Monitoring Requirement (6): Certification that a existing HMIWI units includes the Branch, Air, Pesticides and Toxics public hearing was held. MSCHD following: Public Participation— Management Division, U.S. provided certification that a public Demonstration that the Public Had Environmental Protection Agency, hearing was held on April 3, 2003. Adequate Notice and Opportunity to Requirement (7): Provision for State Region 4, 61 Forsyth Street, SW., Submit Written Comments and Attend progress reports to EPA. The MSCHD Atlanta, Georgia 30303–8960. EPA Public Hearing; Emissions Standards State Plan provides for progress reports requests that if at all possible, you and Compliance Schedules; Emission of plan implementation updates to EPA contact the person listed in the FOR Inventories, Source Surveillance, and on an annual basis. These progress FURTHER INFORMATION CONTACT section to Reports; and Legal Authority. EPA’s reports will include the required items schedule your inspection. The Regional approval of the State Plan is based on pursuant to 40 CFR part 60, subpart B. Office’s official hours of business are our finding that it meets the nine This portion of the State Plan has been Monday through Friday, 8:30 a.m. to requirements of 40 CFR part 60, subpart reviewed and approved as meeting the 4:30 p.m., excluding Federal holidays. Ce. Federal requirements for State Plan FOR FURTHER INFORMATION CONTACT: Dr. Requirements (1) and (2): Inventory of reporting. Egide Louis at (404) 562–9240. affected HMIWI units and inventory of Requirement (8): Identification of SUPPLEMENTARY INFORMATION: emissions. MSCHD submitted an enforceable State mechanisms for emissions inventory of all designated implementing the EG. An enforcement I. Background pollutants for existing HMIWI units mechanism is a legal instrument by On February 16, 2006, pursuant to the under their jurisdiction in the City of which MSCHD can enforce a set of CAA sections 111 and 129, EPA Memphis. This portion of the State Plan standards and conditions. Pursuant to promulgated new source performance has been reviewed and approved as the authority of the Tennessee Code standards (NSPS) applicable to new meeting the Federal requirements for Annotated (T.C.A.) Section 68–201–115, HMIWI units and EG applicable to existing HMIWI units. MSCHD is authorized to enforce existing HMIWI units. The NSPS and Requirement (3): Compliance regulations and/or ordinances for the EG are codified at 40 CFR part 60, schedules for each affected HMIWI unit. control of air pollution, which are as subparts Ce and Ec. Subparts Ce and Ec MSCHD submitted the compliance stringent as the State of Tennessee’s regulate the following: Particulate schedule for existing HMIWI units requirements. On March 2, 2004, the matter, opacity, sulfur dioxide, under their jurisdiction in the City of City of Memphis amended its Code of hydrogen chloride, oxides of nitrogen, Memphis. This portion of the State Plan Ordinances to adopt Section 16–84.1, carbon monoxide, lead, cadmium, has been reviewed and approved as ‘‘Emission Standards for Existing mercury, and dioxins and being at least as protective as Federal Hospital/Medical/Infectious Waste dibenzofurans. requirements for existing HMIWI units. Incinerators (HMIWI),’’ which is For existing sources, CAA section Requirement (4): Emission equivalent to 40 CFR part 60, subpart 129(b)(2) requires States to submit to limitations, operator training and Ce. Therefore, MSCHD’s mechanism for EPA for approval State Plans that qualification requirements, a waste enforcing the standards and conditions implement and enforce the EG management plan, and operating limits of 40 CFR, part 60, subpart Ce is the City contained in 40 CFR part 60, subpart Ce. for affected HMIWI units. MSCHD of Memphis Code, Section 16–84.1. On State Plans must be at least as protective adopted all emission standards and the basis of this rule and the rules as the EG, and become federally limitations applicable to existing identified in Requirement (9) below, the enforceable upon approval by EPA. HMIWI units. These standards and State Plan is approved as being at least

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as protective as Federal requirements for submittal and anticipates no adverse between the Federal Government and existing HMIWI units. comments. However, in the proposed Indian Tribes, or on the distribution of Requirement (9): A demonstration of rules section of this Federal Register power and responsibilities between the the State’s legal authority to carry out publication, EPA is publishing a Federal Government and Indian Tribes the State Plan. MSCHD demonstrated separate document that will serve as the as specified by Executive Order 13175 legal authority to adopt emissions proposal to approve the State Plan (65 FR 67249, November 9, 2000). This standards and compliance schedules for should adverse comments be filed. This rule also does not have federalism designated facilities; authority to rule will be effective August 10, 2009, implications because it does not have enforce applicable laws, regulations, without further notice unless the substantial direct effects on the States, standards, and compliance schedules, Agency receives adverse comments by on the relationship between the and authority to seek injunctive relief; July 10, 2009. National Government and the States, or authority to obtain information If EPA receives such comments, then on the distribution of power and necessary to determine whether EPA will publish a document responsibilities among the various designated facilities are in compliance withdrawing the final rule and levels of government, as specified in with applicable laws, regulations, informing the public that the rule will Executive Order 13132 (64 FR 43255, standards, and compliance schedules, not take effect. All public comments August 10, 1999). This rule merely including authority to require received will then be addressed in a approves a State rule implementing a recordkeeping, make inspections, and subsequent final rule based on the Federal standard, and does not alter the conduct tests at designated facilities; proposed rule. EPA will not institute a relationship or the distribution of power authority to require owners or operators second comment period on this action. and responsibilities established in the of designated facilities to install, Parties interested in commenting on this Clean Air Act. This rule also is not maintain and use emission monitoring action should do so at this time. If no subject to Executive Order 13045 devices and to make periodic reports to such comments are received, this action ‘‘Protection of Children from MSCHD on the nature and amount of is effective August 10, 2009 and no Environmental Health Risks and Safety emissions from such facilities; and further action will be taken on the Risks’’ (62 FR 19885, April 23, 1997), authority to make emissions data proposed rule. Please note that if we because it is not economically publicly available. receive adverse comment on an significant. MSCHD cites the following references amendment, paragraph, or section of In reviewing 111(d)/129 plan for the legal authority noted above: this rule, and if that provision may be submissions, EPA’s role is to approve Adopt emission standards and severed from the remainder of the rule, State choices, provided that they meet compliance schedules—T.C.A. Section we may adopt as final those provisions the criteria of the Clean Air Act. In this 68–201–115(b)(3), and the City of of the rule that are not the subject of an context, in the absence of a prior Memphis Code 16–84.1(c) and 16– adverse comment. 84.1(d); enforce applicable laws, existing requirement for the State to use regulations, standards, and compliance IV. Statutory and Executive Order voluntary consensus standards (VCS), schedules, and seek injunctive relief— Reviews EPA has no authority to disapprove a T.C.A. 68–201–105, T.C.A. 68–201–108, Under Executive Order 12866 (58 FR 111(d)/129 plan submission for failure T.C.A. 68–201–109, T.C.A. 68–201–110, 51735, October 4, 1993), this rule is not to use VCS. It would thus be and T.C.A. 68–201–112, and the City of a ‘‘significant regulatory action’’ and inconsistent with applicable law for Memphis Code 16–84.1; obtain therefore is not subject to review by the EPA, when it reviews a 111(d)/129 plan information necessary to determine Office of Management and Budget. For submission, to use VCS in place of a compliance—T.C.A. Section 68–201– this reason, this action is also not 111(d)/129 plan submission that 105 and T.C.A. Section 68–201– subject to Executive Order 13211, otherwise satisfies the provisions of the 115(b)(3); require recordkeeping, make ‘‘Actions Concerning Regulations That Clean Air Act. Thus, the requirements of inspections and conduct tests—City of Significantly Affect Energy Supply section 12(d) of the National Memphis Code 16–84.1(g), and 16– Distribution, or Use’’ (66 FR 28355, May Technology Transfer and Advancement 84.1(i), and T.C.A. 68–201–107; require 22, 2001). This action merely approves Act of 1995 (15 U.S.C. 272 note) do not the use of monitors and require State law as meeting Federal apply. This rule does not impose an emission reports of owners and requirements and imposes no additional information collection burden under the operators—City of Memphis Code 16– requirements beyond those imposed by provisions of Paperwork Reduction Act 84.1(h) and City of Memphis Code 16– State law. Accordingly, the of 1995 (44 U.S.C. 3501 et seq.). 84.1(i); and make emissions data Administrator certifies that this rule The Congressional Review Act, 5 publicly available—City of Memphis will not have a significant economic U.S.C. 801 et seq., as added by the Small Code 16–84.1(i). impact on a substantial number of small Business Regulatory Enforcement EPA is approving the State Plan for entities under the Regulatory Flexibility Fairness Act of 1996, generally provides existing HMIWI units submitted by Act (5 U.S.C. 601 et seq.). Because this that before a rule may take effect, the MSCHD because it meets the nine rule approves pre-existing requirements agency promulgating the rule must requirements of 40 CFR part, 60, subpart under State law and does not impose submit a rule report, which includes a Ce. any additional enforceable duty beyond copy of the rule, to each House of the that required by State law, it does not Congress and to the Comptroller General III. Final Action contain any unfunded mandate or of the United States. EPA will submit a In this action, EPA approves the significantly or uniquely affect small report containing this rule and other 111(d)/129 State Plan submitted by governments, as described in the required information to the U.S. Senate, MSCHD for the City of Memphis to Unfunded Mandates Reform Act of 1995 the U.S. House of Representatives, and implement and enforce 40 CFR part 60, (Pub. L. 104–4). the Comptroller General of the United subpart Ce, as it applies to existing This rule also does not have Tribal States prior to publication of the rule in HMIWI units. EPA is publishing this implications because it will not have a the Federal Register. A major rule rule without prior proposal because substantial direct effect on one or more cannot take effect until 60 days after it EPA views this as a noncontroversial Indian Tribes, on the relationship is published in the Federal Register.

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This rule is not a ‘‘major rule’’ as construction was commenced on or the Internet and will be publicly defined by 5 U.S.C. 804(2). before June 20, 1996. available only in hard copy form. Under section 307(b)(1) of the Clean [FR Doc. E9–13595 Filed 6–9–09; 8:45 am] Publicly available docket materials are Air Act, petitions for judicial review of available either in the electronic docket BILLING CODE 6560–50–P this action must be filed in the United at http://www.regulations.gov, or, if only States Court of Appeals for the available in hard copy, at the Office of appropriate circuit within 60 days from ENVIRONMENTAL PROTECTION Pesticide Programs (OPP) Regulatory the effective date of this rule. Filing a AGENCY Public Docket in Rm. S–4400, One petition for reconsideration by the Potomac Yard (South Building), 2777 S. Administrator of this final rule does not 40 CFR Part 180 Crystal Drive Arlington, VA. The hours affect the finality of this rule for the of operation of this Docket Facility are purposes of judicial review nor does it [EPA–HQ–OPP–2007–0395; FRL–8412–1] from 8:30 a.m. to 4 p.m., Monday extend the time within which a petition Residues of Silver in Foods from Food through Friday, excluding legal for judicial review may be filed, and Contact Surface Sanitizing Solutions; holidays. The Docket telephone number shall not postpone the effectiveness of Exemption from the Requirement of a is (703) 305–5805. such rule or action. This rule may not Tolerance FOR FURTHER INFORMATION CONTACT: be challenged later in proceedings to Marshall Swindell, Antimicrobials enforce its requirements. (See section AGENCY: Environmental Protection Division (7510P), Office of Pesticide 307(b)(2).) Agency (EPA). Programs, Environmental Protection List of Subjects in 40 CFR Part 62 ACTION: Final rule. Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone Environmental protection; SUMMARY: This regulation amends the number: (703) 308–6341; e-mail address: Administrative practice and procedure; exemption from the requirement of a [email protected]. Air pollution control; Intergovernmental tolerance for residues of silver (excludes SUPPLEMENTARY INFORMATION: relations; Reporting and recordkeeping silver salts) in or on all foods when requirements. applied or used in public eating places, I. General Information Dated: April 10, 2009. dairy processing equipment, and food- A. Does this Action Apply to Me? Beverly H. Banister, processing equipment. ETO H2O, Inc., submitted a petition to EPA under the You may be potentially affected by Acting, Regional Administrator, Region 4. Federal Food, Drug, and Cosmetic Act this action if you are a dairy cattle milk ■ 40 CFR part 62, subpart RR, is requesting to establish concentration producer, food manufacturer, or amended as follows: limits for silver in end-use solutions beverage manufacturer. Potentially eligible for tolerance exemption. The affected entities may include, but are PART 62—[AMENDED] regulation being established will exempt not limited to: • all foods from the requirement of a Food Manufacturing (NAICS code ■ 1. The authority citation for Part 62 tolerance for residues of silver resulting 311). continues to read as follows: • from contact with surfaces treated with Beverage Manufacturing (NAICS Authority: 42 U.S.C. 7401 et seq. code 3121). solutions in which the end-use • concentration of silver is not to exceed Dairy Cattle Milk Production Subpart RR—Tennessee 50 parts per million (ppm). (NAICS code 11212). This listing is not intended to be ■ 2. Section 62.10626 is amended by DATES: This regulation is effective June exhaustive, but rather provides a guide adding paragraphs (b)(6) and (c)(3) to 10, 2009. Objections and requests for for readers regarding entities likely to be read as follows: hearings must be received on or before affected by this action. Other types of August 10, 2009 and must be filed in § 62.10626 Identification of plan. entities not listed in this unit could also accordance with the itructions provided be affected. The North American * * * * * in 40 CFR part 178 (see also Unit I.C. of Industrial Classification System (b) * * * the SUPPLEMENTARY INFORMATION). (NAICS) codes have been provided to (6) City of Memphis Implementation ADDRESSES: EPA has established a assist you and others in determining Plan: Federal Emission Guidelines docket for this action under docket whether this action might apply to Hospital/Medical/Infectious Waste identification (ID) number EPA–HQ– certain entities. To determine whether Incinerators (HMIWI), submitted on OPP–2007–0395. To access the you or your business may be affected by February 16, 2006, by the Memphis and electronic docket, go to http:// this action, you should carefully Shelby County Health Department. www.regulations.gov, select ‘‘Advanced examine the applicability provisions in (c) * * * Search,’’ then ‘‘Docket Search.’’ Insert 40 CFR 180.940 (a) Tolerance (3) Existing Hospital/Medical/ the docket ID number where indicated Infectious Waste Incinerators exemptions for active and inert and select the ‘‘Submit’’ button. Follow ingredients for use in antimicrobial ■ 3. Part 62 is amended by adding a new the instructions on the regulations.gov formulations (Food-contact surface undesignated center heading to subpart web site to view the docket index or sanitizing solutions). If you have any RR and a new § 62.10632 to read as access available documents. All questions regarding the applicability of follows: documents in the docket are listed in this action to a particular entity, consult Air Emissions From Existing Hospital/ the docket index available in the person listed under FOR FURTHER Medical/Infectious Waste Incinerators regulations.gov. Although listed in the INFORMATION CONTACT. (HMIWI)—Section 111(d)/129 Plan index, some information is not publicly available, e.g., Confidential Business B. How Can I Access Electronic Copies § 62.10632 Identification of sources. Information (CBI) or other information of this Document? The Plan applies to all existing HMWI whose disclosure is restricted by statute. In addition to accessing an electronic facilities at St. Jude Children’s Hospital Certain other material, such as copy of this Federal Register document in the City of Memphis, for which copyrighted material, is not placed on through the electronic docket at http://

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www.regulations.gov, you may access II. Background and Statutory Findings section 408(c)(2)(B), in establishing or this Federal Register document In the Federal Register of July 11, maintaining in effect an exemption from electronically through the EPA Internet 2007 (72 FR 37779) (FRL–8136–1), EPA the requirement of a tolerance, EPA under the ‘‘Federal Register’’ listings at issued a notice pursuant to section must take into account the factors set http://www.epa.gov/fedrgstr. You may 408(d)(3) of the FFDCA, 21 U.S.C. forth in section 408(b)(2)(C), which also access a frequently updated 346a(d)(3), announcing the filing of an requires EPA to give special electronic version of 40 CFR part 180 pesticide tolerance petition (PP 7F7178) consideration to exposure of infants and through the Government Printing by ETO H20, Inc, 1725 Gillespie Way, children to the pesticide chemical Office’s pilot e-CFR site at http:// El Cajon, CA 92020. The petition residue in establishing a tolerance and www.gpoaccess.gov/ecfr. requested that 40 CFR 180.940(a) be to ‘‘ensure that there is a reasonable amended by establishing concentration certainty that no harm will result to C. Can I File an Objection or Hearing infants and children from aggregate Request? limits for Silver in end-use solutions eligible for the tolerance exemption in exposure to the pesticide chemical Under section 408(g) of the FFDCA, as all foods from treatment of food contact residue....’’ EPA performs a number of analyses to amended by the FQPA, any person may surfaces in public eating establishments, determine the risks from aggregate file an objection to any aspect of this dairy processing equipment, and food exposure to pesticide residues. First, regulation and may also request a processing equipment and utensils not EPA determines the toxicity of hearing on those objections. The EPA to exceed silver at 50 ppm. The notice pesticides. Second, EPA examines procedural regulations which govern the referenced a summary of the petition prepared by ETO H20, Inc., 90 Boroline exposure to the pesticide through food, submission of objections and requests drinking water, and through other for hearings appear in 40 CFR part 178. Rd Allendale, NJ 07401, the registrant, which is available to the public in the exposures that occur as a result of You must file your objection or request pesticide use in residential settings. a hearing on this regulation in docket at www.regulations.gov, Docket accordance with the instructions ID Number EPA–HQ–OPP–2007–0395. III. Toxicological Profile There were no comments received in provided in 40 CFR part 178. To ensure A. Toxic Effects proper receipt by EPA, you must response to the notice of filing. identify docket ID number EPA–HQ– In drafting the regulatory language for Consistent with section 408(b)(2)(D) OPP–2007–0395 in the subject line on this exemption, EPA has adopted more of FFDCA, EPA has reviewed the the first page of your submission. All restrictive language than suggested in available scientific data and other requests must be in writing, and must be the petition to ensure that the scope of relevant information in support of this mailed or delivered to the Hearing Clerk the exemption does not exceed the form action and considered its validity, on or before August 10, 2009. of silver evaluated in the risk completeness and reliability and the assessment supporting this action. As relationship of this information to In addition to filing an objection or revised, the tolerance expression would human risk. EPA has also considered hearing request with the Hearing Clerk now read: available information concerning the as described in 40 CFR part 178, please Silver ions resulting from the use of variability of the sensitivities of major submit a copy of the filing that does not identifiable subgroups of consumers, contain any CBI for inclusion in the electrolytically-generated silver ions stabilized in citric acid as silver dihydrogen including infants and children. The public docket that is described in citrate (does not include metallic silver). nature of the toxic effects caused by ADDRESSES. Information not marked silver are discussed in this unit. confidential pursuant to 40 CFR part 2 This revised tolerance expression Silver ions and preparations may be disclosed publicly by EPA excludes any other silver-containing containing silver in an ionic state have without prior notice. Submit your compounds whether they are other been used for over a century for copies, identified by docket ID number silver salts, complexes with inorganic medicinal and bactericidal purposes. EPA–HQ–OPP–2007–0395, by one of polymers such as zeolites, or metallic Because of its bactericidal properties, the following methods: silver in any form or dimension silver has been used as a topical • Federal eRulemaking Portal: http:// including nanoscale. treatment for burns, as a treatment for www.regulations.gov. Follow the on-line EPA understands that this petition venereal diseases, as an ingredient in instructions for submitting comments. was not intended to extend to silver cosmetic formulations and in the salts accordingly EPA has modified the sanitation of swimming pools and hot • Mail: Office of Pesticide Programs regulatory language to make this clear. tubs/spas. Silver has also been used in (OPP) Regulatory Public Docket (7502P), Section 408(c)(2)(A)(i) of the FFDCA dentistry (as amalgams and as an Environmental Protection Agency, 1200 allows EPA to establish an exemption ingredient in mouth washes), in Pennsylvania Ave., NW.,Washington, from the requirement for a tolerance (the acupuncture, jewelry making, and DC 20460–0001. legal limit for a pesticide chemical photography. Silver can be found in • Delivery: OPP Regulatory Public residue in or on a food) only if EPA electroplating as well as in paints and Docket (7502P), Environmental determines that the tolerance is ‘‘safe.’’ in water purification systems. Protection Agency, Rm. S–4400, One Section 408(c)(2)(A)(ii) defines ‘‘safe’’ to The toxicity of silver is well Potomac Yard (South Building), 2777 S. mean that ‘‘there is a reasonable understood based on epidemiological Crystal Drive, Arlington, VA. Deliveries certainty that no harm will result from data from humans, toxicology data in are only accepted during the Docket’s aggregate exposure to the pesticide animals, and documented information normal hours of operation (8:30 a.m. to chemical residue, including all on the metabolism of silver in 4 p.m., Monday through Friday, anticipated dietary exposures and all mammalian species. Unlike for other excluding legal holidays). Special other exposures for which there is pesticides, EPA does not have a arrangements should be made for reliable information.’’ This includes conventional check-list of guideline deliveries of boxed information. The exposure through drinking water and in laboratory animal studies to assess docket telephone number is (703) 305– residential settings, but does not include human risk from exposure to silver. 5805. occupational exposure. Pursuant to Based on the extensive past uses of

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silver and EPA’s knowledge and behavior at 30 mg/kg. The observed remaining fraction accounts for the experience about those uses of the effects in maternal animals would not background levels of silver that are compound, however, it is apparent that be expected to occur in humans and are found within the body. At excessive humans and laboratory animals do not frequently observed in animal studies. doses, the pathways of elimination handle elevated doses of silver in the These observations, when made in the become saturated and deposition of same manner. For this reason, absence of other clinical findings are not these complexes in the tissues is additional conventional laboratory considered adverse when establishing a increased. The formation of these animal toxicity studies would not ‘‘no adverse effect level.’’ More complexes and deposition in the skin, provide a better understanding of the importantly, the results from this study mucous membranes, and conjunctiva is effects of silver in humans. Further, the did not demonstrate an increased the primary mechanism which results in Agency has determined that silver and susceptibility of offspring, nor did it the development of argyria. Based on several of its salts (chloride, sulfate demonstrate systemic toxicity. This information from biomonitoring studies, nitrate and acetate) can be reviewed study corroborates the use of the the lowest observed effect level for the together because these silver salts react information provided by the human formation of argyria was 1 gram (total similarly in aqueous media and the biomonitoring study in determining dose), which was converted to an oral major active ion is the silver ion. dietary limits for silver and further dose of 0.014 mg/kg/day. A human biomonitoring study supports our decision to not rely on B. Regulatory Levels conducted in 1935, as reported in the animal data when assessing the health Journal of the American Medical effects of silver in humans. Safe exposure levels for silver have Association by L.E. Gaul and H.E. In addition to the information gleaned been established by several regulatory Staud, has served as the basis for from the biomonitoring studies and the Agencies including the Food and Drug establishing regulatory limits for silver developmental toxicity study, the Administration, Occupational Safety in drinking water and in the diet. The reviews of the literature by other EPA and Health Administration and other results from this study were further offices and national and inter-national offices within EPA based on the supported by the results from an organizations provide supplemental common endpoint argyria and using the inhalation study conducted by Pillsbury support that argyria is the primary effect same human studies. Argyria is a blue- and Hill in 1939, which established in humans (e.g. EPA’s Integrated Risk gray discoloration of the skin and is not inhalation limits for silver in humans. Management System, Agency for Toxic considered as being of toxicological In both studies, the effect of concern Substances and Disease Registry, the concern. Argyria is cosmetically was argyria, a bluish discoloration of the World Health Organization). Also the disfiguring and permanent in nature; skin. Argyria, while a permanent acute oral toxicity studies that have however, the occurrence of this condition, is a cosmetic condition. The been provided to support the condition does not adversely affect function of the skin as an organ is not registration of silver as an antimicrobial organ function or threaten human compromised and the resulting agent establish LD50s between 2,000 and health. EPA believes that by regulating discoloration is not associated with 5,000 mg/kg. These values are above the for argyria, it is protecting the public systemic toxicity. In the 1935 study by limit dose for acute toxicity. For other from this permanent cosmetic effect as Gaul and Staud, silver was administered silver salts, such as silver cyanide, the well as any potential toxic for medicinal purposes to 70 patients for LD50 values may be significantly lower manifestations of silver that may occur periods from 2 to 9 years. Of the 70 based on the molecules to which the at much higher doses. There is no patients receiving medicinal silver, 1/70 silver ions are attached. For the animal condition that would mimic the developed argyria after receiving an antimicrobial silver covered by this dermatologic form of argyria found in intravenous dose of 1 gram. This exemption, the LD50 ranges are very humans following exposure to silver by intravenous dose was converted to an high because the silver ions have very various routes. This may be due in part oral dose of 0.014 milligram/kilogram/ low acute toxicity. to the protection imparted by the day (mg/kg/day) and was considered a Finally, the pharmacokinetics of presence of the fur or by the fact that lowest observed effect level. Other silver is understood and may explain laboratory animal species are not patients did not develop argyria until the low systemic toxicity potential of routinely exposed to direct sunlight. doses five times higher were the compound. Pharmacokinetics Argyrosis, a form of argyria which administered. This study and an describes what the body does to a involves silver deposition in organs, has inhalation biomonitoring study by chemical when it is introduced into the been documented. In laboratory species, Pillsbury, et al, clearly determined the body including how it is metabolized, the effects of silver toxicity have been endpoint of concern for humans. distributed, and eliminated. When silver reported to involve pathology to the Interestingly, the skin form of argyria is introduced into the body by the oral liver (necrosis) and kidney (thickening has not been reported in laboratory or dietary route, it is absorbed by the of the basement membranes of the animals when doses that are digestive system and then enters the glomeruli), and, at elevated levels, approximately 4 orders of magnitude liver before it reaches the rest of the death. higher (100 mg/kg) are administered. body (referred to as first-pass The effect on which silver is regulated Further support for not requiring metabolism). This first pass through the (argyria) occurs only after chronic additional laboratory animal studies for liver greatly reduces the bioavailability exposure. Both the Secondary silver is provided from the results of the of silver in that about 90% of the orally Maximum Contamination Level (SMCL) developmental toxicity study in rats, administered dose is eliminated in the reported by the EPA’s Office of Water conducted by the National Toxicology feces. The remaining 10% that is not and the oral reference dose (RfD) Program (NTP). In a developmental eliminated in the feces, reacts with reported under the EPA’s Integrated study conducted in 2002, silver acetate proteins by binding to a specific Risk Information System (IRIS) were was administered by gavage on days 6 chemical group contained in the determined based on the previously- – 19 of gestation. No developmental structure of the protein. By forming mentioned human biomonitoring by effects were reported at doses up to 100 silver-protein complexes through this Gaul and Staud. For the SMCL, mg/kg; maternal animals were observed binding action, the remaining silver is additional mathematical derivations to have piloerection and rooting removed from circulation. This were applied to the oral equivalent dose

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to the study Lowest Observed Adverse mechanism leading to argyria following sanitizing solution is applied to these Effect Level (LOAEL) of 0.014 mg/kg/ other routes of exposure. Systemic various surfaces by spraying (trigger, day to obtain a 0.1 milligram/Liter (mg/ uptake and distribution of silver spraying, coarse pump), wiping with a L) dose level. The factors applied for following dermal exposure does not cloth or sponge, mopping, or by full changing volume to mass account for occur, and the discoloration is the result immersion. As a result of these uses, the slight difference in the values of a localized reaction. Again, the effect residues are expected to transfer to the reported for the SMCL (0.003 mg/kg/ is not adverse and there is no reason to food that comes into contact with these day) and for the RfD (0.005 mg/kg/day). believe that there would be an increase treated surfaces and subsequently to be In deriving the chronic dietary in susceptibility based on age to the ingested by humans. regulatory level (RfD) and the SMCL, a nontoxic discoloration. Susceptibility to 1. Food. The Agency assessed chronic safety factor of 3X was applied based on this cosmetic event is a function of dose dietary exposure from the use of silver the following rationale as reported by and not age. as a food contact sanitizer. The dietary the Office of Water and IRIS. First, the assessment was only completed for critical effect was cosmetic and not of IV. Aggregate Exposures chronic routes because the regulatory toxicological significance. Second, the To establish a tolerance, it must be effect that has been identified is based derivation of the LOAEL included the shown ‘‘that there is reasonable on argyria, one that occurs only after most sensitive individual since other certainty that no harm will result from chronic exposure. For dietary exposures patients did not present with argyria aggregate exposure to pesticide from this product being used on unless dose levels five times higher chemical residue, including all countertops, the Incidental Dietary were administered. Finally, in the anticipated dietary exposures and other Residential Exposure Assessment human biomonitoring study, silver was exposures for which there are reliable Model, IDREAMTM incorporates administered to these individuals over a information.’’ Aggregate exposure is the consumption data from USDA’s period of time that is in excess of total exposure to a single chemical (or Continuing Surveys of Food Intakes by chronic exposure and that approaches a its residues) that may occur from dietary Individuals (CSFII), 1994-1996 and level that would be considered a life (i.e., food and drinking water), 1998. The 1994-1996, and 1998 data are time exposure duration. Therefore, the residential, and other non-occupational based on the reported consumption of dose that was administered was sources, and from all known or more than 20,000 individuals over two determined as being one that would plausible exposure routes (oral, dermal, non-consecutive survey days. The mimic lifetime exposure. and inhalation). maximum rate for silver is 50 ppm For the oral exposure route, the Silver is commonly used for a variety active ingredient. Agency is relying on the drinking water of non-pesticidal industrial uses, which The use on utensils, dishes and glass Secondary Maximum Contaminant include but are not limited to was assessed. Based on conservative Level (SMCL) of 0.1 mg/L (0.003 mg/kg/ photography, cosmetics, sunscreens, calculations, risk concerns were day) based on skin discoloration and manufacture of inks and dyes, mirror identified. At this time, a label graying of the whites of eyes (argyria). production, and in jewelry. These restriction will be required that The Agency applied an additional 3X sources result in primary exposures prohibits the use on utensils, dishes and uncertainty factor to further address the being via the dermal route. As glassware until a residue transfer study lack of a NOAEL in the study on which previously mentioned, the consequence has been conducted and accepted by the this assessment and all regulatory of silver exposures via the dermal route Agency. advisories are set. This additional 3X is dermal argyria, which does not Agricultural Premises-Dairy Facilities. factor was not imposed due to the lack contribute to the systemic argyria Dietary exposures from these general or need for additional standard animal induced by oral and inhalation routes of premise uses are expected to be much toxicity testing. Thus, a composite exposures. Silver has also been used in lower than the dietary exposure database factor of 10X is being applied dentistry (as amalgams) and as an resulting from the surface disinfectant to account for a lack of NOAEL in the ingredient in mouth washes. However, and sanitizing uses considered for this Gaul and Staud (1935) study. This there is no documented evidence of tolerance exemption: therefore, the composite factor of 10 should be argyria developing from dental or mouth agricultural uses were not assessed sufficient for providing protection from wash uses of silver despite its separately. However, the sanitization of the non-toxic effects which may result widespread and frequent use in food processing equipment permits from chronic oral exposure to silver. dentistry for over a century; product contact with the interior of Chronic Dietary Reference Dose (RFD) = consequently, EPA concludes that the equipment. The milk-truck model 0.003 mg/kg/day ÷ 3 = 0.001 mg/kg/day level of exposure from the dental and (described in the FDA document, mouthwash uses is negligible. ‘‘Sanitizing Solutions: Chemistry Alternatively, a roughly equivalent Therefore, EPA did not aggregate the Guidelines for Food Additive Petitions’’, chronic RfD can be derived by dividing exposures resulting from these various pages 9-10)(FDA 2003) for these types of the oral equivalent dose from the Gaul uses with pesticidal exposure sources. uses was executed in order to estimate and Staud study (0.014 mg/kg/day) by a residues that could transfer from treated factor of 10X. A. Dietary Exposure surfaces to food. From this guidance, it Following dermal exposure, silver Under the current proposal (PP was conservatively assumed that a child ions tend to bind to the skin and do not 7F7178), silver will be used as a will consume 320 grams of milk per day penetrate the skin to cause systemic sanitizer for food contact surfaces, (90th percentile value) and an adult will effects. Rather, skin discoloration is the resulting in dietary, drinking water, and consume 125 grams milk per day (mean only effect induced by silver exposure residential exposures. The use sites value). Because EPA has utilized this through the dermal route. Although this include but are not limited to: Food maximized value for children along discoloration appears to be the same service facilities, cafeterias, households, with a child’s body weight in this effect that results from oral and kitchens, food preparation areas, food assessment, EPA has confidence that the inhalation exposure, the mechanism by processing equipment and treated calculations are conservative and which discoloration occurs following surfaces, such as countertops, representative of any potential risks to dermal exposure is not the same as the equipment, and appliances. The any population.

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The Agency assumes that the as indoor hard surface applications will assumed to be negligible. Additionally, sanitized tank truck which transports result in minimal, if any, runoff of silver any drinking water risks from the milk is a conservative estimate of into the surface water. The use of silver impregnated filters are assumed to be residue that is available in food as a food contact surface sanitizer will represented by the dietary risks processing facilities. result in minimal, if any, runoff of silver resulting from hard surface sanitization. Milk undergoes no additional dilution into the surface water. This use will The Agency believes that an assessment prior to reaching the consumer and it is result in an insignificant contribution to of any potential risks resulting from also assumed that 100% of the residues drinking water exposures. In addition to silver in drinking water is not warranted available post sanitation is transferred to sanitization, silver is registered as an at this time. the food. active ingredient in water filters. The Therefore, based on the uses of silver Additionally, the dietary contribution bacteriostatic water filters are outlined in the pesticide petition, the as a result of food processing equipment impregnated with silver and may result sanitization is so extremely small that it in residues in the drinking water Agency believes that risks resulting is considered negligible and not supply. However, the levels of available from silver in drinking water will be included in the combined or aggregate residues resulting from impregnated negligible and that an assessment is not assessments. water filters are much less when in warranted at this time. 2. Drinking water exposure. There are comparison to the amount of residues Table 1 provides a comprehensive no outdoor or potable human drinking that will be available for intake when summary of all of the use patterns water system uses for the use of silver silver-containing liquid concentrates are potentially resulting in dietary exposure proposed in pesticide petition (PP) used. As a result, any drinking water that were considered for this tolerance 7F7178. In addition, the uses identified exposures from the new use of silver are exemption.

TABLE 1.—POTENTIAL USE SCENARIOS

Use Site Category Example Use Sites Scenarios

Use Site Category I: Agricultural Premises and Dairy farms, hog farms, equine farms Application to hard surface (feeding dishes, Equipment bottling equipment, floors, etc) through coarse spraying (low pressure spray), trig- ger pump spray, wipe/sponge, mop, and immersion

Use Site Categories II, III, and V: Food Han- Food processing plants; Hospitals; Public Application to hard surfaces through coarse dling, Commercial/Institutional/Industrial, places (e.g., restaurants, hotel/motel spraying (low pressure spray), trigger pump Medical rooms); Medical/Dental offices; Nursing spray, wipe/sponge, mop, and immersion. home; Schools, Cruise ships, Dining Halls. Some examples of surfaces include: sinks, cutting boards, counter tops, kitchen appli- ances, breast pumps and parts, baby bot- tles, ice chests, and various others that are summarized on the proposed label.

Use Site Category IV: Residential and Public Homes, kitchens Application to hard surfaces through coarse Access Premises spraying (low pressure spray), trigger pump spray, wipe/sponge, mop, and immersion. Examples of the hard surfaces include those identified for Use Site Categories II, III, and V.

B. Other Non-Occupational Exposure only as a result of chronic exposures. In prolonged contact with the product may addition, incidental ingestion (hand to cause skin discoloration. The residential exposure assessment mouth behavior of a child on a treated Other non-pesticidal industrial uses considers all potential non-occupational floor) as well as dermal exposures of silver include, but are not limited to, pesticide exposure, other than exposure resulting from a child contacting a photography, cosmetics, sunscreens, due to residues in food or in drinking freshly cleaned floor are considered manufacture of inks and dyes, mirror water. Exposures may occur during and short-term in duration. production, and in jewelry. All these after application on hard surfaces (e.g., uses may result in exposures via the floors). Each route of exposure Based on the fact that silver will exist dermal route, which over a chronic (incidental oral, dermal, inhalation) is in the ionic form, which does not duration, may cause skin discoloration. considered where appropriate. The risks volatilize, any post-application However, dermal exposures resulting to handlers are quantitatively assessed inhalation exposures to vapors are from these uses are not appropriate to based on the nature of the chemical. As expected to be negligible. Essentially, include in this aggregate exposure previously stated, there are no adverse there are no toxicological consequences assessment. It has been previously toxicological consequences (systemic or (systematic or irritation) resulting from concluded that systemic uptake and irritation) resulting from contact with contact with silver other than distribution of silver does not occur via silver other than skin discoloration. discoloration. Table 2 outlines the use the dermal route. The specific uses of Residential exposures are short-term (< patterns and routes of exposure that silver that were considered for this 30 days) and intermediate-term (1 to 6 were considered for purposes of a non aggregate assessment include the months) in nature. As supported in the dietary residential assessment. The cleansing of hard surfaces in various toxicological discussion, however, silver Agency will request that label claim be food handling, institutional, medical ion produces only cosmetic effects and placed on the label to advise users that and residential premises. Exposures

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resulting from freshly cleaned surfaces are considered not to be of concern to the Agency.

TABLE 2.—REPRESENTATIVE USES ASSOCIATED WITH RESIDENTIAL EXPOSURE

Representative Use Exposure Scenario Application Method Application Rate

Indoor Hard Surfaces ST Handler: Dermal and Inha- Liquid Pour 4.17 E-04 lb ai/gal lation; (0.005% ai x 8.34 lb/gal)

ST and IT Post-app1: child in- Mopping 50 ppm silver ion cidental ingestion and der- Wiping mal Trigger Pump Spray Low Pressure Spray (coarse spray) Immersion2 ST = Short-term exposure, IT = Intermediate-term exposure 1 IT post-application exposures to children were assessed because this product could be used in a commercial day care facility. 2 The handler exposures associated with liquid pouring of this product are representative of those associated with immersion (standing solution).

V. Cumulative Effects value of 10X, or uses a different the exposure assessment for silver is Section 408(b)(2)(D)(v) of FFDCA additional safety factor when reliable very conservative. requires that, when considering whether data available to EPA support the choice For dermal exposure, silver ions tend to establish, modify, or revoke a of a different factor. to bind to the skin and do not penetrate tolerance, the Agency consider 2. Prenatal and postnatal sensitivity. the skin to cause systemic effects. Thus, ‘‘available information’’ concerning the There is extensive data and analysis on systemic uptake and distribution of cumulative effects of a particular silver’s toxicity in the historical data/ silver does not occur following dermal pesticide’s residues and ‘‘other literature and the regulatory advisories exposure. Skin discoloration is the only substances that have a common established by other Federal Agencies, effect due to a localized reaction. Based mechanism of toxicity.’’ which do not indicate an increased on the above findings, a FQPA safety Unlike other pesticides for which EPA susceptibility of children to the toxic factor of 1X should be applied to the has followed a cumulative risk approach effects of silver. A NTP developmental chronic dietary RfD for assessing dermal based on a common mechanism of toxicity study concluded that the exposure. An additional safety factor is toxicity, EPA has not made a common NOAEL recorded for developmental not required for the protection of infants mechanism of toxicity finding between toxicity in rats receiving gavage doses of and children because there would not silver and any other substances and silver acetate, was greater than 100 mg/ be an increase in susceptibility to this silver does not appear to produce a toxic kg when the test material was cosmetic nontoxic effect. This cosmetic metabolite produced by other administered on gestation days 6 event is a function of the dermal contact substances. For the purposes of this through 19. No increase in susceptibility dose not age. Furthermore, the approach tolerance exemption action, therefore, was apparent in this study. taken to assess risk from dermal EPA has not assumed that silver has a Furthermore, silver nitrate has been exposure is very conservative in that the common mechanism of toxicity with used for decades to treat neonatal Agency has based its dermal risk other substances. For information conjunctivitis. Finally, there is no assessment on the systemic oral dose regarding EPA’s efforts to determine reason to believe that the effects that are that was used to establish the oral/ which chemicals have a common observed following the administration dietary risks. of silver would warrant additional mechanism of toxicity and to evaluate VII. Aggregate Risks and Determination safety factors for children. The skin is the cumulative effects of such of Safety chemicals, see the policy statements the target organ and the deposition of released by EPA’s Office of Pesticide silver should not be age dependent. Safety is assessed for acute and Programs concerning common Moreover, because EPA believes that the chronic risks by comparing aggregate mechanism on EPA’s website at http:// Gaul and Staud study adequately exposure to the pesticide to the acute www.epa.gov/pesticides/cumulative. characterizes variability in human population adjusted dose (aPAD) and sensitivity, EPA is not applying an intra- chronic population adjusted dose VI. Safety Factor for Infants and species uncertainty factor in deriving (cPAD). The aPAD and cPAD are Children- the chronic RfD for silver. calculated by dividing the LOC by all 1. In general. Section 408(b)(2)(C) of 3. Conclusion. Although EPA is not applicable uncertainty/safety factors. FFDCA provides that EPA shall apply applying an inter-species uncertainty For linear cancer risks, EPA calculates an additional tenfold (10X) margin of factor (because of reliance on human the probability of additional cancer safety for infants and children in the data) or an intra-species uncertainty cases given aggregate exposure. Short- case of threshold effects to account for factor (because human sensitivity has term, intermediate-term, and long-term prenatal and postnatal toxicity and the been adequately characterized), EPA is risks are evaluated by comparing completeness of the database on toxicity retaining the 10X FQPA safety factor in aggregate exposure to the LOC to ensure and exposure unless EPA determines assessing oral risk to address the fact that the margin of exposure (MOE) based on reliable data that a different that the dose used to determine the called for by the product of all margin of safety will be safe for infants chronic RfD showed effects from silver applicable uncertainty/safety factors is and children. This additional margin of (argyria). In making this determination, not exceeded. safety is commonly referred to as the EPA took into account that argyria is not For a tolerance to be found to be safe, FQPA safety factor (SF). In applying this a toxic effect, there is no evidence of it must be shown ‘‘that there is provision, EPA either retains the default increased sensitivity in the young, and reasonable certainty that no harm will

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result from aggregate exposure to 4. Determination of safety. Based on under section 408(d) of FFDCA, such as pesticide chemical residue, including these risk assessments, EPA concludes the tolerance in this final rule, do not all anticipated dietary exposures and that there is reasonable certainty that no require the issuance of a proposed rule, other exposures for which there are harm will result to the general the requirements of the Regulatory reliable information.’’ Aggregate population or to infants and children Flexibility Act (RFA) (5 U.S.C. 601 et exposure is the total exposure to a single from aggregate exposure to silver seq.) do not apply. chemical (or its residues) that may occur residues. This final rule directly regulates from dietary (i.e., food and drinking VIII. Other Considerations growers, food processors, food handlers water), residential, and other non- and food retailers, not States or tribes, occupational sources, and from all A. Analytical Enforcement Methodology nor does this action alter the known or plausible exposure routes An analytical method for food is not relationships or distribution of power (oral, dermal, and inhalation). needed. Food contact sanitizers are and responsibilities established by 1. Dietary risk. A summary of typically regulated by state health Congress in the preemption provisions antimicrobial indirect food use acute/ departments to ensure that the food of section 408(n)(4) of FFDCA. As such, chronic risk estimates from exposure to industry is using these products in the Agency has determined that this treated countertops are shown below in compliance with the regulations in 40 action will not have a substantial direct Table 3. As explained above, EPA CFR 180.940. The end use solution that effect on States or tribal governments, believes that exposures resulting from is applied to the food contact surface is on the relationship between the national silver in drinking water will be analyzed rather than food items that government and the States or tribal negligible. For adults, chronic dietary may come into contact with the treated governments, or on the distribution of exposure risk estimates are surface. An analytical method is power and responsibilities among the approximately 20% of the chronic PAD. available to analyze the use dilution that various levels of government or between For children, the most highly exposed is applied to food contact surfaces. The the Federal Government and Indian population subgroup, the chronic following methods of analysis are used tribes. Thus, the Agency has determined dietary risk estimates are 62% of the to analyze the use dilution of silver that Executive Order 13132, entitled chronic PAD. Therefore, chronic dietary being applied to food contact surfaces: Federalism (64 FR 43255, August 10, exposure estimates are below the Gas chromatography (GC), infrared (IR), 1999) and Executive Order 13175, Agency’s level of concern for all ultraviolet absorption (UV), nuclear entitled Consultation and Coordination population subgroups. magnetic resonance (NMR). with Indian Tribal Governments (65 FR 67249, November 6, 2000) do not apply TABLE 3.—CALCULATED EXPOSURE B. International Residue Limits to this rule. In addition, This rule does AND RISK RESULTING FROM SILVER There is not a Codex Maximum not impose any enforceable duty or SANITIZATION OF COUNTERTOPS Residue Level established for silver. contain any unfunded mandate as described under Title II of the Unfunded Chronic IX. Statutory and Executive Order Mandates Reform Act of 1995 (UMRA) Reviews Exposure Group DDD(mg/kg/ (Public Law 104-4). %cPAD b d) a This final rule establishes a tolerance This action does not involve any under section 408(d) of FFDCA in technical standards that would require Adult males response to a petition submitted to the Agency consideration of voluntary (13+) 0.00022 22 Agency. The Office of Management and consensus standards pursuant to section Adult females Budget (OMB) has exempted these types 12(d) of the National Technology (13-69) 0.00021 21 of actions from review under Executive Transfer and Advancement Act of 1995 Order 12866, entitled Regulatory (NTTAA), Public Law 104-113, section Children (1-2) 0.00062 62 Planning and Review (58 FR 51735, 12(d) (15 U.S.C. 272 note). October 4, 1993). Because this rule has a DDD (mg/kg/day) was provided from the X. Congressional Review Act IDREAM model. been exempted from review under b % PAD = exposure (total dietary expo- Executive Order 12866, this rule is not The Congressional Review Act, 5 sure)/ PAD) x 100. The cPAD is equivalent to subject to Executive Order 13211, U.S.C. 801 et seq., generally provides the chronic oral RfD value of 0.001mg/kg/day. Actions Concerning Regulations That that before a rule may take effect, the 2. Aggregate non-cancer risk. Significantly Affect Energy Supply, agency promulgating the rule must Aggregate exposure takes into account Distribution, or Use (66 FR 28355, May submit a rule report to each House of residential exposure plus chronic 22, 2001) or Executive Order 13045, the Congress and to the Comptroller exposure to food and water (considered entitled Protection of Children from General of the United States. EPA will to be a background exposure level). Environmental Health Risks and Safety submit a report containing this rule and Because any oral residential exposures Risks (62 FR 19885, April 23, 1997). other required information to the U.S. will be short-term in nature, the chronic This final rule does not contain any Senate, the U.S. House of risk is equal to the estimate for dietary information collections subject to OMB Representatives, and the Comptroller risk. approval under the Paperwork General of the United States prior to 3. Aggregate cancer risk for U.S. Reduction Act (PRA), 44 U.S.C. 3501 et publication of this final rule in the population. Available animal and seq., nor does it require any special Federal Register. This final rule is not human experience through occupational considerations under Executive Order a ‘‘major rule’’ as defined by 5 U.S.C. and medicinal exposure scenarios have 12898, entitled Federal Actions to 804(2). not indicated a carcinogenic potential Address Environmental Justice in List of Subjects in 40 CFR Part 180 for silver. Therefore, silver is not Minority Populations and Low-Income expected to be carcinogenic to humans Populations (59 FR 7629, February 16, Environmental protection, particularly in light of its low systemic 1994). Administrative practice and procedure, toxicity potential and our understanding Since tolerances and exemptions that Food contact sanitizers, Silver, Food of its metabolism. are established on the basis of a petition additives, Pesticides and pests,

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Reporting and recordkeeping PART 180—[AMENDED] § 180.940 Tolerance exemptions for active requirements. and inert ingredients for use in ■ 1. The authority citation for part 180 antimicrobial formulations (Food-contact Dated: May 26, 2009. continues to read as follows: surface sanitizing solutions). Joan Harrigan-Farrelly, * * * * * Authority: 21 U.S.C. 321(q), 346a and 371. Director, Antimicrobials Division, Office of (a) * * * Pesticide Programs. ■ 2. Section 180.940 is amended by ■ Therefore, 40 CFR chapter I is adding alphabetically the following amended as follows: entry to the table in paragraph (a):

Pesticide Chemical CAS Reg. No. Limits

******* Silver ions resulting from the use of electro- 14701–21–4 When ready for use, the end-use concentration of lytically-generated silver ions stabilized in silver ions is not to exceed 50 ppm of active sil- citric acid as silver dihydrogen citrate ver. (does not include metallic silver) *******

* * * * * Commission’s duplicating contractor, § 73.622 [Amended] ■ [FR Doc. E9–13476 Filed 6–9–09; 8:45 am] Best Copy and Printing, Inc., 445 12th 2. Section 73.622(i), the Post- Street, SW., Room CY–B402, BILLING CODE 6560–50–S Transition Table of DTV Allotments Washington, DC 20554, telephone 1– under Ohio, is amended by adding DTV 800–478–3160 or via the Internet http:// channel 49 and removing DTV channel FEDERAL COMMUNICATIONS www.BCPIWEB.com. To request this 39 at Canton. COMMISSION document in accessible formats Federal Communications Commission. (computer diskettes, large print, audio Clay C. Pendarvis 47 CFR Part 73 recording, and Braille), send an e-mail Associate Chief, Video Division, Media to [email protected] or call the [DA 09–1209; MB Docket No. 08–126; RM– Bureau. 11458] Commission’s Consumer and [FR Doc. E9–13650 Filed 6–9–09; 8:45 am] Governmental Affairs Bureau at (202) BILLING CODE 6712–01–P Television Broadcasting Services; 418–0530 (voice), (202) 418–0432 Canton, OH (TTY). This document does not contain information collection requirements FEDERAL COMMUNICATIONS AGENCY: Federal Communications subject to the Paperwork Reduction Act COMMISSION Commission. of 1995, Public Law 104–13. In addition, ACTION: Final rule. therefore, it does not contain any 47 CFR Part 73 SUMMARY: The Commission grants a information collection burden ‘‘for [DA 09–1225; MB Docket No. 08–129; RM– petition for rulemaking filed by Trinity small business concerns with fewer than 11461] Christian Center of Santa Ana, Inc., 25 employees,’’ pursuant to the Small d/b/a Trinity Broadcasting Network Business Paperwork Relief Act of 2002, Television Broadcasting Services; (‘‘Trinity’’), the licensee of station Public Law 107–198, see 44 U.S.C. Spokane, WA WDLI–DT, to substitute DTV channel 49 3506(c)(4). Provisions of the Regulatory AGENCY: Federal Communications for its assigned post-transition DTV Flexibility Act of 1980 do not apply to Commission. channel 39 at Canton, Ohio. this proceeding. ACTION: Final rule. DATES: This rule is effective June 10, The Commission will send a copy of 2009. this Report and Order in a report to be SUMMARY: The Commission grants a FOR FURTHER INFORMATION CONTACT: sent to Congress and the Government petition for rulemaking filed KHQ, David J. Brown, Media Bureau, (202) Accountability Office pursuant to the Incorporated (‘‘KHQ’’), the licensee of 418–1600. Congressional Review Act, see 5 U.S.C. station KHQ–DT, DTV channel 7, SUPPLEMENTARY INFORMATION: This is a 801(a)(1)(A). Spokane, Washington, and a related petition for rulemaking filed by Spokane synopsis of the Commission’s Report List of Subjects in 47 CFR Part 73 and Order, MB Docket No. 08–126, School District #81 (‘‘Spokane School adopted May 28, 2009, and released Television, Television broadcasting. District’’), the licensee of May 29, 2009. The full text of this noncommercial educational station ■ document is available for public For the reasons discussed in the KSPS–DT, DTV channel *8, Spokane, inspection and copying during normal preamble, the Federal Communications Washington. KHQ requests the business hours in the FCC’s Reference Commission amends 47 CFR Part 73 as substitution of DTV channel 15 for its Information Center at Portals II, CY– follows: assigned post-transition DTV channel 7 A257, 445 12th Street, SW., at Spokane, and the Spokane School Washington, DC 20554. This document PART 73—RADIO BROADCAST District requests the substitution of DTV will also be available via ECFS (http:// SERVICES channel *7, its current analog channel, www.fcc.gov/cgb/ecfs/). (Documents for its assigned post-transition DTV ■ will be available electronically in ASCII, 1. The authority citation for part 73 channel *8 at Spokane. Word 97, and/or Adobe Acrobat.) This continues to read as follows: DATES: This rule is effective June 10, document may be purchased from the Authority: 47 U.S.C. 154, 303, 334, 336. 2009.

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FOR FURTHER INFORMATION CONTACT: Accountability Office pursuant to the May 21, 2009, 74 FR 23799. The David Brown, Media Bureau, (202) 418– Congressional review Act, see 5 U.S.C. document issued a measurement 1600. 801(a)(1)(A). procedure for the maximum conducted output power of radio equipment used SUPPLEMENTARY INFORMATION: This is a List of Subjects in 47 CFR Part 73 synopsis of the Commission’s Report in the 4.9 GHz frequency band. Television, Television broadcasting. and Order, MB Docket No. 08–129, DATES: Effective June 22, 2009. adopted May 29, 2009, and released ■ For the reasons discussed in the June 1, 2009. The full text of this preamble, the Federal Communications FOR FURTHER INFORMATION CONTACT: document is available for public Commission amends 47 CFR part 73 as Thomas Eng, Policy Division, Public inspection and copying during normal follows: Safety and Homeland Bureau, Federal business hours in the FCC’s Reference Communications Commission, PART 73—RADIO BROADCAST Information Center at Portals II, CY– Washington, DC 20554, at (202) 418– SERVICES A257, 445 12th Street, SW., 0019, TTY (202) 418–7233, via e-mail at Washington, DC, 20554. This document ■ 1. The authority citation for part 73 [email protected], or via U.S. Mail at will also be available via ECFS (http:// continues to read as follows: Federal Communications Commission, Public Safety and Homeland Security www.fcc.gov/cgb/ecfs/). (Documents Authority: 47 U.S.C. 154, 303, 334, 336. will be available electronically in ASCII, Bureau, 445 12th Street, SW., Word 97, and/or Adobe Acrobat.) This § 73.622 [Amended] Washington, DC 20554. document may be purchased from the ■ 2. Section 73.622(i), the DTV Table of SUPPLEMENTARY INFORMATION: The Commission’s duplicating contractor, Allotments under Washington, is Federal Communications Commission Best Copy and Printing, Inc., 445 12th amended by adding channel 15 and published a document in the Federal Street, SW., Room CY–B402, removing channel 7 at Spokane and by Register on May 21, 2009, 74 FR 23799, Washington, DC 20554, telephone 1– adding channel *7 and removing inadvertently omitting the words ‘‘using 800–478–3160 or via e-mail http:// channel *8 at Spokane. instrumentation.’’ This correction is www.BCPIWEB.com. To request this necessary for clarification. In rule FR document in accessible formats Federal Communications Commission. Doc. E9–11908 published May 21, 2009, (computer diskettes, large print, audio Clay C. Pendarvis, 74 FR 23799 make the following recording, and Braille), send an e-mail Associate Chief, Video Division, Media correction: to [email protected] or call the Bureau. Commission’s Consumer and [FR Doc. E9–13652 Filed 6–9–09; 8:45 am] § 90.1215 [Corrected] Governmental Affairs Bureau at (202) BILLING CODE 6712–01–P ■ On page 23803, in the third column, 418–0530 (voice), (202) 418–0432 in § 90.1215 Power Limits, in paragraph (TTY). This document does not contain (c), the first sentence, ‘‘The maximum information collection requirements FEDERAL COMMUNICATIONS COMMISSION conducted output power is measured as subject to the Paperwork Reduction Act a conducted emission over any interval of 1995, Public Law 104–13. In addition, 47 CFR Part 90 of continuous transmission calibrated in therefore, it does not contain any terms of an RMS-equivalent voltage.’’ is information collection burden ‘‘for [WP Docket No. 07–100; FCC 09–29] corrected to read ‘‘The maximum small business concerns with fewer than conducted output power is measured as Amendment of Part 90 of the 25 employees,’’ pursuant to the Small a conducted emission over any interval Commission’s Rules; Correction Business Paperwork Relief Act of 2002, of continuous transmission using Public Law 107–198, see 44 U.S.C. AGENCY: Federal Communications instrumentation calibrated in terms of 3506(c)(4). Provisions of the Regulatory Commission. an RMS-equivalent voltage.’’ Flexibility Act of 1980 do not apply to ACTION: Final rule; correction. this proceeding. Marlene H. Dortch, The Commission will send a copy of SUMMARY: The Federal Communications Secretary. this Report and Order in a report to be Commission is correcting a final rule [FR Doc. E9–13665 Filed 6–9–09; 8:45 am] sent to Congress and the Government that appeared in the Federal Register of BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 74, No. 110

Wednesday, June 10, 2009

This section of the FEDERAL REGISTER PPD, APHIS, Station 3A–03.8, 4700 restricted from entering the United contains notices to the public of the proposed River Road, Unit 118, Riverdale, MD States or that are subject to restrictions issuance of rules and regulations. The 20737–1238. Please state that your on interstate movement within the purpose of these notices is to give interested comment refers to Docket No. APHIS– United States. Under this authority, the persons an opportunity to participate in the 2007–0146. Animal and Plant Health Inspection rule making prior to the adoption of the final rules. Reading Room: You may read any Service (APHIS) administers the comments that we receive on this noxious weeds regulations in 7 CFR part docket in our reading room. The reading 360 (referred to below as the DEPARTMENT OF AGRICULTURE room is located in room 1141 of the regulations), which prohibit or restrict USDA South Building, 14th Street and the importation and interstate Animal and Plant Health Inspection Independence Avenue, SW., movement of those plants that are Service Washington, DC. Normal reading room designated as noxious weeds in hours are 8 a.m. to 4:30 p.m., Monday § 360.200. 7 CFR Parts 319, 352, 360, and 361 through Friday, except holidays. To be Under the authority of the Federal [Docket No. APHIS–2007–0146] sure someone is there to help you, Seed Act (FSA) of 1939, as amended (7 please call (202) 690–2817 before U.S.C. 1551 et seq.), the U.S. RIN 0579–AC97 coming. Department of Agriculture regulates the Other Information: Additional importation and interstate movement of Update of Noxious Weed Regulations information about APHIS and its certain agricultural and vegetable seeds AGENCY: Animal and Plant Health programs is available on the Internet at and screenings. Title III of the FSA, Inspection Service, USDA. http://www.aphis.usda.gov. ‘‘Foreign Commerce,’’ requires ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Dr. shipments of imported agricultural and Alan V. Tasker, Noxious Weeds Program vegetable seeds to be labeled correctly SUMMARY: We are proposing to make Coordinator, Emergency and Domestic and to be tested for the presence of the several changes to the regulations Programs, PPQ, APHIS, 4700 River seeds of certain noxious weeds as a governing the importation and interstate Road, Unit 26, Riverdale, MD 20737– condition of entry into the United movement of noxious weeds. We would 1236; (301) 734–5225; or Dr. Arnold States. APHIS’ regulations add definitions of terms used in the Tschanz, Senior Plant Pathologist, Risk implementing the provisions of title III regulations, add details regarding the Management and Plants for Planting of the FSA are found in 7 CFR part 361. process of applying for the permits used Policy, RPM, PPQ, APHIS, 4700 River A list of noxious weed seeds is to import or move noxious weeds, add Road, Unit 133, Riverdale, MD 20737– contained in § 361.6. Paragraph (a)(1) of a requirement for the treatment of niger 1231; (301) 734–0627. § 361.6 lists species of noxious weed seed, and add provisions for petitioning SUPPLEMENTARY INFORMATION: seeds with no tolerances applicable to to add a taxon to or remove a taxon from their introduction into the United the noxious weed lists. These changes Background States. would update the regulations to reflect The Plant Protection Act (PPA, as We are proposing to make several current statutory authority and program amended, 7 U.S.C. 7701 et seq.) changes to the regulations. Briefly, we operations and improve the authorizes the Secretary of Agriculture would: effectiveness of the regulations. We are to prohibit or restrict the importation, • Add definitions for terms used in also proposing to add seven taxa to the entry, exportation, or movement in the regulations and replace references to list of terrestrial noxious weeds and to interstate commerce of any plant, plant the Federal Noxious Weed Act with the list of seeds with no tolerances product, biological control organism, references to the PPA; applicable to their introduction. This noxious weed, article, or means of • Add explanatory text to clarify the action would prevent the introduction conveyance if the Secretary determines listing of noxious weeds in § 360.200; or dissemination of these noxious weeds that the prohibition or restriction is • Provide additional detail about the into or within the United States. necessary to prevent the introduction of requirements for permits to move DATES: We will consider all comments a plant pest or noxious weed into the noxious weeds in § 360.300; that we receive on or before August 10, United States or the dissemination of a • Amend the regulations to require 2009. plant pest or noxious weed within the heat treatment for Guizotia abyssinica ADDRESSES: You may submit comments United States. (niger) seed, as currently required in by either of the following methods: The PPA defines ‘‘noxious weed’’ as § 319.37–6; • Federal eRulemaking Portal: Go to ‘‘any plant or plant product that can • Add a section to provide http://www.regulations.gov/fdmspublic/ directly or indirectly injure or cause information about the process for component/main?main=DocketDetail& damage to crops (including nursery petitioning to add or remove a taxon d=APHIS–2007–0146 to submit or view stock or plant products), livestock, from the noxious weed list; comments and to view supporting and poultry, or other interests of agriculture, • Add seven new noxious weeds to related materials available irrigation, navigation, the natural the list of noxious weeds in § 360.200 electronically. resources of the United States, the and the list of noxious weed seeds in • Postal Mail/Commercial Delivery: public health, or the environment.’’ The § 361.6; and Please send two copies of your comment PPA also provides that the Secretary • Update or correct the taxonomic to Docket No. APHIS–2007–0146, may publish, by regulation, a list of designations for several currently listed Regulatory Analysis and Development, noxious weeds that are prohibited or noxious weeds. These proposed changes

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are discussed in further detail directly created both verification and Explanatory Text in § 360.200 below. enforcement problems in the past. Section 360.200 designates certain Definitions Other definitions we are proposing to plants and plant products as noxious add to the noxious weed regulations are weeds. The introductory text of this Section 360.100 defines terms used in based on definitions in other parts of section currently reads as follows: the noxious weed regulations. We are our regulations in 7 CFR chapter III. As authorized under section 412 of the proposing to add definitions for several These definitions are listed below: terms in § 360.100. Plant Protection Act (7 U.S.C. 7712), the • Administrator. The Administrator, Secretary of Agriculture has determined that Some of the terms and definitions we Animal and Plant Health Inspection the following plants or plant products fall are proposing to add to the regulations Service, or any individual authorized to within the definition of ‘‘noxious weed’’ as are derived from the definitions of these act for the Administrator. defined in section 403 of the Act (7 U.S.C. terms in the PPA. We are proposing to 7702(10)). Accordingly, the dissemination in • add these definitions in order to ensure APHIS. The Animal and Plant the United States of the following plants or that the regulations are consistent with Health Inspection Service, United States plant products may reasonably be expected the PPA. Those definitions are listed Department of Agriculture. to have the effects specified in section 403 of below: • Responsible person. The person the Act: • Interstate. From one State into or who has control over and will maintain We are proposing to amend this text through any other State; or within the control over the movement of the for several reasons. As discussed earlier, District of Columbia, Guam, the Virgin noxious weed and assure that all we are proposing to add a definition of Islands of the United States, or any conditions contained in the permit and noxious weed to the regulations, which other territory or possession of the requirements in 7 CFR part 360 are would mean it would not be necessary United States. complied with. A responsible person to cite the definition of that term in the • Move. To carry, enter, import, mail, must be at least 18 years of age and must PPA at the beginning of § 360.200. Also, ship, or transport; to aid, abet, cause, or be a legal resident of the United States because the Secretary has delegated to induce the carrying, entering, importing, or designate an agent who is at least 18 APHIS the authority to carry out title IV mailing, shipping, or transporting; to years of age and a legal resident of the of the PPA, the Administrator is the offer to carry, enter, import, mail, ship, United States. (This definition is based person who makes the determination or transport; to receive to carry, enter, on a similar definition of the same term that a plant or plant product is a import, mail, ship, or transport; to in 7 CFR part 340.) noxious weed. Finally, the PPA grants release into the environment; or to allow • Through the United States. From the Administrator the authority to take any of the activities described in this and to places outside the United States. action to prevent the introduction of a noxious weed into the United States as definition. We would remove the definition of • Noxious weed. Any plant or plant well as to prevent the dissemination of Deputy Administrator and replace all a noxious weed within the United product that can directly or indirectly references to the Deputy Administrator injure or cause damage to crops States. in 7 CFR part 360 with references to the The revised introductory text would (including nursery stock or plant Administrator. products), livestock, poultry, or other thus read as follows: interests of agriculture, irrigation, We are proposing to add one The Administrator has determined that it navigation, the natural resources of the definition based on the International is necessary to designate the following plants Plant Protection Convention’s (IPPC) as noxious weeds to prevent their United States, the public health, or the 1 environment. Glossary of Phytosanitary Terms. We introduction into the United States or their dissemination within the United States. • Person. Any individual, would define the term taxon (taxa) as: partnership, corporation, association, ‘‘Any grouping within botanical In addition, a footnote to the current joint venture, or other legal entity. nomenclature, such as family, genus, introductory text currently reads as species, or cultivar.’’ • Permit. A written authorization, follows: including by electronic methods, by the Finally, paragraph (b) of § 360.100 One or more of the common names of Administrator to move plants, plant includes a reference to the Federal weeds are given in parentheses after most products, biological control organisms, Noxious Weed Act (7 U.S.C. 2802), scientific names to help identify the weeds plant pests, noxious weeds, or articles indicating that the terms included in represented by such scientific names; under conditions prescribed by the that act apply with equal force and however, a scientific name is intended to Administrator. effect in the regulations in part 360. include all weeds within the genus or species represented by the scientific name, regardless • State. Any of the several States of Because the Federal Noxious Weed Act has been superseded by the PPA, it is of whether the common name or names are the United States, the Commonwealth of as comprehensive in scope as the scientific the Northern Mariana Islands, the not necessary to include this language name. Commonwealth of Puerto Rico, the in the definitions in § 360.100. Accordingly, we would remove However, noxious weeds may be District of Columbia, Guam, the Virgin designated below the species level. In Islands of the United States, or any paragraph (b) and redesignate paragraph (a) as the introductory text of the addition, the proposed definition of the other territory or possession of the term taxon (taxa) would allow us to United States. section. • convey this information more United States. All of the States. Adding these definitions to the succinctly. We propose to revise this The definition of permit in the PPA regulations would improve their clarity footnote to read as follows: includes oral authorization as well as and make them consistent with the PPA. written authorization; we are proposing One or more of the common names of 1 weeds are given in parentheses after most to omit oral authorization because the International Standard for Phytosanitary scientific names to help identify the weeds current regulations in § 360.300 refer Measures (ISPM) Number 5. To view this and other ISPMs on the Internet, go to http://www.ippc.int/ represented by such scientific names; specifically to written permits and IPP/En/default.jsp and click on the ‘‘Adopted however, a scientific name is intended to because the practice of issuing oral ISPMs’’ link under the ‘‘Standards (ISPMs)’’ include all subordinate taxa within the taxon. authorizations in other contexts has heading. For example, taxa listed at the genus level

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include all species, subspecies, varieties, and weed into the United States. We would move them interstate provide this forms within the genus; taxa listed at the include a footnote directing the reader information will allow APHIS to species level include all subspecies, varieties, to a Web site with application evaluate the permit applications more and forms within the species. information. The application would quickly and thoroughly and to followup These changes would help to clarify have to include the following in case any part of a permit application the listing of noxious weeds in information: is unclear. § 360.200. • The responsible person’s name, Proposed paragraph (c) would provide that permits to move noxious weeds Additional Information in Permit address, telephone number, and (if through the United States would be Regulations available) e-mail address; • The taxon of the noxious weed; obtained in accordance with the plant The regulations in § 360.300 set out • Plant parts to be moved; quarantine safeguard regulations in 7 general prohibitions and restrictions on • Quantity of noxious weeds to be CFR part 352. The regulations in 7 CFR the movement of noxious weeds and moved per shipment; part 352 provide a general framework requirements for permits for such • Proposed number of shipments per for regulating the movement of plants, movement. Under paragraph (a) of year; plant products, and other articles § 360.300, no person may move a • Origin of the noxious weeds; through the United States to prevent the Federal noxious weed into or through • Destination of the noxious weeds; dissemination of plant pests. We have the United States, or interstate, unless • Whether the noxious weed is determined that 7 CFR part 352 he or she obtains a permit for such established in the State of destination; provides an appropriate framework for movement in accordance with • Proposed method of shipment; regulating the movement of noxious paragraphs (b) through (e) of § 360.300 • Proposed port of first arrival in the weeds through the United States as and the movement is consistent with the United States; well. specific conditions contained in the • Approximate date of arrival; To accommodate this change, we permit. • Intended use of the noxious weeds; would make the following changes to We are proposing to add to the • Measures to be employed to prevent the regulations in 7 CFR part 352: Refer regulations new §§ 360.301 through danger of noxious weed dissemination; to noxious weeds in addition to other 360.305. These sections would contain and plant products; refer to the noxious the following: Specific requirements for • Proposed method of final weeds regulations in 7 CFR part 360 as applying for permits; information about disposition of the noxious weeds. well as the foreign quarantine notices in consultations that the Administrator Proposed paragraph (b) in § 360.301 7 CFR part 319 and the plant pest may perform in deciding whether to would set out details regarding the movement regulations in 7 CFR part grant a permit; the actions the process of applying for permits to move 330; and refer to preventing the Administrator may take on a permit and a noxious weed interstate. Under this dissemination of noxious weeds as well the conditions in the permit; denial or paragraph, a responsible person would as plant pests. These changes can be cancellation of permits; and disposal of be required to apply for a permit to found in the regulatory text at the end noxious weeds when permits are move a noxious weed interstate. We of this document.2 canceled. The proposed provisions are would also provide a footnote with We are proposing to add a new modeled on similar provisions in 7 CFR application information in this section on approving permit part 330, the regulations governing the paragraph. The application would have applications. Currently, paragraph (b) of importation and interstate movement of to include the following information: § 360.300 provides that the Deputy plant pests. • The responsible person’s name, Administrator will issue a written Paragraphs (b) through (e) of current address, telephone number, and (if permit for the movement of a noxious § 360.300 provide fewer details about available) e-mail address; weed into or through the United States, the same topics that our proposed new • The taxon of the noxious weed; or interstate, if application is made for sections would cover; accordingly, we • Plant parts to be moved; such movement and if the Deputy are proposing to remove those • Quantity of noxious weeds to be Administrator determines that such paragraphs. We would add a new moved per shipment; movement, under conditions specified paragraph (b) stating that persons who • Proposed number of shipments per in the permit, would not involve a move noxious weeds into or through the year, danger of dissemination of the noxious United States, or interstate, without • Origin of the noxious weeds; weed in the United States, or interstate. complying with paragraph (a) of • Destination of the noxious weeds; We would discuss in more detail the § 360.300 would be subject to such • Whether the noxious weed is factors that we will consider in criminal and civil penalties as are established in the State of destination; determining whether to approve an provided by the PPA. • Proposed method of shipment; application for a permit to move The current regulations do not • Approximate date of movement; noxious weeds in proposed § 360.302. contain detailed requirements regarding • Intended use of the noxious weeds; Proposed § 360.302, ‘‘Consideration of the process of applying for permits. We • Measures to be employed to prevent applications for permits to move would add such detailed requirements danger of noxious weed dissemination; noxious weeds,’’ would state that, upon in a new § 360.301. We would also and the receipt of an application made in amend paragraph (a) of § 360.300 to • Proposed method of final accordance with § 360.301 for a permit refer to applying for a permit in disposition of the noxious weeds. for movement of a noxious weed into accordance with proposed § 360.301. The regulations do not currently the United States or interstate, the Proposed paragraph (a) in § 360.301 indicate what information must be Administrator will consider the would set out details regarding the provided when applying for a permit, application on its merits. process of applying for permits to meaning that the information we receive import a noxious weed into the United sometimes does not allow us to fully 2 Paragraph (d) of § 352.5 contains two references States. Under this paragraph, a evaluate the application. Requiring that to ‘‘parts 319.’’ These references are intended to include both 7 CFR part 319 and 7 CFR part 330. responsible person would be required to responsible persons applying for a We would correct the error and add a reference to apply for a permit to import a noxious permit to import noxious weeds or 7 CFR part 360 as well.

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Paragraph (a) of proposed § 360.302 Administrator determines that the permit under proposed paragraph would provide that the Administrator issuee has failed to comply with any § 360.304(a); or may consult with other Federal agencies provision of the Act or this section, • The responsible person has not or entities, States or political including conditions of any permit maintained the safeguards or otherwise subdivisions of States, national issued. Paragraph (e) also provides that, observed the conditions specified in the governments, local governments in upon request, any permit holder will be permit. other nations, domestic or international afforded an opportunity for a hearing organizations, domestic or international with respect to the merits or validity of Paragraph (c) of proposed § 360.304 associations, and other persons for any such revocation involving his or her would provide that, if a permit is orally views on the danger of noxious weed permit. canceled, APHIS would provide the dissemination into the United States, or Proposed § 360.304, ‘‘Denial of an reasons for the withdrawal of the permit interstate, in connection with the application for a permit to move a in writing within 10 days. Any person proposed movement. The list of entities noxious weed; cancellation of a permit whose permit has been canceled or any with which the Administrator may to move a noxious weed,’’ would person who has been denied a permit consult is taken from section 431(a) of provide more specific information on would be allowed to appeal the decision the PPA. potential reasons for denying a permit in writing to the Administrator within Paragraph (b) of proposed § 360.302 and reasons for canceling a permit. It 10 days after receiving the written would provide that the Administrator would also provide more details about notification of the cancellation or may inspect the site where noxious the hearing process that is available to denial. The appeal would have to state weeds are proposed to be handled in permittees when a permit is canceled. all of the facts and reasons upon which connection with or after their movement Under paragraph (a) of proposed the person relies to show that the permit under permit to determine whether § 360.304, the Administrator could deny was wrongfully canceled or denied. The existing or proposed facilities will be an application for a permit to move a Administrator would grant or deny the adequate to prevent noxious weed noxious weed when the Administrator appeal, in writing, stating the reasons dissemination if a permit is issued. has determined that: for the decision as promptly as Currently, paragraph (c) of § 360.300 • No safeguards adequate or circumstances allow. If there is a states that any permits issued under that appropriate to prevent dissemination of conflict as to any material fact, a hearing section will contain in written form any the noxious weed can be implemented; would be held to resolve the conflict. conditions (other than the conditions in or Rules of practice concerning such a 7 CFR part 360) under which the permit • The destructive potential of the hearing would be adopted by the is to be granted, e.g., conditions with noxious weed, should it escape despite Administrator. respect to shipment, storage, and proposed safeguards, outweighs the Currently, the regulations in § 360.300 destruction. Proposed § 360.303, probable benefits to be derived from the do not address the disposal of noxious ‘‘Approval of an application for a permit proposed movement and use of the weeds when a permit is canceled. to move a noxious weed; conditions noxious weed; or Proposed § 360.305 would provide that, • specified in permit,’’ would provide The responsible person, or the when a permit for the movement of a more detail on this process. It would responsible person’s agent, as a previous noxious weed is canceled by the state that the Administrator will permittee, failed to maintain the Administrator and not reinstated under approve or deny an application for a safeguards or otherwise observe the proposed § 360.304(c), further permit to move a noxious weed. If the conditions prescribed in a previous movement of the noxious weed covered application is approved, the permit and failed to demonstrate the by the permit into or through the United Administrator would issue the permit ability or intent to observe them in the States, or interstate, would be including any conditions that the future; or prohibited unless authorized by another Administrator had determined would be • The movement could impede an permit. The responsible person would necessary to prevent dissemination of APHIS eradication, suppression, have to arrange for disposal of the noxious weeds into the United States or control, or regulatory program; or noxious weed in question in a manner interstate. Such conditions could • A State plant regulatory official that the Administrator determines is include requirements for inspection of objects to the issuance of the permit on adequate to prevent noxious weed the premises where the noxious weed is the grounds that granting the permit dissemination. The Administrator to be handled after its movement under will pose a risk of dissemination of the would be able to seize, quarantine, treat, the permit, to determine whether the noxious weed into the State. apply other remedial measures to, facilities there are adequate to prevent It is important to note that, under the destroy, or otherwise dispose of, in such noxious weed dissemination and proposed regulations, the Administrator manner as the Administrator deems whether the conditions of the permit are would have the option to approve a appropriate, any noxious weed that is otherwise being observed. Before the permit for movement of a noxious weed moved without compliance with any permit is issued, the Administrator even if one of these conditions was true. conditions in the permit or after the would require the responsible person to For example, if a State plant regulatory permit has been canceled, whenever the agree in writing to the conditions under official objected to the issuance of a Administrator deems it necessary in which the noxious weed will be permit, the Administrator could still order to prevent the dissemination of safeguarded. approve the permit if the Administrator any noxious weed into or within the Currently, paragraph (d) of § 360.300 determined that the safeguards specified United States. This is consistent with states that, if a permit application is in the permit were adequate to address APHIS’ authority under the PPA. denied, the applicant shall be furnished the risk of dissemination. the reasons for the denial. Paragraph (e) Under paragraph (b) of proposed These new sections would provide of § 360.300 states that the Deputy § 360.304, the Administrator could applicants for permits to move noxious Administrator may revoke any cancel any outstanding permit when: weeds and current permit holders with outstanding permit issued under • After the issuance of the permit, more detailed information on the § 360.300, and may deny future permit information is received that constitutes processes for applying for, approving or applications, if the Deputy cause for the denial of an application for denying, and canceling a permit.

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New Section With Treatment for Niger are available on the Internet at http:// remove a taxon from the noxious weed Seed www.aphis.usda.gov/plant_health/ list. This section would state that a _ _ The nursery stock regulations in plant pest info/weeds/downloads/ person may petition the Administrator § 319.37–6 require Guizotia abyssinica listingguide.pdf. Persons who submit a to remove a taxon from the noxious (niger) seeds to be heat treated in petition to add a taxon to the noxious weeds lists in § 360.200. The section accordance with 7 CFR part 305, either weed lists would be required to provide would also state that details of the before importation or at the time of their name and contact information, in petitioning process for removing a taxon case we need to followup with them to from the lists are available at http:// arrival at the port of first arrival in the clarify details of a petition. Persons who www.aphis.usda.gov/plant_health/ United States, for the presence of submit a petition would also be plant_pest_info/weeds/downloads/ various noxious weed seeds including encouraged to provide several pieces of delistingguide.pdf. Persons who submit Cuscuta spp. If the seeds are treated information, which can help speed up a petition to remove a taxon from the before importation, paragraph (c) of the review process and help APHIS noxious weed lists would be required to § 319.37–6 requires the seeds to be determine whether the specified plant provide their name and contact treated at a facility that is approved by taxon should be listed as a noxious information, in case we need to APHIS in accordance with 7 CFR part weed. However, providing such followup with them to clarify details of 305 and that operates in compliance information would not be required. a petition. Persons who submit a with a written agreement between the Petitioners would be encouraged to petition would also be encouraged to treatment facility owner and the plant provide the following information for provide the following information, protection service of the exporting identification of the noxious weed: which can help speed up the review country, in which the treatment facility • The taxon’s scientific name and process and help APHIS determine owner agrees to comply with the author; whether the specified plant taxon provisions of § 319.37–6 and allow • Common synonyms; should not be listed as a noxious weed. inspectors and representatives of the • Botanical classification; However, providing such information plant protection service of the exporting • Common names; • would not be required. country access to the treatment facility Summary of life history; • • Native and world distribution; Evidence that the species is as necessary to monitor compliance distributed throughout its potential with the regulations. The treatments • Distribution in the United States, if any (specific States, localities, or Global range or has spread too far to implement must be certified in accordance with the effective control; conditions described in § 319.37–13(c). Positioning System coordinates); • • Description of control efforts, if Evidence that control efforts have Most niger seed is imported not for been unsuccessful and further efforts are use as nursery stock, however, but for established in the United States; and • Whether the taxon is regulated at unlikely to succeed; and use as birdseed. To ensure that the • For cultivars of a listed noxious regulations in 7 CFR chapter III clearly the State or local level. Petitioners would be encouraged to weed, scientific evidence that the require niger seed to be treated cultivar has a combination of risk regardless of its intended use, we are provide the following information about the potential consequences of the elements that result in a low pest risk. proposing to add a new section For example, the cultivar may have a § 360.400 to the noxious weed taxon’s introduction or spread: • The taxon’s habitat suitability in the narrow habitat suitability, low dispersal regulations that would require imported United States (predicted ecological potential, evidence of sterility, inability niger seed to be treated under the same range); to cross-pollinate with introduced wild conditions that are currently specified • Dispersal potential (biological types, or few if any potential negative in § 319.37–6. characteristics associated with impacts on the economy or environment We are also proposing to correct an invasiveness); of the United States. editorial error in § 319.37–6(c), to clarify • Potential economic impacts (e.g., Petitioners would also be encouraged the conditions under which niger seed potential to reduce crop yields, lower to provide a list of references for this may be treated prior to importation into commodity values, or cause loss of information. the United States. markets for U.S. goods); and • Additions to the Lists of Terrestrial Petitions To Add a Taxon to or Remove Potential environmental impacts Noxious Weeds and Noxious Weed a Taxon From the Noxious Weed Lists (e.g., impacts on ecosystem processes, Seeds natural community composition or APHIS accepts petitions to add a structure, human health, recreation Paragraph (c) of § 360.200 lists taxon to or remove a taxon from the patterns, property values, or use of terrestrial noxious weeds. Such weeds noxious weed lists in § 360.200. chemicals to control the taxon). may not be imported into and through Although we provide some information Petitioners would also be encouraged the United States, or moved interstate about the petition process on APHIS’ to provide the following information except with a permit obtained in noxious weeds Web site, the regulations about the likelihood of the taxon’s accordance with § 360.300. In addition, do not contain any information about introduction or spread: as mentioned earlier in this document, this process. We are proposing to add • Potential pathways for the taxon’s paragraph (a)(1) of § 361.6 lists species new §§ 360.500 and 360.501 to provide movement into and within the United of noxious weed seeds with no such information. States; and tolerances applicable to their Proposed § 360.500 would describe • The likelihood of survival and introduction into the United States. the process for petitioning to add a spread of the taxon within each We are proposing to add seven new taxon to the noxious weed list. This pathway. taxa to the list of terrestrial noxious section would state that a person may Finally, petitioners would be weeds in § 360.200(c) and to the list of petition the Administrator to have a encouraged to provide a list of noxious weed seeds with no tolerances taxon added to the noxious weeds lists references for the information discussed applicable to their introduction in in § 360.200. The section would also above. § 361.6(a)(1). These taxa are: state that details of the petitioning Similarly, proposed § 360.501 would • Acacia nilotica (Linnaeus) process for adding a taxon to the lists describe the process for petitioning to Wildenow ex Delile (prickly acacia), a

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perennial non-climbing shrub or tree. A. calendula can be difficult. We invite it is necessary to place restrictions on nilotica is a serious weed in South public comment on whether it is their importation and interstate Africa and Australia, where it appropriate to regulate the entire movement, and we are proposing to list aggressively replaces grasslands with species A. calendula or whether we those seven taxa as terrestrial noxious thorny thickets. Seedlings and young should only regulate the purple- weeds in § 360.200(c) and as noxious trees of A. nilotica are protected from flowered, seed-producing type. weed seeds with no tolerances grazing by thorns, and the plants have • Euphorbia terracina Linnaeus (false applicable to their introduction in long-distance dispersal mechanisms caper), a glabrous erect leafy perennial. § 361.6(a)(1). allowing uncontrolled spread, large seed An aggressive plant, it forms dense Updates and Corrections in Current production, and long-lived seeds. Young stands that inhibit the growth of native Entries for Noxious Weeds in §§ 360.200 A. nilotica plants grow rapidly, and the plants, competing with crops and and 361.6(a)(1) plants are tolerant of drought, fire, and pasture plants. In Western Australia, E. salinity. Potential pathways for the terracina is a serious weed of grazing We are proposing to make several introduction of A. nilotica into the land. E. terracina is avoided by updates, corrections, and clarifications United States include ornamental seed livestock and can be toxic to animals. in the lists of noxious weeds in shipments, sale of seeds for medicinal • Inula britannica Linnaeus (British § 360.200 and the list of noxious weed purposes, and intentional importation elecampane), an erect biennial. I. seeds with no tolerances applicable to in passenger baggage. A. nilotica occurs britannica has been found in Michigan their introduction in § 361.6(a)(1). For in Puerto Rico and the Virgin Islands, and Minnesota, where it is regulated by some of the taxa listed in these and may also be in Hawaii. It is possibly those States, and in the Netherlands. It paragraphs, the accepted names have cultivated in other States, as it is offered was initially detected in Michigan in changed. In addition, these lists contain for sale by at least three U.S. nurseries. nurseries with hosta imported from the a few spelling errors and incorrect or We invite public comment on the Netherlands. I. britannica has negative incomplete author designations. We are distribution of A. nilotica in the United impacts on surrounding hosta, which proposing to update and correct the States. must be sacrificed if chemical control entries for these taxa. These proposed • Ageratina riparia (Regel) R.M. King efforts are undertaken. changes are set forth in the regulatory and H. Robinson (mistflower), a • Onopordum acaulon Linnaeus text at the end of this document. perennial erect or sprawling herb to (stemless thistle), a prostrate annual or In § 360.200, we are proposing to subshrub. Colonies of A. riparia biennial herb. The plant is found in change the designation of Caulerpa increase in density and size by roadsides, wastelands, cultivated land, taxifolia to add the author’s name and spreading horizontally and rooting at and pastures. O. acaulon reduces a common name and to clarify that only the nodes. The plant thrives in misty, carrying capacity of pasture, and the Mediterranean strain is regulated as upland pastures and mountainous areas livestock eating the plant suffer a noxious weed. The new entry would with high rainfall, and its leaf litter is impaction and liver damage. The seeds thus read: ‘‘Caulerpa taxifolia (Vahl) C. allelopathic, inhibiting the growth of of O. acaulon are long-lived in soil. Agardh, Mediterranean strain (killer other species. A. riparia is a serious • Onopordum illyricum Linnaeus algae).’’ We would remove the entry for weed in Africa, India, Indonesia, Papua (Illyrian thistle), a tall, erect annual or C. taxifolia from the list of noxious New Guinea, Southeast Asia, Australia, biennial herb. In California, where O. weed seeds with no tolerances New Zealand, Jamaica, Hawaii, and illyricum is currently found and applicable to their introduction in Madagascar. In Hawaii Volcanoes regulated, the plant is found in natural § 361.6(a)(1), since a marine alga would National Park, the weed competes with areas, disturbed sites, roadsides, fields, not be found in seed shipments. native plants and occupies disturbed and especially in sites with fertile soils. The list of parasitic noxious weeds in areas. A. riparia has been introduced as O. illyricum is difficult to control and § 360.200(b) contains an entry for a contaminant in ornamental and has the potential to infest pastures, Cuscuta spp. but lists exceptions for agricultural material and is both an reduce carrying capacity, and create species within that genus that are native agricultural and environmental weed. physical barriers to stock and wildlife. to or widespread in the United States. • Arctotheca calendula (Linnaeus) To evaluate the possibility that these Three of the species listed as exceptions Levyns (capeweed), a flat, stemless or taxa could be noxious weeds, we have under Cuscuta spp., C. jepsonii, C. short-stemmed, spreading, rosette- prepared a weed risk assessment (WRA) occidentalis, and C. nevadensis, have forming annual (or perennial in areas for each taxon. Copies of the WRAs may been determined to be synonyms of with frost-free climate). A. calendula be obtained from the person listed three other species listed as produces stolons, which root at the under FOR FURTHER INFORMATION exceptions—respectively, C. indecora, nodes and are often vigorous. It is CONTACT or viewed on the C. californica, and C. veatchii. (C. capable of infesting turf and pasture, Regulations.gov Web site (see veatchii is currently listed in the competing with many kinds of crops, ADDRESSES above for a link to regulations as C. vetchii; we would causing allergies and dermatitis in Regulations.gov). correct that error.) Accordingly, we sensitive people, and negatively The WRAs conclude that the taxa would remove C. jepsonii, C. affecting stock production, with likely listed above qualify as Federal noxious occidentalis, and C. nevadensis from the impacts to both agriculture and the weeds. They also conclude that the list of exceptions under Cuscuta spp. in environment. A. calendula is currently introduction or further spread of those § 360.200(b). present in California. A purple- taxa could directly or indirectly injure The names listed in the regulations flowered, seed-producing type of A. or cause damage to crops (including for two species listed in § 360.200(c), calendula is regulated by the State. A nursery stock or plant products), the list of terrestrial noxious weeds, and sterile, vegetatively reproducing yellow- livestock, poultry, or other interests of § 361.6(a)(1) are not the currently flowered type is not currently regulated agriculture, irrigation, navigation, the accepted botanical names. Accordingly, by the State of California, but is noted natural resources of the United States, we would replace the entry for Digitaria by some to escape from cultivation. In the public health, or the environment. scalarum with an entry for D. abyssinica addition, identifying a plant as a Therefore, pursuant to APHIS’ authority in § 360.200(c) and replace the entry for member of one type or another of A. under the PPA, we have determined that Digitaria abyssinica (=D. scalarum) in

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§ 361.6(a)(1) with an entry that simply The IRFA requirements are addressed in 2002, and represented 3 percent of all refers to D. abyssinica. In both the following sections. farms in the United States. Over 92 §§ 360.200(c) and 361.6(a)(1), we would percent of the farms had annual sales of Reasons Action Is Being Considered replace the entry for Mimosa invisa with less than $500,000 and by SBA an entry for M. diplotricha. To add clarity and provide standards are thus considered small. Both §§ 360.200(c) and 361.6(a)(1) transparency, it has become necessary to As there have been no previous contain entries for Homeria spp. update and expand the regulations in 7 restrictions on their importation other However, this genus, and several other CFR parts 360 and 361. Seven than the general restrictions on the genera from the family Iridaceae, have additional weeds that have been importation of nursery stock in been reclassified and transferred to the identified as noxious weeds need to be §§ 319.37 through 319.37–14, the seven large genus Moraea. The PRA that we added to the noxious weeds list. The new species that would be added to the prepared to help evaluate whether we addition of these seven additional taxa noxious weed list may currently be should add Homeria spp. to the noxious to the noxious weeds list would help imported into the United States as weed list considered specific species prevent their introduction into the ornamental crops under certain within the genus Homeria. These United States or their spread into conditions. However, based on the species are now classified as Moraea noninfested areas of the United States. WRAs, these species are not known to collina, M. flaccida, M. miniata, M. In addition, the list of noxious weeds in be economically significant in the ochroleuca, and M. pallida. the regulations needs to be updated. United States. Adding these noxious Accordingly, we would update the Updating the regulations would help weeds to the regulations is not expected regulations by removing the entry for ensure that the regulated community to have an economic effect on small Homeria spp. from both §§ 360.200(c) can easily determine what taxa may entities in terms of restricting existing and 361.6(a)(1) and adding entries for only be imported or moved interstate markets. However, APHIS welcomes M. collina, M. flaccida, M. miniata, M. under a permit. public comment on the likely effects of ochroleuca, and M. pallida in its place. the rule. Objectives and Legal Basis for the Executive Order 12866 and Regulatory Proposed Rule Executive Order 12372 Flexibility Act The main objective of the proposed This program/activity is listed in the This proposed rule has been reviewed rule is to update the regulations that Catalog of Federal Domestic Assistance under Executive Order 12866. The rule govern the movement of noxious weeds under No. 10.025 and is subject to has been determined to be not (7 CFR parts 360 and 361). This action Executive Order 12372, which requires significant for the purposes of Executive is authorized by the PPA, which intergovernmental consultation with Order 12866 and, therefore, has not authorizes the Secretary of Agriculture State and local officials. (See 7 CFR part been reviewed by the Office of to implement programs and policies 3015, subpart V.) Management and Budget. designed to prevent the introduction Executive Order 12988 This proposal would make several and spread of plant pests and noxious changes to the regulations governing the weeds. Specifically, the Act authorizes This proposed rule has been reviewed importation and interstate movement of the Secretary to regulate the importation under Executive Order 12988, Civil noxious weeds. It would add definitions and interstate movement of noxious Justice Reform. If this proposed rule is of terms used in the regulations, add weeds, which can damage crops, adopted: (1) All State and local laws and details regarding the process of applying livestock, and other agricultural regulations that are inconsistent with for the permits used to import or move interests, as well as impede navigation this rule will be preempted; (2) no noxious weeds, add a requirement for and cause harm to irrigation systems, retroactive effect will be given to this the treatment of niger seed, and add public health, and the environment. rule; and (3) administrative proceedings provisions for petitioning to add a taxon will not be required before parties may to or remove a taxon from the noxious Description and the Number of Small file suit in court challenging this rule. weed lists. These changes would update Entities Regulated Paperwork Reduction Act the regulations to reflect current For the purpose of this analysis and statutory authority and program following the Small Business In accordance with section 3507(d) of operations and improve the Administration (SBA) guidelines, we the Paperwork Reduction Act of 1995 effectiveness of the regulations. The note that a major segment of entities (44 U.S.C. 3501 et seq.), the information proposal would also add seven taxa to potentially affected by the proposed rule collection or recordkeeping the list of terrestrial noxious weeds and are classified within the following requirements included in this proposed to the list of seeds with no tolerances industries: Nursery and Tree Production rule have been submitted for approval to applicable to their introduction. This (North American Industry Classification the Office of Management and Budget action would prevent the introduction System [NAICS] code 111421), and (OMB). Please send written comments or dissemination of these noxious weeds Floriculture Production (NAICS to the Office of Information and into or within the United States. 111422).3 For these two industry Regulatory Affairs, OMB, Attention: In accordance with the Regulatory categories, entities are considered small Desk Officer for APHIS, Washington, DC Flexibility Act (5 U.S.C. 601 et seq.), by SBA standards if annual sales are 20503. Please state that your comments this analysis considers the impact on $750,000 or less. According to the refer to Docket No. APHIS–2007–0146. small businesses, small organizations, Census of Agriculture, these two Please send a copy of your comments to: and small governmental jurisdictions. categories included 64,366 farms in (1) Docket No. APHIS–2007–0146, Section 603 of the Act requires agencies Regulatory Analysis and Development, to prepare and make available for public 3 As observed in the preceding paragraph, other PPD, APHIS, Station 3A–03.8, 4700 comment an initial regulatory flexibility agricultural and nonagricultural industries and River Road Unit 118, Riverdale, MD analysis (IRFA) describing the expected resources can be negatively affected by the 20737–1238, and (2) Clearance Officer, introduction of noxious weeds. The nursery and impact of proposed rules on small floriculture industries are representative of these OCIO, USDA, Room 404–W, 14th Street entities. Sections 603(b) and 603(c) of other industries in terms of being comprised largely and Independence Avenue, SW., the Act specify the content of an IRFA. of small entities. Washington, DC 20250. A comment to

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OMB is best assured of having its full E-Government Act Compliance § 352.2 [Amended] effect if OMB receives it within 30 days The Animal and Plant Health 4. Section 352.2 is amended as of publication of this proposed rule. Inspection Service is committed to follows: We are proposing to make several compliance with the E-Government Act a. In paragraph (a), in the first changes to update the regulations to promote the use of the Internet and sentence, by adding the words ‘‘noxious governing the importation and interstate other information technologies, to weeds,’’ after the words ‘‘plant pests,’’; movement of noxious weeds. We would provide increased opportunities for and by removing the words ‘‘319 and add definitions of terms used in the citizen access to Government 330’’ and adding the words ‘‘319, 330, regulations, add requirements for the information and services, and for other and 360’’ in their place. permits used to import or move noxious purposes. For information pertinent to b. In paragraph (b), by removing the weeds, add a requirement for the E-Government Act compliance related words ‘‘319 or 330’’ and adding the treatment of niger seed, and add to this proposed rule, please contact words ‘‘319, 330, or 360’’ in their place. provisions for petitioning to add a taxon Mrs. Celeste Sickles, APHIS’ § 352.3 [Amended] to or remove a taxon from the noxious Information Collection Coordinator, at 5. Section 352.3 is amended as weed lists. These actions will (301) 851–2908. necessitate information collection for follows: permits and for petitions to add a taxon List of Subjects a. In paragraphs (a) and (b), by adding the words ‘‘noxious weeds,’’ after the to or remove a taxon from the noxious 7 CFR Part 319 weed lists. words ‘‘plant pests,’’ each time they We are soliciting comments from the Coffee, Cotton, Fruits, Imports, Logs, occur. public (as well as affected agencies) Nursery stock, Plant diseases and pests, b. In paragraph (d), by adding the concerning our proposed information Quarantine, Reporting and words ‘‘or noxious weed’’ before the collection and recordkeeping recordkeeping requirements, Rice, word ‘‘dissemination.’’ Vegetables. requirements. These comments will § 352.5 [Amended] help us: 7 CFR Part 352 6. Section 352.5 is amended as (1) Evaluate whether the proposed follows: information collection is necessary for Customs duties and inspection, the proper performance of our agency’s Imports, Plant diseases and pests, a. By adding the words ‘‘noxious functions, including whether the Quarantine, Reporting and weeds,’’ after the words ‘‘plant pests,’’ information will have practical utility; recordkeeping requirements, each time they occur. Transportation. b. In paragraph (d), by adding the (2) Evaluate the accuracy of our words ‘‘, 330, and 360’’ after the words estimate of the burden of the proposed 7 CFR Part 360 ‘‘parts 319’’ each time they occur. information collection, including the Imports, Plants (Agriculture), validity of the methodology and § 352.6 [Amended] Quarantine, Reporting and assumptions used; recordkeeping requirements, 7. Section 352.6 is amended as (3) Enhance the quality, utility, and Transportation, Weeds. follows: clarity of the information to be a. In paragraph (a), by adding the collected; and 7 CFR Part 361 words ‘‘(including noxious weeds)’’ (4) Minimize the burden of the Agricultural commodities, Imports, before the period at the end of the information collection on those who are Labeling, Quarantine, Reporting and paragraph heading. to respond (such as through the use of recordkeeping requirements, Seeds, b. In paragraph (e), by adding the appropriate automated, electronic, Vegetables, Weeds. words ‘‘or noxious weed’’ before the mechanical, or other technological Accordingly, we are proposing to word ‘‘dissemination’’ each time it collection techniques or other forms of occurs. information technology; e.g., permitting amend 7 CFR parts 319, 352, 360, and electronic submission of responses). 361 as follows: § 352.7 [Amended] Estimate of burden: Public reporting PART 319—FOREIGN QUARANTINE 8. Section 352.7 is amended by burden for this collection of information NOTICES adding the words ‘‘(including noxious is estimated to average 16 hours per weeds)’’ after the word ‘‘products’’ the response. 1. The authority citation for part 319 first time it occurs. continues to read as follows: Respondents: Researchers. § 352.9 [Amended] Estimated annual number of Authority: 7 U.S.C. 450, 7701–7772, and 9. Section 352.9 is amended by respondents: 2. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. adding the words ‘‘noxious weeds,’’ Estimated annual number of after the words ‘‘plant pests,’’. responses per respondent: 1. § 319.37–6 [Amended] Estimated annual number of § 352.10 [Amended] responses: 2. 2. In § 319.37–6, paragraph (c) is amended by adding the words ‘‘must be 10. Section 352.10 is amended as Estimated total annual burden on treated’’ after the word ‘‘States’’. follows: respondents: 32 hours. (Due to a. In paragraphs (a) and (b)(1), by averaging, the total annual burden hours PART 352—PLANT QUARANTINE removing the words ‘‘part 319 or 330’’ may not equal the product of the annual SAFEGUARD REGULATIONS each time they occur and adding the number of responses multiplied by the words ‘‘parts 319, 330, or 360’’ in their reporting burden per response.) 3. The authority citation for part 352 place. Copies of this information collection continues to read as follows: b. In paragraphs (b)(1), (b)(2), and (c), can be obtained from Mrs. Celeste Authority: 7 U.S.C. 7701–7772 and 7781– by adding the words ‘‘or noxious weed’’ Sickles, APHIS’ Information Collection 7786; 21 U.S.C. 136 and 136a; 31 U.S.C. before the word ‘‘dissemination’’ each Coordinator, at (301) 851–2908. 9701; 7 CFR 2.22, 2.80, and 371.3. time it occurs.

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c. In paragraph (b)(2), by removing the release into the environment; or to allow exalta Engelmann;’’ ‘‘Cuscuta words ‘‘319 and 330’’ and adding the any of the activities described in this obtusiflora Humboldt, Bonpland, & words ‘‘319, 330, or 360’’ in their place. definition. Kunth,’’ ‘‘Cuscuta rostrata Shuttleworth Noxious weed. Any plant or plant ex Engelmann,’’ ‘‘Cuscuta umbellata § 352.11 [Amended] product that can directly or indirectly Humboldt, Bonpland, & Kunth,’’ and 11. In § 352.11, paragraph (a)(1) is injure or cause damage to crops ‘‘Cuscuta vetchii Brandegee’’ to read as amended by adding the words ‘‘noxious (including nursery stock or plant set forth below. weeds,’’ after the words ‘‘plant pests,’’. products), livestock, poultry, or other d. In paragraph (c), by removing the entries for ‘‘Digitaria scalarum § 352.13 [Amended] interests of agriculture, irrigation, navigation, the natural resources of the (Schweinfurth) Chiovenda (African 12. Section 352.13 is amended as United States, the public health, or the couchgrass, fingergrass),’’ ‘‘Homeria follows: environment. spp.,’’ and ‘‘Mimosa invisa Martius a. By adding the words ‘‘noxious Permit. A written authorization, (giant sensitive plant)’’. weeds,’’ after the words ‘‘plant pests,’’. including by electronic methods, by the e. In paragraph (c), by revising the b. By removing the words ‘‘319 or Administrator to move plants, plant entries for ‘‘Digitaria velutina (Forsskal) 330’’ and adding the words ‘‘319, 330, products, biological control organisms, Palisot de Beauvois (velvet fingergrass, or 360’’ in their place. plant pests, noxious weeds, or articles annual conchgrass),’’ ‘‘Drymaria § 352.15 [Amended] under conditions prescribed by the arenariodes Humboldt & Bonpland ex Roemer & Schultes (lightning weed),’’ 13. Section 352.15 is amended by Administrator. Person. Any individual, partnership, ‘‘Imperata cylindrica (Linnaeus) adding the words ‘‘or noxious weed’’ Raeuschel (cogongrass),’’ ‘‘Mikania before the word ‘‘dissemination’’. corporation, association, joint venture, or other legal entity. micrantha Humboldt, Bonpland, & Kunth,’’ ‘‘Prosopis farcta (Solander ex PART 360—NOXIOUS WEED * * * * * REGULATIONS Russell) Macbride,’’ ‘‘Prosopis pallida Responsible person. The person who (Humboldt & Bonpland ex Willdenow) has control over and will maintain 14. The authority citation for part 360 Humboldt, Bonpland, & Kunth,’’ control over the movement of the continues to read as follows: ‘‘Setaria pallide-fusca (Schumacher) noxious weed and assure that all Stapf & Hubbard (cattail grass),’’ and Authority: 7 U.S.C. 7701–7772 and 7781– conditions contained in the permit and 7786; 7 CFR 2.22, 2.80, and 371.3. ‘‘Spermacoce alata (Aublet) de requirements in this part are complied Candolle’’ to read as set forth below. 15. Section 360.100 is amended as with. A responsible person must be at f. In paragraph (c), by adding, in follows: least 18 years of age and must be a legal alphabetical order, entries for ‘‘Acacia a. By removing the introductory text resident of the United States or nilotica (Linnaeus) Wildenow ex Delile of paragraph (b). designate an agent who is at least 18 (prickly acacia),’’ ‘‘Ageratina riparia b. By redesignating paragraph (a) as years of age and a legal resident of the (Regel) R.M. King and H. Robinson undesignated introductory text. United States. (mistflower),’’ ‘‘Arctotheca calendula c. By adding, in alphabetical order, State. Any of the several States of the (Linnaeus) Levyns (capeweed),’’ new definitions of Administrator, United States, the Commonwealth of the ‘‘Digitaria abyssinica (Hochstetter ex A. APHIS, interstate, move, noxious weed, Northern Mariana Islands, the Richard) Stapf (African couchgrass, permit, person, responsible person, Commonwealth of Puerto Rico, the fingergrass),’’ ‘‘Euphorbia terracina State, taxon (taxa), through the United District of Columbia, Guam, the Virgin Linnaeus (false caper),’’ ‘‘Inula States, and United States to read as set Islands of the United States, or any britannica Linnaeus (British forth below. other territory or possession of the elecampane),’’ ‘‘Mimosa diplotricha C. d. By removing the definition of United States. Wright (giant sensitive-plant),’’ ‘‘Moraea Deputy Administrator. Taxon (taxa). Any grouping within collina Thunberg (apricot tulp),’’ botanical nomenclature, such as family, ‘‘Moraea flaccida (Sweet) Steudel (one- § 360.100 Definitions. genus, species, or cultivar. leaf Cape-tulip),’’ ‘‘Moraea miniata * * * * * Through the United States. From and Andrews (two-leaf Cape-tulip),’’ Administrator. The Administrator, to places outside the United States. ‘‘Moraea ochroleuca (Salisbury) Drapiez Animal and Plant Health Inspection United States. All of the States. (red tulp),’’ ‘‘Moraea pallida (Baker) Service, or any individual authorized to 16. Section 360.200 is amended as Goldblatt (yellow tulp),’’ ‘‘Onopordum act for the Administrator. follows: acaulon Linnaeus (stemless thistle),’’ APHIS. The Animal and Plant Health a. By revising the introductory text, and ‘‘Onopordum illyricum Linnaeus Inspection Service, United States including footnote 1, to read as set forth (Illyrian thistle)’’. Department of Agriculture. below. * * * * * b. In paragraph (a), by revising the § 360.200 Designation of noxious weeds. Interstate. From one State into or entries for ‘‘Caulerpa taxifolia The Administrator has determined through any other State; or within the (Mediterranean clone),’’ ‘‘Eichornia that it is necessary to designate the District of Columbia, Guam, the Virgin azurea (Swarth) Kunth,’’ and following plants 1 as noxious weeds to Islands of the United States, or any ‘‘Melaleuca quenquinervia (Cav.) Blake’’ prevent their introduction into the other territory or possession of the to read as set forth below. United States. c. In paragraph (b), by removing the 1 One or more of the common names of weeds are given in parentheses after most scientific names to Move. To carry, enter, import, mail, entries for ‘‘Cuscuta jepsonii Yuncker,’’ help identify the weeds represented by such ship, or transport; to aid, abet, cause, or ‘‘Cuscuta nevadensis I.M. Johnston,’’ scientific names; however, a scientific name is induce the carrying, entering, importing, and ‘‘Cuscuta occidentalis Millspaugh intended to include all subordinate taxa within the mailing, shipping, or transporting; to ex Mill & Nuttall;’’ and by revising the taxon. For example, taxa listed at the genus level include all species, subspecies, varieties, and forms offer to carry, enter, import, mail, ship, entries for ‘‘Cuscuta ceanothii Behr,’’ within the genus; taxa listed at the species level or transport; to receive to carry, enter, ‘‘Cuscuta cephalanthii Engelmann;’’ include all subspecies, varieties, and forms within import, mail, ship, or transport; to ‘‘Cuscuta corylii Engelmann;’’ ‘‘Cuscuta the species.

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United States or their dissemination (3) The movement is consistent with (5) Proposed number of shipments per within the United States: the specific conditions contained in the year; (a) * * * permit. (6) Origin of the noxious weeds; Caulerpa taxifolia (Vahl) C. Agardh, (b) Persons who move noxious weeds (7) Destination of the noxious weeds; Mediterranean strain (killer algae) into or through the United States, or (8) Whether the noxious weed is * * * * * interstate, without complying with established in the State of destination; Eichhornia azurea (Swartz) Kunth paragraph (a) of this section will be (9) Proposed method of shipment; subject to such criminal and civil (10) Approximate date of movement; * * * * * Melaleuca quinquenervia (Cavanilles) penalties as are provided by the Plant (11) Intended use of the noxious S.T. Blake Protection Act (7 U.S.C. 7701 et seq.). weeds; (Approved by the Office of Management (12) Measures to be employed to * * * * * and Budget under control number 0579– prevent danger of noxious weed (b) * * * 0054) dissemination; and Cuscuta ceanothi Behr 18. New §§ 360.301 through 360.305, (13) Proposed method of final Cuscuta cephalanthi Engelmann 360.400, 360.500, and 360.501 are disposition of the noxious weeds. * * * * * added to read as follows: (c) Permits to move noxious weeds Cuscuta coryli Engelmann through the United States. Permits to * * * * * § 360.301 Information required for move noxious weeds through the United applications for permits to move noxious Cuscuta exaltata Engelmann weeds. States must be obtained in accordance with part 352 of this chapter. * * * * * (a) Permit to import a noxious weed Cuscuta obtusiflora Kunth into the United States. A responsible § 360.302 Consideration of applications for * * * * * person must apply for a permit to permits to move noxious weeds. Cuscuta rostrata Shuttleworth ex import a noxious weed into the United Upon the receipt of an application Engelmann & Gray 2 States. The application must include made in accordance with § 360.301 for * * * * * the following information: a permit for movement of a noxious Cuscuta umbellata Kunth (1) The responsible person’s name, weed into the United States or * * * * * address, telephone number, and (if interstate, the Administrator will Cuscuta veatchii Brandegee available) e-mail address; consider the application on its merits. * * * * * (2) The taxon of the noxious weed; (a) Consultation. The Administrator (c) * * * (3) Plant parts to be moved; may consult with other Federal agencies Digitaria velutina (Forsskal) Palisot de (4) Quantity of noxious weeds to be or entities, States or political Beauvois (velvet fingergrass, annual moved per shipment; subdivisions of States, national (5) Proposed number of shipments per couchgrass) governments, local governments in Drymaria arenariodes Humboldt & year; other nations, domestic or international (6) Origin of the noxious weeds; Bonpland ex J.A. Schultes (lightning organizations, domestic or international (7) Destination of the noxious weeds; associations, and other persons for weed) (8) Whether the noxious weed is views on the danger of noxious weed * * * * * established in the State of destination; Imperata cylindrica (Linnaeus) Palisot (9) Proposed method of shipment; dissemination into the United States, or de Beauvois (cogongrass) (10) Proposed port of first arrival in interstate, in connection with the * * * * * the United States; proposed movement. Mikania micrantha Kunth (11) Approximate date of arrival; (b) Inspection of premises. The Administrator may inspect the site * * * * * (12) Intended use of the noxious where noxious weeds are proposed to be Prosopis farcta (Banks & Solander) J.F. weeds; handled in connection with or after Macbride (13) Measures to be employed to prevent danger of noxious weed their movement under permit to * * * * * dissemination; and determine whether existing or proposed Prosopis pallida (Humboldt & Bonpland facilities will be adequate to prevent ex Willdenow) Kunth (14) Proposed method of final disposition of the noxious weeds. noxious weed dissemination if a permit * * * * * (b) Permit to move noxious weeds is issued. Setaria pumila (Poir.) Roem. & Schult. interstate. A responsible person must subsp. pallidefusca (Schumach.) B.K. § 360.303 Approval of an application for a apply for a permit to move a noxious permit to move a noxious weed; conditions Simon (cattail grass) 3 weed interstate. The application must specified in permit. * * * * * include the following information: The Administrator will approve or Spermacoce alata Aublet (1) The responsible person’s name, deny an application for a permit to * * * * * address, telephone number, and (if move a noxious weed. If the application 17. Section 360.300 is revised to read available) e-mail address; as follows: (2) The taxon of the noxious weed; is approved, the Administrator will (3) Plant parts to be moved; issue the permit including any § 360.300 Notice of restrictions on (4) Quantity of noxious weeds to be conditions that the Administrator has movement of noxious weeds. moved per shipment; determined are necessary to prevent (a) No person may move a Federal dissemination of noxious weeds into the noxious weed into or through the 2 Information on applying for a permit to import United States or interstate. Such United States, or interstate, unless: a noxious weed into the United States is available conditions may include requirements (1) He or she applies for a permit to at http://www.aphis.usda.gov/plant_health/permits/ for inspection of the premises where the move a noxious weed in accordance plantproducts.shtml. noxious weed is to be handled after its 3 Information on applying for a permit to move a with § 360.301; noxious weed interstate is available at http:// movement under the permit, to (2) The permit application is www.aphis.usda.gov/plant_health/permits/ determine whether the facilities there approved; and plantproducts.shtml. are adequate to prevent noxious weed

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dissemination and whether the circumstances allow. If there is a § 360.500 Petitions to add a taxon to the conditions of the permit are otherwise conflict as to any material fact, a hearing noxious weed list. being observed. Before the permit is will be held to resolve the conflict. A person may petition the issued, the Administrator will require Rules of practice concerning such a Administrator to have a taxon added to the responsible person to agree in hearing will be adopted by the the noxious weeds lists in § 360.200. writing to the conditions under which Administrator. Details of the petitioning process for the noxious weed will be safeguarded. adding a taxon to the lists are available § 360.305 Disposal of noxious weeds when on the Internet at http:// permits are canceled. § 360.304 Denial of an application for a www.aphis.usda.gov/plant_health/ permit to move a noxious weed; When a permit for the movement of plant_pest_info/weeds/downloads/ cancellation of a permit to move a noxious a noxious weed is canceled by the weed. listingguide.pdf. Persons who submit a Administrator and not reinstated under petition to add a taxon to the noxious (a) The Administrator may deny an § 360.304(c), further movement of the weed lists must provide their name, application for a permit to move a noxious weed covered by the permit address, telephone number, and (if noxious weed when the Administrator into or through the United States, or available) e-mail address. Persons who determines that: interstate, is prohibited unless submit a petition to add a taxon to the (1) No safeguards adequate or authorized by another permit. The noxious weed lists are encouraged to appropriate to prevent dissemination of responsible person must arrange for provide the following information, the noxious weed can be implemented; disposal of the noxious weed in which can help speed up the review or question in a manner that the (2) The destructive potential of the process and help APHIS determine Administrator determines is adequate to whether the specified plant taxon noxious weed, should it escape despite prevent noxious weed dissemination. proposed safeguards, outweighs the should be listed as a noxious weed: The Administrator may seize, (a) Identification of the taxon. (1) The probable benefits to be derived from the quarantine, treat, apply other remedial taxon’s scientific name and author; proposed movement and use of the measures to, destroy, or otherwise (2) Common synonyms; noxious weed; or dispose of, in such manner as the (3) Botanical classification; (3) The responsible person, or the Administrator deems appropriate, any (4) Common names; responsible person’s agent, as a previous noxious weed that is moved without (5) Summary of life history; permittee, failed to maintain the compliance with any conditions in the (6) Native and world distribution; safeguards or otherwise observe the permit or after the permit has been (7) Distribution in the United States, conditions prescribed in a previous canceled whenever the Administrator if any (specific States, localities, or permit and failed to demonstrate the deems it necessary in order to prevent Global Positioning System coordinates); ability or intent to observe them in the the dissemination of any noxious weed (8) Description of control efforts, if future; or into or within the United States. established in the United States; and (4) The movement could impede an (9) Whether the taxon is regulated at APHIS eradication, suppression, § 360.400 Treatments. the State or local level. control, or regulatory program; or (a) Seeds of Guizotia abyssinica (niger (b) Potential consequences of the (5) A State plant regulatory official seed) are commonly contaminated with taxon’s introduction or spread. (1) The objects to the issuance of the permit on noxious weed seeds listed in § 360.200, taxon’s habitat suitability in the United the grounds that granting the permit including (but not limited to) Cuscuta States (predicted ecological range); will pose a risk of dissemination of the spp. Therefore, Guizotia abyssinica (2) Dispersal potential (biological noxious weed into the State. seeds may be imported into the United characteristics associated with (b) The Administrator may cancel any States only if: invasiveness); outstanding permit when: (1) They are treated in accordance (3) Potential economic impacts (e.g., (1) After the issuance of the permit, with part 305 of this chapter at the time potential to reduce crop yields, lower information is received that constitutes of arrival at the port of first arrival in the commodity values, or cause loss of cause for the denial of an application for United States; or markets for U.S. goods); and permit under paragraph (a) of this (2) They are treated prior to shipment (4) Potential environmental impacts section; or to the United States at a facility that is (e.g., impacts on ecosystem processes, (2) The responsible person has not approved by APHIS 4 and that operates natural community composition or maintained the safeguards or otherwise in compliance with a written agreement structure, human health, recreation observed the conditions specified in the between the treatment facility owner patterns, property values, or use of permit. and the plant protection service of the chemicals to control the taxon). (c) If a permit is orally canceled, exporting country, in which the (c) Likelihood of the taxon’s APHIS will provide the reasons for the treatment facility owner agrees to introduction or spread. (1) Potential withdrawal of the permit in writing comply with the provisions of § 319.37– pathways for the taxon’s movement into within 10 days. Any person whose 6 and allow inspectors and and within the United States; and permit has been canceled or any person representatives of the plant protection (2) The likelihood of survival and who has been denied a permit may service of the exporting country access spread of the taxon within each appeal the decision in writing to the to the treatment facility as necessary to pathway. Administrator within 10 days after monitor compliance with the (d) List of references. receiving the written notification of the regulations. Treatments must be cancellation or denial. The appeal must certified in accordance with the § 360.501 Petitions to remove a taxon from the noxious weed lists. state all of the facts and reasons upon conditions described in § 319.37–13(c) which the person relies to show that the of this chapter. A person may petition the permit was wrongfully canceled or (b) [Reserved] Administrator to remove a taxon from denied. The Administrator will grant or the noxious weeds lists in § 360.200. deny the appeal, in writing, stating the 4 Criteria for the approval of heat treatment Details of the petitioning process for reasons for the decision as promptly as facilities are contained in part 305 of this chapter. removing a taxon from the lists are

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available at http://www.aphis.usda.gov/ abyssinica (Hochstetter ex A. Richard) occurred since the Board was last plant_health/plant_pest_info/weeds/ Stapf’’, ‘‘Euphorbia terracina Linnaeus’’, reapportioned in 2006. As required by downloads/delistingguide.pdf. Persons ‘‘Inula britannica Linnaeus’’, ‘‘Mimosa the Soybean Promotion, Research, and who submit a petition to remove a taxon diplotricha C. Wright’’, ‘‘Moraea collina Consumer Information Act (Act), from the noxious weed lists would be Thunberg’’, ‘‘Moraea flaccida (Sweet) membership on the Board is reviewed required to provide their name, address, Steudel’’, ‘‘Moraea miniata Andrews’’, every 3 years and adjustments are made telephone number, and (if available) e- ‘‘Moraea ochroleuca (Salisbury) accordingly. This proposed change mail address. Persons who submit a Drapiez’’, ‘‘Moraea pallida (Baker) would result in an increase in Board petition to remove a taxon from the Goldblatt’’, ‘‘Onopordum acaulon membership for one State, increasing noxious weed lists are encouraged to Linnaeus’’, and ‘‘Onopordum illyricum the total number of Board members from provide the following information, Linnaeus’’. 68 to 69. These changes would be which can help speed up the review reflected in the Soybean Promotion and process and help APHIS determine § 361.6 Noxious weed seeds. Research Order (Order) and would be whether the specified plant taxon (a) * * * effective for the 2010 appointment should not be listed as a noxious weed: (1) * * * process. (a) Evidence that the species is Digitaria abyssinica (Hochstetter ex A. DATES: Comments must be received by distributed throughout its potential Richard) Stapf August 10, 2009. range or has spread too far to implement * * * * * ADDRESSES: Comments should be posted effective control. Drymaria arenariodes Humboldt & online at http://www.regulations.gov. (b) Evidence that control efforts have Bonpland ex J.A. Schultes Comments received will be posted been unsuccessful and further efforts are * * * * * without change, including any personal unlikely to succeed. Imperata cylindrica (Linnaeus) Palisot information provided. All comments (c) For cultivars of a listed noxious de Beauvois should reference the docket number, weed, scientific evidence that the AMS–LS–09–0026; the date of cultivar has a combination of risk * * * * * submission; and the page number of this elements that result in a low pest risk. Mikania micrantha Kunth issue of the Federal Register. Comments For example, the cultivar may have a * * * * * may also be sent to Kenneth R. Payne, narrow habitat suitability, low dispersal Prosopis farcta (Banks & Solander) J.F. Chief, Marketing Programs Branch, potential, evidence of sterility, inability Macbride Livestock and Seed Program, to cross-pollinate with introduced wild * * * * * Agricultural Marketing Service (AMS), types, or few if any potential negative Prosopis pallida (Humboldt & Bonpland Department of Agriculture (USDA), impacts on the economy or environment ex Willdenow) Kunth Room 2628–S, STOP 0251, 1400 of the United States. * * * * * (d) List of references. Independence Avenue, SW., Setaria pumila (Poir.) Roem. & Schult. Washington, DC 20250–0251. PART 361—IMPORTATION OF SEED subsp. pallidefusca (Schumach.) B.K. FOR FURTHER INFORMATION CONTACT: AND SCREENINGS UNDER THE Simon Kenneth R. Payne, Chief, Marketing FEDERAL SEED ACT * * * * * Programs Branch, Livestock and Seed Spermacoce alata Aublet Program, AMS, USDA, Room 2628–S, 19. The authority citation for part 361 * * * * * STOP 0251, 1400 Independence continues to read as follows: Done in Washington, DC, this 3rd day of Avenue, SW., Washington, DC 20250– Authority: 7 U.S.C. 1581–1610; 7 CFR June 2009. 0251; Telephone 202/720–1115; Fax 2.22, 2.80, and 371.3. Kevin Shea, 202/720–1125; or e-mail to 20. In § 361.6, paragraph (a)(1) is Acting Administrator, Animal and Plant [email protected]. amended as follows: Health Inspection Service. SUPPLEMENTARY INFORMATION: a. By removing the entries for [FR Doc. E9–13507 Filed 6–9–09; 8:45 am] ‘‘Caulerpa taxifolia (Mediterranean Executive Order 12866 BILLING CODE 3410–34–P clone)’’, ‘‘Homeria spp.’’, and ‘‘Mimosa The Office of Management and Budget invisa Martius’’. (OMB) has waived the review process b. By revising the entries for DEPARTMENT OF AGRICULTURE required by Executive Order 12866 for ‘‘Digitaria abyssinica (=D. scalarum)’’, this action. ‘‘Drymaria arenariodes Humboldt & Agricultural Marketing Service Bonpland ex Roemer & Schultes’’, Executive Order 12988 ‘‘Imperata cylindrica (L.) Raeuschel’’, 7 CFR Part 1220 This proposed rule was reviewed ‘‘Mikania micrantha Humboldt, under Executive Order 12988, Civil Bonpland, & Kunth’’, ‘‘Prosopis farcta [Doc. No. AMS–LS–09–0026] Justice Reform. It is not intended to (Solander ex Russell) Macbride’’, Soybean Promotion and Research: have a retroactive effect. This action ‘‘Prosopis pallida (Humboldt & Amend the Order To Adjust would not preempt any State or local Bonpland ex Willdenow) Humboldt, Representation on the United Soybean laws, regulations, or policies unless they Bonpland, & Kunth’’, ‘‘Setaria pallide- Board present an irreconcilable conflict with fusca (Schumacher) Stapf & Hubbard’’, this rule. and ‘‘Spermacoce alata (Aublet) de AGENCY: Agricultural Marketing Service, The Act provides that administrative Candolle’’ to read as set forth below. USDA. proceedings must be exhausted before c. By adding, in alphabetical order, ACTION: Proposed rule. parties may file suit in court. Under entries for ‘‘Acacia nilotica (Linnaeus) section 1971 of the Act, a person subject Wildenow ex Delile’’, ‘‘Ageratina SUMMARY: This proposed rule would to the Order may file a petition with riparia (Regel) R.M. King and H. adjust the number of members on the USDA stating that the Order, any Robinson’’, ‘‘Arctotheca calendula United Soybean Board (Board) to reflect provision of the Order, or any obligation (Linnaeus) Levyns’’, ‘‘Digitaria changes in production levels that have imposed in connection with the Order,

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is not in accordance with the law and 60 members. For purposes of 2008 (excluding the crops in years in request a modification of the Order or establishing the Board, the United States which production was the highest and an exemption from the Order. The was divided into 31 States and in which production was the lowest) petitioner is afforded the opportunity geographical units. Representation on was gathered from NASS. This change for a hearing on the petition. After a the Board from each unit was would not affect the number of hearing, USDA would rule on the determined by the level of production in geographical units. petition. The Act provides that district each unit. The initial Board was This proposed rule would adjust courts of the United States in any appointed on July 11, 1991. The Board representation on the Board as follows: district in which such person is an is composed of soybean producers. inhabitant, or has their principal place Section 1220.201(c) of the Order State Current Proposed of business, has jurisdiction to review provides that at the end of each 3-year representation representation USDA’s ruling on the petition, if a period, the Board shall review soybean Ohio ...... 3 4 complaint for this purpose is filed production levels in the geographic units throughout the United States. The within 20 days after the date of the entry Board adjustments as proposed by Board may recommend to the Secretary of the ruling. this rulemaking would become effective, of Agriculture (Secretary) modification if adopted, with the 2010 appointment Regulatory Flexibility Act in the levels of production necessary for process. AMS has determined that this rule Board membership for each unit. will not have a significant economic Section 1220.201(d) of the Order List of Subjects in 7 CFR 1220 provides that at the end of each 3-year impact on a substantial number of small Administrative practice and period, the Secretary must review the entities, as defined by the Regulatory procedure, Advertising, Agricultural volume of production of each unit and Flexibility Act (RFA) (5 U.S.C. 601– research, Marketing agreements, adjust the boundaries of any unit and 612), because it only adjusts Soybeans and soybean products, the number of Board members from representation on the Board to reflect Reporting and recordkeeping each such unit as necessary to conform changes in production levels that have requirements. occurred since the Board was last with the criteria set forth in reapportioned in 2006. The purpose of § 1220.201(e): (1) To the extent For the reasons set forth in the the RFA is to fit regulatory actions to the practicable, States with annual average preamble, it is proposed that Title 7, scale of businesses subject to such soybean production of less than part 1220 be amended as follows: 3,000,000 bushels shall be grouped into actions so that small businesses will not PART 1220—SOYBEAN PROMOTION, geographically contiguous units, each of be disproportionately burdened. As RESEARCH, AND CONSUMER which has a combined production level such, these changes will not impose a INFORMATION significant impact on persons subject to equal to or greater than 3,000,000 the program. bushels, and each such group shall be 1. The authority citation for 7 CFR There are an estimated 589,182 entitled to at least one member on the Part 1220 continues to read as follows: Board; (2) units with at least 3,000,000 soybean producers and an estimated Authority: 7 U.S.C. 6301–6311 and 7 10,000 first purchasers who collect the bushels, but fewer than 15,000,000 U.S.C. 7401. assessment, most of whom would be bushels shall be entitled to one board considered small businesses under the member; (3) units with 15,000,000 2. In § 1220.201, the table criteria established by the Small bushels or more but fewer than immediately following paragraph (a) is Business Administration (SBA) [13 CFR 70,000,000 bushels shall be entitled to revised to read as follows: 121.201]. SBA defines small agricultural two Board members; (4) units with § 1220.201 Membership of board. 70,000,000 bushels or more but fewer producers as those having annual * * * * * receipts of less than $750,000. than 200,000,000 bushels shall be entitled to three Board members; and (5) Paperwork Reduction Act Number of units with 200,000,000 bushels or more Unit members In accordance with the Paperwork shall be entitled to four Board members. Reduction Act of 1995 (44 U.S.C. The Board was last reapportioned in Illinois ...... 4 Chapter 35), the reporting and 2006. The total Board membership Iowa ...... 4 recordkeeping requirements included in increased from 64 to 68 members, with Minnesota ...... 4 7 CFR part 1220 were previously Nebraska, North Dakota, Pennsylvania, Indiana ...... 4 approved by OMB and were assigned and Virginia each gaining one Nebraska ...... 4 Ohio ...... 4 control number 0581–0093. additional member. Additionally, Missouri ...... 3 Florida was grouped with the Eastern Background and Proposed Changes Arkansas ...... 3 Region due to lower production levels. South Dakota ...... 3 The Act (7 U.S.C. 6301–6311) These changes were effective with the Kansas ...... 3 provides for the establishment of a 2007 appointments. Michigan ...... 3 coordinated program of promotion and Currently, the Board has 68 members North Dakota ...... 3 research designed to strengthen the representing 30 geographical units. This Mississippi ...... 2 soybean industry’s position in the membership is based on average Louisiana ...... 2 marketplace, and to maintain and production levels for the years 2001– Tennessee ...... 2 expand domestic and foreign markets 2005 (excluding crops in years that North Carolina ...... 2 and uses for soybeans and soybean Kentucky ...... 2 production was the highest and that Pennsylvania ...... 2 products. The program is financed by an production was the lowest) as reported Virginia ...... 2 assessment of 0.5 percent of the net by USDA’s National Agricultural Maryland ...... 2 market price of soybeans sold by Statistics Service (NASS). Wisconsin ...... 2 producers. Pursuant to the Act, an Order This proposed rule would increase Georgia ...... 1 was made effective July 9, 1991. The total membership on the Board from 68 South Carolina ...... 1 Order established an initial Board with to 69. Production data for years 2003– Alabama ...... 1

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® Number of NUHOMS –24PTH DSC, allow storage NRC’s public documents. If you do not Unit members of control components in the have access to ADAMS or if there are NUHOMS ®–32PT DSC, and add a new problems in accessing the documents Delaware ...... 1 Technical Specification, which applies located in ADAMS, contact the NRC’s Texas ...... 1 to Independent Spent Fuel Storage PDR Reference staff at 1–800–397–4209, Oklahoma ...... 1 New York ...... 1 Installation sites located in a coastal 301–415–4737 or by e-mail to marine environment, that any load [email protected]. An electronic bearing carbon steel component which copy of the proposed CoC No. 1004, the Unit Number of is part of the HSM must contain at least proposed technical specifications (TS), members 0.20 percent copper as an alloy and the preliminary safety evaluation Eastern Region: addition. report (SER) can be found under (Florida, Massachusetts, New DATES: Comments on the proposed rule ADAMS Package Number Jersey,Connecticut, Flor- must be received on or before July 10, ML090400180. ida, Rhode Island, 2009. The proposed CoC No. 1004, the Vermont, New Hampshire, proposed TS, the preliminary SER, and Maine, West Virginia, Dis- ADDRESSES: You may submit comments by any one of the following methods. the environmental assessment are trict of Columbia, and available for inspection at the NRC PDR, Puerto Rico ...... 1 Comments submitted in writing or in Western Region: electronic form will be made available 11555 Rockville Pike, Rockville, MD. (Montana, Wyoming, Colo- for public inspection. Because your Single copies of these documents may rado, New Mexico, Idaho, comments will not be edited to remove be obtained from Jayne M. McCausland, Utah, Arizona, Washington, any identifying or contact information, Office of Federal and State Materials Oregon, Nevada, Cali- the NRC cautions you against including and Environmental Management fornia, Hawaii, and Alaska) 1 any information in your submission that Programs, U.S. Nuclear Regulatory you do not want to be publicly Commission, Washington, DC 20555– * * * * * disclosed. 0001, telephone (301) 415–6219, e-mail Dated: June 3, 2009. Federal e-Rulemaking Portal: Go to [email protected]. David R. Shipman, http://www.regulations.gov and search FOR FURTHER INFORMATION CONTACT: Acting Administrator, Agricultural Marketing for documents filed under Docket ID Jayne M. McCausland, Office of Federal Service. [NRC–2009–0162]. Address questions and State Materials and Environmental [FR Doc. E9–13533 Filed 6–9–09; 8:45 am] about NRC dockets to Carol Gallagher Management Programs, U.S. Nuclear BILLING CODE 3410–02–P 301–492–3668; e-mail Regulatory Commission, Washington, [email protected]. DC 20555–0001, telephone (301) 415– Mail comments to: Secretary, U.S. 6219, e-mail NUCLEAR REGULATORY Nuclear Regulatory Commission, [email protected]. COMMISSION Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. SUPPLEMENTARY INFORMATION: For additional supplementary information, 10 CFR Part 72 E-mail comments to: [email protected]. If you see the direct final rule published in the [NRC–2009–0162] do not receive a reply e-mail confirming Rules and Regulations section of this Federal Register. RIN 3150–AI62 that we have received your comments, contact us directly at 301–415–1677. Procedural Background List of Approved Spent Fuel Storage Hand deliver comments to: 11555 Casks: Standardized NUHOMS ® Rockville Pike, Rockville, Maryland This rule is limited to the changes System Revision 10 20852, between 7:30 am and 4:15 pm contained in Amendment No. 10 to CoC Federal workdays. (Telephone 301–415– No. 1004 and does not include other ® AGENCY: Nuclear Regulatory 1677) aspects of the Standardized NUHOMS Commission. Fax comments to: Secretary, U.S. System design. Because NRC considers ACTION: Proposed rule. Nuclear Regulatory Commission at 301– this action noncontroversial and 415–1101. routine, the NRC is publishing this SUMMARY: The U.S. Nuclear Regulatory You can access publicly available proposed rule concurrently as a direct Commission (NRC) is proposing to documents related to this document final rule in the Rules and Regulations amend its spent fuel storage cask using the following methods: section of this Federal Register. regulations by revising the NRC’s Public Document Room (PDR): Adequate protection of public health Transnuclear, Inc. (TN), Standardized The public may examine and have and safety continues to be ensured. The NUHOMS ® System listing within the copied for a fee publicly available direct final rule will become effective on ‘‘List of Approved Spent Fuel Storage documents at the NRC’s PDR, Public August 24, 2009. However, if the NRC Casks’’ to include Amendment No. 10 to File Area O1–F21, One White Flint receives significant adverse comments Certificate of Compliance (CoC) Number North, 11555 Rockville Pike, Rockville, on the direct final rule by July 10, 2009, 1004. Amendment No. 10 would modify Maryland. then the NRC will publish a document the CoC to add a dry shielded canister NRC’s Agencywide Documents Access that withdraws the direct final rule. If (DSC) designated the NUHOMS ®– and Management System (ADAMS): the direct final rule is withdrawn, the 61BTH DSC, add a dry shielded canister Publicly available documents created or NRC will address the comments designated the NUHOMS ®–32PTH1 received at the NRC are available received in response to the proposed DSC, add an alternate high-seismic electronically at the NRC’s Electronic revisions in a subsequent final rule. option of the horizontal storage module Reading Room at http://www.nrc.gov/ Absent significant modifications to the (HSM) for storing the 32PTH1 DSC, reading-rm/adams.html. From this page, proposed revisions requiring allow storage of Westinghouse 15×15 the public can gain entry into ADAMS, republication, the NRC will not initiate Partial Length Shield Assemblies in the which provides text and image files of a second comment period on this action

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in the event the direct final rule is 929, 930, 932, 933, 934, 935, 948, 953, 954, Docket Number: 72–1004. withdrawn. 955, as amended, sec. 234, 83 Stat. 444, as Certificate Expiration Date: January 23, A significant adverse comment is a amended (42 U.S.C. 2071, 2073, 2077, 2092, 2015. comment where the commenter 2093, 2095, 2099, 2111, 2201, 2232, 2233, Model Number: NUHOMS ®–24P, explains why the rule would be 2234, 2236, 2237, 2238, 2282); sec. 274, –24PHB, –24PTH, –32PT, –32PTH1, Public Law 86–373, 73 Stat. 688, as amended –52B, –61BT, and –61BTH. inappropriate, including challenges to (42 U.S.C. 2021); sec. 201, as amended, 202, the rule’s underlying premise or 206, 88 Stat. 1242, as amended, 1244, 1246 * * * * * approach, or would be ineffective or (42 U.S.C. 5841, 5842, 5846); Public Law 95– Dated at Rockville, Maryland, this 28th day unacceptable without a change. A 601, sec. 10, 92 Stat. 2951 as amended by of May, 2009. Public Law 102–486, sec. 7902, 106 Stat. comment is adverse and significant if: For the Nuclear Regulatory Commission. (1) The comment opposes the rule and 3123 (42 U.S.C. 5851); sec. 102, Public Law provides a reason sufficient to require a -190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, R.W. Borchardt, substantive response in a notice-and- 132, 133, 135, 137, 141, Public Law 97–425, Executive Director for Operations. comment process. For example, a 96 Stat. 2229, 2230, 2232, 2241, sec. 148, [FR Doc. E9–13578 Filed 6–9–09; 8:45 am] Public Law 100–203, 101 Stat. 1330–235 (42 BILLING CODE 7590–01–P substantive response is required when: U.S.C. 10151, 10152, 10153, 10155, 10157, (a) The comment causes the NRC staff 10161, 10168); sec. 1704, 112 Stat. 2750 (44 to reevaluate (or reconsider) its position U.S.C. 3504 note); sec. 651(e), Public Law or conduct additional analysis; 109–58, 119 Stat. 806–10 (42 U.S.C. 2014, FEDERAL HOUSING FINANCE (b) The comment raises an issue 2021, 2021b, 2111). AGENCY serious enough to warrant a substantive Section 72.44(g) also issued under secs. 12 CFR Part 1212 response to clarify or complete the 142(b) and 148(c), (d), Public Law 100–203, record; or 101 Stat. 1330–232, 1330–236 (42 U.S.C. RIN 2590–AA19 (c) The comment raises a relevant 10162(b), 10168(c), (d)). Section 72.46 also issue that was not previously addressed issued under sec. 189, 68 Stat. 955 (42 U.S.C. Post-Employment Restriction for or considered by the NRC staff. 2239); sec. 134, Public Law 97–425, 96 Stat. Senior Examiners (2) The comment proposes a change 2230 (42 U.S.C. 10154). Section 72.96(d) also or an addition to the rule, and it is issued under sec. 145(g), Public Law 100– AGENCY: Federal Housing Finance apparent that the rule would be 203, 101 Stat. 1330–235 (42 U.S.C. 10165(g)). Agency. ineffective or unacceptable without Subpart J also issued under secs. 2(2), 2(15), ACTION: Notice of proposed rulemaking. 2(19), 117(a), 141(h), Public Law 97–425, 96 incorporation of the change or addition. Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. SUMMARY: The Federal Housing Finance (3) The comment causes the NRC staff 10101, 10137(a), 10161(h)). Subparts K and L Agency (FHFA) proposes to issue a to make a change (other than editorial) are also issued under sec. 133, 98 Stat. 2230 regulation that cross-references the to the rule, CoC, or TS. (42 U.S.C. 10153) and sec. 218(a), 96 Stat. Supplemental Standards of Ethical For additional procedural information 2252 (42 U.S.C. 10198). Conduct for Employees of FHFA and and the regulatory analysis, see the 2. In § 72.214, Certificate of that sets forth post-employment direct final rule published in the Rules Compliance 1004 is revised to read as restrictions for senior examiners of and Regulations section of this Federal follows: FHFA pursuant to 12 U.S.C. 4517(e). Register. § 72.214 List of approved spent fuel DATES: Comments regarding the Notice List of Subjects in 10 CFR Part 72 storage casks. of Proposed Rulemaking must be received on or before July 27, 2009. For Administrative practice and * * * * * procedure, Hazardous waste, Nuclear Certificate Number: 1004. additional information, see materials, Occupational safety and Initial Certificate Effective Date: January SUPPLEMENTARY INFORMATION. health, Radiation protection, Reporting 23, 1995. ADDRESSES: You may submit your and recordkeeping requirements, Amendment Number 1 Effective Date: comments on the proposed rulemaking, Security measures, Spent fuel, April 27, 2000. identified by ‘‘RIN 2590–AA19,’’ by any Whistleblowing. Amendment Number 2 Effective Date: of the following methods: • For the reasons set out in the September 5, 2000. U.S. Mail, United Parcel Service, preamble and under the authority of the Amendment Number 3 Effective Date: Federal Express, or Other Mail Service: Atomic Energy Act of 1954, as amended; September 12, 2001. The mailing address for comments is: the Energy Reorganization Act of 1974, Amendment Number 4 Effective Date: Alfred M. Pollard, General Counsel, as amended; the Nuclear Waste Policy February 12, 2002. Attention: Comments/RIN 2590–AA19, Act of 1982, as amended, and 5 U.S.C. Amendment Number 5 Effective Date: Federal Housing Finance Agency, 553; the NRC is proposing to adopt the January 7, 2004. Fourth Floor, 1700 G Street, NW., Amendment Number 6 Effective Date: Washington, DC 20552. following amendments to 10 CFR Part • 72. December 22, 2003. Hand Delivered/Courier: The hand Amendment Number 7 Effective Date: delivery address is: Alfred M. Pollard, PART 72—LICENSING March 2, 2004. General Counsel, Attention: Comments/ REQUIREMENTS FOR THE Amendment Number 8 Effective Date: RIN 2590–AA19, Federal Housing INDEPENDENT STORAGE OF SPENT December 5, 2005. Finance Agency, Fourth Floor, 1700 G NUCLEAR FUEL, HIGH-LEVEL Amendment Number 9 Effective Date: Street, NW., Washington, DC 20552. The RADIOACTIVE WASTE, AND April 17, 2007 package should be logged at the Guard REACTOR-RELATED GREATER THAN Amendment Number 10 Effective Date: Desk, First Floor, on business days CLASS C WASTE August 24, 2009. between 9 a.m. and 5 p.m. SAR Submitted by: Transnuclear, Inc. • E-mail: Comments to Alfred M. 1. The authority citation for Part 72 SAR Title: Final Safety Analysis Report Pollard, General Counsel, may be sent continues to read as follows: for the Standardized NUHOMS ® by e-mail to [email protected]. Authority: Secs. 51, 53, 57, 62, 63, 65, 69, Horizontal Modular Storage System Please include ‘‘RIN 2590–AA19’’ in the 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. for Irradiated Nuclear Fuel. subject line of the message.

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• Federal eRulemaking Portal: http:// Soundness Act and rules, regulation, Subpart B—Post-Employment www.regulations.gov. Follow the guidelines and orders issued under the Restriction for Senior Examiners instructions for submitting comments. If Safety and Soundness Act, and the Section 1212.1 Purpose and scope you submit your comment to the respective authorizing statutes of the Federal eRulemaking Portal, please also regulated entities; and carry out their Proposed § 1212.1 would provide that send it by e-mail to FHFA at missions through activities authorized the purpose of subpart B is to set forth [email protected] to ensure and consistent with the Safety and special post-employment restrictions timely receipt by the agency. Include Soundness Act and their authorizing that are applicable to senior examiners the following information in the subject statutes; and, that the activities and that are in addition to the post- line of your submission: Comments/RIN operations of the regulated entities are employment restriction for FHFA 2590–AA19. consistent with the public interest. employees under section 12 U.S.C. FOR FURTHER INFORMATION CONTACT: FHFA also has regulatory authority over 4523, which is restated in 5 CFR part Janice A. Kullman, Assistant General the Office of Finance under 12 U.S.C 9001. The post-employment restriction Counsel, telephone (202) 414–8970 (not 4511. applicable to FHFA employees under 12 a toll-free number), Federal Housing Section 6303(b) of the Intelligence U.S.C. 4523 provides that officers and Finance Agency, Fourth Floor, 1700 G Reform and Terrorism Prevention Act of employees of FHFA who are Street, NW., Washington, DC 20552. The 2004, Public Law No. 108–458 (Dec. 17, compensated at a certain salary level are telephone number for the 2004), in amending section 10 of the not permitted to accept compensation Telecommunications Device for the Deaf Federal Deposit Insurance Act, from the Federal National Mortgage is (800) 877–8339. established a post-employment Association and the Federal Home Loan SUPPLEMENTARY INFORMATION: restriction for senior examiners of the Mortgage Corporation (Enterprises) for a period of two years after leaving FHFA. I. Comments Office of the Comptroller of the Currency, Federal Reserve System, Section 1212.2 Definitions The Federal Housing Finance Agency Federal Deposit Insurance Corporation, (FHFA) invites comment on all aspects and Office of Thrift Supervision.2 In This proposed section would set forth of the proposed regulation, and will response, the Board of Governors of the definitions applicable to subpart B. consider all relevant comments before Federal Reserve System (Federal Consultant would be defined as a issuing the final regulation. Copies of all Reserve) and the other financial person who works directly on matters comments will be posted without regulators issued regulations on for, or on behalf of, a regulated entity, change, including any personal November 17, 2005, to reflect the new or the Office of Finance. information you provide, such as your post-employment restriction. Director would mean the Director of name and address, on the FHFA Web FHFA or his or her designee. The Safety and Soundness Act site at http://www.fhfa.gov. In addition, Employee would be defined as an provides that each examiner of FHFA copies of all comments received will be officer or employee of FHFA, including ‘‘shall be subject to the same available for examination by the public a special Government employee. disclosures, prohibitions, obligations on business days between the hours of Federal Home Loan Bank or Bank and penalties as are applicable to 10 a.m. and 3 p.m. at the Federal would be defined as a Bank established examiners employed by the Federal Housing Finance Agency, Fourth Floor, under the Federal Home Loan Bank Act; Reserve Banks.’’ 12 U.S.C. 4517(e). In 1700 G Street, NW., Washington, DC the term ‘‘Federal Home Loan Banks’’ light of that provision, this proposed 20552. To make an appointment to means, collectively, all the Federal regulation sets forth post-employment inspect comments, please call the Office Home Loan Banks. of General Counsel at (202) 414–3751. restrictions that are essentially the same as the restrictions in the post- Office of Finance would be defined as II. Background employment regulation of the Federal the Office of Finance of the Federal Home Loan Bank System. The Housing and Economic Recovery Reserve at 12 CFR part 264a, including Regulated entity would be defined as Act of 2008 (HERA), Public Law No. penalty provisions. the Federal National Mortgage 110–289, 122 Stat. 2654, amended the The Federal Reserve relies on section Association and any affiliate thereof, the Federal Housing Enterprises Financial 8 of the Federal Deposit Insurance Act Federal Home Loan Mortgage Safety and Soundness Act of 1992 (12 (12 U.S.C. 1818) for the penalty Corporation and any affiliate thereof, or U.S.C. 4501 et seq.) (Safety and enforcement section of its regulation. any Federal Home Loan Bank; the term Soundness Act) to establish FHFA as an FHFA relies on similar provisions in ‘‘regulated entities’’ would be defined to independent agency of the Federal section 1376 and 1377 of the Safety and mean, collectively, the Federal National Government.1 FHFA was established to Soundness Act (12 U.S.C. 4636 and Mortgage Association and any affiliate oversee the prudential operations of the 4636a, respectively). thereof, the Federal Home Loan Federal National Mortgage Association Mortgage Corporation and any affiliate and the Federal Home Loan Mortgage III. Section-by-Section Analysis thereof, and the Federal Home Loan Corporation (collectively, the The following is a section-by-section Banks. Enterprises), and the Federal Home analysis of the proposed regulation. Safety and Soundness Act would be Loan Banks (Banks) (collectively, the defined as the Federal Housing regulated entities), and to ensure that Subpart A Enterprises Financial Safety and they operate in a safe and sound manner Subpart A would be reserved. FHFA Soundness Act of 1992, as amended by including being capitalized adequately; intends to cross-reference the the Federal Housing Finance Regulatory foster liquid, efficient, competitive and Supplemental Standards of Ethical Reform Act of 2008, Division A of the resilient national housing finance Conduct for Employees of the Federal Housing and Economic Recovery Act of markets; comply with the Safety and Housing Finance Agency when such 2008, Public Law No. 110–289, 122 Stat. standards are published. 2654 (2008). 1 See Division A, titled the ‘‘Federal Housing Finance Regulatory Reform Act of 2008,’’ Title I, Senior examiner would be defined as Section 1101 of HERA. 2 12 U.S.C. 1820(k). an FHFA employee who has been:

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• Authorized by FHFA to conduct FHFA expects that the examiner-in- Office of Finance for one year after examinations or inspections on behalf of charge (EIC) of a Bank or the Office of leaving the employment of FHFA if he FHFA; Finance would be subject to the one- or she has examined the regulated entity • Assigned continuing, broad and year post-employment restriction from or the Office of Finance for two or more lead responsibility for examining a working at the Bank or Office of Finance months during the last 12 months of regulated entity or the Office of Finance; for which he or she served as EIC, but employment at FHFA. and not necessarily other Banks which he or A person would be deemed to be a • Assigned responsibilities for she may examine. In addition, the consultant for purposes of the one-year examining, inspecting, and supervising portfolio managers, who each generally post-employment restriction if such the regulated entity or the Office of oversee four Banks, would be subject to person ‘‘directly works on matters for, Finance that— the one-year post-employment or on behalf of’’ the relevant regulated Æ Represents a substantial portion of restriction for each Bank they oversee. entity or the Office of Finance. FHFA the employee’s assigned These two groups of employees are intends this provision to mean that a responsibilities; and responsible for establishing the scope of former senior examiner who joins a Æ Requires the employee to interact annual exams and assigning the consulting or other firm or is self- routinely with officers or employees of composite rating for the Banks and employed as a consultant may not, the regulated entity or the Office of therefore meet the definition of senior during the one-year post-employment Finance. examiner. There may be rare instances period, participate in any work that the To be considered a ‘‘senior of other examiners who meet the firm is conducting for a regulated entity examiner,’’ an employee must meet each definition, but FHFA would not expect or the Office of Finance that the former of the criteria listed above. Thus, an that an examiner supervising one aspect senior examiner would be prohibited examiner who spends a substantial of safety and soundness for all the from doing directly. The former senior portion of his or her time conducting or Banks would fall into the definition of examiner would not, however, violate leading a targeted examination, but who the term ‘‘senior examiner.’’ Such a the post-employment restrictions by does not have broad and lead subject matter examiner would not have joining a firm that performs work for responsibility for the overall substantial enough contacts with any such a regulated entity or the Office of examination program with respect to a one particular bank to warrant a post- Finance as long as the former senior regulated entity or the Office of Finance employment restriction. FHFA estimates examiner does not personally that approximately 15 examiners who would not be considered a ‘‘senior participate in any such work. serve as EICs and portfolio managers for examiner’’ with respect to that regulated The proposed post-employment the Banks and the Office of Finance entity or the Office of Finance. An restriction would not apply to any would be considered ‘‘senior examiner who divides his or her time officer or employee of FHFA or any examiners’’ for the purposes of this across a portfolio of regulatory entities, former officer or employee of FHFA proposed regulation. each of which does not represent a Examiners who examine the who ceased to be an officer or employee substantial portion of the examiner’s Enterprises are subject to the two-year of FHFA before the effective date of responsibilities, also would not be post-employment restriction set forth in subpart B of this part. considered a ‘‘senior examiner.’’ Such 12 U.S.C. 4523 if they earn a certain Section 1212.4 Waiver an examiner is not likely to develop the salary, as is every FHFA employee. This type and degree of relationship with any two-year post-employment restriction Proposed § 1212.4 would allow the one regulated entity or the Office of would subsume the one-year post- Director, at the written request of a Finance that the proposed post- employment restriction with respect to former senior examiner, to waive in employment restriction is designed to accepting employment at the writing, application of the one-year address. FHFA believes that an Enterprises because any examiner who post-employment restriction, on a case- examiner has continuing responsibility is a ‘‘senior examiner’’ would already be by-case basis, if the Director determines for a regulated entity or the Office of precluded from accepting employment that granting the waiver would not Finance only when the examiner’s from an Enterprise because of his or her affect the integrity of the supervisory responsibilities for the regulated entity salary level. While there are program of FHFA. FHFA expects that or the Office of Finance are expected to approximately 30 examiners whose waivers would be granted only in continue for a period of time that would salary is below the threshold that would special circumstances. enable the examiner to develop a trigger the two-year post-employment Section 1212.5 Penalties meaningful, dedicated, and sustained restriction, those examiners do not have relationship with the regulated entity or broad and lead responsibility for Proposed § 1212.5 would require the Office of Finance. FHFA believes examining a regulated entity or the FHFA to seek one or both of the that such a period of time would be at Office of Finance and therefore would following penalties against a former least two months. not meet the definition of ‘‘senior senior examiner who violates the one- To help examiners comply with the examiner.’’ FHFA believes that any year post-employment restriction: post-employment restrictions, FHFA examiner of an Enterprise who is a (1) An order removing the individual intends that the designated agency ‘‘senior examiner’’ would also be subject from his or her position at, or ethics official (DAEO) or the alternate to the two-year post-employment prohibiting the individual from further DAEO would notify examiners in restriction under 12 U.S.C. 4523. participation in the affairs of, the writing if they are subject to either the regulated entity or the Office of Finance one-year post-employment restriction or Section 1212.3 Post-employment for a period of up to five years, and the two-year post-employment restriction for senior examiners prohibiting the individual from restriction under 12 U.S.C. 4523, or Proposed § 1212.3 would prohibit a participating in the conduct of the both. The DAEO or alternate DAEO senior examiner from knowingly affairs of any regulated entity or the would also provide examiners accepting compensation as an Office of Finance for a period of up to information about how to conform to employee, officer, director, or five years; or (2) a civil money penalty one or both of the restrictions. consultant of a regulated entity or the of not more than $250,000.

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The former senior examiner against 1212.5 Penalties. (3) Assigned responsibilities for whom FHFA seeks to impose these Authority: 12 U.S.C. 4526, 12 U.S.C. examining, inspecting and supervising penalties would have the procedural 4517(e). the regulated entity or the Office of rights set forth in 12 U.S.C. 4636 and Finance that— 4636a, as applicable, and any Subpart A—[Reserved] (i) Represents a substantial portion of implementing regulations issued by the employee’s assigned FHFA. Subpart B—Post-Employment responsibilities; and Restriction for Senior Examiners (ii) Requires the employee to interact Regulatory Impacts routinely with officers or employees of § 1212.1 Purpose and scope. Paperwork Reduction Act the regulated entity or the Office of This subpart sets forth a one-year Finance. The proposed regulation does not post-employment restriction applicable contain any information collection to senior examiners of the Federal § 1212.3 Post-employment restriction for requirement that requires the approval Housing Finance Agency (FHFA). This senior examiners. of the Office of Management and Budget restriction is in addition to the post- (a) Prohibition. An employee of FHFA under the Paperwork Reduction Act (44 employment restriction applicable to who serves as the senior examiner of a U.S.C. 3501 et seq.). employees of FHFA under section 12 regulated entity or the Office of Finance Regulatory Flexibility Act U.S.C. 4523. for two or more months during the last The Regulatory Flexibility Act (5 12 months of his or her employment § 1212.2 Definitions. with FHFA may not, within one year U.S.C. 601 et seq.) requires that a For purposes of subpart B of this part, regulation that has a significant after leaving the employment of FHFA, the term: knowingly accept compensation as an economic impact on a substantial Consultant means a person who number of small entities, small employee, officer, director, or works directly on matters for, or on consultant from a regulated entity or the businesses, or small organizations must behalf of, a regulated entity or the Office include an initial regulatory flexibility Office of Finance unless the Director of Finance. grants a waiver pursuant to § 1212.4. analysis describing the regulation’s Director means the Director of FHFA impact on small entities. Such an (b) Effective date. The post- or his or her designee. employment restriction in paragraph (a) analysis need not be undertaken if the Employee means an officer or agency has certified that the regulation of this section shall not apply to any employee of FHFA, including a special officer or employee of FHFA or any does not have a significant economic Government employee. impact on a substantial number of small former officer or employee of FHFA Federal Home Loan Bank or Bank who ceased to be an officer or employee entities. 5 U.S.C. 605(b). FHFA has means a Bank established under the considered the impact of the proposed of FHFA before the effective date of Federal Home Loan Bank Act; the term Subpart B of this part. regulation under the Regulatory ‘‘Federal Home Loan Banks’’ means, Flexibility Act. FHFA certifies that the collectively, all the Federal Home Loan § 1212.4 Waiver. proposed regulation is not likely to have Banks. At the written request of a senior a significant economic impact on a Office of Finance means the Office of examiner or former senior examiner, the substantial number of small business Finance of the Federal Home Loan Bank Director may waive the post- entities because the regulation is System, or any successor thereto. employment restriction in § 1212.3 if he applicable only to employees and Regulated entity means the Federal or she certifies, in writing, and on a officers and former employees and National Mortgage Association and any case-by-case basis, that granting a officers of FHFA, who are not small affiliate thereof, the Federal Home Loan waiver of such restriction would not entities for purposes of the Regulatory Mortgage Corporation and any affiliate affect the integrity of the supervisory Flexibility Act. thereof, any Federal Home Loan Bank; program of FHFA. List of Subjects in 12 CFR part 1212 the term ‘‘regulated entities’’ means, collectively, the Federal National § 1212.5 Penalties. Administrative practice and Mortgage Association and any affiliate (a) General. A senior examiner who, procedure, Conflicts of interest, Ethics, thereof, the Federal Home Loan after leaving the employment of FHFA, Federal Housing Finance Agency. Mortgage Corporation and any affiliate violates the restriction set forth in Accordingly, for the reasons stated in thereof, and the Federal Home Loan § 1212.3 shall be subject to one or both the preamble, under the authority of 12 Banks. of the following penalties— U.S.C. 4526 and 4517(e), FHFA Safety and Soundness Act means the (1) An order: proposes to amend 12 CFR Chapter XII Federal Housing Enterprises Financial (i) Removing the individual from by adding part 1212 to Subchapter A to Safety and Soundness Act of 1992, as office at the regulated entity or the read as follows: amended by the Federal Housing Office of Finance or prohibiting the Finance Regulatory Reform Act of 2008, individual from further participation in PART 1212—POST-EMPLOYMENT Division A of the Housing and the affairs of the relevant regulated RESTRICTION FOR SENIOR Economic Recovery Act of 2008, Public entity or the Office of Finance for a EXAMINERS Law No. 110–289, 122 Stat. 2654 (2008). period of up to five years; and Subpart A—[Reserved] Senior examiner means an employee (ii) Prohibiting the individual from of FHFA who has been: participating in the affairs of any Subpart B—Post-Employment Restriction for Senior Examiners (1) Authorized by FHFA to conduct regulated entity or the Office of Finance examinations or inspections on behalf of for a period of up to five years; and/or Sec. FHFA; (2) A civil money penalty of not more 1212.1 Purpose and scope. 1212.2 Definitions. (2) Assigned continuing, broad and than $250,000. 1212.3 Post-employment restriction for lead responsibility for examining a (b) Other penalties. The penalties set senior examiners. regulated entity or the Office of Finance; forth in paragraph (a) of this section are 1212.4 Waiver. and, not exclusive, and a senior examiner

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who violates the restrictions in § 1212.3 address the unsafe condition described FAA–2009–0525; Directorate Identifier also may be subject to other in the MCAI. 2009–NM–027–AD’’ at the beginning of administrative, civil, or criminal DATES: We must receive comments on your comments. We specifically invite remedies or penalties as provided in this proposed AD by July 10, 2009. comments on the overall regulatory, law. ADDRESSES: You may send comments by economic, environmental, and energy (c) Procedural rights. The procedures any of the following methods: aspects of this proposed AD. We will applicable to actions under paragraph • Federal eRulemaking Portal: Go to consider all comments received by the (a) of this section are those provided in http://www.regulations.gov. Follow the closing date and may amend this the Safety and Soundness Act under instructions for submitting comments. proposed AD based on those comments. section 1376, in connection with the • Fax: (202) 493–2251. We will post all comments we imposition of a civil money penalty; • Mail: U.S. Department of receive, without change, to http:// under section 1377, in connection with Transportation, Docket Operations, M– www.regulations.gov, including any a removal and prohibition order (12 30, West Building Ground Floor, Room personal information you provide. We U.S.C. 4636 and 4636a, respectively); W12–140, 1200 New Jersey Avenue, SE., will also post a report summarizing each and under any regulations issued by Washington, DC 20590. substantive verbal contact we receive FHFA implementing such procedures. • Hand Delivery: U.S. Department of about this proposed AD. Transportation, Docket Operations, M– Dated: May 27, 2009. Discussion James B. Lockhart III, 30, West Building Ground Floor, Room Director, Federal Housing Finance Agency. W12–140, 1200 New Jersey Avenue, SE., On February 19, 2003, we issued AD Washington, DC, between 9 a.m. and 5 2003–04–21, Amendment 39–13070 (68 [FR Doc. E9–13620 Filed 6–9–09; 8:45 am] p.m., Monday through Friday, except FR 9509, February 28, 2003). A BILLING CODE P Federal holidays. correction of that AD was published in For service information identified in the Federal Register on March 25, 2003 this proposed AD, contact Bombardier, (68 FR 14309). That AD required actions DEPARTMENT OF TRANSPORTATION Inc., 400 Coˆte-Vertu Road West, Dorval, intended to address an unsafe condition Que´bec H4S 1Y9, Canada; telephone on the products listed above. Federal Aviation Administration 514–855–5000; fax 514–855–7401; e- Since we issued AD 2003–04–21, it mail [email protected]; was discovered that the new placards 14 CFR Part 39 Internet http://www.bombardier.com. illustrated an incorrect hand position [Docket No. FAA–2009–0525; Directorate You may review copies of the for removal of the exit upper handle Identifier 2009–NM–027–AD] referenced service information at the cover. Transport Canada Civil Aviation, FAA, Transport Airplane Directorate, which is the aviation authority for RIN 2120–AA64 1601 Lind Avenue SW., Renton, Canada, has issued Canadian Washington. For information on the Airworthiness Directive CF–2009–02, Airworthiness Directives; Bombardier availability of this material at the FAA, dated January 19, 2009 (referred to after Model CL–600–2B19 (Regional Jet call 425–227–1221 or 425–227–1152. this as ‘‘the MCAI’’), to correct an unsafe Series 100 & 440) Airplanes Examining the AD Docket condition for the specified products. AGENCY: The MCAI states: Federal Aviation You may examine the AD docket on Administration (FAA), DOT. the Internet at http:// AD CF–2002–12 [which corresponds to FAA AD 2003–04–21] mandated installation ACTION: Notice of proposed rulemaking www.regulations.gov; or in person at the (NPRM). of revised overwing emergency exit placards Docket Operations office between 9 a.m. showing that the exit door should be opened and 5 p.m., Monday through Friday, SUMMARY: We propose to adopt a new and disposed from a seated position. except Federal holidays. The AD docket airworthiness directive (AD) for the However, it was later discovered that the new contains this proposed AD, the placards illustrated an incorrect hand products listed above that would regulatory evaluation, any comments position for removal of the exit upper handle supersede an existing AD. This received, and other information. The cover. These incorrect instructions could proposed AD results from mandatory street address for the Docket Operations cause difficulty or delay when opening the continuing airworthiness information office (telephone (800) 647–5527) is in overwing emergency exit. (MCAI) originated by an aviation the ADDRESSES section. Comments will authority of another country to identify As a result, the timely and safe be available in the AD docket shortly and correct an unsafe condition on an evacuation of passenger and crew may after receipt. aviation product. The MCAI describes be impeded. The required actions the unsafe condition as: FOR FURTHER INFORMATION CONTACT: include replacing the incorrect placards Christopher Alfano, Aerospace with revised placards. You may obtain AD CF–2002–12 [which corresponds to Engineer, Airframe and Mechanical further information by examining the FAA AD 2003–04–21, amendment 39–13070] Systems Branch, ANE–171, FAA, New MCAI in the AD docket. mandated installation of revised overwing emergency exit placards showing that the York Aircraft Certification Office, 1600 This NPRM adds certain airplanes to exit door should be opened and disposed Stewart Avenue, Suite 410, Westbury, the applicability; we have determined from a seated position. However, it was later New York 11590; telephone (516) 228– that these additional airplanes are discovered that the new placards illustrated 7340; fax (516) 794–5531. affected by the identified unsafe an incorrect hand position for removal of the SUPPLEMENTARY INFORMATION: condition. These airplanes were added exit upper handle cover. These incorrect as they also have the same interior instructions could cause difficulty or delay Comments Invited configuration. This NPRM also removes when opening the overwing emergency exit. We invite you to send any written certain airplanes from the applicability; As a result, the timely and safe relevant data, views, or arguments about airplanes with serial numbers 7075, evacuation of passenger and crew may this proposed AD. Send your comments 7099, 7136, 7140, 7152, 7176, and 7351 be impeded. The proposed AD would to an address listed under the have been removed because they have require actions that are intended to ADDRESSES section. Include ‘‘Docket No. different placards installed.

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Relevant Service Information Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Bombardier has issued Service Title 49 of the United States Code § 39.13 [Amended] Bulletin 601R–11–088, Revision ‘A,’ specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by dated March 24, 2009. The actions removing Amendment 39–13070 (68 FR described in this service information are section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: 9509, February 28, 2003), corrected at intended to correct the unsafe condition 68 FR 14309, March 25, 2003, and identified in the MCAI. Aviation Programs,’’ describes in more detail the scope of the Agency’s adding the following new AD: FAA’s Determination and Requirements authority. Bombardier, Inc. (Formerly Canadair): of This Proposed AD We are issuing this rulemaking under Docket No. FAA–2009–0525; Directorate Identifier 2009–NM–027–AD. This product has been approved by the authority described in ‘‘Subtitle VII, the aviation authority of another Part A, Subpart III, Section 44701: Comments Due Date General requirements.’’ Under that country, and is approved for operation (a) We must receive comments by July 10, in the United States. Pursuant to our section, Congress charges the FAA with 2009. promoting safe flight of civil aircraft in bilateral agreement with the State of Affected ADs Design Authority, we have been notified air commerce by prescribing regulations of the unsafe condition described in the for practices, methods, and procedures (b) The proposed AD supersedes AD 2003– MCAI and service information the Administrator finds necessary for 04–21 R1, Amendment 39–13070. referenced above. We are proposing this safety in air commerce. This regulation Applicability is within the scope of that authority AD because we evaluated all pertinent (c) This AD applies to Bombardier Model information and determined an unsafe because it addresses an unsafe condition CL–600–2B19 (Regional Jet Series 100 & 400) condition exists and is likely to exist or that is likely to exist or develop on airplanes, serial numbers 7003 through 7074 develop on other products of the same products identified in this rulemaking inclusive, 7076 through 7098 inclusive, 7100 type design. action. through 7135 inclusive, 7137 through 7139 Regulatory Findings inclusive, 7141 through 7151 inclusive, 7153 Differences Between This AD and the through 7175 inclusive, 7177 through 7350 MCAI or Service Information We determined that this proposed AD inclusive, 7352 through 7583 inclusive, 7585 would not have federalism implications through 7638 inclusive, 7640 through 7716 We have reviewed the MCAI and under Executive Order 13132. This inclusive, 7718 through 7845 inclusive, 7847 related service information and, in proposed AD would not have a through 8042 inclusive, 8044 through 8047 general, agree with their substance. But substantial direct effect on the States, on inclusive, 8050, 8058, 8059, 8061, 8062, and we might have found it necessary to use the relationship between the national 8064; certificated in any category. different words from those in the MCAI Government and the States, or on the Subject to ensure the AD is clear for U.S. distribution of power and operators and is enforceable. In making (d) Air Transport Association (ATA) of responsibilities among the various America Code 11: Placards and markings. these changes, we do not intend to differ levels of government. Reason substantively from the information For the reasons discussed above, I provided in the MCAI and related certify this proposed regulation: (e) The mandatory continuing service information. 1. Is not a ‘‘significant regulatory airworthiness information (MCAI) states: We might also have proposed action’’ under Executive Order 12866; AD CF–2002–12 [which corresponds to FAA different actions in this AD from those 2. Is not a ‘‘significant rule’’ under the AD 2003–04–21] mandated installation of in the MCAI in order to follow FAA DOT Regulatory Policies and Procedures revised overwing emergency exit placards policies. Any such differences are (44 FR 11034, February 26, 1979); and showing that the exit door should be opened and disposed from a seated position. highlighted in a note within the 3. Will not have a significant proposed AD. However, it was later discovered that the new economic impact, positive or negative, placards illustrated an incorrect hand Costs of Compliance on a substantial number of small entities position for removal of the exit upper handle under the criteria of the Regulatory cover. These incorrect instructions could Based on the service information, we Flexibility Act. cause difficulty or delay when opening the estimate that this proposed AD would We prepared a regulatory evaluation overwing emergency exit. affect about 664 products of U.S. of the estimated costs to comply with As a result, the timely and safe evacuation registry. this proposed AD and placed it in the of passenger and crew may be impeded. The We estimate that it would take about AD docket. required action includes replacing the incorrect placards with revised placards. 1 work-hour per product to comply with List of Subjects in 14 CFR Part 39 the new basic requirements of this Actions and Compliance proposed AD. The average labor rate is Air transportation, Aircraft, Aviation safety, Incorporation by reference, (f) Unless already done, within 24 months $80 per work-hour. Required parts after the effective date of this AD, replace the would cost about $128 per product. Safety. existing overwing emergency exit placards Where the service information lists The Proposed Amendment with new placards, in accordance with the required parts costs that are covered Accomplishment Instructions of Bombardier under warranty, we have assumed that Accordingly, under the authority Service Bulletin 601R–11–088, Revision ‘A,’ there will be no charge for these costs. delegated to me by the Administrator, dated March 24, 2009. As we do not control warranty coverage the FAA proposes to amend 14 CFR part (g) Replacement of the overwing for affected parties, some parties may 39 as follows: emergency exit placards with new placards accomplished before the effective date of this incur costs higher than estimated here. PART 39—AIRWORTHINESS AD in accordance with Bombardier Service Based on these figures, we estimate the DIRECTIVES Bulletin 601R–11–088, dated June 25, 2008, cost of the proposed AD on U.S. is considered acceptable for compliance with operators to be $138,112, or $208 per 1. The authority citation for part 39 the corresponding action specified in this product. continues to read as follows: AD.

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FAA AD Differences ACTION: Notice of proposed rulemaking and 5 p.m., Monday through Friday, NOTE 1: This AD differs from the MCAI (NPRM). except Federal holidays. The AD docket and/or service information as follows: No contains this proposed AD, the SUMMARY: We propose to adopt a new differences. regulatory evaluation, any comments airworthiness directive (AD) for the received, and other information. The Other FAA AD Provisions products listed above. This proposed street address for the Docket Operations (h) The following provisions also apply to AD results from mandatory continuing office (telephone (800) 647–5527) is in this AD: airworthiness information (MCAI) the ADDRESSES section. Comments will (1) Alternative Methods of Compliance originated by an aviation authority of be available in the AD docket shortly (AMOCs): The Manager, New York Aircraft another country to identify and correct after receipt. Certification Office, FAA, has the authority to an unsafe condition on an aviation FOR FURTHER INFORMATION CONTACT: approve AMOCs for this AD, if requested product. The MCAI describes the unsafe Wing Chan, Aerospace Engineer, using the procedures found in 14 CFR 39.19. condition as: Send information to ATTN: Christopher Aerospace Engineer, Systems and Flight Alfano, Aerospace Engineer, Airframe and Four aircraft have experienced a dual AC Test Branch, ANE–172, FAA, New York Mechanical Systems Branch, ANE–171, FAA, generator shutdown, caused by a broken Aircraft Certification Office, 1600 New York Aircraft Certification Office, 1600 propeller de-ice bus bar which short- Stewart Avenue, Suite 410, Westbury, Stewart Avenue, Suite 410, Westbury, New circuited with the backplate assembly. New York 11590; telephone (516) 228– * * * A short circuit can cause a dual AC York 11590; telephone (516) 228–7340; fax 7311; fax (516) 794–5531. (516) 794–5531. Before using any approved generator shutdown that, particularly in AMOC on any airplane to which the AMOC conjunction with an engine failure in icing SUPPLEMENTARY INFORMATION: applies, notify your principal maintenance conditions, could result in reduced Comments Invited inspector (PMI) or principal avionics controllability of the aircraft. inspector (PAI), as appropriate, or lacking a * * * * * We invite you to send any written principal inspector, your local Flight Reduced controllability of the airplane relevant data, views, or arguments about Standards District Office. in certain operating conditions affects this proposed AD. Send your comments (2) Airworthy Product: For any requirement continued safe flight and landing. The to an address listed under the in this AD to obtain corrective actions from ADDRESSES section. Include ‘‘Docket No. a manufacturer or other source, use these proposed AD would require actions that are intended to address the unsafe FAA–2009–0526; Directorate Identifier actions if they are FAA-approved. Corrective 2009–NM–029–AD’’ at the beginning of actions are considered FAA-approved if they condition described in the MCAI. are approved by the State of Design Authority DATES: We must receive comments on your comments. We specifically invite (or their delegated agent). You are required this proposed AD by July 10, 2009. comments on the overall regulatory, to assure the product is airworthy before it economic, environmental, and energy ADDRESSES: You may send comments by is returned to service. aspects of this proposed AD. We will any of the following methods: (3) Reporting Requirements: For any consider all comments received by the • Federal eRulemaking Portal: Go to reporting requirement in this AD, under the closing date and may amend this http://www.regulations.gov. Follow the provisions of the Paperwork Reduction Act, proposed AD based on those comments. the Office of Management and Budget (OMB) instructions for submitting comments. We will post all comments we • Fax: (202) 493–2251. has approved the information collection receive, without change, to http:// • Mail: U.S. Department of requirements and has assigned OMB Control www.regulations.gov, including any Number 2120–0056. Transportation, Docket Operations, M– personal information you provide. We 30, West Building Ground Floor, Room Related Information will also post a report summarizing each W12–140, 1200 New Jersey Avenue, SE., substantive verbal contact we receive (i) Refer to MCAI Canadian Airworthiness Washington, DC 20590. Directive CF–2009–02, dated January 19, • about this proposed AD. 2009; and Bombardier Service Bulletin 601R– Hand Delivery: U.S. Department of 11–088, Revision ‘A,’ dated March 24, 2009; Transportation, Docket Operations, M– Discussion for related information. 30, West Building Ground Floor, Room Transport Canada Civil Aviation W12–140, 1200 New Jersey Avenue, SE., Issued in Renton, Washington, on June 2, (TCCA), which is the aviation authority 2009. Washington, DC, between 9 a.m. and 5 for Canada, has issued Canadian p.m., Monday through Friday, except Stephen P. Boyd, Airworthiness Directive CF–2009–01, Federal holidays. dated January 19, 2009 (referred to after Acting Manager, Transport Airplane For service information identified in Directorate, Aircraft Certification Service. this as ‘‘the MCAI’’), to correct an unsafe this proposed AD, contact Bombardier, condition for the specified products. [FR Doc. E9–13506 Filed 6–9–09; 8:45 am] ˆ Inc., 400 Cote-Vertu Road West, Dorval, The MCAI states: BILLING CODE 4910–13–P Que´bec H4S 1Y9, Canada; telephone 514–855–5000; fax 514–855–7401; e- Four aircraft have experienced a dual AC mail [email protected]; generator shutdown, caused by a broken DEPARTMENT OF TRANSPORTATION propeller de-ice bus bar which short- Internet http://www.bombardier.com. circuited with the backplate assembly. Federal Aviation Administration You may review copies of the It was subsequently determined that any referenced service information at the friction or contact between a propeller de-ice 14 CFR Part 39 FAA, Transport Airplane Directorate, bus bar and the backplate assembly can cause 1601 Lind Avenue SW., Renton, an intermittent short circuit. Such a short [Docket No. FAA–2009–0526; Directorate Washington. For information on the circuit can cause a dual AC generator Identifier 2009–NM–029–AD] availability of this material at the FAA, shutdown that, particularly in conjunction call 425–227–1221 or 425–227–1152. with an engine failure in icing conditions, RIN 2120–AA64 could result in reduced controllability of the Examining the AD Docket aircraft. Airworthiness Directives; Bombardier This directive mandates revision of the Model DHC–8–400 Series Airplanes You may examine the AD docket on Airplane Flight Manual (AFM) to introduce the Internet at http:// a procedure that restores AC power following AGENCY: Federal Aviation www.regulations.gov; or in person at the a failure of No. 1 and No. 2 AC generators Administration (FAA), DOT. Docket Operations office between 9 a.m. with propeller de-ice on. Additionally, in

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order to prevent similar dual AC generator proposed AD on U.S. operators to be PART 39—AIRWORTHINESS shutdowns, it mandates the application of $29,760, or $480 per product. DIRECTIVES sealant as insulation between the propeller de-ice bus bars and the backplate assembly. Authority for This Rulemaking 1. The authority citation for part 39 continues to read as follows: Reduced controllability of the airplane Title 49 of the United States Code in certain operating conditions affects specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. continued safe flight and landing. You rules on aviation safety. Subtitle I, § 39.13 [Amended] may obtain further information by section 106, describes the authority of 2. The FAA amends § 39.13 by adding examining the MCAI in the AD docket. the FAA Administrator. ‘‘Subtitle VII: the following new AD: Relevant Service Information Aviation Programs,’’ describes in more detail the scope of the Agency’s Bombardier, Inc. (Formerly de Havilland, Bombardier has issued Service authority. Inc.): Docket No. FAA–2009–0526; Bulletin 84–61–03, Revision ‘A,’ dated Directorate Identifier 2009–NM–029–AD. We are issuing this rulemaking under September 18, 2008; and Bombardier Comments Due Date Temporary Amendment (TA) 14, Issue the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: (a) We must receive comments by July 10, 1, dated May 10, 2006, to the Dash 8 2009. Q400 Airplane Flight Manual PSM 1– General requirements.’’ Under that 84–1A. The actions described in this section, Congress charges the FAA with Affected ADs service information are intended to promoting safe flight of civil aircraft in (b) None. air commerce by prescribing regulations correct the unsafe condition identified Applicability in the MCAI. for practices, methods, and procedures the Administrator finds necessary for (c) This AD applies to Bombardier Model FAA’s Determination and Requirements safety in air commerce. This regulation DHC–8–400, DHC–8–401, and DHC–8–402 of This Proposed AD is within the scope of that authority airplanes, certificated in any category, serial because it addresses an unsafe condition numbers 4001, 4003, 4004, 4006, and 4008 This product has been approved by through 4154 inclusive. the aviation authority of another that is likely to exist or develop on country, and is approved for operation products identified in this rulemaking Subject in the United States. Pursuant to our action. (d) Air Transport Association (ATA) of America Code 61: Propellers/Propulsors. bilateral agreement with the State of Regulatory Findings Design Authority, we have been notified Reason of the unsafe condition described in the We determined that this proposed AD (e) The mandatory continuing MCAI and service information would not have federalism implications airworthiness information (MCAI) states: referenced above. We are proposing this under Executive Order 13132. This Four aircraft have experienced a dual AC AD because we evaluated all pertinent proposed AD would not have a generator shutdown, caused by a broken information and determined an unsafe substantial direct effect on the States, on propeller de-ice bus bar which short- condition exists and is likely to exist or the relationship between the national circuited with the backplate assembly. develop on other products of the same Government and the States, or on the It was subsequently determined that any type design. distribution of power and friction or contact between a propeller de-ice responsibilities among the various bus bar and the backplate assembly can cause Differences Between This AD and the levels of government. an intermittent short circuit. Such a short MCAI or Service Information circuit can cause a dual AC generator For the reasons discussed above, I shutdown that, particularly in conjunction We have reviewed the MCAI and certify this proposed regulation: related service information and, in with an engine failure in icing conditions, could result in reduced controllability of the general, agree with their substance. But 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; aircraft. we might have found it necessary to use This directive mandates revision of the different words from those in the MCAI 2. Is not a ‘‘significant rule’’ under the Airplane Flight Manual (AFM) to introduce to ensure the AD is clear for U.S. DOT Regulatory Policies and Procedures a procedure that restores AC power following operators and is enforceable. In making (44 FR 11034, February 26, 1979); and a failure of No. 1 and No. 2 AC generators these changes, we do not intend to differ 3. Will not have a significant with propeller de-ice on. Additionally, in substantively from the information economic impact, positive or negative, order to prevent similar dual AC generator shutdowns, it mandates the application of provided in the MCAI and related on a substantial number of small entities service information. sealant as insulation between the propeller under the criteria of the Regulatory de-ice bus bars and the backplate assembly. We might also have proposed Flexibility Act. different actions in this AD from those Reduced controllability of the airplane in We prepared a regulatory evaluation certain operating conditions affects in the MCAI in order to follow FAA of the estimated costs to comply with continued safe flight and landing. policies. Any such differences are this proposed AD and placed it in the highlighted in a NOTE within the Actions and Compliance AD docket. proposed AD. (f) Unless already done, do the following List of Subjects in 14 CFR Part 39 actions. Costs of Compliance (1) Within 30 days after the effective date Based on the service information, we Air transportation, Aircraft, Aviation of this AD, revise the Limitations section of estimate that this proposed AD would safety, Incorporation by reference, the AFM by inserting a copy of Bombardier affect about 62 products of U.S. registry. Safety. Temporary Amendment (TA) 14, Issue 1, We also estimate that it would take dated May 10, 2006, to the Dash 8 Q400 AFM The Proposed Amendment PSM 1–84–1A. When the information in about 6 work-hours per product to Bombardier TA 14, Issue 1, dated May 10, comply with the basic requirements of Accordingly, under the authority 2006, is included in the general revisions of this proposed AD. The average labor delegated to me by the Administrator, the AFM, the general revisions may be rate is $80 per work-hour. Based on the FAA proposes to amend 14 CFR part inserted in the AFM and the TA may be these figures, we estimate the cost of the 39 as follows: removed.

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(2) Within 5,000 flight hours after the DEPARTMENT OF HOMELAND www.regulations.gov and will include effective date of this AD: Apply sealant SECURITY any personal information you have between the bus bar assemblies and the provided. We have an agreement with backplate assembly by incorporating Coast Guard the Department of Transportation (DOT) Modsum 4W163047, Revision B, dated to use the Docket Management Facility. August 11, 2008, in accordance with the 33 CFR Part 100 Accomplishment Instructions of Bombardier Please see DOT’s ‘‘Privacy Act’’ Service Bulletin 84–61–03, Revision ‘A,’ [USCG–2009–0436] paragraph below. dated September 18, 2008. A. Submitting Comments (3) Incorporating Bombardier DHC–8–S400 RIN 1625–AA08 Modification Summary Package 4W163047 If you submit a comment, please before the effective date of this AD in Special Local Regulations; Great include the docket number for this accordance with Bombardier Service Bulletin Lakes Annual Marine Events rulemaking (USCG–2009–0436), 84–61–03, dated April 27, 2007, is indicate the specific section of this AGENCY: Coast Guard, DHS. considered acceptable for compliance with document to which each comment the requirements of paragraph (f)(2) of this ACTION: Notice of proposed rulemaking. applies, and give the reason for each AD. comment. We recommend that you SUMMARY: The Coast Guard proposes to FAA AD Differences amend special local regulations for include your name, mailing address, and an e-mail address or other contact Note 1: This AD differs from the MCAI annual regattas and marine parades in the Captain of the Port Buffalo zone. information in the body of your and/or service information as follows: No document to ensure that you can be differences. This action is necessary to protect the identified as the submitter. This also public and participants from hazards allows us to contact you in the event Other FAA AD Provisions associated with regattas and marine further information is needed or if there (g) The following provisions also apply to parades. This proposed rule is intended are questions. For example, if we cannot this AD: to ensure safety of life on the navigable read your submission due to technical (1) Alternative Methods of Compliance waters immediately prior to, during, and difficulties and you cannot be (AMOCs): The Manager, New York Aircraft immediately after regattas or marine Certification Office (ACO), FAA, has the contacted, your submission may not be parades. authority to approve AMOCs for this AD, if considered. You may submit your requested using the procedures found in 14 DATES: Comments and related materials comments and material by electronic CFR 39.19. Send information to ATTN: Wing must reach the Coast Guard on or before means, mail, fax, or delivery to the Chan, Aerospace Engineer, Aerospace July 10, 2009. Docket Management Facility at the Engineer, Systems and Flight Test Branch, ADDRESSES ANE–172, FAA, New York ACO, 1600 ADDRESSES: You may submit comments address under ; but please Stewart Avenue, Suite 410, Westbury, New identified by Coast Guard docket submit your comments and material by York 11590; telephone (516) 228–7311; fax number USCG–2009–0436 to the Docket only one means. If you submit them by (516) 794–5531. Before using any approved Management Facility at the U.S. mail or delivery, submit them in an AMOC on any airplane to which the AMOC Department of Transportation. To avoid unbound format, no larger than 81⁄2 by applies, notify your principal maintenance duplication, please use only one of the 11 inches, suitable for copying and inspector (PMI) or principal avionics following methods: electronic filing. If you submit them by inspector (PAI), as appropriate, or lacking a (1) Online: http:// mail and would like to know that they principal inspector, your local Flight reached the Facility, please enclose a Standards District Office. www.regulations.gov. (2) Airworthy Product: For any requirement (2) Mail: Docket Management Facility stamped, self-addressed postcard or in this AD to obtain corrective actions from (M–30), U.S. Department of envelope. We will consider all a manufacturer or other source, use these Transportation, West Building Ground comments and material received during actions if they are FAA-approved. Corrective Floor, Room W12–140, 1200 New Jersey the comment period. We may change actions are considered FAA-approved if they Avenue, SE., Washington, DC 20590– this proposed rule in view of them. are approved by the State of Design Authority 0001. B. Viewing Comments and Documents (or their delegated agent). You are required (3) Hand delivery: Room W12–140 on to assure the product is airworthy before it the Ground Floor of the West Building, To view comments, as well as is returned to service. documents mentioned in this preamble (3) Reporting Requirements: For any 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. as being available in the docket, go to reporting requirement in this AD, under the http://www.regulations.gov at any time, provisions of the Paperwork Reduction Act, and 5 p.m., Monday through Friday, the Office of Management and Budget (OMB) except Federal holidays. The telephone click on ‘‘Search for Dockets,’’ and enter has approved the information collection number is 202–366–9329. the docket number for this rulemaking requirements and has assigned OMB Control (4) Fax: 202–493–2251. (USCG–2009–0436) in the Docket ID Number 2120–0056. box, and click enter. You may also visit FOR FURTHER INFORMATION CONTACT: CDR the Docket Management Facility in Related Information Joseph Boudrow, Prevention Dept. Room W12–140 on the ground floor of Chief, Sector Buffalo, 1 Fuhrmann (h) Refer to MCAI Canadian Airworthiness the DOT West Building, 1200 New Blvd., Buffalo, NY 14203; 716–843– Directive CF–2009–01, dated January 19, Jersey Avenue, SE., Washington, DC 2009; and Bombardier Service Bulletin 84– 9385. 61–03, Revision ‘A,’ dated September 18, 20590, between 9 a.m. and 5 p.m., SUPPLEMENTARY INFORMATION: 2008; for related information. Monday through Friday, except Federal holidays. Issued in Renton, Washington, on June 2, I. Public Participation and Request for 2009. Comments C. Privacy Act Stephen P. Boyd, We encourage you to participate in Anyone can search the electronic Acting Manager, Transport Airplane this rulemaking by submitting form of all comments received into any Directorate, Aircraft Certification Service. comments and related materials. All of our dockets by the name of the [FR Doc. E9–13505 Filed 6–9–09; 8:45 am] comments received will be posted, individual submitting the comment (or BILLING CODE 4910–13–P without change, to http:// signing the comment, if submitted on

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behalf of an association, business, labor Regulatory Evaluation vessels will be allowed to pass through union, etc.). You may review the This proposed rule is not a the zones with the permission of the Department of Transportation’s Privacy ‘‘significant regulatory action’’ under Captain of the Port. Act Statement in the Federal Register section 3(f) of Executive Order 12866, If you think that your business, published on April 11, 2000 (65 FR Regulatory Planning and Review, and organization, or governmental 19477), or you may visit http:// does not require an assessment of jurisdiction qualifies as a small entity DocketsInfo.dot.gov. potential costs and benefits under and that this proposed rule would have SUPPLEMENTARY INFORMATION: section 6(a)(3) of that Order. The Office a significant economic impact on it, Public Meeting of Management and Budget has not please submit a comment (see reviewed it under that Order. ADDRESSES) explaining why you think it We do not now plan to hold a public We expect the economic impact of qualifies and how and to what degree meeting. But you may submit a request this proposed rule to be so minimal that this proposed rule would economically for a meeting by writing to Commander, a full Regulatory Evaluation is affect it. Coast Guard Sector Buffalo at the unnecessary. Assistance for Small Entities address under ADDRESSES explaining The Coast Guard’s use of these special why one would be beneficial. If we local regulations will be periodic in Under section 213(a) of the Small determine that one would aid this nature, of short duration, and designed Business Regulatory Enforcement rulemaking, we will hold one at a time to minimize the impact on navigable Fairness Act of 1996 (Public Law 104– and place announced by a later notice waters. These special local regulations in the Federal Register. 121), we want to assist small entities in will only be enforced immediately understanding this proposed rule so that Background and Purpose before and during the time the marine they can better evaluate its effects on This proposed rule will remove from events are occurring. Furthermore, these them and participate in the rulemaking. table 1 found in 33 CFR 100.901, Great special local regulations have been If the proposed rule would affect your Lakes annual marine events, all entries designed to allow vessels to transit small business, organization, or under Group Buffalo, N.Y. These events portions of the waterways not affected governmental jurisdiction and you have no longer occur annually or are not by the special local regulations. The questions concerning its provisions or regattas or marine parades. This Coast Guard expects insignificant options for compliance, please contact proposed rule will also add new adverse impact to mariners from the CDR Joseph Boudrow, Prevention Dept. sections not previously listed in 33 CFR activation of these special local Chief, Sector Buffalo, 1 Fuhrmann Part 100. The new sections are: regulations. Blvd., Buffalo, NY 14203; 716–843– § 100.926 Syracuse Hydrofest, Syracuse, Small Entities 9385. The Coast Guard will not retaliate N.Y.; § 100.927 Swim the Bay, Presque against small entities that question or Isle Bay, Erie, PA; § 100.928 Carly’s Under the Regulatory Flexibility Act complain about this proposed rule or Crossing, Lake Erie, Buffalo, N.Y.; (5 U.S.C. 601–612), we have considered any policy or action of the Coast Guard. whether this proposed rule would have § 100.929 Thunder on the Niagara, Collection of Information Niagara River, North Tonawanda, N.Y.; a significant economic impact on a substantial number of small entities. and § 100.930 Antique Boat Show, This proposed rule calls for no new The term ‘‘small entities’’ comprises Niagara River, Grand Island, N.Y. collection of information under the small businesses, not-for-profit Paperwork Reduction Act of 1995 (44 Discussion of Proposed Rule organizations that are independently U.S.C. 3501–3520). The proposed rule is necessary to owned and operated and are not ensure the safety of vessels and people dominant in their fields, and Federalism during annual regattas and marine governmental jurisdictions with parades in the Captain of the Port populations of less than 50,000. A rule has implications for federalism Buffalo area of responsibility that may The Coast Guard certifies under 5 under Executive Order 13132, pose a hazard to the public. This rule U.S.C. 605(b) that this proposed rule Federalism, if it has a substantial direct proposes the removal of regulations would not have a significant economic effect on State or local governments and currently published in 33 CFR part impact on a substantial number of small would either preempt State law or 100.901 under Group Buffalo and adds entities. impose a substantial direct cost of new events never before published in This proposed rule would affect the compliance on them. We have analyzed the CFR. following entities, some of which might this proposed rule under that Order and The proposed safety zones will be be small entities: The owners of have determined that it does not have enforced only immediately before, operators of vessels intending to transit implications for federalism. during, and after events that pose or anchor in the areas designated as Unfunded Mandates Reform Act hazard to the public, and only upon special local regulations in paragraphs notice by the Captain of the Port. (4) through (13) during the dates and The Unfunded Mandates Reform Act The Captain of the Port will inform times the special local regulations are of 1995 (2 U.S.C. 1531–1538) requires the public about the details of each being enforced. Federal agencies to assess the effects of regatta or marine parade covered by These special local regulations would their discretionary regulatory actions. In these special local regulations using a not have a significant economic impact particular, the Act addresses actions variety of means, including, but is not on a substantial number of small entities that may result in the expenditure by a limited to, Broadcast Notices to for the following reasons. The special State, local, or tribal government, in the Mariners and Local Notices to Mariners. local regulations in this proposed rule aggregate, or by the private sector of The Captain of the Port will issue a would be in effect for short periods of $100,000,000 or more in any one year. Broadcast Notice to Mariners notifying time, and only once per year. The Though this proposed rule will not the public when enforcement of the special local regulations have been result in such expenditure, we special local regulation for each event is designed to allow traffic to pass safely nevertheless discuss its effects terminated. around the zone whenever possible and elsewhere in this preamble.

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Taking of Private Property of Information and Regulatory Affairs § 100.901 [Amended] This proposed rule will not affect the has not designated it as a significant 2. Amend § 100.901 Table 1 as taking of private property or otherwise energy action. Therefore, it does not follows: have taking implications under require a Statement of Energy Effects a. Under the entry ‘‘Group Buffalo, Executive Order 12630, Governmental under Executive Order 13211. NY’’: Actions and Interference with Technical Standards 1. Remove ‘‘Group Buffalo, NY’’. Constitutionally Protected Property 2. Remove in their entirety the entries: Rights. The National Technology Transfer Fireworks by Grucci, Flagship Civil Justice Reform and Advancement Act (NTTAA) (15 International Kilo Speed Challenge, U.S.C. 272 note) directs agencies to use Flagship International Offshore This proposed rule meets applicable voluntary consensus standards in their standards in sections 3(a) and 3(b)(2) of Challenge, Friendship Festival Airshow, regulatory activities unless the agency NFBRA Red Dog Kilo Time Trials, Executive Order 12988, Civil Justice provides Congress, through the Office of Reform, to minimize litigation, Sodus Bay 4th of July Fireworks, Management and Budget, with an Tallship Erie, Thomas Graves Memorial eliminate ambiguity, and reduce explanation of why using these burden. Fireworks Display, Thunder Island standards would be inconsistent with Offshore Challenge, We Love Erie Days Protection of Children applicable law or otherwise impractical. Fireworks. We have analyzed this proposed rule Voluntary consensus standards are 3. Add § 100.926 to read as follows: under Executive Order 13045, technical standards (e.g., specifications Protection of Children from of materials, performance, design, or § 100.926 Syracuse Hydrofest, Syracuse, NY. Environmental Health Risks and Safety operation; test methods; sampling Risks. This proposed rule is not an procedures; and related management (a) Regulated Area. A regulated area is economically significant rule and does systems practices) that are developed or established to include all waters of not create an environmental risk to adopted by voluntary consensus Onondaga Lake located at 43°06′00″ N, health or risk to safety that may standards bodies. 076°12′35″ W, South to 43°05′26″ N, ° ′ ″ ° ′ ″ disproportionately affect children. This proposed rule does not use 076 13 05 W, South West to 43 04 09 ° ′ ″ ° ′ ″ technical standards. Therefore, we did N, 076 11 29 W, North to 43 04 33 N, Indian Tribal Governments ° ′ ″ not consider the use of voluntary 076 10 59 W. The Coast Guard recognizes the treaty consensus standards. (b) Special Local Regulations. The rights of Native American Tribes. regulations of § 100.901 apply. No Moreover, the Coast Guard is committed Environment vessel may enter, transit through, or to working with Tribal Governments to anchor within the regulated area implement local policies and to mitigate We have analyzed this proposed rule under Commandant Instruction without the permission of the Coast tribal concerns. We have determined Guard Patrol Commander. that these safety zones and fishing rights M16475.lD and Department of Homeland Security Management (c) Effective Date. This event occurs protection need not be incompatible. the second weekend in July. The exact We have also determined that this Directive 023–01, which guide the Coast Guard in complying with the National dates and times for this event will be proposed rule does not have tribal determined annually and published via implications under Executive Order Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and Local Notice to Mariners and Broadcast 13175, Consultation and Coordination Notice to Mariners. with Indian Tribal Governments, have made a preliminary determination because it does not have a substantial that this action is not likely to have a 4. Add § 100.927 to read as follows: direct effect on one or more Indian significant effect on the human § 100.927 Swim the Bay, Presque Isle Bay, tribes, on the relationship between the environment. An environmental Erie, PA. analysis checklist supporting this Federal Government and Indian tribes, (a) Regulated Area. A regulated area is or on the distribution of power and preliminary determination is available in the docket where indicated under established to include all waters of responsibilities between the Federal Presque Isle Bay, Erie, PA starting in Government and Indian tribes. ADDRESSES. We seek any comments or ° ′ ″ ° ′ ″ information that may lead to the position 42 07 28 N, 080 07 50 W Nevertheless, Indian Tribes that have heading northwest to position 42°07′21″ questions concerning the provisions of discovery of a significant environmental ° ′ ″ ° ′ ″ impact from this proposed rule. N, 080 08 44 W then south to 42 07 13 this proposed rule or options for N, 080°08′46″ W then east to 042°07′15″ compliance are encouraged to contact List of Subjects in 33 CFR Part 100 N, 080°08′06″ W. The starting and FOR the point of contact listed under finishing positions are the Erie Yacht FURTHER INFORMATION CONTACT. Harbors, Marine Safety, Navigation Club. Energy Effects (water), Reporting and recordkeeping (b) Special Local Regulations. The requirements, Security measures, regulations of § 100.901 apply. No We have analyzed this proposed rule Waterways. under Executive Order 13211, Actions vessel may enter, transit through, or Concerning Regulations That For the reasons discussed in the anchor within the regulated area Significantly Affect Energy Supply, preamble, the Coast Guard proposes to without the permission of the Coast Distribution, or Use. We have amend 33 CFR part 100 as follows: Guard Patrol Commander. determined that it is not a ‘‘significant (c) Effective Date. This event occurs energy action’’ under that order because PART 100—SAFETY OF LIFE ON the last week in June. The exact dates it is not a ‘‘significant regulatory action’’ NAVIGABLE WATERS and times for this event will be under Executive Order 12866 and is not determined annually and published via likely to have a significant adverse effect 1. The authority citation for Part 100 Local Notice to Mariners and Broadcast on the supply, distribution, or use of continues to read as follows: Notice to Mariners. energy. The Administrator of the Office Authority: 33 U.S.C. 1233. 5. Add § 100.928 to read as follows:

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§ 100.928 Carly’s Crossing, Lake Erie, Labor Day. The exact dates and times for SUPPLEMENTARY INFORMATION section Buffalo, NY. this event will be determined annually below. (a) Regulated Area. A regulated area is and published via Local Notice to FOR FURTHER INFORMATION CONTACT: If established to include all waters of Lake Mariners and Broadcast Notice to you have questions on this proposed Erie extending two miles to the break Mariners. rule, call Petty Officer Shane Jackson, wall outside of Gallagher Beach. The Dated: May 27, 2009. USCG, Waterways Management, U.S. positions of the race course are as Coast Guard Sector San Diego at (619) follows; starting 42°50′47″ N, 078°51′44″ R.S. Burchell, 278–2767. If you have questions on W headed North East to position Captain, U.S. Coast Guard, Captain of the viewing or submitting material to the 42°50′27″ N, 078°52′23″ W West to Port Buffalo. docket, call Renee V. Wright, Program 42°50′19″ N, 078°52′10″ W then [FR Doc. E9–13534 Filed 6–9–09; 8:45 am] Manager, Docket Operations, telephone finishing South at position 42°50′27″ N, BILLING CODE 4910–15–P 202–366–9826. 078°51′35″ W (NAD 83). (b) Special Local Regulations. The SUPPLEMENTARY INFORMATION: regulations of § 100.901 apply. No DEPARTMENT OF HOMELAND SECURITY Public Participation and Request for vessel may enter, transit through, or Comments anchor within the regulated area Coast Guard without the permission of the Coast We encourage you to participate in Guard Patrol Commander. this rulemaking by submitting (c) Effective Date. This event occurs 33 CFR Part 165 comments and related materials. All the third Saturday in August. The exact [Docket No. USCG–2008–1262] comments received will be posted, times for this event will be determined without change, to http:// RIN 1625–AA00 annually and published via Local Notice www.regulations.gov and will include any personal information you have to Mariners and Broadcast Notice to Safety Zone; AVI September Fireworks provided. Mariners. Display; Laughlin, NV 6. Add § 100.929 to read as follows: Submitting Comments AGENCY: Coast Guard, DHS. § 100.929 Thunder on the Niagara, Niagara ACTION: Notice of proposed rulemaking. If you submit a comment, please River, North Tonawanda, NY. include the docket number for this (a) Regulated Area. A regulated area is SUMMARY: The Coast Guard proposes a rulemaking (USCG–2008–1262), established to include all waters of the safety zone on the navigable waters of indicate the specific section of this Upper Niagara River, North Tonawanda, the lower Colorado River, Laughlin, NV, document to which each comment NY within two miles of the Grand in support of a fireworks display near applies, and provide a reason for each Island Bridge located at 43°03′36″ N, the AVI Resort and Casino. This safety suggestion or recommendation. You ° ′ ″ ° ′ ″ ° ′ ″ 078 54 45 W to 43 03 09 N, 078 55 21 zone is necessary to provide for the may submit your comments and ° ′ ″ ° ′ ″ W to 43 03 00 N, 078 53 42 W to safety of the participants, crew, material online (via http:// ° ′ ″ ° ′ ″ 43 02 42 N, 078 54 09 W. spectators, participating vessels, and www.regulations.gov) or by fax, mail or (b) Special Local Regulations. The other vessels and users of the waterway. hand delivery, but please use only one regulations of § 100.901 apply. No Persons and vessels are prohibited from of these means. If you submit a vessel may enter, transit through, or entering into, transiting through, or comment online via http:// anchor within the regulated area anchoring within this safety zone unless www.regulations.gov, it will be without the permission of the Coast authorized by the Captain of the Port, or considered received by the Coast Guard Guard Patrol Commander. his designated representative. when you successfully transmit the (c) Effective Date. This event occurs DATES: Comments and related material comment. If you fax, hand delivery, or the last week of August. The exact dates must be submitted on or before July 10, mail your comment, it will be and times for this event will be 2009 considered as having been received by determined annually and published via the Coast Guard when it is received at Local Notice to Mariners and Broadcast ADDRESSES: You may submit comments identified by docket number USCG– the Docket Management Facility. We Notice to Mariners. recommend that you include your name 7. Add § 100.930 to read as follows: 2008–1262 using any one of the following methods: and a mailing address, an e-mail § 100.930 Antique Boat Show, Niagara (1) Federal eRulemaking Portal: address, or a phone number in the body River, Grand Island, NY. http://www.regulations.gov. of your document so that we can contact (a) Regulated Area. A regulated area is (2) Fax: 202–493–2251. you if we have questions regarding your established to include all waters of the (3) Mail: Docket Management Facility submission. Niagara River, Grand Island, NY from (M–30), U.S. Department of To submit your comment online, go to the S. Grand Island Bridge to Motor Transportation, West Building Ground http://www.regulations.gov, select the Island; coordinates 42°59′59″ N, Floor, Room W12–140, 1200 New Jersey Advanced Docket Search option on the 078°56′22″ W, East to 42°59′54″ N, Avenue, SE., Washington, DC 20590– right side of the screen, insert ‘‘USCG– 078°56′14″ W, South to 42°57′54″ N, 0001. 2008–1262’’ in the Docket ID box, press 078°56′04″ W, West to 42°57′48″ N, (4) Hand delivery: Same as mail Enter, and then click on the balloon 078°56′22″ W. address above, between 9 a.m. and 5 shape in the Actions column. If you (b) Special Local Regulations. The p.m., Monday through Friday, except submit your comments by mail or hand regulations of § 100.901 apply. No Federal holidays. The telephone number delivery, submit them in an unbound vessel may enter, transit through, or is 202–366–9329. format, no larger than 81⁄2 by 11 inches, anchor within the regulated area To avoid duplication, please use only suitable for copying and electronic without the permission of the Coast one of these four methods. For filing. If you submit them by mail and Guard Patrol Commander. instructions on submitting comments, would like to know that they reached (c) Effective Date. This event occurs see the ‘‘Public Participation and the Facility, please enclose a stamped, the first Saturday in September after Request for Comments’’ portion of the self-addressed postcard or envelope. We

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will consider all comments and material event, participating vessels, and other substantial number of small entities. received during the comment period vessels and users of the waterway. The term ‘‘small entities’’ comprises and may change the rule based on your small businesses, not-for-profit Discussion of Proposed Rule comments. organizations that are independently The Coast Guard proposes a safety Viewing Comments and Documents owned and operated and are not zone that would be enforced from 8 p.m. dominant in their fields, and To view comments, as well as to 9:45 p.m. on September 6, 2009. The governmental jurisdictions with documents mentioned in this preamble limits of the safety zone is to include all populations of less than 50,000. navigable waters within 1,000 feet of the as being available in the docket, go to The Coast Guard certifies under 5 http://www.regulations.gov select the firing location adjacent to the AVI Resort and Casino centered in the U.S.C. 605(b) that this proposed rule Advanced Docket Search option on the would not have a significant economic right side of the screen, insert USCG– channel between Laughlin Bridge and the northwest point of AVI Resort and impact on a substantial number of small 2008–1262 in the Docket ID box, press entities. Enter, and then click on the item in the Casino Cove in position: 35°00′45″ N, Docket ID column. You may also visit 114°38′16″ W. This proposed rule would affect the either the Docket Management Facility This safety zone is necessary to following entities, some of which might in Room W12–140 on the ground floor provide for the safety of the crews, be small entities: the owners or of the Department of Transportation spectators, and participants of the event operators of vessels intending to transit West Building, 1200 New Jersey Avenue and to protect other vessels and users of or anchor in the region of the lower SE., Washington, DC 20590, between 9 the waterway. Persons and vessels will Colorado River adjacent to AVI Resort a.m. and 5 p.m., Monday through be prohibited from entering into, and Casino from 8 p.m. to 9:45 p.m. on Friday, except Federal holidays; or the transiting through, or anchoring within September 6, 2009. U.S. Coast Guard Sector San Diego, 2710 this safety zone unless authorized by the This safety zone will not have a N. Harbor Drive, San Diego, CA 92101 Captain of the Port, or his designated significant economic impact on a between 8 a.m. and 2 p.m., Monday representative. substantial number of small entities for U.S. Coast Guard personnel would through Friday, except Federal holidays. the following reasons. The safety zone enforce this safety zone. Other Federal, We have an agreement with the only encompasses a small portion of the State, or local agencies may assist the Department of Transportation to use the waterway, it is short in duration at a Coast Guard, including the Coast Guard Docket Management Facility. relatively late hour when commercial Auxiliary. Vessels or persons violating Privacy Act this rule would be subject to both traffic is low, and the Captain of the Port criminal and civil penalties. may authorize entry into the zone, if Anyone can search the electronic necessary. Before the effective period, form of all comments received into any Regulatory Analyses the Coast Guard will publish a local of our dockets by the name of the We developed this proposed rule after notice to mariners (LNM) and will issue individual submitting the comment (or considering numerous statutes and broadcast notice to mariners (BNM) signing the comment, if submitted on executive orders related to rulemaking. alerts via marine channel 16 VFH before behalf of an association, business, labor Below we summarize our analyses the safety zone is enforced. union, etc.). You may review a Privacy based on 13 of these statutes or If you think that your business, Act notice regarding our public dockets executive orders. organization, or governmental in the January 17, 2008 issue of the Federal Register (73 FR 3316). Regulatory Planning and Review jurisdiction qualifies as a small entity and that this rule would have a Public Meeting This proposed rule is not a significant significant economic impact on it, regulatory action under section 3(f) of please submit a comment (see We do not now plan to hold a public Executive Order 12866, Regulatory ADDRESSES) explaining why you think it meeting. But you may submit a request Planning and Review, and does not for one to the Docket Management qualifies and how and to what degree require an assessment of potential costs this rule would economically affect it. Facility at the address under ADDRESSES and benefits under section 6(a)(3) of that explaining why one would be beneficial Order. The Office of Management and Assistance for Small Entities using one of the four methods specified Budget has not reviewed it under that under ADDRESSES. If we determine that Order. Although the safety zone will Under section 213(a) of the Small one would aid this rulemaking, we will restrict boating traffic within the Business Regulatory Enforcement hold one at a time and place announced navigable waters of the Lower Colorado Fairness Act of 1996 (Public Law 104– by a later notice in the Federal Register. River, Laughlin, NV, the effect of this 121), we want to assist small entities in understanding this proposed rule so that Background and Purpose regulation will not be significant as the safety zone will encompass only a small they can better evaluate its effects on The Coast Guard is establishing a portion of the waterway and will be them and participate in the rulemaking. temporary safety zone on the navigable very short in duration. The entities most If the rule would affect your small waters of the Lower Colorado River, likely to be affected are pleasure craft business, organization, or governmental Laughlin, NV in support of a fireworks engaged in recreational activities and jurisdiction and you have questions show in the navigational channel of the sightseeing. As such, the Coast Guard concerning its provisions or options for Lower Colorado River, Laughlin, NV. expects the economic impact of this rule compliance, please contact Petty Officer The fireworks show is being sponsored to be minimal. Shane Jackson, USCG, Waterways by the AVI Resort and Casino. The Management, U.S. Coast Guard Sector safety zone is set at a 1,000 foot radius Small Entities San Diego at (619) 278–7267. The Coast around the anchored firing barge. This Under the Regulatory Flexibility Act Guard will not retaliate against small temporary safety zone is necessary to (5 U.S.C. 601–612), we have considered entities that question or complain about provide for the safety of the show’s whether this proposed rule would have this rule or any policy or action of the crew, spectators, participants of the a significant economic impact on a Coast Guard.

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Collection of Information between the Federal Government and significant environmental impact from This proposed rule would call for no Indian tribes, or on the distribution of this proposed rule. power and responsibilities between the new collection of information under the List of Subjects in 33 CFR Part 165 Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. Harbors, Marine safety, Navigation U.S.C. 3501–3520). Energy Effects (water), Reporting and recordkeeping Federalism We have analyzed this proposed rule requirements, Security measures, A rule has implications for federalism under Executive Order 13211, Actions Waterways. under Executive Order 13132, Concerning Regulations That For the reasons discussed in the Federalism, if it has a substantial direct Significantly Affect Energy Supply, preamble, the Coast Guard proposes to effect on State or local governments and Distribution, or Use. We have amend 33 CFR part 165 as follows: would either preempt State law or determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION impose a substantial direct cost of energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not this proposed rule under that Order and 1. The authority citation for part 165 likely to have a significant adverse effect have determined that it does not have continues to read as follows: on the supply, distribution, or use of implications for federalism. energy. The Administrator of the Office Authority: 33 U.S.C. 122, 1231; 46 U.S.C. Unfunded Mandates Reform Act of Information and Regulatory Affairs Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; The Unfunded Mandates Reform Act has not designated it as a significant Public Law 107–295, 116 Stat. 2064; of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not Department of Homeland Security Delegation Federal agencies to assess the effects of require a Statement of Energy Effects No. 0170.1. under Executive Order 13211. their discretionary regulatory actions. In 2. A new temporary safety zone particular, the Act addresses actions Technical Standards § 165.T11–166 that may result in the expenditure by a The National Technology Transfer State, local, or tribal government, in the § 165.T11–166 AVI September Fireworks and Advancement Act (NTTAA) (15 aggregate, or by the private sector of Display; Laughlin, Nevada. U.S.C. 272 note) directs agencies to use $100,000,000 or more in any one year. (a) Location. The limits of the voluntary consensus standards in their Though this proposed rule would not proposed safety zone are as follows: is regulatory activities unless the agency result in such an expenditure, we do to include all navigable waters within provides Congress, through the Office of discuss the effects of this rule elsewhere 1000 feet of the firing location adjacent Management and Budget, with an in this preamble. to the AVI Resort and Casino centered explanation of why using these in the channel between Laughlin Bridge Taking of Private Property standards would be inconsistent with and the northwest point of AVI Resort This proposed rule would not effect a applicable law or otherwise impractical. and Casino Cove in position: 35°00′45″ taking of private property or otherwise Voluntary consensus standards are N, 114°38′16″ W. have taking implications under technical standards (e.g., specifications (b) Enforcement Period. This section Executive Order 12630, Governmental of materials, performance, design, or will be enforced from 8 p.m. to 9:45 Actions and Interference with operation; test methods; sampling p.m. on September 6, 2009. If the event Constitutionally Protected Property procedures; and related management concludes prior to the scheduled Rights. systems practices) that are developed or termination time, the Captain of the Port adopted by voluntary consensus will cease enforcement of this safety Civil Justice Reform standards bodies. zone and will announce that fact via This proposed rule meets applicable This proposed rule does not use Broadcast Notice to Mariners. standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did (c) Definitions. The following Executive Order 12988, Civil Justice not consider the use of voluntary definition applies to this section: Reform, to minimize litigation, consensus standards. designated representative, means any eliminate ambiguity, and reduce Environment commissioned, warrant, and petty burden. officers of the Coast Guard on board We have analyzed this proposed rule Coast Guard, Coast Guard Auxiliary, Protection of Children under Department of Homeland and local, state, and federal law We have analyzed this proposed rule Security Management Directive 023–01 enforcement vessels who have been under Executive Order 13045, and Commandant Instruction authorized to act on the behalf of the Protection of Children from M16475.lD, which guide the Coast Captain of the Port. Environmental Health Risks and Safety Guard in complying with the National (d) Regulations. (1) Entry into, transit Risks. This rule is not an economically Environmental Policy Act of 1969 through or anchoring within this safety significant rule and would not create an (NEPA) (42 U.S.C. 4321–4370f), and zone is prohibited unless authorized by environmental risk to health or risk to have made a preliminary determination the Captain of the Port of San Diego or safety that might disproportionately that this action is one of a category of his designated on-scene representative. affect children. actions which do not individually or (2) Mariners requesting permission to cumulatively have a significant effect on transit through the safety zone may Indian Tribal Governments the human environment. A preliminary request authorization to do so from the This proposed rule does not have environmental analysis checklist Patrol Commander (PATCOM). The tribal implications under Executive supporting this preliminary PATCOM may be contacted on VHF–FM Order 13175, Consultation and determination is available in the docket Channel 16. Coordination with Indian Tribal where indicated under ADDRESSES. This (3) All persons and vessels shall Governments, because it would not have proposed rule involves a safety zone. comply with the instructions of the a substantial direct effect on one or We seek any comments or information Coast Guard Captain of the Port or the more Indian tribes, on the relationship that may lead to the discovery of a designated representative.

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(4) Upon being hailed by U.S. Coast institute a second comment period on FEDERAL COMMUNICATIONS Guard patrol personnel by siren, radio, this action. Any parties interested in COMMISSION flashing light, or other means, the commenting on this action should do so operator of a vessel shall proceed as at this time. 47 CFR Part 73 directed. DATES: Written comments must be [DA 09–1200; MB Docket No. 09–70; RM– (5) The Coast Guard may be assisted 11534] by other federal, state, or local agencies. received on or before July 10, 2009. Dated: May 5, 2009. ADDRESSES: Submit your comments, Television Broadcasting Services; T.H. Farris, identified by Docket ID No. EPA–R04– Amarillo, TX Captain, U.S. Coast Guard, Captain of the OAR–2008–0159 by one of the following AGENCY: Federal Communications Port San Diego. methods: Commission. [FR Doc. E9–13529 Filed 6–9–09; 8:45 am] 1. http://www.regulations.gov: Follow ACTION: Proposed rule. BILLING CODE 4910–15–P the online instructions for submitting comments. SUMMARY: The Commission requests 2. E-mail: [email protected]. comments on a channel substitution ENVIRONMENTAL PROTECTION proposed by Amarillo Junior College AGENCY 3. Fax: (404) 562–9095. District (‘‘Amarillo Jr. College’’), the 4. Mail: ‘‘EPA–R04–OAR–2008–0159’’ licensee of noncommercial educational 40 CFR Part 62 Air Toxics Assessment and station KACV–DT, DTV channel *8, Amarillo, Texas. Amarillo Jr. College [EPA–RO4–OAR–2008–0159(a); FRL–8912– Implementation Section, Air Toxics and 8] Monitoring Branch, Air, Pesticides and requests the substitution of DTV Toxics Management Division, U.S. channel *9 for post-transition DTV Approval and Promulgation of State Environmental Protection Agency, channel *8 at Amarillo. Plans for Designated Facilities and Region 4, 61 Forsyth Street, SW., DATES: Comments must be filed on or Pollutants; City of Memphis, TN; Atlanta, Georgia 30303–8960. before June 25, 2009, and reply Control of Emissions From Existing 5. Hand Delivery or Courier: Dr. Egide comments on or before July 6, 2009. Hospital/Medical/Infectious Waste N. Louis, Air Toxics Assessment and ADDRESSES: Federal Communications Incinerators Implementation Section, Air Toxics and Commission, Office of the Secretary, 445 12th Street, SW., Washington, DC AGENCY: Environmental Protection Monitoring Branch, Air, Pesticides and Agency (EPA). Toxics Management Division 12th floor, 20554. In addition to filing comments with the FCC, interested parties should ACTION: Proposed rule. U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., serve counsel for petitioner as follows: SUMMARY: EPA is proposing to approve Atlanta, Georgia 30303–8960. Such Jerold L. Jacobs, Esq., Cohn and Marks the City of Memphis, Tennessee plan deliveries are only accepted during the LLP, 1920 N Street, NW., Suite 300, submitted by the Memphis and Shelby Regional Office’s normal hours of Washington, DC 20036–1622. County Health Department (MSCHD) on operation. The Regional Office’s official FOR FURTHER INFORMATION CONTACT: February 16, 2006. The plan establishes hours of business are Monday through Adrienne Y. Denysyk, emission limitations for Hospital/ Friday, 8:30 to 4:30, excluding Federal [email protected], Media Medical/Infectious Waste Incinerators holidays. Bureau, (202) 418–1600. (HMIWI) for which construction Please see the direct final rule which SUPPLEMENTARY INFORMATION: This is a commenced on or before June 20, 1996, is located in the Rules section of this synopsis of the Commission’s Notice of and provides for the implementation Federal Register for detailed Proposed Rule Making, MB Docket No. and enforcement of those limitations. 09–70, adopted May 19, 2009, and instructions on how to submit In the final rules section of this released May 28, 2009. The full text of comments. Federal Register, the EPA is approving this document is available for public the State’s request as a direct final rule FOR FURTHER INFORMATION CONTACT: Dr. inspection and copying during normal without prior proposal because the Egide Louis, Air Toxics Assessment and business hours in the FCC’s Reference Agency views this action as Implementation Section, Air Toxics and Information Center at Portals II, CY– noncontroversial and anticipates no Monitoring Branch, Air, Pesticides and A257, 445 12th Street, SW., adverse comments. A detailed rationale Toxics Management Division, U.S. Washington, DC 20554. This document for approving the State’s request is set Environmental Protection Agency, will also be available via ECFS (http:// forth in the direct final rule. The direct Region 4, 61 Forsyth Street, SW., www.fcc.gov/cgb/ecfs/). (Documents final rule will become effective without Atlanta, Georgia 30303–8960. The will be available electronically in ASCII, further notice unless EPA receives telephone number is (404) 562–9240. Word 97, and/or Adobe Acrobat.) This relevant adverse written comment on Dr. Louis can also be reached via document may be purchased from the this action. Should the EPA receive electronic mail at [email protected]. Commission’s duplicating contractor, such comment, it will publish a final Best Copy and Printing, Inc., 445 12th rule informing the public that the direct SUPPLEMENTARY INFORMATION: For Street, SW., Room CY–B402, final rule will not take effect and such additional information see the direct Washington, DC 20554, telephone 1– public comment received will be final rule which is published in the 800–478–3160 or via the Internet http:// addressed in a subsequent final rule Rules Section of this Federal Register. www.BCPIWEB.com. To request this based on this proposed rule. If no Dated: April 10, 2009. document in accessible formats adverse written comments are received, (computer diskettes, large print, audio the direct final rule will take effect on Beverly H. Banister, recording, and Braille), send an e-mail the date stated in that document and no Acting Regional Administrator, Region 4. to [email protected] or call the further activity will be taken on this [FR Doc. E9–13596 Filed 6–9–09; 8:45 am] Commission’s Consumer and proposed rule. EPA does not plan to BILLING CODE 6560–50–P Governmental Affairs Bureau at (202)

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418–0530 (voice), (202) 418–0432 DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., ET, Monday through (TTY). This document does not contain Friday, except Federal holidays. proposed information collection Federal Motor Carrier Safety • Fax: (202) 493–2251. requirements subject to the Paperwork Administration • Docket: Comments and material Reduction Act of 1995, Public Law 104– received from the public, as well as 13. In addition, therefore, it does not 49 CFR Part 387 background information and documents mentioned in this preamble, are part of contain any proposed information [Docket No. FMCSA–2006–26262] collection burden ‘‘for small business docket FMCSA–2006–26262, and are available for inspection and copying on concerns with fewer than 25 RIN 2126–AB05 employees,’’ pursuant to the Small the Internet at http:// Business Paperwork Relief Act of 2002, Minimum Levels of Financial www.regulations.gov. You may also view and copy documents at the U.S. Public Law 107–198, see 44 U.S.C. Responsibility for Motor Carriers Department of Transportation’s, Docket 3506(c)(4). AGENCY: Federal Motor Carrier Safety Operations Unit, West Building Ground Provisions of the Regulatory Administration (FMCSA), DOT. Floor, Room W12–140, 1200 New Jersey Flexibility Act of 1980 do not apply to ACTION: Notice of proposed rulemaking Ave SE., Washington, DC. this proceeding. Members of the public (NPRM); request for comments. Privacy Act: All comments will be should note that from the time a Notice posted without change including any of Proposed Rule Making is issued until SUMMARY: The Federal Motor Carrier personal information provided to the the matter is no longer subject to Safety Administration (FMCSA) Federal Docket Management System Commission consideration or court proposes amendments to its regulations (FDMS) at http://www.regulations.gov. review, all ex parte contacts are concerning minimum levels of financial Anyone can search the electronic form prohibited in Commission proceedings, responsibility for motor carriers to allow of all our dockets in FDMS, by the name such as this one, which involve channel Canada-domiciled carriers to maintain, of the individual submitting the allotments. See 47 CFR 1.1204(b) for as acceptable evidence of financial comment (or signing the comment, if rules governing permissible ex parte responsibility, insurance policies issued submitted on behalf of an association, by Canadian insurance companies contacts. business, labor union, etc.). The DOT’s legally authorized to issue such policies complete Privacy Act Statement was For information regarding proper in the Canadian Province or Territory published in the Federal Register on filing procedures for comments, see 47 where the motor carrier has its principal April 11, 2000 (65 FR 19476), and can CFR 1.415 and 1.420. place of business. Currently, Canada- be viewed at http://docketsinfo.dot.gov. domiciled motor carriers operating in List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Mr. the U.S. must maintain as evidence of Thomas Yager, Chief, FMCSA Driver Television, Television broadcasting. financial responsibility, insurance and Carrier Operations. Telephone (202) policies issued by U.S. insurance 366–4325 or e-mail [email protected]. For the reasons discussed in the companies. The proposed change would SUPPLEMENTARY INFORMATION: preamble, the Federal Communications not affect the required minimum levels Commission proposes to amend 47 CFR of financial responsibility that carriers Legal Basis for the Rulemaking Part 73 as follows: must now maintain under the Section 30 of the Motor Carrier Act of regulations. This action is in response to 1980 (1980 Act) (Pub. L. 96–296, 94 PART 73—RADIO BROADCAST a petition for rulemaking filed by the SERVICES Stat. 793, 820, July 1, 1980) authorized Government of Canada. the Secretary of Transportation DATES: Public comments are requested 1. The authority citation for part 73 (Secretary) to prescribe regulations on all aspects of this proposed rule by continues to read as follows: establishing minimum levels of August 10, 2009. financial responsibility covering public Authority: 47 U.S.C. 154, 303, 334, 336. ADDRESSES: You may submit comments liability, property damage, and § 73.622(i) [Amended] identified by Docket No. FMCSA–2006– environmental restoration for the 26262 and/or RIN 2126–AB05, by any of transportation of property for 2. Section 73.622(i), the Post- the following methods—Internet, compensation by motor vehicles in Transition Table of DTV Allotments facsimile, regular mail, or hand-deliver. interstate or foreign commerce. Section under Texas, is amended by adding • Federal eRulemaking Portal: 30(c) of the 1980 Act provided that DTV channel *9 and removing DTV Federal Docket Management System motor carrier financial responsibility channel *8 at Amarillo. (FDMS) Web site at http:// may be established by evidence of one Federal Communications Commission. www.regulations.gov. The FDMS is the or a combination of the following if preferred method for submitting acceptable to the Secretary: (1) Clay C. Pendarvis, comments, and we urge you to use it. In Insurance; (2) a guarantee; (3) a surety Associate Chief, Video Division, Media the Comment or Submission section, bond issued by a bonding company Bureau. type Docket ID Number ‘‘FMCSA–2006– authorized to do business in the United [FR Doc. E9–13649 Filed 6–9–09; 8:45 am] 26262’’, select ‘‘Go’’, and then click on States; and (4) qualification as a self- BILLING CODE 6712–01–P ‘‘Send a Comment or Submission.’’ You insurer (49 U.S.C. 31139(f)(1)). Section will receive a tracking number when 30(c) required the Secretary to establish, you submit a comment. by regulation, methods and procedures • Mail, Courier, or Hand-Deliver: U.S. to assure compliance with these Department of Transportation, Docket requirements. Operations (M–30), West Building In June 1981, the Secretary issued Ground Floor, Room W12–140, 1200 regulations implementing section 30, New Jersey Avenue, SE., Washington, which are codified at 49 CFR part 387, DC 20590. Office hours are between 9 subpart A. The Form MCS–90

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endorsement for motor carriers (a) Legally authorized to issue such actively operating commercial motor transporting property is entitled policies or bonds in each State in which the vehicles (CMVs) in the United States ‘‘Endorsement for Motor Carrier Policies motor carrier operates; or that are subject to the current financial (b) Legally authorized to issue such of Insurance for Public Liability Under policies or bonds in the State in which the responsibility rules. Sections 29 and 30 of the Motor Carrier motor carrier has its principal place of Canada requested that FMCSA amend Act of 1980.’’ (See 49 CFR 387.15.) business or domicile, and is willing to 49 CFR part 387 so that an insurance Section 18 of the Bus Regulatory designate a person upon whom process, issued by or under the authority of any court policy issued by a Canadian insurance Reform Act of 1982 (Bus Act) (Pub. L. company satisfies the financial 97–261, 96 Stat. 1102, 1120, September having jurisdiction of the subject matter, may be served in any proceeding at law or equity responsibility requirements. The 20, 1982) directed the Secretary to brought in any State in which the motor insurance company must be legally prescribe regulations establishing carrier operates; or authorized to issue such a policy in the minimum levels of financial (c) Legally authorized to issue such Province or Territory of Canada in responsibility covering public liability policies or bonds in any State of the United and property damage for the States and eligible as an excess or surplus which the Canadian motor carrier has transportation of passengers for lines insurer in any State in which business its principal place of business or compensation by motor vehicle in is written, and is willing to designate a domicile. The company must also be interstate or foreign commerce. Section person upon whom process, issued by or willing to designate a person upon under the authority of any court having whom process, issued by or under the 18(d) of the Bus Act provided that such jurisdiction of the subject matter, may be motor carrier financial responsibility served in any proceeding at law or equity authority of any court having may be established by evidence of one brought in any State in which the motor jurisdiction of the subject matter, may or a combination of the following if carrier operates. be served in any proceeding at law or acceptable to the Secretary: (1) Canada asked FMCSA to consider equity brought in any State in which the Insurance, including high self-retention; amending this provision to permit motor carrier operates. (2) a guarantee; and (3) a surety bond insurance companies, licensed either Canada’s proposal, if adopted through issued by a bonding company provincially or Federally in Canada, to this rulemaking, would eliminate the authorized to do business in the United write motor vehicle liability insurance need for Canadian insurance companies States (49 U.S.C. 31138(c)(1)). Section policies for Canada-domiciled motor to link with a U.S. insurance company 18(d) required the Secretary to establish, carriers of property operating in the U.S. to legally insure Canadian motor by regulation, methods and procedures and to issue the Form MCS–90 carriers of property that operate in the to assure compliance with these endorsement for public liability to meet United States. It should be noted that requirements. FMCSA’s financial responsibility although Canada’s petition only seeks to In November 1983, the Secretary requirements. Form MCS–90 is the amend 49 CFR 387.11, its proposal issued regulations implementing section endorsement for motor carrier policies necessarily implicates other sections of of insurance for public liability, which 18 of the Bus Act. The regulations part 387, which would need to be implementing that law are found at 49 for-hire motor carriers of property must changed for the sake of consistency. CFR part 387, subpart B. The Form maintain at their principal place of Section 387.35 applies the § 387.11 MCS–90B endorsement for for-hire business. Motor carriers domiciled in motor carriers of passengers is entitled Canada and Mexico must also carry a requirements to motor passenger ‘‘Endorsement for Motor Carrier Policies copy of the Form MCS–90 on board carriers, which must obtain a Form of Insurance for Public Liability Under each vehicle operated in the United MCS–90B endorsement. Furthermore, Section 18 of the Bus Regulatory Reform States. § 387.315 imposes the same Act of 1982.’’ (See 49 CFR 387.39.) At present, the combined effects of requirements on motor carriers who This notice of proposed rulemaking §§ 387.7 and 387.11 require Canada- must file evidence of insurance with (NPRM) is based on the Secretary’s domiciled motor carriers of property FMCSA, and § 387.409 applies similar authority to establish methods and operating in the United States to either: financial responsibility requirements on procedures to ensure that certain motor (1) Obtain insurance through a Canada- freight forwarders. Therefore, FMCSA carriers of property and passengers licensed insurer, which enters into a proposes to amend those sections for maintain the minimum financial ‘‘fronting agreement’’ with a U.S.- consistency. licensed insurer, whereby the U.S. responsibility liability coverage Canada explained that, for many insurer permits the Canadian insurer to mandated by 49 U.S.C. 31138(c)(1) and years, it has recognized and accepted sign the Form MCS–90 as its agent, and 31139(f)(1). This authority was non-commercial motor vehicle liability the entire risk is contractually delegated to FMCSA by the Secretary policies issued in either country as pursuant to 49 CFR 1.73(f). ‘‘reinsured’’ back to the Canadian insurer by the U.S. insurer; or (2) obtain acceptable proof of financial Background two separate insurance policies, one responsibility. All jurisdictions in valid in Canada written by a Canadian Canada accept the signing and filing of The Government of Canada (Canada) a Power of Attorney and Undertaking Petition for Rulemaking insurer and one valid in the United States written by a U.S. insurer. Canada (PAU) by U.S.-licensed insurers as valid On September 29, 2005, Canada indicates that the first option is by far proof of financial responsibility for U.S.- submitted a petition for rulemaking to the most common. It suggests that the domiciled motor vehicles of all amend 49 CFR part 387. Canada result of these requirements is an categories. In essence, the PAU provides specifically requested that FMCSA additional administrative burden, that the U.S. insurer will comply with amend § 387.11, which provides that a inconvenience, and cost not faced by and meet the minimum coverage and policy of insurance or surety bond does U.S.-domiciled motor carriers operating policy limits required in any Canadian not satisfy FMCSA’s financial into Canada. FMCSA estimates there are jurisdiction in which a crash involving responsibility requirements unless the approximately 9,000 Canada-domiciled its insured occurs. The PAU is similar insurer or surety furnishing the policy for-hire motor carriers of property and to FMCSA’s requirements under or bond is— passengers and freight forwarders §§ 387.11 and 387.15 (MCS–90 Form).

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The Security and Prosperity Partnership endorsements imposing liability for Specific Concerns Raised by of North America negligence ‘‘on any route or in any Commenters The Security and Prosperity territory authorized to be served by the NAPSLO argues there is already a Partnership of North America (SPP) is insured or elsewhere’’ does not include process for Canadian companies to do an effort to increase security and liability connected with transportation business in the U.S. NAPSLO states: within Mexico. enhance prosperity among the Untied The [National Association of Insurance States, Canada, and Mexico through The PCI petition was the result of a Commissioners (NAIC)] has adopted a greater cooperation and information Federal District Court decision holding streamlined application process for foreign sharing. The President of the United that the Form MCS–90B endorsement companies in its International Insurance States, the Prime Minister of Canada, applied to a crash that occurred in Department [(IID)]. Through the application process, the Canadian companies would and the President of Mexico (the Mexico. As a result, PCI requested that Leaders) announced this initiative on become approved surplus lines insurers, and the endorsement be amended by thus, meet the existing criteria. By obtaining March 23, 2005. Among other things, inserting the phrase: ‘‘Within the United the initiative reflects the goal of approval from the NAIC’s IID, a Canadian States of America, its territories, carrier would become approved as a surplus improving the availability and possessions, Puerto Rico, and Canada’’ lines writer in the vast majority of states. The affordability of insurance coverage for following the words ‘‘or elsewhere.’’ reason for this process is to streamline the motor carriers engaged in cross-border approval process. A Canadian insurer could commerce in North America. However, in September 2007, the U.S. become approved in the vast majority of On June 27, 2005, a Report to the Court of Appeals for the Fifth Circuit states through a single application process. Leaders was signed on behalf of the issued a decision, Lincoln General Ins. The other states have an established process United States by the Secretaries of Co. v. De La Luz Garcia, 501 F.3d 436 for alien insurance companies desiring to Homeland Security, Commerce, and (5th Cir., 2007), effectively overturning operate in their states. Thus, there is a long State. See http://www.spp.gov, and click established process for alien companies the District Court decision that had intending to operate in the U.S. on link to ‘‘2005 Report to Leaders.’’ prompted PCI to file its petition. One of the Prosperity Priorities of the Because the Court of Appeals decision Although not opposed to the Canada SPP is to ‘‘Seek ways to improve the essentially provided PCI with the relief petition for rulemaking, PUCO believes availability and affordability of requested in its petition, and because FMCSA should ensure that policies of insurance coverage for carriers engaged the issues raised in that petition are insurance maintained by foreign motor in cross-border commerce in North different from the issues raised in carriers operating in the United States are as ‘‘reliable and comprehensive’’ as America.’’ At http://www.spp-psp.gc.ca/ Canada’s petition, FMCSA has decided _ _ those currently required. PUCO progress/prosperity 08 06-en.aspx, the that a regulatory change need not be following key milestone is stated for this emphasizes that the enforceability of the considered at this time, and this issue initiative: rules must be seamless and efficient. will not be addressed further in this FMCSA Response: ‘‘U.S. and Canada to work towards possible NPRM. amendment of the U.S. Federal Motor Carrier FMCSA acknowledges the Safety Administration Regulation to allow Discussion of the Comments Received commenters’ concerns but does not, Canadian insurers to directly sign the MCS– on the ANPRM however, believe maintaining the status 90 form concerning endorsement for motor quo is appropriate or necessary to carrier policies of insurance for public FMCSA received comments on the ensure financial protection for U.S. liability: by June 2006.’’ ANPRM from the following parties: The citizens in the event of a crash involving Canada advocates a change to part 387 American Insurance Association (AIA), a Canada-domiciled motor carrier. to assist in meeting the stated goals of the Insurance Bureau of Canada (IBC), Currently, Canada-domiciled carriers the SPP. Achieving a seamless motor the Canadian Trucking Alliance (CTA), have two options for satisfying the U.S. vehicle liability insurance policy the Holland America Line, Inc. (HAL), insurance requirements. The first is to between Canada and the United States the National Association of Professional obtain two separate insurance policies, for motor carriers would contribute to Surplus Lines Offices, Ltd. (NAPSLO), one with a Canadian insurance enhancing the competitive and efficient and the Public Utilities Commission of company for its operations in Canada position of North American businesses. Ohio (PUCO). The Canadian and the other with a U.S. insurance FMCSA recognized the importance of Government and the Property Casualty company for its operations in the U.S. considering these requests and granted Insurers of America submitted The second option is to obtain insurance from a Canadian insurer the petition by initiating a rulemaking supplemental comments. proceeding to solicit public comment on under contract with a U.S. insurer Canada’s proposal. Generally, the commenters agree with through a fronting arrangement. Both the amendments requested by Canada. options result in the imposition of costs Advance Notice of Proposed For example, AIA believes that ‘‘* * * on Canada-based motor carriers that are Rulemaking granting [Canada’s] petition is in the significantly greater than the costs for On December 15, 2006 (71 FR 75433), public interest.’’ HAL believes that U.S.-based carriers operating in Canada. FMCSA published an advance notice of whatever rules FMCSA adopts the FMCSA estimates that this rulemaking proposed rulemaking (ANPRM) in Agency should apply the rules to both would result in discounted net benefits response to Canada’s petition for motor carriers of property and motor of approximately $273 million over a rulemaking to amend 49 CFR part 387. carriers of passengers. 10-year period, or $30,000 for each The ANPRM also requested public One commenter opposed the granting Canada-based motor carrier that comment on a petition for rulemaking conducts operations in the U.S. during of the petition. NAPSLO expressed from the Property Casualty Insurers of this period. As noted above, there are concerns that changes to the regulations America (PCI) which requested that approximately 9,000 such carriers. may expose U.S. carriers and motorists FMCSA make revisions to the Forms While the approach that NAPSLO MCS–90 and MCS–90B endorsements to to ‘‘a potential increase in risk in supports may provide a solution, it clarify that language in the connection with foreign carriers.’’ would require each Canadian insurance

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company to essentially seek authority the demonstrated willingness of • How does Canada’s consumer protection from State insurance commissioners to Canadian insurance companies to honor system ensure that claims filed by U.S. issue policies in the U.S. Based on the their financial obligations, suggests citizens and businesses receive proper information provided by NAPSLO it is there will continue to be financial consideration? not clear that this approach would protection for U.S. citizens who file Comments (IBC): The IBC stated that necessarily provide the needed coverage claims following a crash involving a legal and regulatory insurance systems for Canada-domiciled carriers in each commercial motor vehicle operated by a in Canada require that a Canadian State in which the insured Canadian Canada-domiciled motor carrier insured insurance company that issues an carrier intends to operate in the U.S. if by a Canadian insurance company. automobile insurance policy respond to the NAIC’s IID is not recognized in a claim arising from an incident in Discussion of Response to Specific certain States. Canada or in the U.S. The Canadian Questions Included in the ANPRM FMCSA believes the proposed provincial and territorial rulemaking is needed to provide FMCSA specifically requested that Superintendents of Insurance are reciprocity between the U.S. and comments provide responses to responsible under their respective Canada and that it is inappropriate to questions and issues raised in the insurance laws for the market conduct impose on Canada-based carriers and ANPRM. The questions and the of all insurers licensed in their insurance companies requirements that responsive comments are set out below. jurisdictions. Market conduct includes Canada does not impose on U.S.-based Question 1: the fair and prompt settlement of motor carriers and insurance • What has been the experience in claims. companies. collecting damage claims filed with Canadian FMCSA Response: Under the current fronting insurance companies for incidents that occur FMCSA agrees with IBC that Canada’s arrangements between U.S. and in the United States, particularly as it relates requirements for automobile insurance Canadian insurance companies, to motorists or other claimants for crashes provide protection for U.S. citizens in Canadian insurance companies are involving passenger cars driven in the United the event of an automobile crash. Based under contract to pay claims against States but insured by Canadian firms? on the information available to FMCSA public liability policies that include the Comments (IBC and Canada): Canada and included in the docket referenced at Form MCS–90/MCS–90B endorsement and IBC indicated that U.S. citizens and the beginning of this notice, there is no executed by a U.S. insurance company. businesses that file claims against the indication that Canadian insurance The fact that the fronting arrangements drivers of passenger cars insured by companies would be non-responsive to exist is an indication that there are Canadian insurers receive the same claims filed by U.S. citizens or sufficient legal processes in place to quality of claims service and settlement businesses against Canadian-domiciled assure U.S. insurance companies that as from U.S. insurance companies. Both carriers. As indicated above, Canadian their Canadian counterparts could be insurance companies currently honor forced to honor their contractual stated that they were not aware of any their commitments under their fronting obligations in the event that the cases where legitimate damage claims agreements with U.S. insurance Canadian insurance company attempted involving passenger cars driven in the companies and there is no reason to to avoid paying a claim for a crash that U.S. and insured by Canadian insurance conclude that these companies would occurred in the U.S. The continued use companies were not paid to U.S. be less likely to honor claims filed of these fronting arrangements over the citizens or businesses. directly with them. years also suggests that Canadian FMCSA Response: FMCSA is engaged in an on-going insurers typically honor their The comments suggest that claims process with its Canadian counterparts contractual obligations without the need involving Canada-domiciled carriers for legal actions—it is unlikely that U.S. would be honored by Canadian insurers. to identify opportunities for establishing insurance companies would continue to Although the commenters discuss reciprocity arrangements, whenever sign such arrangements if the Canadian current experiences involving passenger practicable, concerning certain motor insurance companies they were dealing cars operating under a substantially carrier requirements. Based upon the with exhibited a reluctance to honor lower threshold of financial information currently available and the their commitments. Therefore, FMCSA responsibility than motor carriers are comments to the ANPRM, the Agency believes the experience U.S. insurance required to maintain, the full has preliminarily determined that the companies have had with Canadian cooperation of Canadian insurers in Canadian processes for providing insurance companies through fronting these matters is a good indicator that the consumer protection in the event of a arrangements serves as proof Canadian insurers would provide comparable crash between a commercial vehicle and insurers have the financial ability and levels of cooperation in the event claims a passenger car are comparable to what the corporate values to honor their are filed by U.S. citizens. is provided in the U.S. We believe U.S. commitments without the need for legal In addition, the on-going practice of entities would have their claims action. The only apparent need for the fronting arrangements between U.S. processed in a timely manner in the current fronting arrangements is to insurers and Canadian insurers provides event they obtain a final judgment fulfill FMCSA’s insurance requirements, a strong indicator that Canadian against a Canadian-insured, Canada- not because of problems obtaining insurance companies are fully capable domiciled motor carrier in a U.S. court. payments from Canadian insurance of providing the required levels of Question 3: companies. financial responsibility for Canada- • Would it be more difficult to execute a With regard to PUCO’s comments, domiciled motor carriers operating in U.S. court judgment against a Canadian FMCSA believes that the regulatory the U.S. It is unlikely that U.S. insurers motor carrier insured by a Canadian change sought by Canada would not would take financial risks of entering insurance company, as compared to a compromise the financial protection into a fronting agreement with Canadian Canadian motor carrier insured by a U.S. provided under the current insurance insurers without some assurances that insurance company? regime. The legal processes between the the Canadian insurance companies are Comments (IBC): The IBC believes it U.S. and Canada that support the willing and able to pay claims. would not be more difficult because fronting arrangements, combined with Question 2: Canadian insurers, as a normal business

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practice, pay U.S. judgments against specific legal processes to ensure that Comments (CTA, HAL, AIA, and IBC): their policyholders. In insuring Canadian insurance companies honor Generally, the commenters support Canadian motor carriers which operate their contractual obligations may differ including Canadian passenger carriers in the U.S., Canadian insurance from the legal processes that would be and freight forwarders in the proposed companies know the insurance product used by a U.S. entity filing a claim changes. they are selling to these motor carriers directly against a Canadian insurance FMCSA Response: includes a promise to pay U.S. policy, the track record of Canadian FMCSA agrees with commenters that judgments. IBC is not aware of any insurance companies does not suggest the rulemaking should not be limited to instance where a Canadian-licensed that U.S. entities would need to resort insurance for motor carriers of property. insurer has refused or failed to pay a to legal actions to have their claims Accordingly, this proposal would judgment against its Canadian policy honored. Canadian insurance permit Canada-domiciled motor carriers holder to a U.S. citizen, to the full companies have been working of passengers and freight forwarders to extent of its legal obligation. cooperatively with U.S. insurance operate in the U.S. under insurance FMCSA Response: companies for years and there is no policies issued by Canadian insurance FMCSA agrees with IBC that reason to believe that the Canadian companies. Canadian insurers, as a normal business companies would adopt new practices practice, pay U.S. judgments against to avoid paying claims if this The Proposed Rule their policy holders. The Agency is not rulemaking proceeds. FMCSA proposes amendments to 49 aware of any instances in which a U.S. Question 5: CFR 387.11 to allow Canadian insurance insurance company, operating in a • If Canadian insurance companies were companies, licensed in the province or fronting arrangement with a Canadian allowed to write coverage for Canadian motor territory where the motor carrier has its insurance company, has experienced carriers operating in the United States, would principal place of business, to issue problems with a Canadian partner there likely be economic impacts associated proof of financial responsibility for fulfilling its financial obligations to with a potential increase in unpaid claims? Canada-domiciled motor carriers by satisfy judgments against a Canada- Comments (IBC): The only change executing the Forms MCS–90 and MCS– domiciled motor carrier. The extensive FMCSA is proposing would be the name 90B directly rather than as the agent of experience that U.S. insurers have had of the insurance company that signs the a U.S. insurer. FMCSA also proposes in working with Canadian insurers endorsement for Form MCS–90 or Form amendments to other sections of part provides significant assurance that in MCS–90B. There would be no change in 387 to ensure consistency within part the event of a judgment against a the payment of claims because there 387. These include § 387.35, which Canada-domiciled carrier, the Canadian would be no change in which insurance applies the requirements of § 387.11 to insurer will pay, up to the applicable company has the contractual obligation motor passenger carriers; § 387.315, limits on the Form MCS–90 or MCS– to pay claims. IBC does not foresee an which imposes the same requirements 90B, any legitimate claims filed by U.S. increase in unpaid claims, and it does on motor carriers that must file evidence citizens or businesses. not anticipate adverse economic of insurance with FMCSA; and 49 CFR Question 4: impacts on U.S. entities. 387.409, which applies these • FMCSA Response: requirements to freight forwarders. Under Canadian law, would Canadian FMCSA does not believe there would insurance companies be legally bound to In order to implement this proposal, make payment to U.S. claimants based on a be an increased likelihood of unpaid FMCSA proposes to revise §§ 387.11 final judgment issued by a U.S. court? claims if Canada-domiciled carriers and 387.35 to add a new paragraph (d), operating in the U.S. are allowed to that would allow an insurance policy to Comments (IBC): The IBC stated that operate under insurance policies issued a Canadian insurance company would satisfy the financial responsibility by Canadian companies. The Forms requirements of the subpart if the be legally bound to make payments to MCS–90 and MCS–90B require that the U.S. claimants based on a final insurer is: insurer pay any final judgment against • judgment issued by a U.S. court. It the motor carrier. Therefore, if there is Legally authorized to issue a policy of insurance in the Province or Territory of points out that legislation pertaining to a court decision against a Canada- automobile insurance in each of Canada in which a motor carrier has its domiciled motor carrier concerning a principal place of business or domicile, and Canada’s provinces and territories commercial motor vehicle crash, the provides that coverage under is willing to designate a person upon whom Canadian insurer must pay the claim. process, issued by or under the authority of automobile insurance policies is Canadian insurance companies, through any court having jurisdiction of the subject provided when the vehicle is in Canada fronting arrangements described above, matter, may be served in any proceeding at or the United States or while being are currently fulfilling the financial law brought in any State in which the motor transported between those countries. It obligations associated with satisfying carrier operates. is therefore clear from this wording of U.S. judgments against Canada- The Agency would also revise this legislation that it is intended that domiciled carriers. There is no reason to § 387.315 to add a new paragraph (d) the liability coverage under a Canadian believe that they would be financially that would allow a certificate of automobile insurance policy will cover unable to, or refuse to fulfill their insurance to be accepted by FMCSA if crashes in the U.S. financial obligations if they execute the issued by an insurance company that is FMCSA Response: Forms MCS–90 or MCS–90B as the authorized to issue insurance policies: FMCSA believes that fronting insurer rather than as an agent of a U.S. arrangements between U.S. and • In the Province or Territory of Canada in insurer. which a motor carrier has its principal place Canadian insurance companies would Question 6: not exist unless there were sufficient of business or domicile, and will designate in • writing upon request by FMCSA, a person legal processes to ensure that U.S. Although the petition proposes amending only § 387.11, is there any reason upon whom process, issued by or under the insurance companies could take action why the rulemaking should not be extended authority of a court of competent jurisdiction, to receive payment from any Canadian to include insurance policies issued to may be served in any proceeding at law company that refused to honor its Canadian passenger carriers and freight brought in any State in which the carrier contractual obligations. While the forwarders? operates.

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The Agency would also revise • The Canadian insurance company received, there was no discernible § 387.409 to add a new paragraph (d) must provide a copy of its license to adverse impact on U.S. entities that that would allow a certificate of write insurance policies. would likely result from proceeding insurance to be accepted by FMCSA if • FMCSA staff will verify with the with an NPRM, as requested by the issued by an insurance company that is Canadian Government point of contact Canadian government in its petition. authorized to issue insurance policies: whether the Canadian insurance company is licensed or admitted in Costs and Benefits of the Proposed Rule (d) In the Province or Territory of Canada in which a freight forwarder has its principal Canada to write insurance policies for Regulatory Impact Analyses Canadian motor carriers. place of business or domicile, and will In examining the economic impact of designate in writing upon request by FMCSA, After all the above information is received, FMCSA will then assign the this rulemaking, FMCSA considered a person upon whom process, issued by or two options: (1) The Agency’s proposed under the authority of a court of competent Canadian insurance company a filer jurisdiction, may be served in any proceeding account number. amendments to 49 CFR Part 387 that at law brought in any State in which the If the proposed rule is implemented, would permit Canadian insurance freight forwarder operates. Canadian insurers would sign the Forms companies to issue insurance policies for Canada-domiciled carriers and The conforming amendments to part MCS–90 and MCS–90B, including any other form or documentation required freight forwarders operating CMVs in 387 would enable Canadian insurers to the U.S., and (2) the Agency’s execute the Forms MCS–90 and MCS– under part 387 to be filed on behalf of motor carriers, thereby satisfying the alternative of maintaining the status quo 90B endorsements, and allow Canadian which would entail withdrawal of the insurers to file certificates of insurance minimum public liability requirements of FMCSA. Canada’s Department of ANPRM. Under the first option, FMCSA required under part 387, to protect the decided to include within the scope of public and to ensure that anyone Finance has indicated that Canadian insurers are all monitored for financial the proposal active Canada-domiciled injured or killed by a Canada-domiciled for-hire motor carriers of property and motor carrier is compensated after a solvency by Provincial or Federal insurance regulators, and the regulator passengers and freight forwarders. It is claim is filed. In the event that the can provide FMCSA with a short assumed that a small proportion of matter requires court action to statement confirming that the Canadian Canada-domiciled motor carriers and determine fault in the crash, the insurer seeking to sign the MCS–90 freight forwarders may elect to continue payment would typically be made after form, or any other security authorized with the status quo, at least in the short a settlement agreement is reached, or a by part 387, is supervised for financial term, and choose not to seek direct U.S. claimant receives a final judgment solvency. A Canadian agency would: (a) insurance representation by a Canadian issued by a U.S. court against the Respond to verification requests on insurance company for their U.S. Canada-domiciled motor carrier. Filing demand when an insurer new to operations. Those carriers and freight of the FMCSA insurance forms and FMCSA seeks to sign the MCS–90 form forwarders are assumed to be a endorsements by Canadian insurers and all other MCS and BMC insurance negligible percentage of the total would subject Canada-domiciled motor forms required by part 387; (b) on an affected entities and are thus not carriers to all applicable Federal laws annual basis, verify a list of Canadian considered in the analysis. and regulations that require minimum insurers that have signed the MCS–90 The RIA examines the direct costs of levels of financial responsibility to form and all other MCS and BMC forms implementing the proposed rule in cover public liability and property required by part 387 to ensure that the terms of administrative costs incurred damage for the transportation by list is still accurate; and (c) respond to by the FMCSA and in forgone revenue commercial motor vehicle in the U.S. re-verification requests on demand if by U.S. insurance companies (of which Methods and Databases (Technologies) there were a specific concern (for there are approximately five) currently for Ensuring the Validity of Canadian example, a news article on the financial representing Canadian motor carriers Insurers health of a particular company). and freight forwarders. In addition, the Canadian insurers would also assume RIA examines the functional impact of Before an insurance company can responsibility for insurance filings on rule compliance under this option from submit certificates of insurance or other behalf of their clients as a result of this the perspectives of the FMCSA’s evidence of financial security to the rulemaking. Enforcement and Compliance Division FMCSA, it must first be assigned a filer and the Canadian motor carriers. account number. The account number is Approaches Considered Under the second option, the same also used to bill a service fee to the After reviewing the comments population of Canadian motor carriers is insurance companies ($10 fee for each received in response to the ANPRM, considered. The RIA examines the filing). FMCSA considered two options: (1) direct costs of maintaining the status For example, procedures for assigning Issue a proposed rule to amend part 387 quo, which consist mainly of a Canadian insurance company an to allow Canadian insurance companies compliance costs currently incurred by account filer number would include the to issue insurance policies for Canada- Canadian motor carriers. The RIA following: domiciled carriers and freight specifically analyzes the comparative • The Canadian insurance company forwarders, and (2) maintain the status cost burden currently being borne by must submit a request to FMCSA in quo which would entail withdrawal of Canadian motor carriers versus that writing to open a filer account. The the ANPRM. The Agency chose the currently being borne by U.S. motor letter must include the home office option of publishing an NPRM carriers. FMCSA will continue to seek address of the insurance company. amending part 387, including changes information to refine its estimates of the FMCSA will also need a billing address to §§ 387.11, 387.35, 387.315, and cost burden. FMCSA specifically if the address is different from the home 387.409 to ensure consistency requests comments from U.S. insurers office address, the name of a contact throughout part 387 for the insurance on these cost issues. Any additional person within that insurance company, requirements for motor carriers of information will be included in the their telephone number, e-mail address property and passengers and freight docket referenced at the beginning of and fax number. forwarders. Based on the comments this notice.

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FMCSA notes that cost information Rulemaking Analyses and Notices impact on a substantial number of small used in its analyses was obtained from entities. Executive Order 12866 (Regulatory the Agency’s data base, Canada Finance, Planning and Review) and DOT Executive Order 13132 (Federalism) the American Insurance Association, the Regulatory Policies and Procedures Property Casualty Insurers Association This proposed action has been of America and publicly available For purposes of Executive Order analyzed in accordance with the information. 12866 (Regulatory Planning and principles and criteria contained in Executive Order 13132 (64 FR 43255, The RIA also examines the benefits of Review) and DOT Regulatory Policies August 10, 1999). E.O. 13132 does not this rulemaking which are largely the and Procedures (44 FR 11034, February require a Federalism assessment under relief of a disproportional cost and 26, 1979), FMCSA has made a any circumstances. We have determined administrative burden and preliminary determination that this that this proposed action would not inconvenience currently being borne by action is not a significant regulatory affect the States’ ability to discharge Canada-domiciled motor carriers in action within the meaning of that traditional State government functions. comparison to their U.S. counterparts. Executive Order from an economic Other benefits include the elimination standpoint or otherwise. While the International Trade and Investment of trade barriers (i.e., disproportionate Agency estimates a positive discounted net benefit of approximately $273 The Trade Agreement Act of 1979 (19 cost burden) in accordance with the U.S.C. 2531–2533) prohibits Federal goals of the North American Free Trade million over a 10-year period, the net benefits are for Canada-domiciled motor agencies from establishing standards Agreement (NAFTA), and increased that create unnecessary obstacles to the cooperation among the U.S. and Canada carriers. Because the benefits pertain to foreign entities, they are not considered foreign commerce of the United States. pursuant to the Security and Prosperity Legitimate domestic objectives such as Partnership (SPP) of North America. for the purposes of determining whether the rulemaking is significant under safety are not considered unnecessary This analysis is conducted under the Executive Order 12866. Therefore, the obstacles. In developing rules, the Trade assumption that there are approximately Act requires agencies to consider 1 Agency has determined this action is 9,000 active Canada-domiciled motor not an economically significant international standards and where carriers and freight forwarders regulatory action under section 3(f), appropriate, that they be the basis of conducting CMV operations in the U.S. Regulatory Planning and Review, U.S. standards. FMCSA has assessed the The FMCSA Licensing and Insurance because it would not have an annual potential effect of the proposed rule and (L&I) system provides up-to-date effect on the United States’ economy of determined that that the expected information about authorized for-hire $100 million. economic impact of this rule is minimal motor carriers who must register with and should not affect trade FMCSA acknowledges that U.S. FMCSA under 49 U.S.C. §§ 13901 and opportunities for U.S. firms doing insurance companies would experience 13902. The L&I database was the business in Canada or for Canadian a reduction in revenues because they primary database utilized in the analysis firms doing business in the United would no longer receive payments for because it does not include overlapping States. the fronting arrangements with carrier data. Under MCMIS, a motor Canadian insurance companies. Unfunded Mandates Reform Act of 1995 carrier may have multiple carrier However, the Agency believes that a classifications and thus may be counted The Unfunded Mandates Reform Act significant portion of the payments they more than once. The Agency did, of 1995 (Public Law 104–4; 2 U.S.C. received from Canadian insurance however, use MCMIS as a source to 1532) requires each agency to assess the companies were used to offset the legal obtain the number of Canada-domiciled effects of its regulatory actions on State, and administrative costs the U.S. for-hire carriers exempt from local, and tribal governments and the companies incurred to participate in the registration under 49 U.S.C. 13901 and private sector. Any agency promulgating fronting arrangement. Although there 13902 since they are not found in the a final rule likely to result in a Federal may be some degree of financial loss to L&I database. mandate requiring expenditures by a U.S. companies, the amount of the loss State, local, or tribal government, or by The RIA finds that the proposed is expected to be small, as evidenced by the private sector of $136.1 million or rulemaking yields a positive discounted the fact that, except for NAPSLO, the more in any one year, must prepare a net benefit of $273 million estimated U.S. insurance industry has not written statement incorporating various over a 10-year period. This amounts to expressed opposition to Canada’s assessments, estimates, and descriptions approximately $30,000 per carrier over petition. FMCSA requests comments on that are delineated in the Act. FMCSA that period. These quantified net this issue. has preliminarily determined that this benefits accrue to the Canada-domiciled A full regulatory evaluation has been proposal would not have an impact of for-hire motor carriers and freight prepared in support of this rulemaking. $136.1 million or more in any one year. forwarders which are impacted by this The regulatory evaluation is included in rulemaking, of which there are the docket referenced at the beginning Paperwork Reduction Act approximately 9,000 actively operating of this notice. Under the Paperwork Reduction Act CMVs in the U.S. The essential impact of 1995 (44 U.S.C. 3501–3520), a Federal Regulatory Flexibility Act of this rulemaking would be the relief of agency must obtain approval from the a disproportional cost burden which, in FMCSA has considered whether this Office of Management and Budget for turn, is the expected net benefit of rulemaking action would have a each collection of information it approximately $273 million over a 10- significant impact under the Regulatory conducts, sponsors, or requires through year period. Flexibility Act (5 U.S.C. 601–612), as regulations. FMCSA has determined this amended by the Small Business action would not have an impact on 1 Licensing and Insurance database, at http://li- Regulatory Enforcement and Fairness OMB Control Number 2126–0008, public.fmcsa.dot.gov, and the Motor Carrier Management Information System (MCMIS) Act (RFA) (Pub. L. 104–121), and has ‘‘Financial Responsibility for Motor database, at http://MCMIS.fmcsa.dot.gov, as of preliminarily determined this action Carriers of Passengers and Motor February 20, 2009. would not have a significant economic Carriers of Property,’’ an information

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collection burden which is currently and ‘‘high and adverse impact’’ on this proposal contains no privacy approved at 4,529 annual burden hours minority or low-income populations. impacts. per year through March 31, 2010. None of the regulatory alternatives Executive Order 13045 (Protection of considered in this proposed rulemaking National Environmental Policy Act Children) would result in high and adverse The Agency analyzed this proposed environmental impacts. FMCSA has analyzed this proposal rule for the purpose of the National under Executive Order 13045, entitled Environmental Policy Act of 1969 Executive Order 12630 (Taking of ‘‘Protection of Children from (NEPA) (42 U.S.C. 4321 et seq.), the Private Property) Environmental Health Risks and Safety Council on Environmental Quality The Agency has analyzed this Risks.’’ The Agency has preliminarily Regulations Implementing NEPA (40 proposed rule under Executive Order determined that this proposed CFR parts 1500 to 1508), and FMCSA’s 12630, Governmental Actions and rulemaking would not cause any NEPA Implementation Order 5610.1 Interference with Constitutionally environmental risk to health or safety (issued on March 1, 2004, 69 FR 9680). Protected Property Rights. We do not that may disproportionately affect This action is categorically excluded anticipate that this proposed action children. (CE) from further environmental would effect a taking of private property documentation under Appendix 2.6.v. Executive Order 13175 (Tribal or otherwise have implications under Consultation) of Order 5610.1, which contain Executive Order 12630. categorical exclusions for regulations FMCSA has analyzed this action prescribing the minimum levels of Executive Order 12372 under Executive Order 13175, dated financial responsibility required to be (Intergovernmental Review) November 6, 2000, and has maintained by motor carriers operating The regulations implementing preliminarily determined that the in interstate, foreign, or intrastate Executive Order 12372 regarding proposed action would not have commerce. In addition, FMCSA believes intergovernmental consultation on substantial direct effects on one or more the proposed action would not involve Federal programs and activities do not Indian tribes; would not impose extraordinary circumstances that would apply to this proposed rule. substantial compliance costs on Indian affect the quality of the environment. tribal governments; and would not Thus, the proposed action does not Executive Order 13211 (Energy Supply, preempt tribal law. Therefore, a tribal require an environmental assessment or Distribution, or Use) summary impact statement would not an environmental impact statement. be required. We have also analyzed this proposed FMCSA has analyzed this proposed rule under the Clean Air Act (CAA), as action under Executive Order 13211, List of Subjects in 49 CFR Part 387 amended, section 176(c), (42 U.S.C. Actions Concerning Regulations That Buses, Freight, Freight forwarders, 7401 et seq.) and implementing Significantly Affect Energy Supply, Hazardous materials transportation, regulations promulgated by the Distribution, or Use. The Agency has Highway safety, Insurance, Environmental Protection Agency. preliminarily determined that it is not a Intergovernmental relations, Motor Approval of this proposed action is significant energy action within the carriers, Motor vehicle safety, Moving of exempt from the CAA’s general meaning of section 4(b) of the Executive household goods, Penalties, Reporting conformity requirement since it Order and would not likely have a and recordkeeping requirements, Surety involves policy development and civil significant adverse effect on the supply, bonds. enforcement activities, such as distribution, or use of energy. Therefore, the Agency would not anticipate that a For the reasons discussed above, investigations, inspections, FMCSA proposes to amend title 49, examinations, and the training of law Statement of Energy Effects would be required. Code of Federal Regulations, chapter III, enforcement personnel. See 40 CFR subchapter B, as set forth below: 93.153(c)(2). It would not result in any Executive Order 12988 (Civil Justice emissions increase or result in Reform) PART 387—MINIMUM LEVELS OF emissions that are above the general FINANCIAL RESPONSIBILITY FOR conformity rule’s de minimis emission FMCSA has preliminarily determined MOTOR CARRIERS threshold levels, because the action that this proposed rulemaking meets merely relates to insurance coverage applicable standards in sections 3(a) 1. The authority citation for part 387 across international borders between the and 3(b)(2) of Executive Order 12988, continues to read as follows: U.S. and Canada. Civil Justice Reform, to minimize Authority: 49 U.S.C. 13101, 13301, 13906, litigation, eliminate ambiguity, and 14701, 31138, and 31139; and 49 CFR 1.73. Environmental Justice reduce burden. 2. In § 387.11: FMCSA has considered the Privacy Impact Assessment a. In paragraph (c), in the last line, environmental effects of this proposed remove the period at the end of the rule in accordance with Executive Order FMCSA conducted a privacy impact sentence, and add in its place ‘‘; or’’; 12898 and DOT Order 5610.2 on assessment of this proposed rule as and addressing Environmental Justice for required by section 522(a)(5) of the b. Add paragraph (d) to read as Minority Populations and Low-Income Transportation, Treasury, Independent follows: Populations, published April 15, 1997 Agencies, and General Government (62 FR 18377) and has preliminarily Appropriations Act, 2005, Public Law § 387.11 State authority and designation of determined that there are no 108–447, div. H, 118 Stat. 2809, 3268, agent. environmental justice issues associated (December 8, 2004) [set out as a note to * * * * * with this proposed rule nor any 5 U.S.C. 552a]. The assessment (d) A Canadian insurance company collective environmental impact considers any impacts of the proposed legally authorized to issue a policy of resulting from its promulgation. rule on the privacy of information in an insurance in the Province or Territory of Environmental justice issues would be identifiable form and related matters. Canada in which a Canadian motor raised if there were ‘‘disproportionate’’ FMCSA has preliminarily determined carrier has its principal place of

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business or domicile, and that is willing or under the authority of a court of information on the rulemaking process, to designate a person upon whom competent jurisdiction, may be served see the Public Participation heading of process, issued by or under the in any proceeding at law brought in any the Supplementary Information section authority of any court having State in which the freight forwarder of this document. Note that all jurisdiction of the subject matter, may operates. comments received will be posted be served in any proceeding at law Issued on: June 4, 2009. without change to http:// brought in any State in which the motor Rose A. McMurray, www.regulations.gov, including any carrier operates. Acting Deputy Administrator. personal information provided. Please 3. In § 387.35: see the Privacy Act heading below. a. In paragraph (c), in the last line, [FR Doc. E9–13581 Filed 6–9–09; 8:45 am] Privacy Act: Anyone is able to search remove the period at the end of the BILLING CODE 4910–EX–P the electronic form of all comments sentence, and add in its place ‘‘; or’’; received into any of our dockets by the and DEPARTMENT OF TRANSPORTATION name of the individual submitting the b. Add paragraph (d) to read as comment (or signing the comment, if follows: National Highway Traffic Safety submitted on behalf of an association, § 387.35 State authority and designation of Administration business, labor union, etc.). You may agent. review DOT’s complete Privacy Act Statement in the Federal Register * * * * * 49 CFR Part 541 published on April 11, 2000 (65 FR (d) A Canadian insurance company [Docket No. NHTSA 2009–0085] legally authorized to issue a policy of 19477–78) or you may visit http:// insurance in the Province or Territory of Preliminary Theft Data; Motor Vehicle DocketsInfo.dot.gov. Docket: For access to the docket to Canada in which a Canadian motor Theft Prevention Standard read background documents or carrier has its principal place of AGENCY: National Highway Traffic comments received, go to http:// business or domicile, and that is willing Safety Administration (NHTSA), www.regulations.gov or the street to designate a person upon whom Department of Transportation. address listed above. Follow the online process, issued by or under the ACTION: instructions for accessing the dockets. authority of any court having Publication of preliminary theft jurisdiction of the subject matter, may data; request for comments. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of International be served in any proceeding at law SUMMARY: This document requests Policy, Fuel Economy and Consumer brought in any State in which the motor comments on data about passenger Programs, NHTSA, 1200 New Jersey carrier operates. motor vehicle thefts that occurred in Avenue, SE., Washington, DC 20590. 4. In § 387.315: calendar year (CY) 2007 including theft Ms. Mazyck’s telephone number is (202) a. In paragraph (c), in the last line, rates for existing passenger motor 366–0846. Her fax number is (202) 493– remove the period at the end of the vehicle lines manufactured in model sentence, and add in its place ‘‘; or’’; year (MY) 2007. The preliminary theft 2990. and data indicate that the vehicle theft rate SUPPLEMENTARY INFORMATION: NHTSA b. Add paragraph (d) to read as for CY/MY 2007 vehicles (1.86 thefts administers a program for reducing follows: per thousand vehicles) decreased by motor vehicle theft. The central feature of this program is the Federal Motor § 387.315 Insurance and surety 10.6 percent from the theft rate for CY/ companies. MY 2006 vehicles (2.08 thefts per Vehicle Theft Prevention Standard, 49 thousand vehicles). CFR part 541. The standard specifies * * * * * performance requirements for inscribing (d) In the Province or Territory of Publication of these data fulfills or affixing vehicle identification Canada in which a Canadian motor NHTSA’s statutory obligation to numbers (VINs) onto certain major carrier has its principal place of periodically obtain accurate and timely original equipment and replacement business or domicile, and will designate theft data, and publish the information parts of high-theft lines of passenger in writing upon request by FMCSA, a for review and comment. DATES: Comments must be submitted on motor vehicles. person upon whom process, issued by The agency is required by 49 U.S.C. or under the authority of a court of or before August 10, 2009. ADDRESSES: You may submit comments 33104(b)(4) to periodically obtain, from competent jurisdiction, may be served the most reliable source, accurate and in any proceeding at law brought in any identified by Docket No. NHTSA–2009– 0085 by any of the following methods: timely theft data, and publish the data State in which the carrier operates. for review and comment. To fulfill the 5. In § 387.409: • Federal eRulemaking Portal: Go to a. In paragraph (c), in the last line, http://www.regulations.gov. Follow the § 33104(b)(4) mandate, this document remove the period at the end of the online instructions for submitting reports the preliminary theft data for CY sentence, and add in its place ‘‘; or’’; comments. 2007 the most recent calendar year for and • Mail: Docket Management Facility: which data are available. b. Add paragraph (d) to read as U.S. Department of Transportation, 1200 In calculating the 2007 theft rates, follows: New Jersey Avenue, SE., West Building NHTSA followed the same procedures it Ground Floor, Room W12–140, has used since publication of the 1983/ § 387.409 Insurance and surety Washington, DC 20590–0001. 1984 theft rate data (50 FR 46669, companies. • Hand Delivery or Courier: West November 12, 1985). The 2007 theft rate * * * * * Building Ground Floor, Room W12–140, for each vehicle line was calculated by (d) In the Province or Territory of 1200 New Jersey Avenue, SE., between dividing the number of reported thefts Canada in which a Canadian freight 9 a.m. and 5 p.m. ET, Monday through of MY 2007 vehicles of that line stolen forwarder has its principal place of Friday, except Federal holidays. during calendar year 2007 by the total business or domicile, and will designate • Fax: 202–493–2251. number of vehicles in that line in writing upon request by FMCSA, a Instructions: For detailed instructions manufactured for MY 2007, as reported person upon whom process, issued by on submitting comments and additional to the Environmental Protection Agency

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(EPA). As in all previous reports, 73 FR 60633, October 14, 2008). The vehicle lines, and none are light-duty NHTSA’s data were based on preliminary theft rate for MY 2007 truck lines. information provided to NHTSA by the passenger vehicles stolen in calendar The agency believes that the theft rate National Crime Information Center year 2007 decreased to 1.86 thefts per reduction could be the result of several (NCIC) of the Federal Bureau of thousand vehicles produced, a decrease factors including the increased use of Investigation. The NCIC is a government of 10.6 percent from the rate of 2.08 standard antitheft devices (i.e., system that receives vehicle theft thefts per thousand vehicles information from approximately 23,000 immobilizers), vehicle parts marking, experienced by MY 2006 vehicles in CY increased and improved prosecution criminal justice agencies and other law 2006. For MY 2007 vehicles, out of a enforcement authorities throughout the efforts by law enforcement organizations total of 204 vehicle lines, 15 lines had United States. The NCIC data also and increased public awareness a theft rate higher than 3.5826 per include reported thefts of self-insured measures which may have contributed and uninsured vehicles, not all of which thousand vehicles, the established to the overall reduction in vehicle are reported to other data sources. median theft rate for MYs 1990/1991 thefts. The preliminary MY 2007 theft The preliminary 2007 theft data show (See 59 FR 12400, March 16, 1994). Of rate reduction is consistent with the a decrease in the vehicle theft rate when the 15 vehicle lines with a theft rate general decreasing trend of theft rates compared to the theft rate experienced higher than 3.5826, 13 are passenger car over the past 15 years as indicated by in CY/MY 2006 (For 2006 theft data, see lines, two are multipurpose passenger Figure 1.

In Table I, NHTSA has tentatively from which the purportedly confidential closing date, and it is recommended that ranked each of the MY 2007 vehicle information has been deleted should be interested persons continue to examine lines in descending order of theft rate. submitted to Dockets. A request for the docket for new material. Public comment is sought on the confidentiality should be accompanied Those persons desiring to be notified accuracy of the data, including the data by a cover letter setting forth the upon receipt of their comments in the for the production volumes of information specified in the agency’s rules docket should enclose a self- individual vehicle lines. confidential business information addressed, stamped postcard in the regulation. 49 CFR part 512. Comments must not exceed 15 pages envelope with their comments. Upon in length (49 CFR 553.21). Attachments All comments received before the receiving the comments, the docket may be appended to these submissions close of business on the comment supervisor will return the postcard by without regard to the 15 page limit. This closing date indicated above for this mail. limitation is intended to encourage document will be considered, and will commenters to detail their primary be available for examination in the Privacy Act: Anyone is able to search arguments in a concise fashion. docket at the above address both before the electronic form of all comments If a commenter wishes to submit and after that date. To the extent received into any of our dockets by the certain information under a claim of possible, comments filed after the name of the individual submitting the confidentiality, three copies of the closing date will also be considered. comment (or signing the comment, if complete submission, including Comments on this document will be submitted on behalf of an association, purportedly confidential business available for inspection in the docket. business, labor union, etc.). You may information, should be submitted to the NHTSA will continue to file relevant review DOT’s complete Privacy Act Chief Counsel, NHTSA, at the street information as it becomes available for Statement in the Federal Register address given above, and two copies inspection in the docket after the published on April 11, 2000 (Volume

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65, Number 70; Pages 19477–78) or you Authority: 49 U.S.C. 33101, 33102 and may visit http://DocketsInfo.dot.gov. 33104; delegation of authority at 49 CFR 1.50.

PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2007 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2007

2007 Theft rate Manufacturer Make/model (line) Thefts 2007 Production (per 1,000 (Mfr’s) 2007 vehicles produced)

1 ...... CHRYSLER ...... DODGE MAGNUM ...... 344 28059 12.2599 2 ...... CHRYSLER ...... DODGE CHARGER ...... 1148 120636 9.5162 3 ...... GENERAL MOTORS ...... CHEVROLET MONTE CARLO ... 174 21689 8.0225 4 ...... GENERAL MOTORS ...... PONTIAC GRAND PRIX ...... 534 77689 6.8736 5 ...... CHRYSLER ...... 300 ...... 715 121529 5.8834 6 ...... MITSUBISHI ...... LANCER ...... 12 2355 5.0955 7 ...... ROLLS ROYCE ...... PHANTOM ...... 2 398 5.0251 8 ...... MERCEDES–BENZ ...... 215 (CL–CLASS) ...... 43 9296 4.6256 9 ...... FORD MOTOR CO ...... TAURUS ...... 510 114616 4.4496 10 ...... CHRYSLER ...... SEBRING ...... 338 78059 4.3301 11 ...... CHRYSLER ...... PT CRUISER ...... 443 104546 4.2374 12 ...... SUZUKI ...... FORENZA ...... 133 34236 3.8848 13 ...... GENERAL MOTORS ...... PONTIAC G6 ...... 629 164306 3.8282 14 ...... GENERAL MOTORS ...... CHEVROLET MALIBU ...... 487 127718 3.8131 15 ...... MITSUBISHI ...... GALANT ...... 103 27141 3.7950 16 ...... MAZDA ...... 6 ...... 201 56178 3.5779 17 ...... VOLKSWAGEN ...... AUDI RS4 ...... 5 1475 3.3898 18 ...... CHRYSLER ...... PACIFICA ...... 197 60392 3.2620 19 ...... GENERAL MOTORS ...... CHEVROLET COBALT ...... 703 215663 3.2597 20 ...... FORD MOTOR CO ...... MUSTANG ...... 518 159345 3.2508 21 ...... FORD MOTOR CO ...... LINCOLN TOWN CAR ...... 114 35281 3.2312 22 ...... CHRYSLER ...... DODGE CALIBER ...... 560 175537 3.1902 23 ...... KIA ...... OPTIMA ...... 127 40914 3.1041 24 ...... NISSAN ...... 350Z ...... 49 15831 3.0952 25 ...... NISSAN ...... INFINITI FX35 ...... 40 13346 2.9972 26 ...... GENERAL MOTORS ...... CADILLAC DTS ...... 140 47396 2.9538 27 ...... GENERAL MOTORS ...... CHEVROLET IMPALA ...... 769 267375 2.8761 28 ...... KIA ...... SPECTRA ...... 171 64591 2.6474 29 ...... KIA ...... RIO ...... 83 31947 2.5981 30 ...... MITSUBISHI ...... ECLIPSE ...... 107 42300 2.5296 31 ...... FORD MOTOR CO ...... FOCUS ...... 576 229738 2.5072 32 ...... GENERAL MOTORS ...... CHEVROLET AVEO ...... 166 67104 2.4738 33 ...... HYUNDAI ...... SONATA ...... 302 123439 2.4466 34 ...... VOLVO ...... S40 ...... 53 21905 2.4195 35 ...... HYUNDAI ...... ELANTRA ...... 192 80133 2.3960 36 ...... NISSAN ...... MAXIMA ...... 152 63601 2.3899 37 ...... BMW ...... M6 ...... 8 3400 2.3529 38 ...... MITSUBISHI ...... ENDEAVOR ...... 30 12805 2.3428 39 ...... NISSAN ...... SENTRA ...... 225 96584 2.3296 40 ...... FORD MOTOR CO ...... CROWN VICTORIA ...... 17 7424 2.2899 41 ...... CHRYSLER ...... JEEP LIBERTY ...... 209 91466 2.2850 42 ...... GENERAL MOTORS ...... CHEVROLET HHR ...... 223 99681 2.2371 43 ...... MERCEDES–BENZ ...... 220 (S–CLASS) ...... 91 41867 2.1735 44 ...... TOYOTA ...... COROLLA ...... 740 351414 2.1058 45 ...... NISSAN ...... INFINITI FX45 ...... 1 475 2.1053 46 ...... GENERAL MOTORS ...... CHEVROLET TRAILBLAZER ...... 257 122918 2.0908 47 ...... GENERAL MOTORS ...... BUICK LACROSSE/ALLURE ...... 113 54938 2.0569 48 ...... HUMMER ...... H3 ...... 95 46341 2.0500 49 ...... NISSAN ...... ALTIMA ...... 413 202162 2.0429 50 ...... SUZUKI ...... RENO ...... 62 30424 2.0379 51 ...... FORD MOTOR CO ...... MERCURY GRAND MARQUIS ... 81 39757 2.0374 52 ...... JAGUAR ...... XK8 ...... 6 2965 2.0236 53 ...... KIA ...... SORENTO ...... 64 31798 2.0127 54 ...... MAZDA ...... 5 ...... 33 16424 2.0093 55 ...... GENERAL MOTORS ...... SATURN ION ...... 185 94117 1.9656 56 ...... VOLKSWAGEN ...... AUDI A8 ...... 10 5106 1.9585 57 ...... HYUNDAI ...... ACCENT ...... 86 44314 1.9407 58 ...... GENERAL MOTORS ...... CADILLAC CTS ...... 97 53360 1.8178 59 ...... FORD MOTOR CO ...... FUSION ...... 266 146464 1.8161 60 ...... NISSAN ...... PATHFINDER ...... 76 42137 1.8036 61 ...... HYUNDAI ...... AZERA ...... 40 22218 1.8003 62 ...... CHRYSLER ...... DODGE CARAVAN/GRAND 284 164003 1.7317 CARAVAN. 63 ...... GENERAL MOTORS ...... CHEVROLET CORVETTE ...... 65 37744 1.7221

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2007 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2007—Continued

2007 Theft rate Manufacturer Make/model (line) Thefts 2007 Production (per 1,000 (Mfr’s) 2007 vehicles produced)

64 ...... BMW ...... M5 ...... 2 1163 1.7197 65 ...... VOLKSWAGEN ...... JETTA ...... 146 84922 1.7192 66 ...... GENERAL MOTORS ...... PONTIAC G6 ...... 54 32894 1.6416 67 ...... BMW ...... 6 ...... 11 6779 1.6227 68 ...... FORD MOTOR CO ...... FREESTAR VAN ...... 30 18579 1.6147 69 ...... NISSAN ...... INFINITI M35/M45 ...... 48 30144 1.5924 70 ...... TOYOTA ...... YARIS ...... 252 159292 1.5820 71 ...... HONDA ...... ACCORD ...... 664 421206 1.5764 72 ...... CHRYSLER ...... DODGE NITRO ...... 133 84441 1.5751 73 ...... MAZDA ...... RX–8 ...... 9 5728 1.5712 74 ...... FORD MOTOR CO ...... MERCURY MILAN ...... 55 35375 1.5548 75 ...... VOLKSWAGEN ...... AUDI A6/A6 QUATTRO/S6/S6 18 11660 1.5437 AVANT. 76 ...... FORD MOTOR CO ...... FIVE HUNDRED ...... 94 61270 1.5342 77 ...... TOYOTA ...... AVALON ...... 121 79137 1.5290 78 ...... NISSAN ...... MURANO ...... 137 92516 1.4808 79 ...... TOYOTA ...... HIGHLANDER ...... 148 100956 1.4660 80 ...... TOYOTA ...... CAMRY/SOLARA ...... 1003 685729 1.4627 81 ...... NISSAN ...... INFINITI G35 ...... 83 57041 1.4551 82 ...... GENERAL MOTORS ...... CHEVROLET UPLANDER VAN .. 87 60061 1.4485 83 ...... GENERAL MOTORS ...... CADILLAC STS ...... 24 16746 1.4332 84 ...... GENERAL MOTORS ...... CADILLAC XLR ...... 2 1400 1.4286 85 ...... HONDA ...... S2000 ...... 7 4907 1.4265 86 ...... KIA ...... AMANTI ...... 6 4343 1.3815 87 ...... MERCEDES–BENZ ...... 208 (CLK–CLASS) ...... 19 13825 1.3743 88 ...... NISSAN ...... FRONTIER PICKUP ...... 87 64010 1.3592 89 ...... GENERAL MOTORS ...... CHEVROLET COLORADO PICK- 95 70012 1.3569 UP. 90 ...... GENERAL MOTORS ...... GMC CANYON PICKUP ...... 25 18483 1.3526 91 ...... BMW ...... 7 ...... 22 16421 1.3397 92 ...... TOYOTA ...... FJ CRUISER ...... 112 83830 1.3360 93 ...... MAZDA ...... 3 ...... 153 114723 1.3336 94 ...... GENERAL MOTORS ...... PONTIAC G5 ...... 107 80962 1.3216 95 ...... SUBARU ...... IMPREZA ...... 51 39198 1.3011 96 ...... VOLKSWAGEN ...... AUDI A4/A4 QUATTRO/S4/S4 64 49645 1.2892 AVANT. 97 ...... NISSAN ...... QUEST VAN ...... 47 36661 1.2820 98 ...... HONDA ...... ACURA TSX ...... 29 22669 1.2793 99 ...... KIA ...... SPORTAGE ...... 58 45512 1.2744 100 ...... TOYOTA ...... TACOMA PICKUP ...... 206 165714 1.2431 101 ...... FORD MOTOR CO ...... RANGER PICKUP ...... 94 77539 1.2123 102 ...... TOYOTA ...... 4RUNNER ...... 132 109124 1.2096 103 ...... MERCEDES–BENZ ...... 170 (SLK–CLASS) ...... 9 7459 1.2066 104 ...... GENERAL MOTORS ...... SATURN AURA ...... 77 64851 1.1873 105 ...... GENERAL MOTORS ...... PONTIAC TORRENT ...... 35 29918 1.1699 106 ...... HONDA ...... CIVIC ...... 389 332639 1.1694 107 ...... GENERAL MOTORS...... CADILLAC FUNERAL COACH/ 1 857 1.1669 HEARSE. 108 ...... MITSUBISHI ...... OUTLANDER ...... 37 31873 1.1609 109 ...... VOLKSWAGEN ...... AUDI A3/A3 QUATTRO ...... 8 6992 1.1442 110 ...... VOLKSWAGEN ...... GOLF/RABBIT/GTI ...... 46 41314 1.1134 111 ...... GENERAL MOTORS ...... CHEVROLET EQUINOX ...... 94 87031 1.0801 112 ...... HYUNDAI ...... TIBURON ...... 15 13951 1.0752 113 ...... VOLKSWAGEN ...... PASSAT ...... 42 39867 1.0535 114 ...... MERCEDES–BENZ ...... 129 (SL–CLASS) ...... 8 7648 1.0460 115 ...... FORD MOTOR CO ...... MERCURY MONTEGO ...... 16 15439 1.0363 116 ...... GENERAL MOTORS ...... GMC ENVOY ...... 38 36989 1.0273 117 ...... HYUNDAI ...... TUCSON ...... 45 44033 1.0220 118 ...... HONDA ...... ACURA 3.2 TL ...... 5 4905 1.0194 119 ...... GENERAL MOTORS ...... BUICK TERRAZA VAN ...... 8 7865 1.0172 120 ...... FORD MOTOR CO ...... ESCAPE ...... 110 108788 1.0111 121 ...... JAGUAR ...... X–TYPE ...... 3 3018 0.9940 122 ...... HONDA ...... ACURA 3.5 RL ...... 49 49471 0.9905 123 ...... JAGUAR ...... VANDEN PLAS/SUPER V8 ...... 1 1010 0.9901 124 ...... SUZUKI ...... SX4 ...... 15 15421 0.9727 125 ...... VOLVO ...... S80 ...... 10 10805 0.9255 126 ...... GENERAL MOTORS ...... PONTIAC VIBE ...... 30 32499 0.9231

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2007 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2007—Continued

2007 Theft rate Manufacturer Make/model (line) Thefts 2007 Production (per 1,000 (Mfr’s) 2007 vehicles produced)

127 ...... HONDA ...... ELEMENT ...... 31 33688 0.9202 128 ...... MAZDA ...... B SERIES PICKUP ...... 3 3285 0.9132 129 ...... BMW ...... 5 ...... 47 51970 0.9044 130 ...... GENERAL MOTORS ...... SATURN SKY ...... 14 15546 0.9006 131 ...... GENERAL MOTORS ...... BUICK LUCERNE ...... 76 85922 0.8845 132 ...... TOYOTA ...... LEXUS LS ...... 31 35167 0.8815 133 ...... HONDA ...... ACURA RDX ...... 22 25159 0.8744 134 ...... CHRYSLER ...... JEEP WRANGLER ...... 88 100955 0.8717 135 ...... FORD MOTOR CO ...... EDGE ...... 105 121525 0.8640 136 ...... KIA ...... RONDO ...... 22 25524 0.8619 137 ...... TOYOTA ...... LEXUS RX ...... 82 98473 0.8327 138 ...... VOLKSWAGEN ...... EOS ...... 11 13406 0.8205 139 ...... TOYOTA ...... RAV4 ...... 145 181051 0.8009 140 ...... FORD MOTOR CO ...... FREESTYLE ...... 30 38047 0.7885 141 ...... HYUNDAI ...... SANTA FE ...... 89 113815 0.7820 142 ...... BMW ...... Z4/M ...... 8 10568 0.7570 143 ...... GENERAL MOTORS ...... PONTIAC SOLSTICE ...... 16 21310 0.7508 144 ...... SUZUKI ...... AERIO ...... 4 5544 0.7215 145 ...... PORSCHE ...... CAYMAN ...... 4 5552 0.7205 146 ...... PORSCHE ...... 911 ...... 9 12521 0.7188 147 ...... TOYOTA ...... LEXUS IS ...... 41 57055 0.7186 148 ...... MERCEDES–BENZ ...... 203 (C–CLASS) ...... 83 116282 0.7138 149 ...... BENTLEY MOTORS ...... CONTINENTAL ...... 3 4265 0.7034 150 ...... BMW ...... X3 ...... 22 31365 0.7014 151 ...... SUBARU ...... B9 TRIBECA ...... 8 11538 0.6934 152 ...... BMW ...... 3 ...... 97 139966 0.6930 153 ...... MAZDA ...... MAZDA CX–7 ...... 52 75137 0.6921 154 ...... VOLVO ...... S60 ...... 14 20268 0.6907 155 ...... CHRYSLER ...... JEEP PATRIOT ...... 20 29421 0.6798 156 ...... ASTON MARTIN ...... VANTAGE ...... 1 1474 0.6784 157 ...... KIA ...... SEDONA VAN ...... 41 60873 0.6735 158 ...... HONDA ...... FIT ...... 46 68642 0.6701 159 ...... SUBARU ...... LEGACY/OUTBACK ...... 10 14963 0.6683 160 ...... TOYOTA ...... SIENNA VAN ...... 63 96072 0.6558 161 ...... HONDA ...... ACURA MDX ...... 35 53550 0.6536 162 ...... FORD MOTOR CO ...... MERCURY MONTEREY VAN ..... 1 1553 0.6439 163 ...... FORD MOTOR CO ...... LINCOLN MKX ...... 22 34571 0.6364 164 ...... GENERAL MOTORS ...... BUICK RAINIER ...... 3 4723 0.6352 165 ...... SUBARU ...... OUTBACK ...... 27 42747 0.6316 166 ...... HONDA ...... PILOT ...... 77 122033 0.6310 167 ...... FORD MOTOR CO ...... LINCOLN ZEPHYR ...... 20 32952 0.6069 168 ...... JAGUAR ...... XKR ...... 3 5030 0.5964 169 ...... TOYOTA ...... LEXUS GS ...... 17 28638 0.5936 170 ...... VOLVO ...... V50 ...... 2 3373 0.5929 171 ...... MERCEDES–BENZ ...... 210 (E–CLASS) ...... 31 52557 0.5898 172 ...... MAZDA ...... MX–5 MIATA ...... 7 13353 0.5242 173 ...... VOLVO ...... XC90 ...... 15 30762 0.4876 174 ...... GENERAL MOTORS ...... BUICK RENDEZVOUS ...... 14 29187 0.4797 175 ...... VOLKSWAGEN ...... NEW BEETLE ...... 13 27249 0.4771 176 ...... HYUNDAI ...... VERACRUZ ...... 6 12726 0.4715 177 ...... VOLVO ...... XC70 ...... 6 13197 0.4546 178 ...... HONDA ...... CR–V ...... 104 229378 0.4534 179 ...... PORSCHE ...... BOXSTER ...... 2 4427 0.4518 180 ...... TOYOTA ...... LEXUS ES ...... 54 121577 0.4442 181 ...... SUBARU ...... FORESTER ...... 19 43985 0.4320 182 ...... BMW ...... MINI COOPER ...... 15 38511 0.3895 183 ...... JAGUAR ...... S–TYPE ...... 1 2582 0.3873 184 ...... TOYOTA ...... PRIUS ...... 53 158715 0.3339 185 ...... SAAB ...... 9–3 ...... 7 22401 0.3125 186 ...... HONDA ...... ODYSSEY VAN ...... 64 208166 0.3074 187 ...... FORD MOTOR CO ...... MERCURY MARINER ...... 6 20842 0.2879 188 ...... VOLVO ...... C70 ...... 1 5612 0.1782 189 ...... TOYOTA ...... LEXUS SC ...... 8 80617 0.0992 190 ...... ASTON MARTIN ...... DB9 ...... 0 688 0.0000 191 ...... BENTLEY MOTORS ...... ARNAGE ...... 0 140 0.0000 192 ...... BENTLEY MOTORS ...... AZURE ...... 0 184 0.0000 193 ...... FERRARI ...... 141 ...... 0 364 0.0000

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2007 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2007—Continued

2007 Theft rate Manufacturer Make/model (line) Thefts 2007 Production (per 1,000 (Mfr’s) 2007 vehicles produced)

194 ...... FERRARI ...... 612 SCAGLIETTI ...... 0 66 0.0000 195 ...... FERRARI ...... 430 ...... 0 1382 0.0000 196 ...... GENERAL MOTORS ...... CADILLAC LIMOUSINE ...... 0 648 0.0000 197 ...... JAGUAR ...... XJ8/XJ8L ...... 0 1645 0.0000 198 ...... JAGUAR ...... XJR ...... 0 221 0.0000 199 ...... LAMBORGHINI ...... MURCIELAGO ...... 0 164 0.0000 200 ...... LAMBORGHINI ...... GALLARDO ...... 0 558 0.0000 201 ...... MASERATI ...... QUATTROPORTE ...... 0 2176 0.0000 202 ...... SAAB ...... 9–5 ...... 0 4084 0.0000 203 ...... SPYKER ...... C8 ...... 0 7 0.0000 204 ...... VOLVO ...... V70 ...... 0 3899 0.0000

Issued on: June 4, 2009. Area before the potential onset of habitat, and the Environmental Stephen R. Kratzke, unregulated commercial fishing in the Assessment/Regulatory Impact Review/ Associate Administrator for Rulemaking. area. This action is intended to promote Initial Regulatory Flexibility Analysis [FR Doc. E9–13530 Filed 6–9–09; 8:45 am] the goals and objectives of the (EA/RIR/IRFA) for this action may be BILLING CODE 4910–59–P Magnuson-Stevens Fishery obtained from the Alaska Region at the Conservation and Management Act, the mailing address above or from the FMPs, and other applicable laws. Alaska Region website at http:// DEPARTMENT OF COMMERCE DATES: Written comments must be www.alaskafisheries.noaa.gov. received by July 27, 2009. FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric ADDRESSES: Send comments to Sue Melanie Brown, 907–586–7228. Administration Salveson, Assistant Regional Administrator, Sustainable Fisheries SUPPLEMENTARY INFORMATION: The 50 CFR Part 679 Division, Alaska Region, NMFS, Attn: Bering Sea and Aleutian Islands King Ellen Sebastian. You may submit and Tanner crab fisheries are managed [Docket No. 090218204–9956–03] comments, identified for this action by under the Crab FMP. The Arctic RIN 0648–AX71 0648–AX71 (PR), by any one of the Management Area fisheries would be following methods: managed under the Arctic FMP. The Fisheries of the United States • Electronic Submissions: Submit all North Pacific Fishery Management Exclusive Economic Zone Off Alaska; electronic public comments via the Council (Council) prepared the Crab Fisheries of the Arctic Management Federal eRulemaking Portal website at FMP and has developed and adopted Area; Bering Sea Subarea http://www.regulations.gov. the proposed Arctic FMP under the • Mail: P. O. Box 21668, Juneau, AK authority of the Magnuson-Stevens AGENCY: National Marine Fisheries 99802. Fishery Conservation and Management Service (NMFS), National Oceanic and • Fax: (907) 586–7557. Act (Magnuson-Stevens Act). Atmospheric Administration (NOAA), • Hand delivery to the Federal Regulations implementing the FMPs Commerce. Building: 709 West 9th Street, Room appear at 50 CFR parts 679 and 680. ACTION: Proposed rule; request for 420A, Juneau, AK. General regulations governing U.S. All comments received are a part of comments. fisheries also appear at 50 CFR part 600. the public record and will generally be SUMMARY: NMFS issues a proposed rule posted to http://www.regulations.gov The Council submitted the Arctic that would implement the Fishery without change. All Personal Identifying FMP and Amendment 29 to the Crab Management Plan for Fish Resources of Information (e.g., name, address) FMP for review by the Secretary of the Arctic Management Area (Arctic voluntarily submitted by the commenter Commerce, and a notice of availability FMP) and Amendment 29 to the Fishery may be publicly accessible. Do not of the Arctic FMP and Amendment 29 Management Plan for Bering Sea/ submit Confidential Business was published in the Federal Register Aleutian Islands King and Tanner Crabs Information or otherwise sensitive or on Mary 26, 2009 (74 FR 24757), with (Crab FMP). The Arctic FMP and protected information. comments on the Arctic FMP and Amendment 29 to the Crab FMP, if NMFS will accept anonymous Amendment 29 invited through July 27, approved, would establish sustainable comments (enter N/A in the required 2009. Comments may address the Arctic management of commercial fishing in fields, if you wish to remain FMP, Amendment 29, the proposed the Arctic Management Area and move anonymous). Attachments to electronic rule, or all actions, but must be received the northern boundary of the Crab FMP comments will be accepted in Microsoft by July 27, 2009, to be considered in the out of the Arctic Management Area Word, Excel, WordPerfect, or Adobe approval/disapproval decision on the south to Bering Strait. This action is portable document file (pdf) formats Arctic FMP and Amendment 29. All necessary to establish a management only. comments received by that time, framework for commercial fishing and Copies of the Arctic FMP, whether specifically directed to the to provide consistent management of Amendment 29 to the Crab FMP, maps Arctic FMP, to Amendment 29, or to the fish resources in the Arctic Management of the action area and essential fish proposed rule, will be considered in the

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approval/disapproval decision on the management in the Arctic Management in the FMP, fish are defined by section Arctic FMP and Amendment 29. Area. 3 of the Magnuson-Stevens Act as The proposed Arctic FMP contains all finfish, mollusks, crustaceans, and all Background required provisions and appropriate other forms of marine plant and animal If approved by NMFS, the Arctic FMP discretionary provisions for an FMP life other than marine mammals and and Amendment 29 to the Crab FMP contained in sections 303(a), 303(b), and birds. would provide for sustainable 313 of the Magnuson-Stevens Act. The The proposed Arctic FMP would management of commercial fishing in conservation and management provide the maximum sustainable yield the Arctic Management Area and provisions in the Arctic FMP were (MSY) and optimum yield (OY) for eliminate management authority over developed in consideration of the commercial fishing for each target the Arctic Management Area from the National Standard guidelines. The species. MSY is specified for each target Crab FMP. The Arctic FMP would following provides a summary of the species using the MSY control rule establish a management framework to main provisions of the proposed Arctic described in the proposed Arctic FMP. sustainably manage future commercial FMP that provide the authority for The OY for each target species is fishing in the Arctic Management Area conservation and management of fish determined by reductions from MSY and would initially prohibit commercial resources and for the provisions in this based on uncertainty, economic fishing until new information regarding proposed rule. considerations, and ecosystem Arctic fish resources allows for The Arctic FMP would apply to considerations. The MSYs for Arctic authorization of a sustainable commercial harvests of most fish cod, saffron cod, and snow crab would commercial fishery in the area. resources in the waters of the Arctic be reduced by 100 percent based on Amendment 29 to the Crab FMP would Management Area (Figure 24 in this economic costs of fishing. Uncertainty ensure consistent management of all proposed rule). The geographic extent of would reduce the MSY for each target crab species in the Arctic Management the Arctic Management Area would be species by an amount ranging from 36 Area under the Arctic FMP. all marine waters in the U.S. EEZ of the to 61 percent. MSYs for Arctic cod and In February 2009, the Council Chukchi and Beaufort Seas from 3 saffron cod also would be reduced based recommended the adoption of the Arctic nautical miles off the coast of Alaska or on ecosystem considerations. Arctic cod FMP to implement a management its baseline to 200 nautical miles is a keystone species in the Arctic framework that will protect the fish offshore, north of Bering Strait (from marine environment, with many higher resources of the Arctic Management Cape Prince of Wales to Cape Dezhneva) trophic level predators (i.e., certain Area against the potential onset of and westward to the 1990 U.S./Russia marine mammals and seabirds) unregulated commercial fishing by maritime boundary line and eastward to dependent on Arctic cod as a principal initially prohibiting commercial fishing the U.S./Canada maritime boundary. prey species. The harvest of saffron cod until sufficient information is available This proposed rule will not affect likely would result in very high levels to enable a sustainable commercial non-commercial fishing in the Arctic of Arctic cod bycatch (two tons of Arctic fishery to proceed, consistent with the Management Area or commercial cod for each ton of saffron cod); Magnuson-Stevens Act . Global climate harvest of certain species that are therefore, the harvest of saffron cod change is reducing the extent of sea ice managed pursuant to other legal likely would result in impacts on Arctic in the Arctic Ocean, providing greater authorities. This action would have no cod and on those species that depend on access to Arctic marine resources and effect on subsistence harvest of marine Arctic cod as prey. Because of the increasing human activity in this resources in the Arctic Management importance of Arctic cod to the Arctic sensitive marine environment of the Area. It also would have no effect on the food web, the lack of knowledge of the U.S. Exclusive Economic Zone (EEZ). commercial harvest of Pacific salmon Arctic cod biomass needed to support Under the Magnuson-Stevens Act and Pacific halibut. The commercial commercial fishing and Arctic (section 306(a)(3)), the State of Alaska harvest of Pacific salmon in the Arctic predators, and the potential high levels may regulate commercial fishing in the Management Area is managed under the of bycatch of Arctic cod in a saffron cod adjacent EEZ waters if no FMP is in FMP for Salmon Fisheries in the EEZ off fishery, the MSYs for Arctic cod and place. No FMP is yet in place for the the Coast of Alaska (Salmon FMP), saffron cod would be reduced 100 Arctic Management Area, and the State which prohibits commercial salmon percent based on ecosystem concerns. does not allow state licensed vessels to fishing in the Arctic Management Area. Based on these reductions of the commercially fish in the Arctic Pacific halibut commercial fishing is MSYs for the target species, the OY for Management Area. However, the state managed by the International Pacific commercial fishing in the Arctic authority for management in the EEZ Halibut Commission (IPHC), which does Management Area for each target pertains only to vessels registered under not allow harvest of Pacific halibut in species is proposed to be zero. With an the law of the State of Alaska. Thus, the Arctic Management Area. OY of zero for each target species, no absent an FMP, it is possible that The proposed Arctic FMP would quantity of target species is available for unregistered vessels could commercially establish two categories of species: commercial harvest. The proposed fish in the Arctic Management Area target species and ecosystem component Arctic FMP specifies the OY for each without any limitation or regulatory species. Target species are those that are target species as the lowest amount of oversight. The Council chose to prevent most likely to be targeted in a catch sufficient to allow for bycatch of this from occurring in the future; the foreseeable commercial fishery based on Arctic cod, saffron cod, and snow crab proposed Arctic FMP would eliminate potential markets and available biomass in subsistence fisheries for other the potential for unregulated in the Arctic Management Area. Arctic species. commercial fishing in the Arctic cod (Boreogadus saida), saffron cod Because the OYs for commercial Management Area. This action would (Eleginus gracilis), and snow crab fisheries for each target species are zero prevent potential adverse effects on the (Chionoecetes opilio) are target species and because of the lack of information Arctic marine environment from in the proposed Arctic FMP. The to manage sustainable fisheries for unregulated commercial fishing. The remainder of fish occurring in the Arctic ecosystem component species, the Arctic FMP would be a precautionary, Management Area are classified as Arctic FMP would prohibit commercial ecosystem-based approach to fisheries ecosystem component species. As used fishing on target and ecosystem

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component species, except Pacific these species are not likely to be fishing for non-target species on Arctic salmon and Pacific halibut for which overfished or be subject to overfishing cod, which is found throughout the other authorities prohibit commercial in the absence of commercial fishing or Arctic Management Area and is a fishing, as explained above. Prohibiting conservation and management keystone species that provides a crucial commercial harvest of ecosystem measures. trophic link between the sea ice food component species would prevent The Council’s decision to create an web and marine mammals and birds. adverse effects on the Arctic marine ecosystem component category that These limitations on NMFS’ ecosystem, including the target species, includes all fish species in the Arctic understanding of ecological processes in that may result from unregulated Management Area, except the potential the Arctic are compounded by the commercial fishing on any ecosystem target species, and to prohibit ongoing climatic changes in the region component species. This prohibition is commercial fishing for such species and physical changes in the marine a precautionary approach to fisheries other than Pacific salmon and Pacific environment. Global climate change is management because little information halibut, is based on ecosystem anticipated to continue altering the is available to NMFS to determine either considerations and is intended to Arctic environment in fundamental the ability of these species to support conserve target and non-target species ways, and before long may lead to a commercial fishing or the potential and their habitats. The stated seasonally ice-free Arctic Ocean. As a impacts from such fishing on the Arctic management objectives of the Arctic result, there is great uncertainty marine environment, including the FMP provide a benchmark for NMFS’ regarding the ways in which current target species. evaluation of the Council’s proposed ecological relationships may change, management measures. These objectives irrespective of fishing pressure. Consistent with the Council’s stated include a ‘‘Biological Conservation Consistent with the Council’s management policy and objectives, the Objective’’ that seeks to ensure the long- ecosystem-based management policy, proposed Arctic FMP includes non- term viability of fish populations by, NMFS believes it is appropriate to adopt target species in the ecosystem among other things, preventing management measures that will component category to ensure that the unregulated fishing and ‘‘incorporating maximize the resilience of the target Arctic marine ecosystem is adequately ecosystem-based considerations into species and afford the greatest protected and out of concern that fishery management decisions, as protection to the integrity of the Arctic unregulated commercial fishing for appropriate . . . .’’ The prohibition on ecosystem in the face of a changing these species could detrimentally affect commercial fishing for ecosystem climate. The prohibition on commercial the target fishery. The inclusion of all component species reflects such fishing for ecosystem component non-target species in the Arctic appropriate ecosystem-based species represents such a management Management Area in the ecosystem considerations and does not constitute measure. component category is consistent with required conservation and management Although there is uncertainty as to the Magnuson-Stevens Act which: for purposes of including such species whether commercial fishing for recognizes the increased importance of in the fishery. ecosystem component species would habitat conservation; calls for The OY for each of the three potential diminish target fishery populations to development of conservation and target fisheries is de minimis and an unacceptable degree, either due to management measures to avoid sufficient only to support subsistence bycatch of target species or impacts on irreversible or long-term adverse effects fishing. NMFS shares the Council’s the ecosystem, NMFS has determined to the marine environment and to concern that if the target species are that the Council appropriately adopted minimize bycatch to the extent caught as bycatch during unregulated a precautionary approach that proposes practicable; permits inclusion in an commercial fishing for other species, prohibiting commercial fishing for any FMP of management measures to removal of those target species could species of Arctic fish in the Arctic conserve non-target species and surpass OY. Similarly, NMFS shares the Management Area. Given the limited habitats, considering the variety of Council’s concern that unregulated knowledge of ecological relationships ecological factors affecting fishery commercial fishing for ecosystem and considerable uncertainty regarding populations; and requires consideration component species may affect the Arctic the future, this will ensure that fishing of ecological factors and protection of marine ecosystem in ways that are does not interfere with important the marine ecosystem in setting OY for detrimental to the potential target ecological relationships in the Arctic stocks in the fishery. The National fishery as well as non-target species and marine environment and thereby avoids Standard 1 guidelines (50 CFR their habitats. For example, large-scale the risk of harm to the potential target 600.310(d)(5)(i)) further encourage an removal of biomass of important prey species, the broader ecosystem, and the ecosystem-based approach to species for one or more target species, habitat of fish species that may management of fisheries, providing the or removal of species that are otherwise otherwise result from unregulated Council and NMFS with broad ecologically connected to one or more commercial fishing for ecosystem discretion to determine whether stocks target species, could adversely affect the component species. NMFS will should be classified and included in an target fishery populations. At present, periodically review the status of FMP as ecosystem component species the scientific understanding of the ecosystem component species based on for a series of reasons, including interdependence and trophic the best available scientific information specifying OY and developing relationships between particular species to determine whether or not such conservation and management measures in the Arctic marine ecosystem is species should be classified for active for the associated fishery to address rudimentary, relative to other marine conservation and management as other ecosystem issues and to protect ecosystems, as is the knowledge of species or stocks in the fishery. their associated role in the ecosystem particular habitats in the region that The proposed Arctic FMP prescribes with which the fishery interacts. Due to may be important to the continued the process the Council will follow and the lack of commercial fishing in the health of the ecosystem and its various the criteria it will evaluate before Arctic, these species are non-target species. In particular, NMFS is authorizing a future commercial fishery. species and are not generally retained concerned about the potential adverse Consideration of a future commercial for sale or for personal use. Moreover, effects of unregulated commercial fishery would include the Council’s

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review of an analysis of the biological regarding EFPs is available from the paucity of information available for information on the potential target NMFS Alaska Region website at http:// sustainable crab fisheries management. species and potential impacts from www.alaskafisheries.noaa.gov/ram/ Proposed Regulatory Amendments commercial fishing on the Arctic marine efp.htm. environment and on communities. An Essential fish habitat (EFH) is The Council recommended, and the Arctic FMP amendment would be described for each target species in the Secretary proposes, the following required to authorize a commercial proposed Arctic FMP. Once EFH is regulatory changes and additions to 50 fishery in the Arctic Management Area established, NMFS must be consulted CFR part 679 to implement the Arctic and to implement the specific on any federal action that may adversely FMP. conservation and management measures impact EFH (Magnuson-Stevens Act 1. Section 679.1 would be revised to for the fishery. section 305(b)(2)). The proposed EFH add the title of the Arctic FMP and to If a commercial fishery is authorized description for Arctic cod includes describe the scope of the FMP as in the Arctic Management Area, the waters of the entire Arctic Management governing commercial fishing for Arctic proposed Arctic FMP would provide the Area. Proposed EFH locations for snow fish in the Arctic Management Area by general conservation and management crab and saffron cod are primarily in the vessels of the United States. This measures to ensure sustainable fishing Chukchi Sea. A description of non- addition would be necessary to expand and to prevent overfishing of any target fishing impacts on EFH is appended to the scope of the 50 CFR part 679 species. Determination criteria for the proposed Arctic FMP. This regulations to include implementation overfishing levels (OFL) and acceptable appendix describes potential adverse of the Arctic FMP. biological catch levels (ABC) would be impacts of a variety of human activities 2. Section 679.2 would be amended to based on the type and quantity of that may occur in the Arctic add and revise definitions for the Arctic information available. Management Area and identifies FMP and for Amendment 29 to the Crab The OFLs and ABCs would guide the possible mitigation measures to reduce FMP. A definition for ‘‘Arctic fish’’ Council and NMFS in setting harvest such impacts. would be added to distinguish in specifications for fishery management in To assist in the ecosystem approach to regulations the species under the the Arctic Management Area. The fisheries management, the proposed authority of the Arctic FMP. The Arctic process for specifying OFLs, ABCs, and Arctic FMP includes habitat fish definition would include all fish as total allowable catch amounts (TACs) descriptions for several ecosystem defined by the Magnuson-Stevens Act, would include the development of a component species. The species excluding Pacific halibut and Pacific Stock Assessment and Fishery selected for habitat descriptions salmon. The Magnuson-Stevens Act Evaluation report for the Council’s represent forage species and potential defines ‘‘fish’’ as finfish, mollusks, consideration in recommending OFLs, future target species based on Bering crustaceans, and all other forms of ABCs, and TACs to the Secretary. At the Sea commercial fishing. marine animal and plant life other than time a commercial fishery is authorized The proposed Arctic FMP includes marine mammals and birds. Commercial by the amended Arctic FMP, the harvest the latest information on the Arctic fishing for Pacific halibut and Pacific specification regulations under § 679.20 ecosystem and Chukchi and Beaufort salmon in the EEZ off Alaska is would be revised to include the Arctic Seas survey data. This information authorized by the IPHC and under the Management Area. This would ensure provides the basis for the MSY and OY Salmon FMP, respectively, and would the latest method of determining harvest specifications and informed the not be managed under the Arctic FMP. specifications would be used at the time Council’s decision to recommend Creating this definition would allow for the Arctic Management Area adoption of the Arctic FMP. the initial prohibition of commercial commercial fishery is authorized. Amendment 29 to the Crab FMP fishing for Arctic fish, as would be The National Standard 1 guidelines would move the northern boundary of prescribed by the Arctic FMP. (74 FR 3178, January 16, 2009) require the Crab FMP management area to A definition for the ‘‘Arctic accountability measures and Bering Strait. The Crab FMP northern Management Area’’ as described by the mechanisms to prevent overfishing. boundary is currently located at Point Arctic FMP would be added. The area Because the proposed Arctic FMP Hope, north of Bering Strait and within would be described by text and would initially prohibits commercial fishing in the Arctic Management Area (Figure 24 refer to Figure 24 in part 679. This the Arctic Management Area, the in this proposed rule). This change in definition is necessary to define the area prohibition on commercial fishing that the Crab FMP northern boundary would within which the proposed Arctic FMP would be implemented by this proposed allow the management of all crab will manage commercial fishing. rule would satisfy this requirement. If a species in the Arctic Management Area The definition for the ‘‘Bering Sea and commercial fishery is authorized in the to be under the Arctic FMP. This change Aleutian Islands Area’’ for the purposes future, the FMP would be amended to in the geographic scope of management of king and Tanner crab management include specific accountability authority under the Crab FMP would would be revised. This revision would measures and mechanisms to prevent ensure consistent management authority implement Amendment 29 to the Crab overfishing. and application of the conservation and FMP by moving the northern boundary The process and criteria for issuing management measures in the Arctic of the Crab FMP fishery management exempted fishing permits (EFPs) that FMP to crab throughout the Arctic area from Point Hope southward to would be implemented by this proposed Management Area. The Crab FMP defers Bering Strait. This revision is necessary rule will be found at 50 CFR part 679. crab management to the State of Alaska to eliminate management authority in EFPs provide exemptions to fishing with federal oversight. The management the Arctic Management Area from the regulations to allow commercial fishing of crab stocks in the Bering Sea is based Crab FMP so that all crab that occur in a manner not otherwise authorized. on survey and catch information, which within the Arctic Management Area EFPs are granted for the purpose of is not available in the Arctic would be managed under the Arctic allowing studies that provide Management Area. The Arctic FMP’s FMP. information useful to the management conservation and management measures The definition of ‘‘commercial of fisheries and are effective for a were designed to address the unique fishing’’ would be revised to include the limited time. More information Arctic marine environment and the catch of Arctic fish which is or is

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intended to be sold or bartered, application of EFPs would be revised to This proposed rule has been excluding subsistence fishing. This include Arctic fish. determined to be not significant for the revision is necessary to manage, and 4. In § 679.7, a prohibition would be purposes of Executive Order 12866. initially prohibit, commercial fishing for added to prevent commercial fishing for NMFS prepared an initial regulatory Arctic fish and to ensure subsistence Arctic fish in the Arctic Management flexibility analysis (IRFA), as required fishing is not affected by such Area. A prohibition on commercial by section 603 of the Regulatory management of commercial fishing. fishing for Arctic fish would be Flexibility Act (RFA). The IRFA The definition of ‘‘management area’’ necessary to implement the Arctic FMP describes the economic impact this would be revised to add the Arctic prohibition on commercial fishing on proposed rule, if adopted, would have Management Area. This revision is either target or ecosystem component on small entities. Descriptions of the necessary to list the Arctic Management species. NMFS currently works with the action, the reasons it is under Area with the Bering Sea and Aleutian U.S. Coast Guard in surveillance of consideration, and its objectives and Islands Management Area and the Gulf vessel activities in the Arctic legal basis, are contained at the of Alaska. This revision would allow for Management Area. U.S. fishing vessels beginning of this section in the fishery management within the scope of transiting Canadian waters are required preamble and in the SUMMARY section the regulations at § 679.1. to stow gear in a manner that makes the of the preamble. A summary of the The definition of ‘‘optimum yield’’ gear not readily available for fishing and analysis follows. A copy of this analysis would be revised by adding Arctic fish easily visible during surveillance flights. is available from NMFS (see and referencing § 679.20(a)(1) where the NMFS may, in the future, consider this ADDRESSES). optimum yield for target species or other procedures that could facilitate This action would regulate identified in the Arctic FMP would be enforcement of the commercial fishing commercial fishing for fish resources specified. This revision is necessary to prohibition in the Arctic Management and not regulate subsistence, establish the optimum yield for the Area and is interested in any public recreational, or personal use fishing in target species and to support the comment on possible future the action area. There is only one prohibition on commercial fishing of enforcement procedures. unverified, small, and poorly 5. In § 679.20(a), the OY for target species. documented commercial fishery for red commercial fishing for Arctic king crab in a portion of the Arctic The definition of ‘‘subsistence Management Area target species would Management Area in Kotzebue Sound. fishing’’ would be added to describe be added. The OY for commercial subsistence harvests in the Arctic fishing would be set at zero mt for each A survey of the Alaska Department of Management Area of Arctic fish and of the target species, as provided in the Fish and Game fish ticket database back Pacific salmon. Subsistence in terms of Arctic FMP. This revision is necessary to 1985 identified a single fish ticket for Pacific halibut is defined under to implement the OYs specified in the this fishery. The ticket was for a very regulations at 50 CFR 300.61 and would Arctic FMP. small amount of red king crab delivered not be changed by this proposed 6. Figure 24 to part 679 would be in the summer of 2005. However, to the definition. Subsistence fishing in the added to show the Arctic Management extent that fishing has occurred, Arctic would be the harvest of Arctic Area as established by the Arctic FMP. landings in this fishery may not always fish and Pacific salmon for non- This addition is necessary to clarify in have been reported on official state commercial, long-term, customary and the regulations the location of the Arctic landings records (i.e., not legally traditional use necessary to maintain the Management Area and to differentiate recorded). The waters in which this life of the taker or those who depend the boundary of the Arctic Management fishery may have occurred were set upon the taker to provide them with Area from the Bering Sea and Aleutian apart from other waters for reporting such subsistence. This definition is Islands Management Area boundary purposes in 2005. From 2005 to 2007, consistent with the definition of shown in Figure 1 to part 679. The three or four persons acquired the State subsistence in the Marine Mammal Chukchi Sea statistical area 400 would of Alaska K09X permits that are Protection Act. Adding this definition to remain with the Bering Sea and required to fish commercially in this 50 CFR part 679 would allow the Aleutian Islands statistical and area. With the exception of the single subsistence harvest practices to be reporting areas in Figure 1 to part 679 anomalous fish ticket cited above, there differentiated from commercial harvest until the Arctic FMP is amended to have been no commercial fish tickets practices, which would be prohibited. authorize a commercial fishery in the from the action area during 2005 This addition is necessary to ensure the Arctic Management Area. The Council through 2007. Thus, the number of continued subsistence harvest of Arctic recommended not establishing subareas permit holders, rather than the number fish and Pacific salmon in the Arctic for fisheries management in the Arctic of operations with fish tickets, is Management Area while differentiating Management Area at this time due to the assumed to best represent the potential such activity from commercial fishing. lack of information to inform the number of entities directly regulated by NMFS is requesting comments specific boundaries of such subareas. this action. All of these operations are to this definition and any suggestions on believed to be small entities with annual how subsistence fishing may be better Classification gross revenues under $4 million. defined. Pursuant to sections 304(b)(1)(A) and The Council considered four 3. The introductory paragraph to 305(d) of the Magnuson-Stevens Act, the alternatives and three options for this § 679.6 addressing EFPs would be NMFS Acting Assistant Administrator proposed action. The options have no revised to add Arctic fish. EFPs has determined that this proposed rule effect on directly regulated small currently are available for only is consistent with and necessary to entities as the options are limited to groundfish exempted fishing. Because implement the Arctic FMP, and different scientific and administrative the Arctic FMP includes species other Amendment 29 to the Crab FMP, and in processes for developing management than groundfish and the Council accordance with other provisions of the measures for fisheries. Each option intended that EFPs may be available for Magnuson-Stevens Act, and other resulted in the same effect, because each any type of fish resource occurring in applicable law, subject to further would implement a management the Arctic Management Area, the consideration after public comment. framework that initially prohibits

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commercial fishing in the Arctic Executive Order (E.O.) 13175 of marine mammals, birds, Pacific salmon, Management Area. November 6, 2000 (25 U.S.C. 450 note), and Pacific halibut. Alternative 1 is the status quo which the Executive Memorandum of April 29, Arctic Management Area, for would allow for the potential for 1994 (25 U.S.C. 450 note), and the purposes of regulations governing the unregulated commercial fishing to occur American Indian and Alaska Native Arctic Management Area fisheries, in the Arctic Management Area. Policy of the U.S. Department of means all marine waters in the U.S. EEZ Alternative 1 does not meet the Commerce (March 30, 1995) outline the of the Chukchi and Beaufort Seas from objectives of the action to sustainably responsibilities of NMFS in matters 3 nautical miles off the coast of Alaska manage commercial fisheries in the affecting tribal interests. Section 161 of or its baseline to 200 nautical miles Arctic Management Area. Public Law (P.L.) 108–199 (188 Stat. offshore, north of Bering Strait (from Alternatives 3 and 4 would provide 452), as amended by section 518 of P.L. Cape Prince of Wales to Cape Dezhneva) different mechanisms to provide for 109–447 (118 Stat. 3267), extends the and westward to the 1990 U.S./Russia sustainable management of fish consultation requirements of E.O. 13175 maritime boundary line and eastward to resources in the Arctic Management to Alaska Native corporations. NMFS the U.S./Canada maritime boundary (see Area, but each alternative would will contact tribal governments and Figure 24 to this part). exclude the small red king crab fishery Alaska Native corporations which may * * * * * in Kotzebue Sound from Arctic FMP be affected by the proposed action, Bering Sea and Aleutian Islands Area, management. Alternative 3 would have provide them with a copy of this for purposes of regulations governing exempted the red king crab fishery from proposed rule, and offer them an the commercial king and Tanner crab the Arctic FMP and from the Crab FMP opportunity to consult. fisheries in part 680 of this Chapter, while Alternative 4 would have List of Subjects in 50 CFR Part 679 means those waters of the EEZ off the provided for the continued management west coast of Alaska lying south of the of the small red king crab fishery under Alaska, Fisheries, Recordkeeping and Chukchi Sea statistical area as described the Crab FMP. Neither Alternative 3 nor reporting requirements. in the coordinates listed for Figure 1 to Alternative 4 were chosen based on the Dated: June 5, 2009. this part, and extending south of the lack of evidence of a currently existing Samuel D. Rauch III, Aleutian Islands for 200 nm west of ° ′ ″ small red king crab fishery in the Assistant Administrator For Regulatory Scotch Cap Light (164 44 36 W. long). Kotzebue Sound area and on the lack of Programs, National Marine Fisheries Service. * * * * * information to ensure sustainable For reasons set out in the preamble, Commercial fishing means: management of the potential red king NMFS proposes to amend 50 CFR part * * * * * crab stock in the Kotzebue Sound while 679 as follows: (3) For purposes of Arctic fish, the not affecting subsistence use of the resulting catch of fish in the Arctic resource. Alternatives 1, 3, and 4 have PART 679—FISHERIES OF THE Management Area which either is, or is no known impacts on directly regulated EXCLUSIVE ECONOMIC ZONE OFF intended to be, sold or bartered but does small entities. ALASKA not include subsistence fishing for Alternative 2 was chosen as the Arctic fish, as defined in this preferred alternative as it fully meets the 1. The authority citation for part 679 subsection. objective to provide sustainable continues to read as follows: management for all fish resources of the * * * * * Authority: 16 U.S.C. 773 et seq.; 1801 et Management area means any district, Arctic Management Area. Alternative 2, seq.; 3631 et seq.; Pub. L. 108 447. which implements a management regulatory area, subpart, part, or the 2. In § 679.1, add paragraph (l) to read entire GOA, BSAI, or Arctic framework that initially prohibits all as follows: commercial fishing in the Arctic Management Area. Management Area, initially would § 679.1 Purpose and scope. * * * * * prohibit future crab fishing that may * * * * * Optimum yield means: otherwise take place in the small and (l) Fishery Management Plan for Fish * * * * * poorly documented fishery in Kotzebue Resources of the Arctic Management (2) With respect to the groundfish and Sound, until stocks have been assessed Area. Regulations in this part govern Arctic fisheries, see § 679.20(a)(1). and harvest specifications (e.g., OFL, commercial fishing for Arctic fish in the * * * * * ABC, TAC) are established. At that time, Arctic Management Area by vessels of Subsistence fishing for purposes of an amendment to the Arctic FMP could the United States (see this subpart and fishing in the Arctic Management Area be proposed to authorize commercial subpart B of this part). means the harvest of Arctic fish and fishing. Based on permit issuance, it is 3. In § 679.2, add in alphabetical order Pacific salmon for non-commercial, possible that two to four small entities definitions for ≥Arctic fish’’, ‘‘Arctic long-term, customary and traditional may fish in the small red king crab Management Area’’, and ‘‘Subsistence use necessary to maintain the life of the fishery in Kotzebue Sound in a year. fishing’’ and revise the definitions for taker or those who depend upon the Permit issuance does not necessarily the ‘‘Bering Sea and Aleutian Islands taker to provide them with such indicate fishing activity, and only one Area’’, ‘‘Management area’’, and subsistence. fish ticket exists from this fishery since paragraph (2) of the definition of * * * * * 1985. Income from this fishery is likely ‘‘Optimum yield’’ and paragraph (3) to 4. In § 679.6, revise paragraph (a) to to be small. the definition of ‘‘Commercial fishing’’ read as follows: This regulation does not impose new to read as follows: recordkeeping and reporting § 679.6 Exempted fisheries. requirements on the regulated small § 679.2 Definitions. (a) General. For limited experimental entities. * * * * * purposes, the Regional Administrator The IRFA did not reveal any federal Arctic fish means finfish, mollusks, may authorize, after consulting with the rules that duplicate, overlap, or conflict crustaceans, and all other forms of Council, fishing for groundfish or with the proposed action. marine animal and plant life other than fishing for Arctic fish in the Arctic

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Management Area in a manner that 6. In § 679.20, revise the introductory as provided in paragraph (c) of this would otherwise be prohibited. No paragraph and paragraph (a)(1) to read section. exempted fishing may be conducted as follows: (A) The OY for groundfish in the unless authorized by an exempted BSAI regulated by this section and by fishing permit issued by the Regional § 679.20 General limitations. part 600 of this chapter is 1.4 million to Administrator to the participating vessel This section applies to vessels 2.0 million mt. owner in accordance with the criteria engaged in directed fishing for and procedures specified in this section. groundfish in the GOA and/or the BSAI (B) The OY for groundfish in the GOA Exempted fishing permits will be issued and to vessels engaged in commercial regulated by this section and by part 600 without charge and will expire at the fishing for Arctic fish in the Arctic of this chapter is 116,000 to 800,000 mt. end of a calendar year unless otherwise Management Area. (ii) Arctic Management Area. The OY provided for under paragraph (e) of this (a) * * * (1) OY (i) BSAI and GOA. The OY for for each target fish species identified in section. the Fishery Management Plan for Fish * * * * * BSAI and GOA target species and the ‘‘other species’’ category is a range or Resources of the Arctic Management 5. In § 679.7, add paragraph (p) to Area regulated by this section and by read as follows: specific amount that can be harvested consistently with this part, plus the part 600 of this chapter is 0 mt. § 679.7 Prohibitions. amounts of ‘‘nonspecified species’’ * * * * * * * * * * taken incidentally to the harvest of 7. Figure 24 is added to part 679 to (p) Arctic Management Area. Conduct target species and the ‘‘other species’’ read as follows: commercial fishing for any Arctic fish in category. The species categories are BILLING CODE 3510–22–S the Arctic Management Area. defined in Table 1 of the specifications

[FR Doc. E9–13628 Filed 6–9–09; 8:45 am] BILLING CODE 3510–22–C

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Notices Federal Register Vol. 74, No. 110

Wednesday, June 10, 2009

This section of the FEDERAL REGISTER Service and Bureau of Land provides firefighting organizations in contains documents other than rules or Management offices in California is a California an opportunity to educate proposed rules that are applicable to the requirement resulting from a formal members of the public on safe and public. Notices of hearings and investigations, agreement with the State of California. responsible campfire use, and allows committee meetings, agency decisions and The agreement outlines fire rulings, delegations of authority, filing of agencies to personally provide fire petitions and applications and agency management responsibilities for each prevention messages to every individual statements of organization and functions are party and results in enhanced that intends to build or maintain a examples of documents appearing in this cooperation for fire suppression and fire campfire in the State. Without the section. prevention activities across agency Forest Service and Bureau of Land boundaries throughout the State. Management participating in the California State Law requires distribution of this permit, those DEPARTMENT OF AGRICULTURE individuals to possess a permit to light, agencies would lose an important fire maintain, or use a campfire on the prevention tool while making it Forest Service property of another person and also impossible for individuals to comply requires individuals to obtain a Information Collection: California campfire permit issued under Forest with state law due to the language in the Campfire Permit Service authority for campfires on State law requiring a campfire permit to be issued under Forest Service authority AGENCY: Forest Service, USDA. National Forest System lands. As part of for campfires on National Forest System ACTION: Notice; request for comment. a formal agreement with the State, the Forest Service, Bureau of Land lands. SUMMARY: In accordance with the Management, and the California Estimate of Annual Burden: Five Paperwork Reduction Act of 1995, the Department of Forestry and Fire minutes. Forest Service is seeking comments Protection (Cal Fire) have agreed to Type of Respondents: Individuals from all interested individuals and issue an interagency campfire permit who use government facilities and organizations on the new information that meets the intent of the State law. services. collection, California Campfire Permit. California Public Resources Code 4433: DATES: Comments must be received in Permits Required. A person shall not light, Estimated Annual Number of writing on or before August 10, 2009 to maintain, or use a campfire upon any brush- Respondents: 250,000 (per National be assured of consideration. Comments covered land, grass-covered land, or forest- Visitor Use Monitoring or NVUM). received after that date will be covered land which is the property of Estimated Annual Number of considered to the extent practicable. another person unless he first obtains a Responses per Respondent: One. written permit from the owner, lessee, or ADDRESSES: Comments concerning this agent of the owner or lessee of the property. Estimated Total Annual Burden on notice should be addressed to Jason If, however, campsites and special areas Respondents: 20,833 hours. Kirchner, Public Affairs Staff, U.S. have been established by the property owner Forest Service Pacific Southwest and posted as areas for camping, a permit is Comment is Invited: Comment is Region, 1323 Club Drive, Vallejo, CA not necessary. invited on: (1) Whether this collection 94592. A written campfire permit duly issued by of information is necessary for the stated Comments also may be submitted via or under the authority of the United States purposes and the proper performance of facsimile to 707–562–9053 or by e-mail Forest Service is necessary for use on land the functions of the Agency, including to: [email protected]. under the jurisdiction and control of the whether the information will have The public may inspect comments United States Forest Service. practical or scientific utility; (2) the received at the Forest Service’s Pacific The California Campfire Permit is accuracy of the Agency’s estimate of the Southwest Regional Office, 1323 Club issued in every Forest Service, Bureau burden of the collection of information, Drive, Vallejo, CA during normal of Land Management, and Cal Fire office including the validity of the business days between the hours of 8:30 in the State that is open to the public. methodology and assumptions used; (3) a.m. and 4 p.m. Visitors are encouraged The permit is required for any ways to enhance the quality, utility, and to call ahead to 707–562–9014 to individual that intends to make a clarity of the information to be facilitate entry to the building. campfire on National Forest System collected; and (4) ways to minimize the FOR FURTHER INFORMATION CONTACT: lands or Bureau of Land Management burden of the collection of information Jason Kirchner, Pacific Southwest lands. Only one permit is required per on respondents, including the use of Region, 707–562–9014. Individuals who year per person. The permit requires automated, electronic, mechanical, or use telecommunication devices for the individuals to provide their printed other technological collection deaf (TDD) may call the Federal Relay name and signature, which is used by techniques or other forms of information Service (FRS) at 1–800–877–8339 designated law enforcement officials to technology. twenty-four hours a day, every day of verify that the permit belongs to a the year, including holidays. responsible individual that is present at All comments received in response to this notice, including names and SUPPLEMENTARY INFORMATION: a campfire. The information is not Title: California Campfire Permit. otherwise used or maintained for any addresses when provided, will be a OMB Number: 0596–New. purpose by the Forest Service, Bureau of matter of public record. Comments will Type of Request: New. Land Management or Cal Fire. be summarized and included in the Abstract: The issuance of the The California Campfire Permit is a submission request toward Office of California Campfire Permit by Forest valuable fire prevention tool that Management and Budget approval.

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Dated: June 1, 2009. Additional free workshops will be held from renewing a Federal shark dealer James Hubbard, in 2009 and announced in the Federal permit unless a valid Atlantic Shark Deputy Chief, State and Private Forestry. Register. Identification Workshop certificate for [FR Doc. E9–13550 Filed 6–9–09; 8:45 am] DATES: The Atlantic Shark Identification each business location which first BILLING CODE 3410–11–P Workshops will be held July 2, August receives Atlantic sharks has been 6, and September 3, 2009. submitted with the permit renewal The Protected Species Safe Handling, application. The certificate(s) are valid DEPARTMENT OF COMMERCE Release, and Identification Workshops for three years. Additionally, trucks or will be held July 15, July 29, August 5, other conveyances which are extensions Foreign–Trade Zones Board August 26, September 2, and September of a dealer’s place of business must 30, 2009. possess a copy of a valid dealer or proxy [Docket 18–2009] See SUPPLEMENTARY INFORMATION for Atlantic Shark Identification Workshop Proposed Foreign–Trade Zone - Kern further details. certificate. Approximately 35 free County, California, Correction ADDRESSES: The Atlantic Shark Atlantic Shark Identification Workshops Identification Workshops will be held in have been conducted since January The Federal Register notice published Wilmington, NC; Richmond, TX; and 2007. on May 4, 2009 (74 FR 20459) Charleston, SC. Workshop Dates, Times, and Locations describing the application by the The Protected Species Safe Handling, County of Kern Department of Airports Release, and Identification Workshops 1. July 2, 2009, from 1 p.m. – 5 p.m., to establish a general–purpose foreign– will be held in Ronkonkoma, NY; North New Hanover County Library – trade zone at sites in Kern County, Charleston, SC; Clearwater, FL; Kenner, Northeast Branch, Oak Room, 1241 California is corrected as follows: LA; Peabody, MA; and Manahawkin, NJ. Military Cutoff Road, Wilmington, NC In paragraph 2, line 19, the correct See SUPPLEMENTARY INFORMATION for 28405. acreage for Site 2 is 247 acres and for further details on workshop locations. 2. August 6, 2009, from 9:30 a.m. – 2 p.m., George Memorial Library – Room line 24, the correct site is Site 23. FOR FURTHER INFORMATION CONTACT: 2D, 1001 Golfview Drive, Richmond, TX Richard A. Pearson by phone: (727) Dated: June 3, 2009. 77469. 824–5399, or by fax: (727) 824–5398. Andrew McGilvray, 3. September 3, 2009, from 9 a.m. – Executive Secretary. SUPPLEMENTARY INFORMATION: The 2 p.m., Center for Coastal [FR Doc. E9–13616 Filed 6–9–04; 8:45 am] workshop schedules, registration Environmental Health and Bimolecular information, and a list of frequently BILLING CODE 3510–DS–S Research, 219 Fort Johnson Road, asked questions regarding these Charleston, SC 29412. workshops are posted on the internet at: DEPARTMENT OF COMMERCE http://www.nmfs.noaa.gov/sfa/hms/ Registration workshops/. To register for a scheduled Atlantic National Oceanic and Atmospheric Atlantic Shark Identification Shark Identification Workshop, please Administration Workshops contact Eric Sander by email at RIN 0648–XP24 [email protected] or by phone at Since December 31, 2007, Atlantic (386) 852–8588. Schedules for Atlantic Shark shark dealers have been prohibited from Registration Materials Identification Workshops and receiving, purchasing, trading, or Protected Species Safe Handling, bartering for Atlantic sharks unless a To ensure that workshop certificates Release, and Identification Workshops valid Atlantic Shark Identification are linked to the correct permits, Workshop certificate is on the premises participants will need to bring the AGENCY: National Marine Fisheries of each business listed under the shark following items to the workshop: Service (NMFS), National Oceanic and dealer permit which first receives Atlantic shark dealer permit holders Atmospheric Administration (NOAA), Atlantic sharks (71 FR 58057; October 2, must bring proof that the individual is Commerce. 2006). Dealers who attend and an agent of the business (such as articles ACTION: Notice of public workshops. successfully complete a workshop are of incorporation), a copy of the issued a certificate for each place of applicable permit, and proof of SUMMARY: NMFS announces free business that is permitted to receive identification. Atlantic Shark Identification Workshops sharks. These certificate(s) are valid for Atlantic shark dealer proxies must and Protected Species Safe Handling, three years. bring documentation from the shark Release, and Identification Workshops Currently permitted dealers may send dealer acknowledging that the proxy is to be held in July, August, and a proxy to an Atlantic Shark attending the workshop on behalf of the September of 2009. Certain fishermen Identification Workshop. However, if a permitted Atlantic shark dealer for a and shark dealers are required to attend dealer opts to send a proxy, the dealer specific business location, a copy of the a workshop to meet regulatory must designate a proxy for each place of appropriate permit, and proof of requirements and maintain valid business covered by the dealer’s permit identification. permits. Specifically, the Atlantic Shark which first receives Atlantic sharks. Identification Workshop is mandatory Only one certificate will be issued to Workshop Objectives for all federally permitted Atlantic shark each proxy. A proxy must be a person The shark identification workshops dealers. The Protected Species Safe who: is currently employed by a place are designed to reduce the number of Handling, Release, and Identification of business covered by the dealer’s unknown and improperly identified Workshop is mandatory for vessel permit; is a primary participant in the sharks reported in the dealer reporting owners and operators who use bottom identification, weighing, and/or first form and increase the accuracy of longline, pelagic longline, or gillnet receipt of fish as they are offloaded from species–specific dealer–reported gear, and have also been issued shark or a vessel; and fills out dealer reports. information. Reducing the number of swordfish limited access permits. Atlantic shark dealers are prohibited unknown and improperly identified

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sharks will improve quota monitoring 5. September 2, 2009, from 9 a.m. – to permit renewal in 2009 must attend and the data used in stock assessments. 5 p.m., Holiday Inn, 1 Newbury Street, a workshop, successfully complete the These workshops will train shark dealer Peabody, MA 01960. course, and obtain a new certificate in permit holders or their proxies to 6. September 30, 2009, from 9 a.m. – order to renew their limited access properly identify Atlantic shark 5 p.m., Holiday Inn, 151 Route 72 East, shark and limited access swordfish carcasses. Manahawkin, NJ 08050. permits. Failure to provide a valid NOAA workshop certificate could result Registration Protected Species Safe Handling, in a permit denial. Release, and Identification Workshops To register for a scheduled Protected Dated: June 2, 2009. Species Safe Handling, Release, and Since January 1, 2007, shark limited Alan D. Risenhoover, access and swordfish limited access Identification Workshop, please contact Angler Conservation Education at (877) Director, Office of Sustainable Fisheries, permit holders who fish with longline National Marine Fisheries Service. 411–4272, 1640 Mason Avenue, or gillnet gear, have been required to [FR Doc. E9–13606 Filed 6–9–09; 8:45 am] submit a copy of their Protected Species Daytona Beach, FL 32117. BILLING CODE 3510–22–S Safe Handling, Release, and Registration Materials Identification Workshop certificate in order to renew either permit (71 FR To ensure that workshop certificates DEPARTMENT OF DEFENSE 58057; October 2, 2006). These are linked to the correct permits, certificate(s) are valid for three years. As participants will need to bring the following items with them to the Department of the Army; Corps of such, vessel owners who have not Engineers already attended a workshop and workshop: received a NMFS certificate, or vessel Individual vessel owners must bring a Intent To Prepare a Draft owners whose certificate(s) are due to copy of the appropriate permit(s), a Environmental Impact Statement expire in 2009, must attend one of the copy of the vessel registration or (DEIS) for the Revised Great Salt Lake workshops offered in 2009 to fish with, documentation, and proof of Minerals Corporation’s Solar or renew, their swordfish and shark identification. Evaporation Pond Expansion Project limited access permits. Additionally, Representatives of a business owned Within the Great Salt Lake, Box Elder new shark and swordfish limited access or co–owned vessel must bring proof County, UT permit applicants who intend to fish that the individual is an agent of the AGENCY: with longline or gillnet gear must attend business (such as articles of Department of the Army; U.S. Army Corps of Engineers, DoD. a Protected Species Safe Handling, incorporation), a copy of the applicable Release, and Identification Workshop permit(s), and proof of identification. ACTION: Notice of intent. Vessel operators must bring proof of and submit a copy of their workshop identification. SUMMARY: In accordance with the certificate before either of the permits National Environmental Policy Act will be issued. Workshop Objectives (NEPA), the U.S. Army Corps of In addition to certifying permit The protected species safe handling, Engineers—Sacramento District (Corps) holders, all longline and gillnet vessel release, and identification workshops will prepare an Environmental Impact operators fishing on a vessel issued a are designed to teach longline and Statement (EIS) for Corps authorization limited access swordfish or limited gillnet fishermen the required actions for the proposed Revised Great access shark permit are required to techniques for the safe handling and Salt Lake Minerals Corporation Solar attend a Protected Species Safe release of entangled and/or hooked Evaporation Ponds Expansion project. Handling, Release, and Identification protected species, such as sea turtles, The basic project purpose is potassium Workshop and receive a certificate. The marine mammals, and smalltooth sulfate extraction/mining. The overall certificate(s) are valid for three years. sawfish. The proper identification of project purpose is to increase Vessels that have been issued a limited protected species will also be taught at production/output of organically access swordfish or limited access shark these workshops in an effort to improve certified potassium sulfate to help meet permit may not fish unless both the reporting. Additionally, individuals the increasing demand for this type of vessel owner and operator have valid attending these workshops will gain a fertilize. The applicant believes there is workshop certificates onboard at all better understanding of the a need to increase production of times. Approximately 65 free Protected requirements for participating in these potassium sulfate in order to maintain Species Safe Handling, Release, and fisheries. The overall goal of these its market share over the next 50 years. Identification Workshops have been workshops is to provide participants The proposed expansion would add conducted since 2006. with the skills needed to reduce the approximately 91,000 acres of solar evaporative ponds, impacting Workshop Dates, Times, and Locations mortality of protected species, which may prevent additional regulations on approximately 80,000 acres of waters of 1. July 15, 2009, from 9 a.m. – 5 p.m., these fisheries in the future. the United States, including wetlands, Holiday Inn, 3845 Veterans Memorial and reduce the need to import raw Highway, Ronkonkoma, NY 11779. Grandfathered Permit Holders potassium from other sources. The EIS 2. July 29, 2009, from 9 a.m. – 5 p.m., Participants in the industry– will address impacts such as wildlife Holiday Inn, 5264 International sponsored workshops on safe handling habitat, water quality, Great Salt Lake Boulevard, North Charleston, SC 29418. and release of sea turtles that were held water elevations, wetlands, hydrology, 3. August 5, 2009, from 9 a.m. – 5 in Orlando, FL (April 8, 2005) and in cultural resources, transportation, p.m., Holiday Inn, 3535 Ulmerton Road, New Orleans, LA (June 27, 2005) were endangered species and industry. The State Route 688 W., Clearwater, FL issued a NOAA workshop certificate in projected date for public release of the 33762. December 2006 that is valid for three Draft EIS is October 30, 2009. 4. August 26, 2009, from 9 a.m. – 5 years. These workshop certificates may DATES: Four public scoping meetings p.m., Hilton New Orleans Airport, 901 be expiring in 2009. Vessel owners and will be held. The first scoping meeting Airline Drive, Kenner, LA 70062. operators whose certificates expire prior will be held on June 4, 2009 from 5–8

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p.m. at the Davis County Library, 725 canal into the lake and a new pump of the proposed project the efficiency of South Main Street, Bountiful, Utah. The station would be constructed on the the Behrens Trench would be improved second public meeting will be on June north end of the proposed Dolphin to reduce mixing of concentrated brine 9, 2009 from 5–8 p.m. at the Comfort Island pond. Diesel driven pumps, with lake water surrounding the trench Suites Hotel, 2250 South 1200 West, similar to those currently in use, would by either improving the existing open Ogden, Utah. The third meeting will be pump brine from the new feed canal to Behrens Trench by excavating the held on June 11, 2009, from 5–8 p.m. at the new pond. Existing pumps would be trench wider and deeper or by laying West High School, 241 North 300 West, used to pump brine from the new pond pipes in the existing trench. Salt Lake City, Utah. The fourth meeting to an existing pond. The total 25,000- In addition the project includes the will be held on June 24, 2009, from 5– acre pond expansion on the west side purchasing and transporting SOP from 8 p.m. also at West High School, 241 would increase the concentration of the U.S. Magnesium ponds located North 300 West, Salt Lake City, Utah. brine transferred to an existing gravity- along the southwestern margin of the ADDRESSES: Public comments will be flow trench for transport to the east lake to the existing processing facility. accepted at the scoping meetings or may ponds in the Bear River Bay. GSL Minerals will also increase SOP be mailed to Mr. Jason Gipson, Nevada- Additionally under the 2007 proposal, production by constructing an SOP Utah Regulatory Branch, 533 West 2600 an 8,000-acre pond would be processing plant within the U.S. South, Suite 150, Bountiful, Utah 84010, constructed on the east side of the Great Magnesium pond area (Figure 4). or e-mailed to: Salt Lake in the Bear River Bay. Brine The proposed project habitat areas [email protected]. All would be pumped to and from the new include saline open water, sporadically comments must be received on or before pond with existing pump stations; inundated playa lakebed, seasonally July 9, 2009. however, the capacity of these pump flooded playa, saline wetlands, potential FOR FURTHER INFORMATION CONTACT: stations would be increased freshwater springs, rip-rapped dikes and Questions about the proposed action proportional to the new pond acreage. sandy upland habitats. These areas are and the DEIS should be directed to the Additional feed brine for this new pond located adjacent and to the north of the Corps project manager, Mr. Jason would come from the North Arm of the existing evaporation pond facilities. The Gipson at 801–295–8380 x14, or e-mail Great Salt Lake (Gunnison Bay), flowing Corps verified a jurisdictional wetland at [email protected]. through existing east side ponds. delineation for the 2007 proposed Please refer to identification number Under the 2007 proposal, dikes would project on October 10, 2007, which 200700121. be built to accommodate the pond identified approximately 34,180.08 expansion and impound the waters of acres of waters of the U.S., including SUPPLEMENTARY INFORMATION: Great Salt the respective areas. On the east side of 21.4 acres of saline wet meadow Lake Minerals Corporation (GSL the lake, approximately 540,000 cubic wetlands, 1,102.94 acres of seasonally Minerals) currently operates yards of fill would be discharged into inundated playa above the high water approximately 47,000 acres of Bear River Bay to create the dikes. On mark of the western side of the Great evaporative ponds located on the east the west side, approximately 900,000 Salt Lake and 33,055.74 acres of and west shores of the Great Salt Lake. cubic yards of fill would be discharged seasonally or sporadically inundated A 25,000-acre evaporation facility is into open water in the vicinity of playa lake bed below the high water located on the west shore of the North Clyman Bay to create dikes. mark of the Lake. A delineation of Arm of the Great Salt Lake and a 22,000- The 2009 revised project proposes to: waters of the U.S. has not been acre evaporation facility is located on (1) Retain the proposed construction of completed or verified for the additional the east shore of the Bear River Bay. The an 8,000-acre pond in Bear River Bay, areas proposed under the 2009 revised existing solar evaporation pond (2) decrease the previously proposed application. However, it is estimated the facilities are located within the Great 8,000 acre pond on the west shore of the additional 50,000 acres are all located Salt Lake, i.e., the ponds are located lake along the north side of the railroad within the ordinary high water mark of below 4205 feet mean sea level, which causeway to 6,000 acres, (3) increase the the Great Salt Lake, resulting in the is below the high water mark of the 18,000-acre pond to 23,000 acres, (4) same acreage of additional impacts to Great Salt Lake. The company draws add an additional 2,000-acre pond west waters of the U.S. The proposed project naturally occurring brine from the lake of the above described 6,000-acre pond would result in approximately 80,000 into shallow ponds and allows solar along the north side of the railroad acres of permanent adverse impacts to evaporation to produce sulfate of causeway, (5) add a 14,000-acre pond on waters. potash, as well as salt and magnesium the south side of the railroad causeway, The applicant has not proposed chloride minerals. Sulfate of potash is a and (6) add an additional 38,000-acre compensatory mitigation for project specialty fertilizer that improves the pond in the Dolphin Island area of the impacts. The determination of yield and quality of high-value crops lake. On the east side of the lake, appropriate compensatory mitigation such as fruits, vegetables, tea, tree nuts approximately 540,000 cubic yards of will be determined through public and turf grasses. The GSL Minerals fill would be discharged into Bear River scoping and impact analysis of the EIS facility has operated on the lake for 40 Bay to create the dikes. On the west process. years. side, approximately 4.7 million cubic The proposed project will not affect The applicant originally proposed in yards of fill would be discharged into any federally-listed threatened or late 2007 to construct three additional open water in the vicinity of Clyman endangered species, however, it may solar evaporation ponds totaling Bay to create dikes. affect state-listed special status species. approximately 33,000 acres. The 2007 The total 83,000-acre West Pond Once a habitat assessment of the areas proposed project included adding two Expansion (including Lakeside Lease has been completed, the Corps will new solar ponds to the existing west areas) would increase the concentration consult with state and Federal wildlife side complex, an 18,000-acre Dolphin of brine transferred to an existing agencies. The Corps will also consult Island expansion pond and a 7,000-acre gravity-flow trench (Behrens Trench) for with the State Historic Preservation pond at the southern end of Clyman Bay transport to the GSL Minerals east solar Officer under Section 106 of the between the Union Pacific Railway and evaporation ponds in the Bear River Bay National Historic Preservation Act for several existing ponds. A new feed (Figures 1, 2 and 3). Ultimately as part properties listed or potentially eligible

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for listing on the National Register of AGENDA: The Commission will hold a should be made in writing to the chief Historic Places, as appropriate. public meeting to consider election official of the individual State A number of on-site and off-site administrative matters. The Commission at the address listed below. alternatives, including the no action will receive an update on guidance to SUPPLEMENTARY INFORMATION: On March alternative, will be evaluated in the the States regarding 2009 requirements 24, 2004, the U.S. Election Assistance DEIS in accordance with NEPA and the payments. The Commission will Commission published in the Federal Section 404(b)(1) guidelines. consider a report to Congress on the Register the original HAVA State plans As part of the Corps 404 permitting Election Data Collection Grants. The filed by the fifty States, the District of process, pre-application interagency Commission will discuss a report to Columbia and the Territories of meetings have been held to provide Congress on the Impact of the National American Samoa, Guam, Puerto Rico, information and identify issues and Voter Registration Act. The Commission and the U.S. Virgin Islands. 69 FR concerns. In addition, meetings have will discuss the 2010 Election Day 14002. HAVA anticipated that States, been held with local environmental Survey. Members of the public may Territories and the District of Columbia organizations for the same purposes. observe but not participate in EAC would change or update their plans Preliminary issues identified as part of meetings unless this notice provides from time to time pursuant to HAVA this process include: Water quality, otherwise. heavy metals, nutrient loading, fresh Members of the public may use small section 254(a)(11) through (13). HAVA water exchange, changes in salinity, and electronic audio recording devices to sections 254(a)(11)(A) and 255 require brine shrimp habitat, economic issues record the proceedings. The use of other EAC to publish such updates. This is and cultural resources. Additionally, recording equipment and cameras Illinois’ third revision to its State plan. potential avian impacts were identified requires advance notice to and The revised State plan from Illinois to waterfowl, shorebirds, and raptors coordination with the Commission’s addresses changes in the respective including the American white pelican, Communications Office.* budgets of the previously submitted snowy plover, Canada goose, and others. * View EAC Regulations State plans and accounts for the use of The above determinations are based Implementing Government in the Fiscal Year 2008 requirements on information provided by the Sunshine Act. payments. In accordance with HAVA applicant and upon the Corps’ This Meeting Will be Open to the section 254(a)(12), all the State plans preliminary review. The Corps is Public. submitted for publication provide soliciting verbal and written comments PERSON TO CONTACT FOR INFORMATION: information on how the respective State from the public, Federal, state and local Bryan Whitener, Telephone: (202) 566– succeeded in carrying out its previous agencies and officials, Native American 3100. State plan. The States all confirm that tribes, and other interested parties in these changes to their respective State order to consider and evaluate the Alice Miller, plans were developed and submitted to impacts of this proposed activity. The Chief Operating Officer, U.S. Election public comment in accordance with Corps’ public involvement program Assistance Commission. HAVA sections 254(a)(11), 255, and 256. includes multiple opportunities for [FR Doc. E9–13647 Filed 6–8–09; 11:15 am] Upon the expiration of thirty days interested parties to provide written and BILLING CODE 6820–KF–P oral comments. Affected Federal, state, from June 10, 2009, the State is eligible local agencies, Indian tribes, and other to implement the changes addressed in interested private organizations and the U.S. ELECTION ASSISTANCE the plan that is published herein, in general public are invited to participate. COMMISSION accordance with HAVA section 254(a)(11)(C). Brenda S. Bowen, Publication of State Plan Pursuant to EAC wishes to acknowledge the effort Army Federal Register Liaison Officer. the Help America Vote Act that went into revising this State plan [FR Doc. E9–13437 Filed 6–9–09; 8:45 am] AGENCY: U.S. Election Assistance and encourages further public comment, BILLING CODE 3720–58–P Commission (EAC). in writing, to the State election official ACTION: Notice. listed below. Chief State Election Official U.S. ELECTION ASSISTANCE SUMMARY: Pursuant to sections COMMISSION 254(a)(11)(A) and 255(b) of the Help Mr. Daniel White, Executive Director, America Vote Act (HAVA), Public Law Sunshine Act Notice Illinois State Board of Elections, 1020 S. 107–252, the U.S. Election Assistance Spring Street, Springfield, Illinois AGENCY: U.S. Election Assistance Commission (EAC) hereby causes to be 62704, Phone: (217) 782–4141, Fax: Commission. published in the Federal Register (217) 782–5959. ACTION: Notice of public meeting changes to the HAVA State plan previously submitted by Illinois. Thank you for your interest in agenda. improving the voting process in DATES: This notice is effective upon America. DATE & TIME: Wednesday, June 17, 2009; publication in the Federal Register. 1 p.m.–4 p.m. EDT. FOR FURTHER INFORMATION CONTACT: Dated: June 4, 2009. PLACE: U.S. Election Assistance Bryan Whitener, Telephone 202–566– Thomas R. Wilkey, Commission, 1225 New York Ave, NW., 3100 or 1–866–747–1471 (toll-free). Executive Director, U.S. Election Assistance Suite 150, Washington, DC 20005 Submit Comments: Any comments Commission. (Metro Stop: Metro Center). regarding the plans published herewith BILLING CODE 6820–KF–P

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[FR Doc. E9–13608 Filed 6–9–09; 8:45 am] BILLING CODE 6820–KF–C

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DEPARTMENT OF ENERGY public comment will be provided a electronically do not need to make a maximum of five minutes to present paper filing. Documents filed Environmental Management Site- their comments. electronically via the Internet must be Specific Advisory Board, Nevada Minutes: Minutes will be available by prepared in an acceptable filing format writing to Denise Rupp at the address and in compliance with the Federal AGENCY: Department of Energy. listed above or at the following Web Energy Regulatory Commission ACTION: Notice of open meeting. site: http://www.ntscab.com/ submission guidelines. Complete filing MeetingMinutes.htm. instructions and acceptable filing SUMMARY: This notice announces a meeting of the Environmental Issued at Washington, DC on June 4, 2009. formats are available at http:// www.ferc.gov/help/submission-guide/ Management Site-Specific Advisory Rachel Samuel, electronic-media.asp. To file the Board (EM SSAB), Nevada Test Site. Deputy Committee Management Officer. document electronically, access the The Federal Advisory Committee Act [FR Doc. E9–13584 Filed 6–9–09; 8:45 am] Commission’s Web site and click on (Pub. L. No. 92–463, 86 Stat. 770) BILLING CODE 6450–01–P Documents & Filing, E–Filing (http:// requires that public notice of this www.ferc.gov/docs-filing/efiling.asp), meeting be announced in the Federal and then follow the instructions for Register. DEPARTMENT OF ENERGY each screen. First-time users will have DATES: Wednesday, July 8, 2009; 5 p.m. Federal Energy Regulatory to establish a user name and password. ADDRESSES: Atomic Testing Museum, Commission The Commission will send an automatic 755 East Flamingo Road, Las Vegas, NV acknowledgement to the sender’s e-mail 89119. [Docket No. IC09–915–001] address upon receipt of comments. For paper filings, an original and 2 FOR FURTHER INFORMATION CONTACT: Commission Information Collection Denise Rupp, Board Administrator, 232 copies of the comments should be Activities (FERC–915); Comment submitted to the Federal Energy Energy Way, M/S 505, North Las Vegas, Request; Submitted for OMB Review Nevada 89030. Phone: (702) 657–9088; Regulatory Commission, Secretary of the Commission, 888 First Street, NE., Fax: (702) 295–5300 or E-mail: June 3, 2009. Washington, DC 20426, and should refer [email protected]. AGENCY: Federal Energy Regulatory to Docket No. IC09–915–001. SUPPLEMENTARY INFORMATION: Commission, Department of Energy. All comments may be viewed, printed Purpose of the Board: The purpose of ACTION: Notice. or downloaded remotely via the Internet the Board is to make recommendations SUMMARY: In compliance with the through FERC’s homepage using the to DOE in the areas of environmental requirements of section 3507 of the ‘‘eLibrary’’ link. For user assistance, restoration, waste management, and Paperwork Reduction Act of 1995, 44 contact [email protected] or related activities. U.S.C. 3507, the Federal Energy toll-free at (866) 208–3676 or for TTY, Tentative Agenda Regulatory Commission (Commission or contact (202) 502–8659. FOR FURTHER INFORMATION CONTACT: 1. Presentation: Underground Test Area FERC) has submitted the information collection described below to the Office Ellen Brown may be reached by Sub-Project telephone at (202) 502–8663, by fax at 2. Presentation: Soils Sub-Project of Management and Budget (OMB) for review of the information collection (202) 273–0873, and by e-mail at 3. Sub-Committee Reports [email protected]. A. Membership Committee requirements. Any interested person B. Outreach Committee may file comments directly with OMB SUPPLEMENTARY INFORMATION: FERC is C. Transportation/Waste Committee and should address a copy of those requesting comments on the record 1 D. Underground Test Area Committee comments to the Commission as retention requirement FERC–915, Public Participation: The EM SSAB, explained below. The Commission ‘‘Public Utility Market-Based Rate Nevada Test Site, welcomes the received no comments in response to Authorization Holders—Records attendance of the public at its advisory the Federal Register notice (74FR Retention Requirement,’’ OMB Control committee meetings and will make 15474, 4/6/2009) and has made this No. 1902–0223. every effort to accommodate persons notation in its submission to OMB. In accordance with the Federal Power with physical disabilities or special DATES: Comments on the collection of Act, the Department of Energy needs. If you require special information are due by July 10, 2009. Organization Act (DOE Act), and the Energy Policy Act of 2005 (EPAct 2005), accommodations due to a disability, ADDRESSES: Address comments on the the Commission regulates the please contact Denise Rupp at least collection of information to the Office of transmission and wholesale sales of seven days in advance of the meeting at Management and Budget, Office of electricity in interstate commerce, the phone number listed above. Written Information and Regulatory Affairs, monitors and investigates energy statements may be filed with the Board Attention: Federal Energy Regulatory markets, uses civil penalties and other either before or after the meeting. Commission Desk Officer. Comments to means against energy organizations and Individuals who wish to make oral OMB should be filed electronically, c/o individuals who violate FERC rules in presentations pertaining to agenda items [email protected] and the energy markets, and administers should contact Denise Rupp at the include OMB Control Number 1902– accounting and financial reporting telephone number listed above. The 0223 as a point of reference. The Desk regulations and oversees conduct of request must be received five days prior Officer may be reached by telephone at regulated companies. to the meeting and reasonable provision 202–395–4638. The Commission imposes the FERC– will be made to include the presentation A copy of the comments should also 915 record retention requirement, in 18 in the agenda. The Deputy Designated be sent to the Federal Energy Regulatory CFR 35.41(d), on applicable sellers to Federal Officer is empowered to Commission and should refer to Docket conduct the meeting in a fashion that No. IC09–915–001. Comments may be 1 The FERC–915 requirements (formerly labeled will facilitate the orderly conduct of filed either electronically or in paper ‘‘FERC–915(516)’’) are contained in 18 CFR business. Individuals wishing to make format. Those persons filing 35.41(d).

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retain, for a period of five years, all data possible wrongdoing and related to or other rules, regulations, or orders to and information upon which they bill assuring compliance with the codes of which the price data may be relevant. the prices charged for ‘‘electric energy conduct and the integrity of the market. Action: FERC is requesting a three- or electric energy products it sold The requirement is necessary to ensure year extension of the current expiration consistency with the rule prohibiting pursuant to Seller’s market-based rate date for the FERC–915,1 with no tariff, and the prices it reported for use market manipulation (adopted in Order changes to the requirements. in price indices.’’ No. 670) and the generally applicable The record retention period of five five-year statute of limitations where the Burden Statement: Public reporting years is necessary due to the importance Commission seeks civil penalties for burden for this collection is estimated of records related to any investigation of violations of the anti-manipulation rules at:

Number of Number of Average FERC requirements respondents responses per burden hours Total annual annually respondent per response burden hours

(1) (2) (3) (1)×(2)×(3)

FERC–915 ...... 1,150 1 1 1,150

The estimated total annual cost to the proposed collection of information, received no comments in response to respondents includes hours for labor including the validity of the the Federal Register notice (74FR (1,150 hrs. at $17 per hour, for a labor methodology and assumptions used; (3) 15471, 4/6/2009) and has made this cost of $19,550) and storage costs (using ways to enhance the quality, utility and notation in its submission to OMB. an estimated 65,000 cu. ft of records in clarity of the information to be DATES: Comments on the collection of off-site storage, for a total storage cost of collected; and (4) ways to minimize the information are due by July 10, 2009. $419,858). The total annual cost (labor burden of the collection of information ADDRESSES: Address comments on the plus off-site storage) is $439,408; the on those who are to respond, including collection of information to the Office of total annual cost per respondent is $382. the use of appropriate automated, Management and Budget, Office of The reporting burden includes the electronic, mechanical, or other Information and Regulatory Affairs, total time, effort, or financial resources technological collection techniques or Attention: Federal Energy Regulatory expended to generate, maintain, retain, other forms of information technology, Commission Desk Officer. Comments to disclose, or provide the information e.g., permitting electronic submission of OMB should be filed electronically, c/o including: (1) Reviewing instructions; responses. [email protected] and (2) developing, acquiring, installing, and Kimberly D. Bose, include OMB Control Number 1902– utilizing technology and systems for the 0224 as a point of reference. The Desk purposes of collecting, validating, Secretary. [FR Doc. E9–13541 Filed 6–9–09; 8:45 am] Officer may be reached by telephone at verifying, processing, maintaining, 202–395–4638. disclosing and providing information; BILLING CODE 6717–01–P A copy of the comments should also (3) adjusting the existing ways to be sent to the Federal Energy Regulatory comply with any previously applicable DEPARTMENT OF ENERGY Commission and should refer to Docket instructions and requirements; (4) No. IC09–916–001. Comments may be training personnel to respond to a Federal Energy Regulatory filed either electronically or in paper collection of information; (5) searching Commission format. Those persons filing data sources; (6) completing and electronically do not need to make a reviewing the collection of information; [Docket No. IC09–916–001] paper filing. Documents filed and (7) transmitting, or otherwise electronically via the Internet must be disclosing the information. Commission Information Collection Activities (FERC–916); Comment prepared in an acceptable filing format The estimate of cost for respondents Request; Submitted for OMB Review and in compliance with the Federal is based upon salaries for professional Energy Regulatory Commission and clerical support, as well as direct June 3, 2009. submission guidelines. Complete filing and indirect overhead costs. Direct costs AGENCY: Federal Energy Regulatory instructions and acceptable filing include all costs directly attributable to Commission, Energy. formats are available at http:// providing this information, such as ACTION: Notice. www.ferc.gov/help/submission-guide/ administrative costs and the cost for electronic-media.asp. To file the information technology. Indirect or SUMMARY: In compliance with the document electronically, access the overhead costs are costs incurred by an requirements of section 3507 of the Commission’s Web site and click on organization in support of its mission. Paperwork Reduction Act of 1995, 44 Documents & Filing, E–Filing (http:// These costs apply to activities which USC 3507, the Federal Energy www.ferc.gov/docs-filing/efiling.asp), benefit the whole organization rather Regulatory Commission (Commission or and then follow the instructions for than any one particular function or FERC) has submitted the information each screen. First time users will have activity. collection described below to the Office to establish a user name and password. Comments are invited on: (1) Whether of Management and Budget (OMB) for The Commission will send an automatic the proposed collection of information review of the information collection acknowledgement to the sender’s e-mail is necessary for the proper performance requirements. Any interested person address upon receipt of comments. of the functions of the Commission, may file comments directly with OMB For paper filings, an original and 2 including whether the information will and should address a copy of those copies of the comments should be have practical utility; (2) the accuracy of comments to the Commission as submitted to the Federal Energy the agency’s estimate of the burden of explained below. The Commission Regulatory Commission, Secretary of the

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Commission, 888 First Street, NE., The Commission’s regulations at 18 consistency with the rule prohibiting Washington, DC 20426, and should refer CFR 284.288 and 284.403 provide that market manipulation (regulations to Docket No. IC09–916–001. applicable sellers of natural gas adhere adopted in Order No. 670, All comments may be viewed, printed to a code of conduct when making gas implementing the EPAct 2005 anti- or downloaded remotely via the Internet sales in order to protect the integrity of manipulation provisions) 2 and the through FERC’s homepage using the the market. The Commission imposes generally applicable five-year statute of ‘‘eLibrary’’ link. For user assistance, the FERC–916 record retention limitations where the Commission seeks contact [email protected] or requirement on applicable sellers to civil penalties for violations of the anti- toll-free at (866) 208–3676 or for TTY, ‘‘retain, for a period of five years, all manipulation rules or other rules, contact (202) 502–8659. data and information upon which it regulations, or orders to which the price FOR FURTHER INFORMATION CONTACT: billed the prices it charged for natural data may be relevant. gas it sold pursuant to its market based Ellen Brown may be reached by Failure to have this information telephone at (202) 502–8663, by fax at sales certificate or the prices it reported available would mean the Commission (202) 273–0873, and by e-mail at for use in price indices.’’ FERC uses the is unable to perform its regulatory [email protected]. FERC–916 records to monitor the functions and to monitor and evaluate jurisdictional transportation activities SUPPLEMENTARY INFORMATION: The transactions and operations of interstate Commission is requesting comments on and unbundled sales activities of interstate natural gas pipelines and pipelines and blanket marketing the record retention requirements of certificate holders. FERC–916,1 ‘‘Record Retention blanket marketing certificate holders. Action: The Commission is requesting Requirements for Pipelines Providing The record retention period of five Unbundled Sales Service, and Persons years is necessary due to the importance a three-year extension of the current Holding Blanket Marketing of records related to any investigation of expiration date for the FERC–916, with Certificates,’’ OMB Control No. 1902– possible wrongdoing and related to no changes to the requirements. 0224. The FERC–916 record retention assuring compliance with the codes of Burden Statement: Public reporting requirements are contained in 18 CFR conduct and the integrity of the market. burden for this collection is estimated 284.288(b) and 284.403(b). The requirement is necessary to ensure at:

Number of Number of Average FERC respondents responses per burden hours Total annual burden requirements annually respondent per response hours

(1) (2) (3) (1) × (2) × (3)

FERC–916 ...... 222 1 1 222

The estimated total annual cost to The estimate of cost for respondents are to respond, including the use of respondents includes hours for labor is based upon salaries for professional appropriate automated, electronic, (222 hrs. at $17 per hour, for a labor cost and clerical support, as well as direct mechanical, or other technological of $3,774) and record storage costs and indirect overhead costs. Direct costs collection techniques or other forms of (using an estimated 12,548 cu. ft of include all costs directly attributable to information technology, e.g., permitting records in off-site storage, for a total providing this information, such as electronic submission of responses. record storage cost of $81,051). The total administrative costs and the cost for Kimberly D. Bose, annual cost (labor plus off-site record information technology. Indirect or storage) is $84,825; the total annual cost overhead costs are costs incurred by an Secretary. per respondent is $382. organization in support of its mission. [FR Doc. E9–13542 Filed 6–9–09; 8:45 am] The reporting burden includes the These costs apply to activities which BILLING CODE 6717–01–P total time, effort, or financial resources benefit the whole organization rather expended to generate, maintain, retain, than any one particular function or DEPARTMENT OF ENERGY disclose, or provide the information activity. including: (1) Reviewing instructions; Comments are invited on: (1) Whether Federal Energy Regulatory (2) developing, acquiring, installing, and the proposed collections of information Commission utilizing technology and systems for the are necessary for the proper purposes of collecting, validating, performance of the functions of the [Docket No. IC09–914–001] verifying, processing, maintaining, Commission, including whether the disclosing and providing information; information will have practical utility; Commission Information Collection (3) adjusting the existing ways to (2) the accuracy of the agency’s Activities (FERC–914); Comment comply with any previously applicable estimates of the burden of the proposed Request; Submitted for OMB Review instructions and requirements; (4) collections of information, including the June 3, 2009. training personnel to respond to a validity of the methodology and AGENCY: Federal Energy Regulatory collection of information; (5) searching assumptions used; (3) ways to enhance Commission, Energy. data sources; (6) completing and the quality, utility and clarity of the ACTION: Notice. reviewing the collection of information; information to be collected; and (4) and (7) transmitting, or otherwise ways to minimize the burden of the SUMMARY: In compliance with the disclosing the information. collection of information on those who requirements of section 3507 of the

1 FERC–916 was formerly called ‘‘FERC– 1902–0086). FERC has decided not to consolidate 2 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (2006). 916(549),’’ with the intent of consolidating the the FERC–916 into the FERC–549, so this Notice FERC–916 into the FERC–549 (OMB Control No. deals only with the FERC–916 requirements.

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Paperwork Reduction Act of 1995, 44 All comments may be viewed, printed FERC and the public of any changes to U.S.C. 3507, the Federal Energy or downloaded remotely via the Internet its jurisdictional rates and tariffs, file Regulatory Commission (Commission or through FERC’s homepage using the such changes with FERC, and make FERC) has submitted the information ‘‘eLibrary’’ link. For user assistance, them available for public inspection, in collection described below to the Office contact [email protected] or such manner as directed by the of Management and Budget (OMB) for toll-free at (866) 208–3676 or for TTY, Commission. In addition, FPA section review of the information collection contact (202) 502–8659. 206 requires FERC, upon complaint or requirements. Any interested person FOR FURTHER INFORMATION CONTACT: its own motion, to modify existing rates may file comments directly with OMB Ellen Brown may be reached by or services that are found to be unjust, and should address a copy of those telephone at (202)502–8663, by fax at unreasonable, unduly discriminatory or comments to the Commission as (202)273–0873, and by e-mail at preferential. FPA section 207 further explained below. The Commission [email protected]. requires the Commission upon received no comments in response to SUPPLEMENTARY INFORMATION: FERC is complaint by a State commission and a the Federal Register notice (74FR requesting comments on the FERC– finding of insufficient interstate service, 15472, 4/6/2009) and has made this 914,1 ‘‘Cogeneration and Small Power to order the rendering of adequate notation in its submission to OMB. Production—Tariff Filings,’’ OMB interstate service by public utilities, the DATES: Comments on the collection of Control No. 1902–0231. The information rates for which would be filed in information are due by July 10, 2009. filed in FERC–914 enables the accordance with FPA sections 205 and ADDRESSES: Address comments on the Commission to exercise its wholesale 206. collection of information to the Office of electric rate and electric power FERC implemented the Congressional Management and Budget, Office of transmission oversight and enforcement mandate of EPAct 2005 to establish Information and Regulatory Affairs, responsibilities in accordance with the criteria for new qualifying cogeneration Attention: Federal Energy Regulatory Federal Power Act, the Department of facilities by: (1) Amending the Commission Desk Officer. Comments to Energy Organization Act (DOE Act) and exemptions available to qualifying OMB should be filed electronically, c/o EPAct 2005. facilities from the FPA and from [email protected] and 2 In Orders 671 and 671–A, the PUHCA [resulting in the burden include OMB Control Number 1902– Commission revised its regulations that imposed by FERC–914, the subject of 0231 as a point of reference. The Desk govern qualifying small power this Notice]; (2) ensuring that these Officer may be reached by telephone at production and cogeneration facilities. facilities are using their thermal output 202–395–4638. Among other things, the Commission in a productive and beneficial manner; A copy of the comments should also eliminated certain exemptions from rate be sent to the Federal Energy Regulatory that the electrical, thermal, chemical regulation that were previously and mechanical output of new Commission and should refer to Docket available to qualifying facilities (QFs). No. IC09–914–001. Comments may be qualifying cogeneration facilities is used New qualifying facilities may need to fundamentally for industrial, filed either electronically or in paper make tariff filings if they do not meet format. Those persons filing commercial, residential or industrial the new exemption requirements of 18 purposes; and there is a continuing electronically do not need to make a CFR Part 292. progress in the development of efficient paper filing. Documents filed Section 205(c) of the FPA requires electric energy generating technology; electronically via the Internet must be that every public utility have all of its 3 prepared in an acceptable filing format jurisdictional rates and tariffs on file (3) amending the FERC Form 556 to and in compliance with the Federal with the Commission and make them reflect the criteria for new qualifying Energy Regulatory Commission available for public inspection, within cogeneration facilities; and (4) submission guidelines. Complete filing such time and in such form as the eliminating ownership limitations for instructions and acceptable filing Commission may designate. Section qualifying cogeneration and small formats are available at http:// 205(d) of the FPA requires that every power production facilities. FERC www.ferc.gov/help/submission-guide/ public utility must provide notice to satisfied the statutory mandate and its electronic-media.asp. To file the continuing obligation to review its document electronically, access the 1 Normally, these requirements and burden would policies encouraging cogeneration and Commission’s Web site and click on be included in FERC–516, ‘‘Electric Rate Schedule small power production, energy Filings’’ (OMB Control No.1902–0096). However, Documents & Filing, E–Filing (http:// conservation, efficient use of facilities FERC–516 is currently the subject of OMB review, and resources by electric utilities and www.ferc.gov/docs-filing/efiling.asp), so the Commission will continue to track these and then follow the instructions for requirements (and the related burden hours) equitable rates for energy customers. each screen. First time users will have separately under FERC–914 [formerly labeled Action: The Commission is requesting ‘‘FERC–914(516)’’]. FERC–914 covers the tariff to establish a user name and password. filing requirements under 18 CFR Part 35 for those a three-year extension of the current The Commission will send an automatic qualifying facilities that do not meet the exemption expiration date for the FERC–914,1 with acknowledgement to the sender’s e-mail requirements in 18 CFR Part 292. In the future, no changes to the reporting address upon receipt of comments. FERC plans to incorporate the FERC–914 reporting requirements. requirements and related burden into the FERC– For paper filings, an original and 2 516. Burden Statement: Public reporting copies of the comments should be 2 Revised Regulations Governing Small Power burden for this collection is estimated submitted to the Federal Energy Production and Cogeneration Facilities, Order No. at: Regulatory Commission, Secretary of the 671, 71 FR 7852 (Feb. 15, 2006), FERC Stats. & Regs. ¶ 31,203 (2006); and Revised Regulations Governing 3 The FERC–556 is cleared separately as OMB Commission, 888 First Street, NE., Small Power Production and Cogeneration Washington, DC 20426, and should refer Facilities, Order 671–A, 71 FR 30585 (May 30, Control No. 1902–0075 and is not a subject of this to Docket No. IC09–914–001. 2006), in Docket No. RM05–36. Notice.

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Number of Number of Average Total annual FERC Data collection—FERC–914 respondents responses per burden hours burden hours annually respondent per response

(1) (2) (3) (1) × (2) × (3)

FPA Section 205 filings ...... 100 1 183 18,300 Electric quarterly reports (initial) ...... 100 1 230 23,000 Electric quarterly reports (later) ...... 100 3 6 1,800 Change of status ...... 100 1 3 300

Total ...... 43,400

The estimated total annual cost to validity of the methodology and LLC, 801 Oakland Avenue, Joliet, IL respondents is $2,676,966.10 [43,400 assumptions used; (3) ways to enhance 60435, (312) 320–1610. hours divided by 2,080 hours 4 per year, the quality, utility and clarity of the i. FERC Contact: Dr. Nicholas Palso, times $128,297 5 equals $2,676,966.10]. information to be collected; and (4) (202) 502–8854. The cost per respondent is $26,769.66. ways to minimize the burden of the j. Cooperating Agencies: Federal, The estimated burden covers the collection of information on those who State, local, and tribal agencies with qualifying facilities required to file are to respond, including the use of jurisdiction and/or special expertise electric quarterly reports, change of appropriate automated, electronic, with respect to environmental issues status filings, and tariff filings to comply mechanical, or other technological that wish to cooperate in the with section 205 of the Federal Power collection techniques or other forms of preparation of the environmental Act (FPA). information technology, e.g. permitting document should follow the The reporting burden includes the electronic submission of responses. instructions for filing such requests total time, effort, or financial resources described in item l below. Cooperating expended to generate, maintain, retain, Kimberly D. Bose, agencies should note the Commission’s disclose, or provide the information Secretary. policy that agencies that cooperate in including: (1) Reviewing instructions; [FR Doc. E9–13540 Filed 6–9–09; 8:45 am] the preparation of the environmental (2) developing, acquiring, installing, and BILLING CODE 6717–01–P document cannot also intervene. See, 94 utilizing technology and systems for the FERC ¶ 61,076 (2001). purposes of collecting, validating, k. Pursuant to Section 4.32(b)(7) of 18 verifying, processing, maintaining, DEPARTMENT OF ENERGY CFR of the Commission’s regulations, if disclosing and providing information; any resource agency, Indian Tribe, or (3) adjusting the existing ways to Federal Energy Regulatory person believes that an additional comply with any previously applicable Commission scientific study should be conducted in instructions and requirements; (4) [Project No. 12717–002] order to form an adequate factual basis training personnel to respond to a for a complete analysis of the collection of information; (5) searching Northern Illinois Hydropower, LLC; application on its merit, the resource data sources; (6) completing and Notice of Application Tendered for agency, Indian Tribe, or person must file reviewing the collection of information; Filing with the Commission, Soliciting a request for a study with the and (7) transmitting, or otherwise Additional Study Requests, Commission not later than 60 days after disclosing the information. Establishing Procedural Schedule for the application is filed, and serve a copy The estimate of cost for respondents Licensing, and Deadline for of the request on the applicant. is based upon salaries for professional Submission of Final Amendments l. Deadline for filing additional study and clerical support, as well as direct requests and requests for cooperating and indirect overhead costs. Direct costs June 3, 2009. agency status: July 27, 2009. include all costs directly attributable to Take notice that the following All documents (original and eight providing this information, such as hydroelectric application has been filed copies) should be filed with: Kimberly administrative costs and the cost for with the Commission and is available D. Bose, Secretary, Federal Energy information technology. Indirect or for public inspection. Regulatory Commission, 888 First overhead costs are costs incurred by an a. Type of Application: Original Street, NE., Washington, DC 20426. organization in support of its mission. License. Additional study requests and These costs apply to activities which b. Project No.: P–12717–002. requests for cooperating agency status benefit the whole organization rather c. Date Filed: May 27, 2009. may be filed electronically via the than any one particular function or d. Applicant: Northern Illinois internet in lieu of paper. The activity. Hydropower, LLC. Commission strongly encourages Comments are invited on: (1) Whether e. Name of Project: Brandon Road electronic filings. See 18 CFR the proposed collections of information Hydropower Project. 385.2001(a)(1)(iii) and the instructions are necessary for the proper f. Location: U.S. Army Corps of on the Commission’s Web site at performance of the functions of the Engineers Brandon Road Lock and Dam (http://www.ferc.gov) under the Commission, including whether the on the Illinois River, in the City of Joliet, ‘‘eFiling’’ link. For a simpler method of information will have practical utility; Will County, Illinois. The project will submitting text only comments, click on (2) the accuracy of the agency’s occupy approximately 1.6 acres of ‘‘Quick Comment.’’ estimates of the burden of the proposed federal land. m. This application is not ready for collections of information, including the g. Filed Pursuant to: Federal Power environmental analysis at this time. Act 16 U.S.C. 791 (a)–825(r). n. Description of Project: The Brandon 4 Number of hours an employee works each year. h. Applicant Contact: Damon Road Project would utilize the Corps of 5 Average annual salary per employee. Zdunich, Northern Illinois Hydropower, Engineer’s existing Brandon Road Dam

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and reservoir and would consist of: (1) Final amendments to the application 385.2001(a)(1)(iii) and the instructions A new 90-foot by 118-foot concrete must be filed with the Commission no on the Commission’s Web site at http:// powerhouse located between headgate later than 30 days from the issuance www.ferc.gov under the ‘‘e-Filing link. sections 1 through 4 immediately below date of the notice of ready for Please include the docket number the existing dam containing two S–Type environmental analysis. (DI09–9–000) on any comments, turbine generator units with a combined protests, and/or motions filed. installed capacity of 10.2 MW; (2) a new Kimberly D. Bose, k. Description of Project: The 50-foot by 50-foot switchyard adjacent Secretary. proposed Connelly Lake Hydropower to the west of the powerhouse; and (3) [FR Doc. E9–13536 Filed 6–9–09; 8:45 am] Project will include: (1) A 48-foot-high, a new 34.5-kilovolt, 1-mile-long BILLING CODE 6717–01–P 100-foot-wide rock-filled dam; (2) a lake transmission line; and (4) appurtenant with a storage capacity of 4,700 acre- facilities. The project would have an feet; (3) a 6,188-foot-long, 30-inch- average annual generation of about DEPARTMENT OF ENERGY diameter penstock; (4) a 40-foot-wide, 60-foot-long metal powerhouse 59,000 megawatt-hours. Federal Energy Regulatory o. A copy of the application is containing one or two turbines, with an Commission available for review at the Commission installed capacity of 6,200 kW; (5) a in the Public Reference Room or may be [Docket No. DI09–9–000] tailrace emptying into the Chilkoot viewed on the Commission’s Web site at River; (6) a 14-mile-long, 34.5 kV http://www.ferc.gov using the Alaska Power & Telephone Company; underground and overhead transmission ‘‘eLibrary’’ link. Enter the docket Notice of Declaration of Intention and line; and (7) appurtenant facilities. The number excluding the three digits in the Soliciting Comments, Protests, and/or proposed project will not be connected docket number field to access the Motions To Intervene to an interstate grid, and will not document. For assistance, please contact occupy any federal lands. June 3, 2009. When a Declaration of Intention is FERC Online Support at Take notice that the following [email protected] or toll filed with the Federal Energy Regulatory application has been filed with the Commission, the Federal Power Act free at (866) 208–3676, or for TTY, Commission and is available for public contact (202) 502–8659. A copy is also requires the Commission to investigate inspection: and determine if the interests of available for inspection and a. Application Type: Declaration of reproduction at the address in item h interstate or foreign commerce would be Intention. affected by the project. The Commission above. b. Docket No: DI09–9–000. You may also register online at http:// c. Date Filed: May 18, 2009. also determines whether or not the www.ferc.gov/docs-filing/ d. Applicant: Alaska Power & project: (1) Would be located on a esubscription.asp to be notified via e- Telephone Company. navigable waterway; (2) would occupy mail of new filings and issuances e. Name of Project: Connelly Lake or affect public lands or reservations of related to this or other pending projects. Hydroelectric Project. the United States; (3) would utilize For assistance, contact FERC Online f. Location: The proposed Connelly surplus water or water power from a Support. Lake Hydroelectric Project will be government dam; or (4) if applicable, p. With this notice, we are initiating located on an unnamed stream, has involved or would involve any consultation with the Illinois State Connelly Lake, Chilkoot River, and construction subsequent to 1935 that Historic Preservation Officer (SHPO), as Chilkoot Lake, near the towns of Haines may have increased or would increase required by section 106, National and Skagway, Haines Borough, Alaska, the project’s head or generating Historic Preservation Act, and the affecting T. 28 S, R. 57 E, secs. 23, 24, capacity, or have otherwise significantly regulations of the Advisory Council on 25, 26, 27, 34, and 35, and T. 29 S, R. modified the project’s pre-1935 design Historic Preservation, 36 CFR 800.4. 58 E, secs. 4, 9, 10, 14, 15, 22, 23, 25, or operation. q. Procedural schedule and final 26, and 36, Copper River Meridian. l. Locations of the Application: Copies amendments: The application will be g. Filed Pursuant to: Section 23(b)(1) of this filing are on file with the processed according to the following of the Federal Power Act, 16 U.S.C. Commission and are available for public Hydro Licensing Schedule. Revisions to 817(b). inspection. This filing may be viewed the schedule will be made as h. Applicant Contact: Glen D. Martin, on the Web at http://www.ferc.gov using appropriate. The Commission staff Project Manager, 193 Otto Street, P.O. the ‘‘eLibrary’’ link, select ‘‘Docket#’’ proposes to issue one environmental Box 3222, Port Townsend, WA 98368, and follow the instructions. For assessment rather than issue a draft and telephone: (360) 385–1733, x122; Fax: assistance, please contact FERC Online final EA. Comments, terms and (360) 385–7538; e-mail: http:// Support at conditions, recommendations, [email protected]. [email protected] or toll- prescriptions, and reply comments, if i. FERC Contact: Any questions on free at (866) 208–3372, or TTY, contact any, will be addressed in an EA. Staff this notice should be addressed to (202) 502–8659. intents to give at least 30 days for Henry Ecton, (202) 502–8768, or E-mail m. Individuals desiring to be included entities to comment on the EA, and will address: [email protected]. on the Commission’s mailing list should take into consideration all comments j. Deadline for filing comments, so indicate by writing to the Secretary received on the EA before final action is protests, and/or motions: July 6, 2009. of the Commission. taken on the license application. All documents (original and eight n. Comments, Protests, or Motions to Issue Acceptance or Deficiency Letter– copies) should be filed with: Secretary, Intervene—Anyone may submit June 2009 Federal Energy Regulatory Commission, comments, a protest, or a motion to Issue Scoping Document for comments– 888 First Street, NE., Washington, DC intervene in accordance with the November 2009 20426. Comments, protests, and/or requirements of Rules of Practice and Notice of application ready for interventions may be filed electronically Procedure, 18 CFR 385.210, .211, .214. environmental analysis–April 2010 via the Internet in lieu of paper. In determining the appropriate action to Notice of the availability of the EA Any questions, please contact the take, the Commission will consider all September–2010 Secretary’s Office. See, 18 CFR

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protests or other comments filed, but Lock #8 Development foot-long, 34.5 kV transmission line, and only those who file a motion to (1) An existing 530-foot-long, 14-foot- (6) appurtenant facilities. The development would have an intervene in accordance with the high bridge type dam constructed annual generation of 16.1 gigawatt- Commission’s Rules may become a primarily of steel, (2) an existing hours which would be sold to a local party to the proceeding. Any comments, reservoir having a surface area of 336 utility. protests, or motions to intervene must acres, with a storage capacity of 3,360 be received on or before the specified acre-feet and a normal water surface Lock #12 Development comment date for the particular elevation of 224 feet USGS, (3) a application. (1) An existing 460-foot-long, 11-foot- proposed intake structure, (4) two high bridge type dam constructed o. Filing and Service of Responsive proposed powerhouses containing 18 primarily of steel, (2) an existing Documents—Any filings must bear in generating units having a total installed reservoir having a surface area of 737 all capital letters the title capacity of 6 MW, (5) a proposed 1,800- acres, with a storage capacity of 7,370 ‘‘COMMENTS’’, ‘‘PROTESTS’’, AND/OR foot-long, 34.5 kV transmission line, and acre-feet and a normal water surface ‘‘MOTIONS TO INTERVENE’’, as (6) appurtenant facilities. elevation of 277 feet USGS, (3) a applicable, and the Docket Number of The development would have an proposed intake structure, (4) two the particular application to which the annual generation of 16 gigawatt-hours proposed powerhouses containing 18 filing refers. A copy of any motion to which would be sold to a local utility. generating units having a total installed intervene must also be served upon each capacity of 6 MW, (5) a proposed 400- representative of the Applicant Lock #9 Development: foot-long, 13.2 kV transmission line, and specified in the particular application. (1) An existing 530-foot-long, 15-foot- (6) appurtenant facilities. p. Agency Comments—Federal, State, high bridge type dam constructed The development would have an and local agencies are invited to file primarily of steel, (2) an existing annual generation of 11.7 gigawatt- comments on the described application. reservoir having a surface area of 428 hours which would be sold to a local A copy of the application may be acres, with a storage capacity of 4,280 utility. obtained by agencies directly from the acre-feet and a normal water surface Applicant. If an agency does not file elevation of 239 feet USGS, (3) a Lock #13 Development comments within the time specified for proposed intake structure, (4) two (1) An existing 370-foot-long, 8-foot- filing comments, it will be presumed to proposed powerhouses containing 18 high bridge type dam constructed have no comments. One copy of an generating units having a total installed primarily of steel, (2) an existing agency’s comments must also be sent to capacity of 6 MW, (5) a proposed 200- reservoir having a surface area of 464 the Applicant’s representatives. foot-long, 13.2 kV transmission line, and acres, with a storage capacity of 4,640 (6) appurtenant facilities. Kimberly D. Bose, acre-feet and a normal water surface The development would have an elevation of 285 feet USGS, (3) a Secretary. annual generation of 17.6 gigawatt- proposed intake structure, (4) a [FR Doc. E9–13546 Filed 6–9–09; 8:45 am] hours which would be sold to a local proposed powerhouse containing 9 BILLING CODE 6717–01–P utility. generating units having a total installed Lock #10 Development capacity of 3 MW, (5) a proposed 200- foot-long, 13.2 kV transmission line, and DEPARTMENT OF ENERGY (1) An existing 500-foot-long, 15-foot- (6) appurtenant facilities. high bridge type dam constructed The development would have an Federal Energy Regulatory primarily of steel, (2) an existing Commission annual generation of 7.3 gigawatt-hours reservoir having a surface area of 414 which would be sold to a local utility. acres, with a storage capacity of 4,140 [Project No. 12636–001] acre-feet and a normal water surface Lock #14 Development elevation of 254 feet USGS, (3) a (1) An existing 430-foot-long, 8-foot- Mohawk Hydro Corp.; Notice of proposed intake structure, (4) two high bridge type dam constructed Preliminary Permit Application proposed powerhouses containing 18 primarily of steel, (2) an existing Accepted for Filing and Soliciting generating units having a total installed reservoir having a surface area of 219 Comments, Motions To Intervene, and capacity of 6 MW, (5) a proposed 1,500- acres, with a storage capacity of 2,190 Competing Applications foot-long, 115 kV transmission line, and acre-feet and a normal water surface June 3, 2009. (6) appurtenant facilities. elevation of 293 feet USGS, (3) a The development would have an proposed intake structure, (4) a On May 1, 2009, Mohawk Hydro annual generation of 17.3 gigawatt- proposed powerhouse containing 9 Corporation filed an application, hours which would be sold to a local generating units having a total installed pursuant to section 4(f) of the Federal utility. capacity of 3 MW, (5) a proposed 200- Power Act, for a successive preliminary Lock #11 Development foot-long, 13.2 kV transmission line, and permit to study the feasibility of the (6) appurtenant facilities. Middle Mohawk Hydroelectric Project, (1) An existing 588-foot-long, 12-foot- The development would have an to be located on the Mohawk River, in high bridge type dam constructed annual generation of 5.8 gigawatt-hours Schenectady and Montgomery Counties, primarily of steel, (2) an existing which would be sold to a local utility. New York. reservoir having a surface area of 414 The proposed Middle Mohawk acres, with a storage capacity of 4,140 Lock #15 Development: Hydroelectric Project would be located acre-feet and a normal water surface (1) An existing 430-foot-long, 8-foot- at existing facilities that are owned by elevation of 266 feet USGS, (3) a high bridge type dam constructed the New York State Canal Corporation. proposed intake structure, (4) two primarily of steel, (2) an existing The proposed run-of-river project would proposed powerhouses containing 18 reservoir having a surface area of 578 consist of the following eight generating units having a total installed acres, with a storage capacity of 5,780 Developments: capacity of 6 MW, (5) a proposed 700- acre-feet and a normal water surface

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elevation of 293 feet USGS, (3) a DEPARTMENT OF ENERGY not serve to make protestants parties to proposed intake structure, (4) two the proceeding. Any person wishing to proposed powerhouses containing 18 Federal Energy Regulatory become a party must file a notice of generating units having a total installed Commission intervention or motion to intervene, as capacity of 6 MW, (5) a proposed 200- [Docket No. EL09–56–000] appropriate. The Respondent’s answer foot-long, 13.2 kV transmission line, and and all interventions, or protests must (6) appurtenant facilities. Notice of Complaint be filed on or before the comment date. The Respondent’s answer, motions to The development would have an June 3, 2009. intervene, and protests must be served annual generation of 5.8 gigawatt-hours People of the State of California, ex rel., on the Complainants. which would be sold to a local utility. Edmund G. Brown, Jr. Attorney General of The Commission encourages The total installed capacity for all eight the State of California, Complainant, v. electronic submission of protests and Powerex Corp. (f/k/a British Columbia Power proposed developments is 41 MW and interventions in lieu of paper using the the total annual generation is 97.6 Exchange Corp.), Sempra Energy Trading, LLC (f/k/a Sempra Energy Trading Corp.), ‘‘eFiling’’ link at http://www.ferc.gov. gigawatt-hours. Allegheny Energy Supply Company, LLC, Persons unable to file electronically Applicant Contact: Mr. James A. TransAlta Energy Marketing (US), Inc., should submit an original and 14 copies Besha, P.E., President of Albany Public Service Company of New Mexico, of the protest or intervention to the Engineering Corporation, Agent for MIECO, Inc., Shell Energy North America Federal Energy Regulatory Commission, (U.S.), L.P. (successor by merger to Coral Mohawk Hydro Corp., 5 Washington 888 First Street, NE., Washington, DC Power LLC), Merrill Lynch Capital Services, 20426. Square, Albany, NY 12205, (518) 456– TransCanada Energy Ltd. (f/k/a TransCanada 7712. This filing is accessible on-line at Power Corp.), Commerce Energy Corp. (f/k/ http://www.ferc.gov, using the a Commonwealth Energy Corp.), Nevada FERC Contact: John Ramer, (202) 502– ‘‘eLibrary’’ link and is available for 8969. Power Company, Tucson Electric Power Company, American Electric Power Service review in the Commission’s Public Deadline for filing motions to Corp., Comision Federal de Electricidad, Reference Room in Washington, DC. intervene, competing applications Sierra Pacific Power Company, Sierra Pacific There is an ‘‘eSubscription’’ link on the (without notice of intent), or notices of Industries, Avista Corp. (f/k/a Washington Web site that enables subscribers to intent to file competing applications: 60 Water Power Power Company), Avista receive e-mail notification when a Energy, Inc., Sempra Energy Solutions LLC, document is added to a subscribed days from the issuance date of this Respondents. notice. Comments, motions to intervene, docket(s). For assistance with any FERC notices of intent, and competing Notice of Complaint Online service, please e-mail [email protected], or call applications may be electronically filed Take notice that on May 22, 2009, (866) 208–3676 (toll free). For TTY, call via the Internet. See 18 CFR pursuant to section 206 of the Rules and (202) 502–8659. 385.2001(a)(1)(iii) and the instructions Practice and Procedure, 18 CFR 385.206 Comment Date: 5 p.m. Eastern Time on the Commission’s Web site under the and sections 205, 206, 306, and 309 of on August 20, 2009. ‘‘e-Filing’’ link. If unable to be filed the Federal Power Act, 16 U.S.C. 824(d), electronically, documents may be paper- 824(e), 825(e), and 825(h), the People of Kimberly D. Bose, filed. To paper-file, an original and eight the California, ex rel. Edmond G. Brown Secretary. copies should be filed to: Kimberly D. Jr., Attorney General of the State of [FR Doc. E9–13537 Filed 6–9–09; 8:45 am] Bose, Secretary, Federal Energy California (Complainant) filed a formal BILLING CODE 6717–01–P Regulatory Commission, 888 First complaint against the Respondents Street, NE., Washington, DC 20426. For alleging that the named Respondents, more information on how to submit public utility sellers of short-term DEPARTMENT OF ENERGY these types of filings please go to the bilateral energy to the California Energy Federal Energy Regulatory Commission’s Web site located at Resources Scheduling Division of the California Department of Water Commission http://www.ferc.gov/filling- Resources (CERS) during the period comments.asp. More information about [Docket No. OR09–8–000] January 18, 2001 to June 20, 2001, owe this project can be viewed or printed on refunds to California ratepayers on sales Chevron Products Company, the ‘‘e-library’’ link of the Commission’s to CERS because those sales were made Complainant, v. SFPP, L.P., Web site at http://www.ferc.gov/docs- at unjust and unreasonable prices. Respondent; Notice of Complaint filings/elibrary.asp. Enter the docket The Attorney General certifies that number (P–12636–001) in the docket copies of the complaint were served June 3, 2009. number field to access the document. upon the named Respondents or their Take notice that on May 29, 2009, For assistance, call toll free 1–866–208– authorized representatives via pursuant to Rule 206 of the Rules and 3372. individual e-mails, by e-mails to the Practice and Procedure of the Federal Docket EL00–95–000 and Docket EL02– Energy Regulatory Commission Kimberly D. Bose, 71–000 Listserv, by e-mail to the E-mail (Commission), 18 CFR 385.206, section Secretary. service list in Docket EL01–10, and by 343.2 of the Procedural Rules [FR Doc. E9–13545 Filed 6–9–09; 8:45 am] express delivery service. Applicable to Oil Pipeline Proceedings, BILLING CODE 6717–01–P Any person desiring to intervene or to 18 CFR 385.343.2, sections 1(5), 8, 9, 13, protest this filing must file in 15, and 16 of the Interstate Commerce accordance with Rules 211 and 214 of Act, 49 U.S.C. App. 1(5), 8, 9, 13, 15, the Commission’s Rules of Practice and and 16 (1988), and section 1803 of the Procedure (18 CFR 385.211, 385.214). Energy Policy Act of 1992, Chevron Protests will be considered by the Products Company (Complainant) filed Commission in determining the a formal complaint challenging the appropriate action to be taken, but will justness and reasonableness of the index

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rate increases placed into effect by the submitted for filing certain amendments DEPARTMENT OF ENERGY Respondent in its 2008 index rate filing to its Open Access Transmission Tariff (in Docket IS08–302–000). (OATT) and petitions the Commission Federal Energy Regulatory The Complainant states that copies of for declaratory order accepting the Commission the complaint were served on the revisions as satisfying the Federal [Docket No. ER09–1207–000] Respondent. Energy Regulatory Commission’s Any person desiring to intervene or to (Commission) standards for reciprocity P.H. Glatfelter Company; Supplemental protest this filing must file in approval, pursuant to 18 CFR 35.28(e), Notice That Initial Market-Based Rate accordance with Rules 211 and 214 of 18 CFR 385.207 and Order No. 890, Filing Includes Request for Blanket the Commission’s Rules of Practice and Preventing Undue Discrimination and Section 204 Authorization Procedure (18 CFR 385.211, 385.214). Preference in Transmission Service, 118 Protests will be considered by the June 3, 2009. FERC ¶ 61, 119 (2007) (Order 890), at Commission in determining the This is a supplemental notice in the P 191. appropriate action to be taken, but will above-referenced proceeding of P.H. not serve to make protestants parties to Any person desiring to intervene or to Glatfelter Company’s application for the proceeding. Any person wishing to protest this filing must file in market-based rate authority, with an become a party must file a notice of accordance with Rules 211 and 214 of accompanying rate tariff, noting that intervention or motion to intervene, as the Commission’s Rules of Practice and such application includes a request for appropriate. The Respondent’s answer Procedure (18 CFR 385.211, 385.214). blanket authorization, under 18 CFR and all interventions, or protests must Protests will be considered by the part 34, of future issuances of securities be filed on or before the comment date. Commission in determining the and assumptions of liability. Any person desiring to intervene or to The Respondent’s answer, motions to appropriate action to be taken, but will intervene, and protests must be served protest should file with the Federal not serve to make protestants parties to Energy Regulatory Commission, 888 on the Complainant. the proceeding. Any person wishing to The Commission encourages First Street, NE., Washington, DC 20426, become a party must file a notice of in accordance with Rules 211 and 214 electronic submission of protests and intervention or motion to intervene, as interventions in lieu of paper using the of the Commission’s Rules of Practice appropriate. Such notices, motions, or and Procedure (18 CFR 385.211 and ‘‘eFiling’’ link at http://www.ferc.gov. protests must be filed on or before the Persons unable to file electronically 385.214). Anyone filing a motion to comment date. On or before the should submit an original and 14 copies intervene or protest must serve a copy comment date, it is not necessary to of the protest or intervention to the of that document on the Applicant. serve motions to intervene or protests Notice is hereby given that the Federal Energy Regulatory Commission, deadline for filing protests with regard 888 First Street, NE., Washington, DC on persons other than the Applicant. to the applicant’s request for blanket 20426. The Commission encourages This filing is accessible on-line at electronic submission of protests and authorization, under 18 CFR part 34, of http://www.ferc.gov, using the interventions in lieu of paper using the future issuances of securities and assumptions of liability, is June 23, ‘‘eLibrary’’ link and is available for ‘‘eFiling’’ link at http://www.ferc.gov. review in the Commission’s Public 2009. Persons unable to file electronically The Commission encourages Reference Room in Washington, DC. should submit an original and 14 copies electronic submission of protests and There is an ‘‘eSubscription’’ link on the of the protest or intervention to the interventions in lieu of paper, using the Web site that enables subscribers to Federal Energy Regulatory Commission, FERC Online links at http:// receive e-mail notification when a 888 First Street, NE., Washington, DC www.ferc.gov. To facilitate electronic document is added to a subscribed 20426. service, persons with Internet access docket(s). For assistance with any FERC who will eFile a document and/or be Online service, please e-mail This filing is accessible on-line at listed as a contact for an intervenor [email protected], or call http://www.ferc.gov, using the must create and validate an (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for eRegistration account using the (202) 502–8659. review in the Commission’s Public eRegistration link. Select the eFiling Comment Date: 5 p.m. Eastern Time Reference Room in Washington, DC. link to log on and submit the on June 18, 2009. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to intervention or protests. Persons unable to file electronically Kimberly D. Bose, receive e-mail notification when a should submit an original and 14 copies Secretary. document is added to a subscribed of the intervention or protest to the [FR Doc. E9–13544 Filed 6–9–09; 8:45 am] docket(s). For assistance with any FERC BILLING CODE 6717–01–P Federal Energy Regulatory Commission, Online service, please e-mail 888 First St., NE., Washington, DC [email protected], or call 20426. (866) 208–3676 (toll free). For TTY, call DEPARTMENT OF ENERGY The filings in the above-referenced (202) 502–8659. proceeding are accessible in the Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Commission’s eLibrary system by Commission on June 29, 2009. clicking on the appropriate link in the above list. They are also available for [Docket No. NJ09–4–000] Kimberly D. Bose, review in the Commission’s Public Bonneville Power Administration; Secretary. Reference Room in Washington, DC. Notice of Filing [FR Doc. E9–13543 Filed 6–9–09; 8:45 am] There is an eSubscription link on the BILLING CODE 6717–01–P Web site that enables subscribers to June 3, 2009. receive e-mail notification when a Take notice that on May 29, 2009, document is added to any subscribed Bonneville Power Administration docket(s). For assistance with any FERC

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Online service, please e-mail The filings in the above-referenced for EPA, 725 17th Street, NW., [email protected]. or call proceeding are accessible in the Washington, DC 20503. (866) 208–3676 (toll free). For TTY, call Commission’s eLibrary system by FOR FURTHER INFORMATION CONTACT: (202) 502–8659. clicking on the appropriate link in the Learia Williams, Compliance above list. They are also available for Kimberly D. Bose, Assessment and Media Programs review in the Commission’s Public Division, Office of Compliance, Mail Secretary. Reference Room in Washington, DC. [FR Doc. E9–13539 Filed 6–9–09; 8:45 am] Code 2223A, Environmental Protection There is an eSubscription link on the Agency, 1200 Pennsylvania Avenue, BILLING CODE 6717–01–P Web site that enables subscribers to NW., Washington, DC 20460; telephone receive e-mail notification when a number: (202) 564–4113; fax number: document is added to a subscribed DEPARTMENT OF ENERGY (202) 564–0050; e-mail address: dockets(s). For assistance with any [email protected]. Federal Energy Regulatory FERC Online service, please e-mail SUPPLEMENTARY INFORMATION: EPA has Commission [email protected]. or call (866) 208–3676 (toll free). For TTY, call submitted the following ICR to OMB for (202) 502–8659. review and approval according to the [Docket No. ER09–1193–000] procedures prescribed in 5 CFR 1320.12. Kimberly D. Bose, On May 30, 2008 (73 FR 31088), EPA Palmco Power CT, LLC; Supplemental Secretary. sought comments on this ICR pursuant Notice That Initial Market-Based Rate [FR Doc. E9–13538 Filed 6–9–09; 8:45 am] to 5 CFR 1320.8(d). EPA received no Filing Includes Request for Blanket BILLING CODE 6717–01–P comments. Any additional comments on Section 204 Authorization this ICR should be submitted to EPA June 3, 2009. and OMB within 30 days of this notice. This is a supplemental notice in the ENVIRONMENTAL PROTECTION EPA has established a public docket above-referenced proceeding of Palmco AGENCY for this ICR under docket ID number EPA–HQ–OECA–2008–0287, which is Power CT, LLC’s application for market- [EPA–HQ–OECA–2008–0287; FRL–8916–3] based rate authority, with an available for public viewing online at accompanying rate tariff, noting that Agency Information Collection http://www.regulations.gov, in person such application includes a request for Activities; Submission to OMB for viewing at the Enforcement and blanket authorization, under 18 CFR Review and Approval; Comment Compliance Docket in the EPA Docket Part 34, of future issuances of securities Request; NESHAP for Semiconductor Center (EPA/DC), EPA West, Room and assumptions of liability. Manufacturing (Renewal), EPA ICR 3334, 1301 Constitution Avenue, NW., Any person desiring to intervene or to Number 2042.04, OMB Control Number Washington, DC. The EPA Docket protest should file with the Federal 2060–0519 Center Public Reading Room is open Energy Regulatory Commission, 888 from 8:30 a.m. to 4:30 p.m., Monday First Street, NE., Washington, DC 20426, AGENCY: Environmental Protection through Friday, excluding legal in accordance with Rules 211 and 214 Agency (EPA). holidays. The telephone number for the of the Commission’s Rules of Practice ACTION: Notice. Reading Room is (202) 566–1744, and and Procedure (18 CFR 385.211 and the telephone number for the 385.214). Anyone filing a motion to SUMMARY: In compliance with the Enforcement and Compliance Docket is intervene or protest must serve a copy Paperwork Reduction Act (44 U.S.C. (202) 566–1927. of that document on the Applicant. 3501 et seq.), this document announces Use EPA’s electronic docket and Notice is hereby given that the that an Information Collection Request comment system at http:// deadline for filing protests with regard (ICR) has been forwarded to the Office www.regulations.gov, to submit or view to the applicant’s request for blanket of Management and Budget (OMB) for public comments, access the index authorization, under 18 CFR Part 34, of review and approval. This is a request listing of the contents of the docket, and future issuances of securities and to renew an existing approved to access those documents in the docket assumptions of liability, is June 23, collection. The ICR which is abstracted that are available electronically. Once in 2009. below describes the nature of the the system, select ‘‘docket search,’’ then The Commission encourages collection and the estimated burden and key in the docket ID number identified electronic submission of protests and cost. above. Please note that EPA’s policy is interventions in lieu of paper, using the DATES: Additional comments may be that public comments, whether FERC Online links at http:// submitted on or before July 10, 2009. submitted electronically or in paper will www.ferc.gov. To facilitate electronic ADDRESSES: Submit your comments, be made available for public viewing at service, persons with Internet access referencing docket ID number EPA–HQ– http://www.regulations.gov, as EPA who will eFile a document and/or be OECA–2008–0287, to (1) EPA online receives them and without change, listed as a contact for an intervenor using http://www.regulations.gov (our unless the comment contains must create and validate an preferred method), or by e-mail to copyrighted material, Confidential eRegistration account using the [email protected], or by mail to: EPA Business Information (CBI), or other eRegistration link. Select the eFiling Docket Center (EPA/DC), Environmental information whose public disclosure is link to log on and submit the Protection Agency, Enforcement and restricted by statute. For further intervention or protests. Compliance Docket and Information information about the electronic docket, Persons unable to file electronically Center, mail code 2201T, 1200 go to http://www.regulations.gov. should submit an original and 14 copies Pennsylvania Avenue, NW., Title: NESHAP for Semiconductor of the intervention or protest to the Washington, DC 20460, and (2) OMB at: Manufacturing (Renewal). Federal Energy Regulatory Commission, Office of Information and Regulatory ICR Numbers: EPA ICR Number 888 First St., NE., Washington, DC Affairs, Office of Management and 2042.04, OMB Control Number 2060– 20426. Budget (OMB), Attention: Desk Officer 0519.

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ICR Status: This ICR is schedule to identified on the form and/or ENVIRONMENTAL PROTECTION expire on August 31, 2009. Under OMB instrument, if applicable. AGENCY regulations, the Agency may continue to Burden Statement: The annual public [EPA–HQ–OPPT–2008–0868; FRL–8916–1] conduct or sponsor the collection of reporting and recordkeeping burden for information while this submission is this collection of information is Agency Information Collection pending at OMB. An Agency may not estimated to average 18 hours per Activities; Submission to OMB for conduct or sponsor, and a person is not response. Burden means the total time, Review and Approval; Comment required to respond to, a collection of effort, or financial resources expended Request; Health and Safety Data information unless it displays a by persons to generate, maintain, retain, Reporting, Submission of Lists and currently valid OMB control number. or disclose and provide information to Copies of Health and Safety Studies; The OMB control numbers for EPA’s or for a Federal agency. This includes EPA ICR No. 0575.12, OMB Control No. regulations in title 40 of the CFR, after the time needed to review instructions, 2070–0004 appearing in the Federal Register when develop, acquire, install, and utilize approved, are listed in 40 CFR part 9, AGENCY: Environmental Protection technology and systems for the purposes and displayed either by publication in Agency (EPA). of collecting, validating, and verifying the Federal Register or by other ACTION: Notice. appropriate means, such as on the information, processing and maintaining information, and disclosing related collection instrument or form, if SUMMARY: In compliance with the applicable. The display of OMB control and providing information. All existing Paperwork Reduction Act (44 U.S.C. numbers in certain EPA regulations is ways will have to adjust to comply with 3501 et seq.), this document announces consolidated in 40 CFR part 9. any previously applicable instructions that an Information Collection Request Abstract: The National Emission and requirements that have (ICR) has been forwarded to the Office Standards for Hazardous Air Pollutants subsequently changed; train personnel of Management and Budget (OMB) for (NESHAP) for Semiconductor to be able to respond to a collection of review and approval. This is a request Manufacturing were proposed on May 8, information; search data sources; to renew an existing approved 2002, (67 FR 30848), and promulgated complete and review the collection of collection Supporting Statement, Health on May 22, 2003, (68 FR 87925). These information; and transmit or otherwise and Safety Data Reporting, Submission standards apply to each existing, new, disclose the information. of Lists and Copies of Health and Safety or reconstructed effected source for Respondents/Affected Entities: Studies. The ICR, which is abstracted those manufacturing semiconductors. Semiconductor manufacturing. below, describes the nature of the Semiconductor manufacturing process Estimated Number of Respondents: 1. information collection activity and its units are used to manufacture p-type expected burden and costs. Frequency of Response: On occasion, and n-type semiconductor and active DATES: Additional comments may be initially, and semiannually. solid-state devices from a water submitted on or before July 10, 2009. Estimated Total Annual Hour Burden: substrate, including research and ADDRESSES: Submit your comments, development activities integrated into a 37. referencing docket ID Number EPA– semiconductor manufacturing process Estimated Total Annual Cost: $3,167: HQ–OPPT–2008–0868 to (1) EPA online unit. including $3,117 for Labor costs, $50 for using http://www.regulations.gov (our Owners or operators of the affected operation and maintenance (O&M) costs preferred method), by e-mail to facilities would be required to submit and 0 for capital/startup costs. [email protected] or by mail to: one-time only notifications, compliance Document Control Office (DCO), Office status report, and initial performance Changes in the Estimates: There is no change in the labor hours in this ICR of Pollution Prevention and Toxics test results. Respondents are required to (OPPT), Environmental Protection maintain records of the occurrence and compared to the previous ICR. This is due to two considerations: (1) The Agency, Mail Code: 7407T, 1200 duration of any startup, shutdown, and Pennsylvania Ave., NW., Washington, malfunction (SSM) in the operations of regulations have not changed over the past three years, and we are not DC 20460, and (2) OMB at: Office of an affected facility, or any period during Information and Regulatory Affairs, which the monitoring system is anticipating any changes over the next three years; and (2) the current growth Office of Management and Budget inoperative. Semiannual summary (OMB), Attention: Desk Officer for EPA, reports are also required. rate for the industry is very low, negative or nonexistent, so there is no 725 17th Street, NW., Washington, DC Any owner or operator subject to the 20503. provisions of this subpart must maintain significant change in the overall burden. a file of these measurements and retain This standard only regulates existing FOR FURTHER INFORMATION CONTACT: the file for at least five years following source, therefore, no new respondent Barbara Cunningham, Director, the collection of such measurements, will be subject to the regulation over the Environmental Assistance Division, maintenance reports, and records. All next three years. Office of Pollution Prevention and reports are sent to the delegated State or Since there are no changes in the Toxics, Environmental Protection local authority. In the event that there regulatory requirements and there is no Agency, Mailcode: 7408–M, 1200 is no such delegated authority, the significant industry growth, the labor Pennsylvania Ave., NW., Washington, reports are sent directly to the EPA hours and cost figures in the previous DC 20460; telephone number: 202–554– regional office. ICR we used in this ICR, and there is no 1404; e-mail address: TSCA– An Agency may not conduct or change in burden to industry. [email protected]. sponsor, and a person is not required to Dated: June 4, 2009. SUPPLEMENTARY INFORMATION: EPA has respond to, a collection of information submitted the following ICR to OMB for unless it displays a currently valid OMB John Moses, review and approval according to the Control Number. The OMB Control Director, Collection Strategies Division. procedures prescribed in 5 CFR 1320.12. Number for EPA regulations listed in 40 [FR Doc. E9–13587 Filed 6–9–09; 8:45 am] On December 24, 2008 (73 FR 79081), CFR part 9 and 48 CFR chapter 15 are BILLING CODE 6560–50–P EPA sought comments on this renewal

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ICR pursuant to 5 CFR 1320.8(d). EPA number. The OMB control numbers for previously applicable instructions and received no comments during the EPA’s regulations in title 40 of the CFR, requirements; train personnel to be able comment period. Any comments related after appearing in the Federal Register to respond to a collection of to this ICR should be submitted to EPA when approved, are listed in 40 CFR information; search data sources; and OMB within 30 days of this notice. part 9, are displayed either by complete and review the collection of EPA has established a public docket publication in the Federal Register or information; and transmit or otherwise for this ICR under Docket ID No. EPA– by other appropriate means, such as on disclose the information. HQ–OPPT–2008–0868, which is the related collection instrument or available for online viewing at http:// form, if applicable. The display of OMB Respondents/Affected Entities: www.regulations.gov, or in person control numbers in certain EPA Entities potentially affected by this inspection at the OPPT Docket in the regulations is consolidated in 40 CFR action are companies that manufacture, EPA Docket Center (EPA/DC), EPA part 9. Abstract: Section 8(d) of the process, import or distribute in West, Room 3334, 1301 Constitution Toxic Substances Control Act (TSCA) commerce chemical substances or Ave., NW., Washington, DC. The EPA/ and 40 CFR part 716 require mixtures. DC Public Reading Room is open from manufacturers and processors of Frequency of Collection: On occasion. 8 a.m. to 4:30 p.m., Monday through chemicals to submit lists and copies of Friday, excluding legal holidays. The health and safety studies relating to the Estimated Average Number of telephone number for the Reading Room health and/or environmental effects of Responses for Each Respondent: 1.2. is 202–566–1744, and the telephone certain chemical substances and Estimated No. of Respondents: 34. number for the Pollution Prevention and mixtures. In order to comply with the Estimated Total Annual Burden on Toxics Docket is 202–566–0280. reporting requirements of section 8(d), Respondents: 456 hours. Use EPA’s electronic docket and respondents must search their records to comment system at http:// identify any health and safety studies in Estimated Total Annual Costs: www.regulations.gov to submit or view their possession, copy and process $28,030. public comments, access the index relevant studies, list studies that are Changes in Burden Estimates: There listing of the contents of the public currently in progress, and submit this is a decrease of 13,891 hours (from docket, and to access those documents information to EPA. 14,347 hours to 456 hours) in the total in the public docket that are available EPA uses this information to estimated respondent burden compared electronically. Once in the system, construct a complete picture of the with that currently in the OMB select ‘‘docket search,’’ then key in the known effects of the chemicals in inventory. This decrease reflects the docket ID number identified above. question, leading to determinations by episodic nature of rulemakings that add Please note that EPA’s policy is that EPA of whether additional testing of the chemicals to the TSCA section 8(d) list. public comments, whether submitted chemicals is required. The information EPA has added chemicals to the section electronically or in paper, will be made enables EPA to base its testing decisions available for public viewing in http:// on the most complete information 8(d) list in only three of the last 13 www.regulations.gov as EPA receives available and to avoid demands for years, adding an average of 20 chemicals them and without change, unless the testing that may be duplicative. EPA per year over that time period. The most comment contains copyrighted material, uses information obtained via this recent ICR anticipated adding an confidential business information (CBI), collection to support its investigation of unusually large number of chemicals to or other information whose public the risks posed by chemicals and, in the 8(d) list, associated with the high disclosure is restricted by statute. When particular, to support its decisions on production volume (HPV) chemical EPA identifies a comment containing whether to require industry to test program. Because EPA does not copyrighted material, EPA will provide chemicals under section 4 of TSCA. anticipate adding such a large number a reference to that material in the Responses to the collection of of chemicals during the next three years, version of the comment that is placed in information are mandatory (see 40 CFR EPA has reduced the burden estimate http://www.regulations.gov. The entire part 716). Respondents may claim all or for this ICR. It is now more consistent printed comment, including the part of a notice confidential. EPA will with the number of chemicals that EPA copyrighted material, will be available disclose information that is covered by has historically added to the TSCA in the public docket. Although a claim of confidentiality only to the section 8(d) list. This change is an identified as an item in the official extent permitted by, and in accordance adjustment. The Supporting Statement docket, information claimed as CBI, or with, the procedures in TSCA section 14 provides additional detail concerning and 40 CFR part 2. whose disclosure is otherwise restricted the changes in burden estimates. by statute, is not included in the official Burden Statement: The annual public public docket, and will not be available reporting and recordkeeping burden for Dated: June 4, 2009. for public viewing in http:// this collection of information is John Moses, www.regulations.gov. For further estimated to average about 11 hours per Acting Director, Collection Strategies information about the electronic docket, response. Burden means the total time, Division. go to http://www.regulations.gov. effort or financial resources expended [FR Doc. E9–13589 Filed 6–9–09; 8:45 am] Title: Health and Safety Data by persons to generate, maintain, retain BILLING CODE 6560–50–P Reporting, Submission of Lists and or disclose or provide information to or Copies of Health and Safety Studies. for a Federal agency. This includes the ICR Numbers: EPA ICR No. 0575.12, time needed to review instructions; OMB Control No. 2070–0004. develop, acquire, install and utilize ICR Status: This ICR is currently technology and systems for the purposes scheduled to expire on July 31, 2009. of collecting, validating and verifying An Agency may not conduct or sponsor, information, processing and and a person is not required to respond maintaining information, and disclosing to, a collection of information, unless it and providing information; adjust the displays a currently valid OMB control existing ways to comply with any

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ENVIRONMENTAL PROTECTION EPA has established a public docket Manufacturing were proposed on July AGENCY for this ICR under docket ID number 13, 2001 (66 FR 36835), and EPA–HQ–OECA–2008–0286, which is promulgated on May 20, 2003 (68 FR [EPA–HQ–OECA–2008–0286; FRL–8916–2] available for public viewing online at 27645). The proposed amendments were http://www.regulations.gov, in person published August 30, 2005 (70 FR Agency Information Collection viewing at the Enforcement and 51306). These standards apply to new Activities; Submission to OMB for Compliance Docket in the EPA Docket and existing sinter plants, blast Review and Approval; Comment Center (EPA/DC), EPA West, Room furnaces, and basic oxygen process Request; NESHAP for Integrated Iron 3334, 1301 Constitution Avenue, NW., furnace (BOPF) shops at integrated iron and Steel Manufacturing (Renewal), Washington, DC. The EPA Docket and steel manufacturing facilities that EPA ICR Number 2003.04, OMB Center Public Reading Room is open are major sources of hazardous air Control Number 2060–0517 from 8:30 a.m. to 4:30 p.m., Monday pollutants (HAPs), or are collocated at AGENCY: Environmental Protection through Friday, excluding legal major sources. This information is being Agency (EPA). holidays. The telephone number for the collected to assure compliance with 40 Reading Room is (202) 566–1744, and CFR part 63, subpart FFFFF. ACTION: Notice. the telephone number for the Owners and operators of affected sources are subject to the monitoring, SUMMARY: In compliance with the Enforcement and Compliance Docket is Paperwork Reduction Act (44 U.S.C. (202) 566–1927. recordkeeping and reporting Use EPA’s electronic docket and requirements of 40 CFR part 63, subpart 3501 et seq.), this document announces comment system at http:// A, the General Provisions, unless that an Information Collection Request www.regulations.gov, to submit or view specified otherwise in the regulation. (ICR) has been forwarded to the Office public comments, access the index This rule requires sources to submit of Management and Budget (OMB) for listing of the contents of the docket, and initial notifications, conduct review and approval. This is a request to access those documents in the docket performance tests if source is using an to renew an existing approved that are available electronically. Once in add-on control device, and submit collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then periodic compliance reports. In below describes the nature of the key in the docket ID number identified addition, sources are required to collection and the estimated burden and above. Please note that EPA’s policy is maintain records of the occurrence and cost. that public comments, whether duration of any startup, shutdown, or DATES: Additional comments may be submitted electronically or in paper will malfunction in the operation if using an submitted on or before July 10, 2009. be made available for public viewing at add-on control device; any period ADDRESSES: Submit your comments, http://www.regulations.gov, as EPA during which the monitoring system is referencing docket ID number EPA–HQ– receives them and without change, inoperative; parametric monitoring data; OECA–2008–0286, to (1) EPA online unless the comment contains system maintenance and calibration; using http://www.regulations.gov (our copyrighted material, Confidential and work practices to demonstrate preferred method), or by e-mail to Business Information (CBI), or other initial and ongoing compliance with the [email protected], or by mail to: EPA information whose public disclosure is regulation. Docket Center (EPA/DC), Environmental restricted by statute. For further Any owner or operator subject to the Protection Agency, Enforcement and information about the electronic docket, provisions of this subpart must maintain Compliance Docket and Information go to www.regulations.gov. a file of these measurements, and retain Center, mail code 2201T, 1200 Title: NESHAP for Integrated Iron and the file for at least five years following Pennsylvania Avenue, NW., Steel Manufacturing (Renewal). the collection of such measurements, Washington, DC 20460; and (2) OMB at: ICR Numbers: EPA ICR Number maintenance reports, and records. All Office of Information and Regulatory 2003.04, OMB Control Number 2060– reports are sent to the delegated state or Affairs, Office of Management and 0517. local authority. In the event that there Budget (OMB), Attention: Desk Officer ICR Status: This ICR is scheduled to is no such delegated authority, the for EPA, 725 17th Street, NW., expire on August 31, 2009. Under OMB reports are sent directly to the EPA Washington, DC 20503. regulations, the Agency may continue to regional office. conduct or sponsor the collection of An Agency may not conduct or FOR FURTHER INFORMATION CONTACT: information while this submission is sponsor, and a person is not required to Learia Williams, Compliance pending at OMB. An Agency may not respond to, a collection of information Assessment and Media Programs conduct or sponsor, and a person is not unless it displays a currently valid OMB Division, Office of Compliance, Mail required to respond to, a collection of Control Number. The OMB Control Code 2223A, Environmental Protection information unless it displays a Number for EPA regulations listed in 40 Agency, 1200 Pennsylvania Avenue, currently valid OMB control number. CFR part 9 and 48 CFR chapter 15, are NW., Washington, DC 20460; telephone The OMB control numbers for EPA’s identified on the form and/or number: (202) 564–4113; fax number: regulations in title 40 of the CFR, after instrument, if applicable. (202) 564–0050; e-mail address: appearing in the Federal Register when Burden Statement: The annual public [email protected]. approved, are listed in 40 CFR part 9, reporting and recordkeeping burden for SUPPLEMENTARY INFORMATION: EPA has and displayed either by publication in this collection of information are submitted the following ICR to OMB for the Federal Register or by other estimated to average 419 hours per review and approval according to the appropriate means, such as on the response. Burden means the total time, procedures prescribed in 5 CFR 1320.12. related collection instrument or form, if effort, or financial resources expended On May 30, 2008 (73 FR 31088), EPA applicable. The display of OMB control by persons to generate, maintain, retain, sought comments on this ICR pursuant numbers in certain EPA regulations is or disclose and provide information to to 5 CFR 1320.8(d). EPA received no consolidated in 40 CFR part 9. or for a Federal agency. This includes comments. Any additional comments on Abstract: The National Emission the time needed to review instructions, this ICR should be submitted to EPA Standards for Hazardous Air Pollutants develop, acquire, install, and utilize and OMB within 30 days of this notice. (NESHAP) for Integrated Iron and Steel technology and systems for the purposes

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of collecting, validating, and verifying animal housing automatic misting (FRL–8144–8), EPA issued a RED for the information, processing and systems), which was not considered in allethrins under section 4(g)(2)(A) of maintaining information, and disclosing the original RED. FIFRA. Due to their uses, risk, and other and providing information. All existing FOR FURTHER INFORMATION CONTACT: factors, the allethrins were reviewed ways will have to adjust to comply with Molly Clayton, Special Review and through the modified 4–Phase public any previously applicable instructions Reregistration Division (7508P), Office participation process. Subsequent to and requirements that have of Pesticide Programs, Environmental publication of the RED, the technical subsequently changed; train personnel Protection Agency, 1200 Pennsylvania registrant (Valent BioSciences to be able to respond to a collection of Ave., NW., Washington, DC 20460– Corporation) identified a product (EPA information; search data sources; 0001; telephone number: (703) 603– registration number 21165–62) complete and review the collection of 0522; fax number: (703) 308–8090; e- registered for use in commercial animal information; and transmit or otherwise mail address: [email protected]. housing automatic misting systems, a disclose the information. SUPPLEMENTARY INFORMATION: use not addressed in the RED or in the Respondents/Affected Entities: supporting risk assessments. As a result, Integrated iron and steel manufacturing. I. General Information the Agency updated the allethrins Estimated Number of Respondents: A. Does this Action Apply to Me? occupational and residential risk 18. This action is directed to the public assessment to include an evaluation of Frequency of Response: On occasion, in general, and may be of interest to a this product and use pattern, and initially and semiannually. wide range of stakeholders including revised the RED accordingly. All other Estimated Total Annual Hour Burden: environmental, human health, farm risk assessments described in the 18,421. worker and agricultural advocates; the original RED remain the same. Estimated Total Annual Cost: chemical industry; pesticide users; and B. What is the Agency’s Authority for $1,627,196: which is comprised of members of the public interested in the Taking this Action? $1,560,196 in Labor costs, $67,000 in sale, distribution, or use of pesticides. Operation and Maintenance (O&M) Since others also may be interested, the Section 4(g)(2) of FIFRA, as amended, costs, and no capital/startup costs. Agency has not attempted to describe all directs that, after submission of all data Changes in the Estimates: There is no the specific entities that may be affected concerning a pesticide active ingredient, change in the labor hours in this ICR as by this action. If you have any questions ‘‘the Administrator shall determine compared to the previous ICR. This is regarding the applicability of this action whether pesticides containing such due to two considerations: (1) the to a particular entity, consult the person active ingredient are eligible for regulations have not changed over the listed under FOR FURTHER INFORMATION reregistration,’’ before calling in product past three years and are not anticipated CONTACT. specific data on individual end-use to change over the next three years; and products and either reregistering (2) the growth rate for the industry is B. How Can I Get Copies of this products or taking other ‘‘appropriate very low, negative or nonexistent, so Document and Other Related regulatory action.’’ there is no significant change in the Information? overall burden. 1. Docket. EPA has established a List of Subjects Since there are no changes in the docket for this action under docket Environmental protection, Allethrins, regulatory requirements and there is no identification (ID) number EPA–HQ– Pesticides and pests. significant industry growth, the labor OPP–2006–0986. Publicly available hours and cost figures in the precious docket materials are available either in Dated: June 1, 2009. ICR are used in this ICR, and there is no the electronic docket at http:// Richard P. Keigwin, Jr., change in burden to industry. www.regulations.gov, or, if only Director, Special Review and Reregistration Dated: June 4, 2009. available in hard copy, at the Office of Division, Office of Pesticide Programs. John Moses, Pesticide Programs (OPP) Regulatory [FR Doc. E9–13460 Filed 6–9–09; 8:45 am] Public Docket in Rm. S–4400, One Director, Collection Strategies Division. BILLING CODE 6560–50–S Potomac Yard (South Bldg.), 2777 S. [FR Doc. E9–13588 Filed 6–9–09; 8:45 am] Crystal Dr., Arlington, VA. The hours of BILLING CODE 6560–50–P operation of this Docket Facility are ENVIRONMENTAL PROTECTION from 8:30 a.m. to 4 p.m., Monday AGENCY through Friday, excluding legal ENVIRONMENTAL PROTECTION [EPA–HQ–OPP–2009–0298; FRL–8419–9] AGENCY holidays. The Docket Facility telephone number is (703) 305–5805. [EPA–HQ–OPP–2006–0986; FRL–8420–1] 2. Electronic access. You may access Pesticide Experimental Use Permit; this Federal Register document Receipt of Application; Comment Amendment to the Allethrins electronically through the EPA Internet Request Reregistration Eligibility Decision under the ‘‘Federal Register’’ listings at AGENCY: Environmental Protection AGENCY: Environmental Protection http://www.epa.gov/fedrgstr. Agency (EPA). Agency (EPA). II. Background ACTION: Notice. ACTION: Notice. A. What Action is the Agency Taking? SUMMARY: This notice announces EPA’s SUMMARY: This notice announces the Section 4 of the Federal Insecticide, receipt of an application 62719–EUP– availability of EPA’s Revised Fungicide, and Rodenticide Act (FIFRA) AE from Dow AgroSciences requesting Reregistration Eligibility Decision (RED) directs EPA to reevaluate existing an experimental use permit (EUP) for for the allethrins series of pesticides. pesticides to ensure that they meet sulfuryl fluoride. The Agency has EPA amended the allethrins RED to current scientific and regulatory determined that the permit may be of include an assessment of a registered standards. In the Federal Register issue regional and national significance. use for the allethrins (use in commercial of September 26, 2007 (72 FR 54662) Therefore, in accordance with 40 CFR

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172.11(a), the Agency is soliciting Docket: All documents in the docket includes information claimed as CBI, a comments on this application. are listed in the docket index available copy of the comment that does not DATES: Comments must be received on at http://www.regulations.gov. Although contain the information claimed as CBI or before July 10, 2009. listed in the index, some information is must be submitted for inclusion in the ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other public docket. Information so marked identified by docket identification (ID) information whose disclosure is will not be disclosed except in number EPA–HQ–OPP–2009–0298, by restricted by statute. Certain other accordance with procedures set forth in one of the following methods: material, such as copyrighted material, 40 CFR part 2. • Federal eRulemaking Portal: http:// is not placed on the Internet and will be 2. Tips for preparing your comments. www.regulations.gov. Follow the on-line publicly available only in hard copy When submitting comments, remember instructions for submitting comments. form. Publicly available docket to: • Mail: Office of Pesticide Programs materials are available either in the i. Identify the document by docket ID (OPP) Regulatory Public Docket (7502P), electronic docket at http:// number and other identifying Environmental Protection Agency, 1200 www.regulations.gov, or, if only information (subject heading, Federal Pennsylvania Ave., NW., Washington, available in hard copy, at the OPP Register date and page number). ii. Follow directions. The Agency may DC 20460–0001. Regulatory Public Docket in Rm. S– • Delivery: OPP Regulatory Public 4400, One Potomac Yard (South Bldg.), ask you to respond to specific questions Docket (7502P), Environmental 2777 S. Crystal Dr., Arlington, VA. The or organize comments by referencing a Protection Agency, Rm. S–4400, One hours of operation of this Docket Code of Federal Regulations (CFR) part Potomac Yard (South Bldg.), 2777 S. Facility are from 8:30 a.m. to 4 p.m., or section number. iii. Explain why you agree or disagree; Crystal Dr., Arlington,VA. Deliveries are Monday through Friday, excluding legal suggest alternatives and substitute only accepted during the Docket holidays. The Docket Facility telephone number is (703) 305–5805. language for your requested changes. Facility’s normal hours of operation iv. Describe any assumptions and (8:30 a.m. to 4 p.m., Monday through FOR FURTHER INFORMATION CONTACT: Kable Bo Davis, Registration Division provide any technical information and/ Friday, excluding legal holidays). or data that you used. Special arrangements should be made (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 v. If you estimate potential costs or for deliveries of boxed information. The burdens, explain how you arrived at Docket Facility telephone number is Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: your estimate in sufficient detail to (703) 305–5805. allow for it to be reproduced. Instructions: Direct your comments to (703) 306–0415; e-mail address: [email protected]. vi. Provide specific examples to docket ID number EPA–HQ–OPP–2009– illustrate your concerns and suggest 0298. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION: alternatives. received will be included in the docket I. General Information vii. Explain your views as clearly as without change and may be made possible, avoiding the use of profanity available on-line at http:// A. Does this Action Apply to Me? or personal threats. www.regulations.gov, including any This action is directed to the public viii. Make sure to submit your personal information provided, unless in general. This action may, however, be comments by the comment period the comment includes information of interest to agricultural producers, deadline identified. claimed to be Confidential Business food manufacturers, pesticide 3. Environmental justice. EPA seeks to Information (CBI) or other information manufacturers, or those persons who are achieve environmental justice, the fair whose disclosure is restricted by statute. or may be required to conduct testing of treatment and meaningful involvement Do not submit information that you chemical substances under the Federal of any group, including minority and/or consider to be CBI or otherwise Food, Drug, and Cosmetic Act (FFDCA) low income populations, in the protected through regulations.gov or e- or the Federal Insecticide, Fungicide, development, implementation, and mail. The regulations.gov website is an and Rodenticide Act (FIFRA). Since enforcement of environmental laws, ‘‘anonymous access’’ system, which other entities may also be interested, the regulations, and policies. To help means EPA will not know your identity Agency has not attempted to describe all address potential environmental justice or contact information unless you the specific entities that may be affected issues, the Agency seeks information on provide it in the body of your comment. by this action. If you have any questions any groups or segments of the If you send an e-mail comment directly regarding the applicability of this action population who, as a result of their to EPA without going through to a particular entity, consult the person location, cultural practices, or other regulations.gov, your e-mail address listed under FOR FURTHER INFORMATION factors, may have atypical or will be automatically captured and CONTACT. disproportionately high and adverse included as part of the comment that is human health impacts or environmental B. What Should I Consider as I Prepare placed in the docket and made available effects from exposure to the pesticide(s) My Comments for EPA? on the Internet. If you submit an discussed in this document, compared electronic comment, EPA recommends 1. Submitting CBI. Do not submit this to the general population. that you include your name and other information to EPA through contact information in the body of your regulations.gov or e-mail. Clearly mark II. What Action is the Agency Taking? comment and with any disk or CD-ROM the part or all of the information that Under section 5 of FIFRA, 7 U.S.C. you submit. If EPA cannot read your you claim to be CBI. For CBI 136c, EPA can allow manufacturers to comment due to technical difficulties information in a disk or CD-ROM that field test pesticides under development. and cannot contact you for clarification, you mail to EPA, mark the outside of the Manufacturers are required to obtain an EPA may not be able to consider your disk or CD-ROM as CBI and then EUP before testing new pesticides or comment. Electronic files should avoid identify electronically within the disk or new uses of pesticides if they conduct the use of special characters, any form CD-ROM the specific information that is experimental field tests on 10 acres or of encryption, and be free of any defects claimed as CBI. In addition to one more of land or one acre or more of or viruses. complete version of the comment that water.

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Pursuant to 40 CFR 172.11(a), the Dated: May 29, 2009. CWA section 303(c), when such action Agency has determined that the Lois Rossi, is necessary. following EUP application may be of Director, Registration Division, Office of ADDRESSES: Copies of documents regional and national significance, and Pesticide Programs. specifically referenced in this notice are therefore is seeking public comment on [FR Doc. E9–13475 Filed 6–9–09; 8:45 am] in Docket ID No. EPA–HQ–OW–2008– the EUP application: Submitter: Dow AgroSciences, BILLING CODE 6560–50–S 0553. Materials in the public docket are (62719–EUP–AE). available for public viewing at the Water Docket in the EPA Docket Center, (EPA/ Pesticide Chemical: Sulfuryl fluoride. ENVIRONMENTAL PROTECTION Summary of Request: Dow DC) EPA West, Room 3334, 1301 AGENCY AgroSciences is requesting an EUP for Constitution Ave., NW., Washington, DC. The EPA Docket Center Public sulfuryl fluoride, a pesticide fumigant. [EPA–HQ–OW–2008–0553; FRL–8913–6] The product is intended to be applied Reading Room is open from 8:30 a.m. to as a pre-plant soil fumigant to areas Notice of Availability of National 4:30 p.m., Monday through Friday, where tomato, pepper, squash, and Recommended Water Quality Criteria excluding legal holidays. The telephone cucurbits are typically grown. The for Acrolein and Phenol number for the Public Reading Room is proposed EUP program would be (202) 566–1744, and the telephone initiated on August 1, 2009 and AGENCY: Environmental Protection number for the Office of Water Docket finalized on August 1, 2012. The Agency (EPA). is (202) 566–2426. A reasonable fee will amount of pesticide product proposed ACTION: Notice of availability of updated be charged for copies. An electronic for use is 32,500 lbs of the product, water quality criteria for acrolein and version of the public docket is available which equals 32,435 lbs of the active phenol. through EPA’s electronic public docket ingredient. The total proposed acreage is and comment system at http:// 65 acres. The states in which the SUMMARY: Pursuant to section 304(a) of www.regulations.gov. Once in the proposed program will be conducted the Clean Water Act (CWA), the system, select ‘‘search,’’ then key in the include California, Florida, Georgia, and Environmental Protection Agency (EPA) appropriate docket identification Texas. is announcing the availability of number. A copy of the application and any updated national recommended water FOR FURTHER INFORMATION CONTACT: information submitted is available for quality criteria for the protection of Heidi L. Bethel, Health and Ecological public review in the docket established human health for acrolein and phenol. Criteria Division (4304T), U.S. EPA, for this EUP application as described These criteria are based on EPA’s Ariel Rios Building, 1200 Pennsylvania under ADDRESSES. Methodology for Deriving Ambient Following the review of the Water Quality Criteria for the Protection Ave., NW., Washington, DC 20460; (202) application and any comments and data of Human Health (2000), EPA–822–B– 566–2054; [email protected]. received in response to this solicitation, 00–004 (2000 Human Health SUPPLEMENTARY INFORMATION: EPA will decide whether to issue or Methodology) and supercede criteria for deny the EUP request, and if issued, the these chemicals previously published I. General Information conditions under which it is to be by EPA. EPA’s recommended section A. Interested Entities conducted. Any issuance of an EUP will 304(a) water quality criteria are be announced in the Federal Register. guidance to States and authorized Entities potentially interested in Tribes in adopting water quality today’s notice are those that produce, List of Subjects standards for protecting human health use, or regulate acrolein or phenol. Environmental protection, and provide guidance to EPA for Categories and entities interested in Experimental use permits. promulgating Federal regulations under today’s notice include:

Category Examples of interested entities

States, Authorized Tribes and Jurisdictional Governments...... NPDES Authorized States, Tribes and Jurisdictions. Industry ...... Industries discharging pollutants to surface waters or to publically- owned treatment works discharging pollutants to surface waters. Municipalities ...... Publically-owned treatment works discharging pollutants to surface wa- ters.

This table is not intended to be B. How Can I Get Copies of the National information whose disclosure is exhaustive, but rather provides a guide Recommended Water Quality Criteria restricted by statute. The official public for readers regarding entities likely to be for the Protection of Human Health and docket is the collection of materials that interested in this notice. This table lists Other Related Information? is available for public viewing at the the types of entities that EPA is now 1. Docket. EPA established an official Water Docket in the EPA Docket Center, aware could potentially be interested in public docket for this notice under (EPA/DC) EPA West, Room 3334, 1301 this notice. Other types of entities not Docket ID No. EPA–HQ–OW–2008– Constitution Ave., NW., Washington, listed in the table could also be 0553. The official public docket consists DC. The EPA Docket Center Public interested. of the documents specifically referenced Reading Room is open from 8:30 a.m. to in this notice, any public scientific 4:30 p.m., Monday through Friday, views received, and other information excluding legal holidays. The telephone related to this announcement. Although number for the Public Reading Room is a part of the official docket, the public (202) 566–1744, and the telephone docket does not include Confidential number for the Office of Water Docket Business Information (CBI) or other

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is (202) 566–2426. A reasonable fee will B. What Are the Criteria Revisions? have changed. Because recalculation of be charged for copies. Today, EPA is publishing an update these two criteria resulted in significant 2. Electronic Access. You may access of national recommended water quality changes, EPA published them in draft this Federal Register document criteria (NRWQC) for protecting human form in the Federal Register (73 FR electronically through the EPA Internet health for acrolein and phenol. 53246; September 15, 2008) and accepted scientific views for 45 days. under the ‘‘Federal Register’’ listings at Information regarding these criteria However, EPA did not intend to subject http://www.epa.gov/fedrgstr/. An updates was published in a Federal this recalculation to additional peer electronic version of the public docket Register (FR) Notice (73 FR 53246; review because the IRIS reference doses is available through EPA’s electronic September 15, 2008) announcing the availability of the draft criteria for being updated in this partial criteria public docket and comment system. update have been previously peer acrolein and phenol. In that notice, You may access EPA Dockets at reviewed. EPA did not receive any information on how to submit scientific https://www.regulations.gov to access scientific views on these revisions. views on the criteria updates was also the index listing of the contents of the Therefore, these criteria are being provided. The FR Notice contained official public docket, and to access published as final and will supersede information regarding the criteria those documents in the public docket any criteria previously published for revision process; the relationship that are available electronically. acrolein and phenol by EPA. The between the water quality criteria and Although not all docket materials may criteria being published are listed in the State or Tribal water quality standards; be available electronically, you may still tables below along with the updated the status of existing recommended access any of the publicly available IRIS values which are being changed. In criteria while criteria are under revision; docket materials through the docket the Federal Register Notice (73 FR and the location of additional facility identified in section B.1. Once 53246; September 15, 2008) announcing information about water quality criteria in the system, select ‘‘search,’’ then key the draft criteria revisions for acrolein and water quality standards. in the appropriate docket identification and phenol, EPA inadvertently failed to These criteria are based on EPA’s number. follow the Agency’s 2000 Human Health Methodology for Deriving Ambient Methodology when rounding two of the II. Background Information Water Quality Criteria for the Protection criteria values for phenol. The guidance of Human Health (2000), EPA–822–B– specifies that the number of significant A. What Are Human Health Water 00–004 (2000 Human Health figures at the end of the criterion Quality Criteria? Methodology). This methodology calculation should be rounded to the describes the Agency’s current approach Human health water quality criteria number of significant figures in the least for deriving national recommended are numeric values that describe precise input parameter for the water quality criteria to protect human ambient water concentrations that calculation. The correct values have protect human health from the harmful health. The revision of these criteria been included in the tables below: effects of pollutants in ambient water. represents a partial update of the 304(a) These criteria are developed under criteria as described in the FR Notice TABLE 1—FINAL NATIONAL CWA section 304(a) and are based solely that accompanied the 2000 Human RECOMMENDED WATER QUALITY on data and scientific judgments about Health Methodology (65 FR 66443; CRITERIA FOR ACROLEIN the relationship between pollutant November 3, 2000). EPA believes that concentrations and environmental and updating a limited number of Acrolein Updated criteria human health effects. Human health components for which there are IRIS RfD ...... 0.0005 mg/(kg-d) (pub- water quality criteria do not reflect available data or improved science (i.e., consideration of economic impacts or lished 6/03) a partial update) is a reasonable and (http://www.epa.gov/ the technological feasibility of meeting efficient means of publishing revised ncea/iris/subst/ the chemical concentrations in ambient 304(a) criteria more frequently. EPA has 0364.htm) water. CWA section 304(a)(1) requires also previously described its process for Water + Orga- 6 μg/l EPA to develop and publish and, from nisms. publishing revised criteria [see National μ time to time, revise criteria for water Recommended Water Quality Criteria; Organisms Only ... 9 g/l quality that accurately reflect the latest Notice; Republication (63 FR 68354; scientific knowledge. EPA’s December 10, 1998 or EPA 822–Z–99– TABLE 2—FINAL NATIONAL recommended section 304(a) water 001) and National Recommended Water RECOMMENDED WATER QUALITY quality criteria provide guidance to Quality Criteria; Notice; Republication; CRITERIA FOR PHENOL States and authorized Tribes in adopting Correction (64 FR 19781; April 22, 1999) water quality standards for protection of or the Federal Register Notice for the Phenol Updated criteria human health. The criteria also provide 2000 Methodology]. EPA indicated that guidance to EPA when promulgating when making minor revisions to IRIS RfD ...... 0.30 mg/(kg-d) (pub- Federal regulations under CWA section existing criteria based on new lished 9/02) 303(c), when such action is necessary. information pertaining to individual (http://www.epa.gov/ They do not substitute for the CWA or components of the criteria, it would ncea/iris/subst/ regulations, nor are they regulations 0088.htm) typically publish the recalculated Water + Organisms ... 10,000 μg/l themselves. Thus, EPA’s recommended criteria directly as the Agency’s national Organisms Only ...... 860,000 μg/l criteria do not impose legally binding recommended water quality criteria. requirements. States and authorized The criteria for acrolein and phenol Tribes have the discretion to adopt, are being updated with reference dose Dated: May 27, 2009. where appropriate, other scientifically (RfD) values from EPA’s Integrated Risk Ephraim S. King, defensible water quality standards that Information System (IRIS) (http:// Director, Office of Science and Technology. may differ from these recommendations www.epa.gov/iris). No other [FR Doc. E9–13600 Filed 6–9–09; 8:45 am] and reflect State-specific circumstances. components of the criteria calculation BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION copy. Publicly available docket as amended by Public Laws 95–217 and AGENCY materials are available electronically in 100–4, for the purpose of declaring http://www.regulations.gov. [EPA–R01–OW–2008–0875; FRL–8913–8] these waters a No Discharge Area FOR FURTHER INFORMATION CONTACT: Ann (NDA). Maine Marine Sanitation Device Rodney, U.S. Environmental Protection Section 312(f)(3) states: After the Standard—Notice of Determination Agency—New England Region, One effective date of the initial standards Congress Street, Suite 1100, COP, AGENCY: Environmental Protection and regulations promulgated under this Boston, MA 02114–2023. Telephone: section, if any State determines that the Agency (EPA). (617) 918–0538. Fax number: (617) 918– ACTION: Notice of determination. protection and enhancement of the 1505. E-mail address: quality of some or all of the waters [email protected]. SUMMARY: The Regional Administrator within such State require greater of the Environmental Protection SUPPLEMENTARY INFORMATION: On environmental protection, such State Agency—New England Region, has December 12, 2008, EPA published a may completely prohibit the discharge determined that adequate facilities for notice that the state of Maine had from all vessels of any sewage, whether the safe and sanitary removal and petitioned the Regional Administrator, treated or not, into such waters, except treatment of sewage from all vessels are Environmental Protection Agency, to that no such prohibition shall apply reasonably available for the waters of determine that adequate facilities for the until the Administrator determines that Kennebunk/Kennebunkport/Wells. safe and sanitary removal and treatment adequate facilities for the safe and ADDRESSES: Docket: All documents in of sewage from all vessels are sanitary removal and treatment of the docket are listed in the http:// reasonably available for the waters of sewage from all vessels are reasonably www.regulations.gov index. Although Kennebunk/Kennebunkport/Wells. available for such water to which such listed in the index, some information is Three comments were received on this prohibition would apply. not publicly available, e.g., CBI or other petition. The response to comments can information whose disclosure is be obtained utilizing the above contact This Notice of Determination is for restricted by statute. Certain other information. the waters of Kennebunk/ material, such as copyrighted material, The petition was filed pursuant to Kennebunkport/Wells. The NDA will be publicly available only in hard Section 312(f)(3) of Public Law 92–500, boundaries are as follows:

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

From ‘‘Moody Point’’ in Wells north following the shore to a point at the westerly head of navigation of the Webhannet River ...... 70°34′14.98″ W 43°17′12.21″ N 70°34′14.68″ W 43°18′23.76″ N Northeast following the shore to the head of navigation of the middle fork of the Webhannet River ...... 70°34′14.68″ W 43°18′23.76″ N 70°33′48.9″ W 43°19′19.9″ N Northeast following the shore to the head of navigation of the eastern fork of the Webhannet River ...... 70°33′48.9″ W 43°19′19.9″ N 70°33′30.69″ W 43°19′28.3″ N East following the shore to the Route 9 bridge on the Mousam River ...... 70°33′30.69″ W 43°19′28.3″ N 70°31′5.19″ W 43°21′5.24″ N East following the shore to the Route 9 bridge on the Kennebunk River ...... 70°31′5.19″ W 43°21′5.24″ N 70°28′41.56″ W 43°21′39.93″ N East following the shore to ‘‘Cape Arundel’’ ...... 70°28′41.56″ W 43°21′39.93″ N 70°27′58.36″ W 43°20′25.42″ N Southwest in a straight line across the water to Moody Point 70°27′58.36″ W 43°20′25.42″ N 70°34′14.98″ W 43°17′12.21″ N

The proposed NDA includes the operation is appended at the end of this treatment of sewage from all vessels are municipal waters of Kennebunk/ determination. reasonably available for the area covered Kennebunkport/Wells. Based on the examination of the under this determination. The information submitted to EPA by petition and its supporting This determination is made pursuant the state of Maine certifies that there are documentation, and meetings with the to Section 312(f)(3) of Public Law 92– five pumpout facilities located within state and local officials, EPA has this area. A list of the facilities, with determined that adequate facilities for 500, as amended by Public laws 95–217 locations, phone numbers, and hours of the safe and sanitary removal and and 100–4.

PUMPOUT FACILITIES WITHIN PROPOSED NO DISCHARGE AREA

Kennebunk/Kennebunk/Wells Mean low Name Location Contact info. Hours water depth

Harbormaster ...... Wells ...... 207–646–3226, VHF 16 ...... 7 a.m.–3 p.m., 7 days ...... 10 ft. Yachtsman ...... Kennebunk River ...... 207–967–2511, VHF 9 ...... 8 a.m.–5 p.m., 7 days ...... 10 ft. Kennebunkport Marina ...... Kennebunk River ...... 207–967–3411, VHF 9 ...... 8 a.m.–5 p.m., 7 days ...... 10 ft. Chicks Marina ...... Kennebunk River ...... 207–967–2782, VHF 9 ...... 8 a.m.–5 p.m., 7 days ...... 10 ft. River Commission pumpout Kennebunk River ...... 207–967–4243 ...... 24/7 self service ...... 8 ft. float.

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Dated: May 27, 2009. 5 U.S.C., App. 2 (FACA), notice is minutes per speaker, with no more than Ira W. Leighton, hereby given that the EPA SAB Risk and a total of one-half hour for all speakers. Acting Regional Administrator, New England Technology Review Assessment At the face-to-face meeting, Region. Methodologies Panel will hold a public presentations will be limited to five [FR Doc. E9–13598 Filed 6–9–09; 8:45 am] teleconference and a face-to-face minutes, with no more than a total of BILLING CODE 6560–50–P meeting to prepare for and review the one hour for all speakers. To be placed Agency’s draft document on on the public speaker list, interested methodologies for the assessment of parties should contact Dr. Sue Shallal, ENVIRONMENTAL PROTECTION residual risk featuring case studies from DFO, in writing (preferably via e-mail), AGENCY the Petroleum Refineries and Portland by June 22, 2009 for the teleconference Cement Manufacturing source [FRL–8915–5] and by July 21, 2009 for the face-to-face categories. The SAB was established meeting, at the contact information Science Advisory Board Staff Office; pursuant to 42 U.S.C. 4365 to provide noted above. Written Statements: Notification of a Public Teleconference independent scientific and technical Written statements should be received and Meeting of the Science Advisory advice to the Administrator on the in the SAB Staff Office by June 22, 2009, Board Risk and Technology Review technical basis for Agency positions and so that the information may be made Assessment Methodologies Panel regulations. The SAB is a Federal available to the SAB for their Advisory Committee chartered under consideration prior to the teleconference AGENCY: Environmental Protection FACA. The SAB will comply with the or by July 21, 2009 for their Agency. provisions of FACA and all appropriate consideration prior to the face-to-face ACTION: Notice. SAB Staff Office procedural policies. meeting. Written statements should be Background: EPA’s Office of Air supplied to the DFO via e-mail to SUMMARY: The Environmental Protection Quality Planning and Standards Agency (EPA) Science Advisory Board [email protected] (acceptable file (OAQPS) has requested that the SAB format: Adobe Acrobat PDF, (SAB) Staff Office announces a public conduct a review of their methodologies teleconference and a face-to-face WordPerfect, MS Word, MS PowerPoint, for conducting Risk and Technology or Rich Text files in IBM–PC/Windows meeting of the SAB Risk and Review Assessments in conjunction Technology Review Assessment 98/2000/XP format). Submitters are with assessments of residual risk requested to provide two versions of Methodologies Panel to review the required by the Clean Air Act. These Agency’s draft methodologies for each document submitted with and assessments evaluate the effects of without signatures, because the SAB performing assessments of residual risk industrial emissions of hazardous air featuring case studies from the Staff Office does not publish documents pollutants (HAPs) on public health and with signatures on its Web sites. Petroleum Refineries and Portland the environment. The proposed Cement Manufacturing source Accessibility: For information on methodologies are demonstrated access or services for individuals with categories. through the use of two case studies, (1) disabilities, please contact Dr. Sue DATES: The SAB will hold the public petroleum refineries and (2) Portland Shallal at (202) 343–9977 or teleconference on June 30, 2009 from 1 cement manufacturers. Background on [email protected]. To request p.m. to 4 p.m. (Eastern Time). A face- this SAB review and the process for accommodation of a disability, please to-face meeting will be held on July 28, formation of this review panel was contact Dr. Shallal preferably at least ten 2009 from 9 a.m. to 5 p.m. (Eastern provided in a Federal Register Notice days prior to the meeting, to give EPA Time) and will continue on July 29, published on January 31, 2008 (73 FR as much time as possible to process 2009 from 9 a.m. to 4 p.m. (Eastern 5836–5838). The purpose of this your request. Time). upcoming teleconference is for the SAB Dated: June 3, 2009. ADDRESSES: The telephone conference Review Panel to discuss EPA’s charge will be conducted by phone only. The questions and plan for the face-to-face Anthony F. Maciorowski, July 28–29, 2009 face-to-face meeting meeting. The Panel will then discuss Deputy Director, EPA Science Advisory Board will be held at the Marriott at Research and deliberate on the charge questions Staff Office. Triangle Park, 4700 Guardian Drive, at the face-to-face meeting. [FR Doc. E9–13597 Filed 6–9–09; 8:45 am] Durham, NC 27703. Availability of Meeting Materials: The BILLING CODE 6560–50–P meeting agendas and other materials, FOR FURTHER INFORMATION CONTACT: Any including a link to access the EPA’s member of the public wishing to obtain document(s) related to the peer review, general information concerning this ENVIRONMENTAL PROTECTION will be posted on the SAB Web site AGENCY public teleconference or meeting should (http://www.epa.gov/sab) in advance of contact Dr. Sue Shallal, Designated the meeting. For questions and [EPA–HQ–OPP–2009–0045; FRL–8417–7] Federal Officer (DFO), EPA Science information concerning the Agency’s Advisory Board (1400F), U.S. documents, please contact Dave Environmental Protection Agency, 1200 Notice of Receipt of Several Pesticide Guinnup at 919–541–5368 or Petitions Filed for Residues of Pennsylvania Avenue, NW., [email protected]. Washington, DC 20460; via telephone/ Pesticide Chemicals in or on Various Procedures for Providing Public Input: Commodities voice mail: (202) 343–9977; fax: (202) Interested members of the public may 233–0643; or e-mail at submit relevant written or oral AGENCY: Environmental Protection [email protected]. General information for the SAB to consider on Agency (EPA). information concerning the EPA Science the topics included in this advisory ACTION: Notice. Advisory Board can be found on the activity and/or group conducting the SAB Web site at http://www.epa.gov/ activity. Oral Statements: In general, SUMMARY: This notice announces the sab. individuals or groups requesting an oral Agency’s receipt of several initial filings SUPPLEMENTARY INFORMATION: Pursuant presentation at a public SAB of pesticide petitions proposing the to the Federal Advisory Committee Act, teleconference will be limited to three establishment or modification of

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regulations for residues of pesticide comment. Electronic files should avoid the person listed at the end of the chemicals in or on various commodities. the use of special characters, any form pesticide petition summary of interest. of encryption, and be free of any defects DATES: Comments must be received on B. What Should I Consider as I Prepare or viruses. or before July 10, 2009. My Comments for EPA? ADDRESSES: Submit your comments, Docket: All documents in the docket 1. Submitting CBI. Do not submit this identified by docket identification (ID) are listed in the docket index available information to EPA through number and the pesticide petition at http://www.regulations.gov. Although regulations.gov or e-mail. Clearly mark number (PP) of interest as shown in the listed in the index, some information is the part or all of the information that body of this document, by one of the not publicly available, e.g., CBI or other you claim to be CBI. For CBI following methods: information whose disclosure is information in a disk or CD-ROM that • Federal eRulemaking Portal: http:// restricted by statute. Certain other you mail to EPA, mark the outside of the www.regulations.gov. Follow the on-line material, such as copyrighted material, disk or CD-ROM as CBI and then instructions for submitting comments. is not placed on the Internet and will be • Mail: Office of Pesticide Programs publicly available only in hard copy identify electronically within the disk or (OPP) Regulatory Public Docket (7502P), form. Publicly available docket CD-ROM the specific information that is Environmental Protection Agency, 1200 materials are available either in the claimed as CBI. In addition to one Pennsylvania Ave., NW., Washington, electronic docket at http:// complete version of the comment that DC 20460–0001. www.regulations.gov, or, if only includes information claimed as CBI, a • Delivery: OPP Regulatory Public available in hard copy, at the OPP copy of the comment that does not Docket (7502P), Environmental Regulatory Public Docket in Rm. S– contain the information claimed as CBI Protection Agency, Rm. S–4400, One 4400, One Potomac Yard (South Bldg.), must be submitted for inclusion in the Potomac Yard (South Bldg.), 2777 S. 2777 S. Crystal Dr., Arlington, VA. The public docket. Information so marked Crystal Dr., Arlington, VA. Deliveries hours of operation of this Docket will not be disclosed except in are only accepted during the Docket Facility are from 8:30 a.m. to 4 p.m., accordance with procedures set forth in Facility’s normal hours of operation Monday through Friday, excluding legal 40 CFR part 2. 2. Tips for preparing your comments. (8:30 a.m. to 4 p.m., Monday through holidays. The Docket Facility telephone When submitting comments, remember Friday, excluding legal holidays). number is (703) 305–5805. to: Special arrangements should be made FOR FURTHER INFORMATION CONTACT : A i. Identify the document by docket ID for deliveries of boxed information. The contact person, with telephone number number and other identifying Docket Facility telephone number is and e-mail address, is listed at the end information (subject heading, Federal (703) 305–5805. of each pesticide petition summary. You Register date and page number). Instructions: Direct your comments to may also reach each contact person by ii. Follow directions. The Agency may the docket ID number and the pesticide mail at: Registration Division (7505P), ask you to respond to specific questions petition number of interest as shown in Office of Pesticide Programs, or organize comments by referencing a the body of this document. EPA’s policy Environmental Protection Agency, 1200 Code of Federal Regulations (CFR) part is that all comments received will be Pennsylvania Ave., NW., Washington, or section number. included in the docket without change DC 20460–0001. iii. Explain why you agree or disagree; and may be made available on-line at SUPPLEMENTARY INFORMATION: suggest alternatives and substitute http://www.regulations.gov, including language for your requested changes. any personal information provided, I. General Information iv. Describe any assumptions and unless the comment includes A. Does this Action Apply to Me? provide any technical information and/ information claimed to be Confidential or data that you used. Business Information (CBI) or other You may be potentially affected by v. If you estimate potential costs or information whose disclosure is this action if you are an agricultural burdens, explain how you arrived at restricted by statute. Do not submit producer, food manufacturer, or your estimate in sufficient detail to information that you consider to be CBI pesticide manufacturer. Potentially allow for it to be reproduced. or otherwise protected through affected entities may include, but are vi. Provide specific examples to regulations.gov or e-mail. The not limited to: • illustrate your concerns and suggest regulations.gov website is an Crop production (NAICS code 111). alternatives. • ‘‘anonymous access’’ system, which Animal production (NAICS code vii. Explain your views as clearly as means EPA will not know your identity 112). possible, avoiding the use of profanity or contact information unless you • Food manufacturing (NAICS code or personal threats. provide it in the body of your comment. 311). viii. Make sure to submit your If you send an e-mail comment directly • Pesticide manufacturing (NAICS comments by the comment period to EPA without going through code 32532). deadline identified. regulations.gov, your e-mail address This listing is not intended to be 3. Environmental justice. EPA seeks to will be automatically captured and exhaustive, but rather provides a guide achieve environmental justice, the fair included as part of the comment that is for readers regarding entities likely to be treatment and meaningful involvement placed in the docket and made available affected by this action. Other types of of any group, including minority and/or on the Internet. If you submit an entities not listed in this unit could also low-income populations, in the electronic comment, EPA recommends be affected. The North American development, implementation, and that you include your name and other Industrial Classification System enforcement of environmental laws, contact information in the body of your (NAICS) codes have been provided to regulations, and policies. To help comment and with any disk or CD-ROM assist you and others in determining address potential environmental justice you submit. If EPA cannot read your whether this action might apply to issues, the Agency seeks information on comment due to technical difficulties certain entities. If you have any any groups or segments of the and cannot contact you for clarification, questions regarding the applicability of population who, as a result of their EPA may not be able to consider your this action to a particular entity, consult location, cultural practices, or other

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factors, may have atypical or caneberry subgroup 13-07A at 0.30 ppm; matrices. The LOQ = 0.05 ppm was disproportionately high and adverse and peach at 0.20 ppm. The analytical taken as the lowest level validated by human health impacts or environmental methods for detecting and measuring this method. Contacts: for PP 9E7546 – effects from exposure to the pesticides levels of clethodim have been Laura Nollen, (703) 305–7390, discussed in this document, compared developed and validated in/on all [email protected]; for PP 9F7547 – to the general population. appropriate agricultural commodities Jennifer Gaines, (703) 305–5967, and respective processing fractions. The [email protected]. II. What Action is the Agency Taking? limit of quantitation (LOQ) of clethodim 3. PP 9E7548. (EPA–HQ–OPP–2009– EPA is announcing its receipt of in the methods is 0.2 ppm, which 0302). IR-4, IR-4 Project Headquarters, several pesticide petitions filed under allows monitoring of food with residues 500 College Rd. East, Suite 201 W, section 408 of the Federal Food, Drug, at the levels proposed for the tolerances. Princeton, NJ 08540, proposes to and Cosmetic Act (FFDCA), 21 U.S.C. Contact: Sidney Jackson, (703) 305– establish a tolerance in 40 CFR part 180 346a, proposing the establishment or 7610, [email protected]. for residues of the insecticide diazinon modification of regulations in 40 CFR 2. PPs 9E7546 and 9F7547. (EPA– in or on mushrooms at 0.75 ppm. part 174 or part 180 for residues of HQ–OPP–2009–0273). IR-4, IR-4 Project Adequate analytical methodology is pesticide chemicals in or on various Headquarters, 500 College Rd. East, available for data collection and food commodities. EPA has determined Suite 201 W, Princeton, NJ 08540, enforcing tolerances of diazinon. The that the pesticide petitions described in proposes to establish a tolerance in 40 enforcement method (AG-550 and its this notice contain the data or CFR part 180 for residues of the modifications) is a gas chromatography/ information prescribed in FFDCA insecticide novaluron, N-[[[3-chloro-4- flame photometric detector (GC/FPD) section 408(d)(2); however, EPA has not [1,1,2-trifluoro-2- method that can be used for fully evaluated the sufficiency of the (trifluoromethoxy)ethoxy] determination of residues of diazinon, submitted data at this time or whether phenyl]amino]carbonyl]-2,6- diazoxon and hydroxyl diazinon in the data support granting of the difluorobenzamide in or on berry, low plant and animal matrices. There is also pesticide petitions. Additional data may growing, subgroup 13-07G at 0.50 ppm; a confirmatory method that uses gas be needed before EPA can make a final Swiss chard at 12 ppm; bean, snap, chromatography/mass spectrometry determination on these pesticide succulent at 0.60 ppm; bean, dry at 0.20 (GC/MS). The FDA PESTDATA database petitions. ppm; vegetable, cucurbit, group 9 at dated 1/94 (PAM Vol. 1, Appendix I) Pursuant to 40 CFR 180.7(f), a 0.25 ppm; and the following food indicates diazinon is completely summary of each of the petitions that commodities at 1.1 ppm; cocona; recovered using FDA Multi-residue are the subject of this notice, prepared eggplant, African; eggplant, pea; Protocols D and E (PAM, Vol. 1 Sections by the petitioner, is included in a docket eggplant, scarlet; goji berry; huckleberry, 232.4 and 311.1/212.2). Diazoxon and EPA has created for each rulemaking. garden; martynia; naranjilla; okra; hydroxyl diazinon are also completely The docket for each of the petitions is roselle; sunberry; tomato, bush; tomato, recovered using protocol D. Contact: available on-line at http:// currant; tomato, tree; and vegetable, Susan Stanton, (703) 305–5218, www.regulations.gov. fruiting, group 8. [email protected]. As specified in FFDCA section In addition, EPA received a pesticide 4. PP 8F7500. (EPA–HQ–OPP–2009– 408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is petition, PP 9F7547, from Makhteshim- 0139). Bayer CropScience, P. O. Box publishing notice of the petition so that Agan of North America, Inc., 4515 Falls 12014, 2 T. W. Alexander Dr., Research the public has an opportunity to of Neuse Rd., Raleigh, NC 27609, Triangle Park, NC 27709, proposes to comment on this request for the proposing to establish a tolerance for establish a tolerance in 40 CFR part 180 establishment or modification of residues of the insecticide novaluron, N- for residues of the insecticide regulations for residues of pesticides in [[[3-chloro-4-[1,1,2-trifluoro-2- spirodiclofen (3-(2,4-dichlorophenyl)-2- or on food commodities. Further (trifluoromethoxy)ethoxy] oxo-1-oxaspiro[4,5]dec-3-en-4-yl 2,2- information on the petition may be phenyl]amino]carbonyl]-2,6- dimethylbutanoate) in or on avocado obtained through the petition summary difluorobenzamide in or on sorghum, and the tropical fruit subgroup which referenced in this unit. grain at 3 ppm; sorghum, aspirated grain can be surrogated with avocado data, i.e. fractions at 25 ppm; sorghum, forage at black sapote, canistel, mamey sapote, New Tolerance 6 ppm, and sorghum, stover at 40 ppm. mango, papaya, sapodilla, and star 1. PP 8E7505. (EPA–HQ–OPP–2009– Makhteshim-Agan of North America, apple at 1.3 ppm. Adequate analytical 0307). The Interregional Research Inc. is the manufacturer and basic methodology using liquid Project Number 4 (IR-4), IR-4 Project registrant of novaluron. Makhteshim- chromatography/mass spectrometry/ Headquarters, 500 College Rd. East, Agan of North America, Inc., prepared mass spectrometry (LC/MS/MS) Suite 201 W, Princeton, NJ 08540, and summarized the information in detection is available. Contact: Rita proposes to establish a tolerance in 40 support of the subject pesticide Kumar, (703) 308–8291, CFR part 180 for the combined residues petitions for novaluron. [email protected]. of the herbicide, clethodim, ((E)-()-2-[1- An adequate analytical method, gas 5. PP 9F7537. (EPA–HQ–OPP–2009– [[(3-chloro-2- chromatography/electron capture 0263). Bayer CropScience LLC, 2 T. W. propenyl)oxy]imino]propyl]-5-[2- detector (GC/ECD), as published in the Alexander Dr., Research Triangle Park, (ethylthio)propyl]-3-hydroxy-2- Federal Register of April 5, 2006 (71 FR NC 27709, proposes to establish a cyclohexen-1-one) and its metabolites 65) (FRL–7756–8), is available for tolerance in 40 CFR part 180 for containing the 5-(2- enforcing tolerances of novaluron residues of the insecticide spirotetramat (ethylthio)propyl]cyclohexen-3-one and residues in or on cucurbits, fruiting (cis-3-(2,5-dimethlyphenyl)-8-methoxy- the 5-[2-(ethylthio)propyl]-5- vegetables, beans (snap and dry), low- 2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl hydroxycyclohexen-3-one moieties and growing berries, Swiss chard and grain carbonate]) and its metabolites BYI their sulfoxides and sulfones, expressed sorghum. The method verification trial 08330-enol (cis-3-(2,5-dimethylphenyl)- as clethodim, in or on artichoke, globe supports a limit of quantitation (LOQ) of 4-hydroxy-8-methoxy-1- at 1.3 parts per million (ppm); 0.05 ppm, and the limit of detection azaspiro[4.5]dec-3-en-2-one), BYI bushberry subgroup 13-07B at 3.0 ppm; (LOD) is 0.005 ppm for the different 08330-ketohydroxy (cis-3-(2,5-

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dimethylphenyl)-3-hydroxy-8-methoxy- sorghum. The method verification trial Docket Facility telephone number is 1-azaspiro[4.5]decane-2,4-dione), supports a LOQ of 0.05 ppm, and the (703) 305–5805. BYI08330-enol-Glc (cis-3-(2,5- LOD is 0.005 ppm for the different Instructions: Direct your comments to dimethylphenyl)-8-methoxy-2-oxo-1- matrices. The LOQ = 0.05 ppm was docket ID number EPA–HQ–OPP–2009– azaspiro[4.5]dec-3-en-4-yl beta-D- taken as the lowest level validated by 0254. EPA’s policy is that all comments glucopyranoside), and BYI 08330-mono- this method. Contact: Jennifer Gaines, received will be included in the docket hydroxy (cis-3-(2,5-dimethylphenyl)-4- (703) 305–5967, without change and may be made hydroxy-8-methoxy-1- [email protected]. available on-line at http:// azaspiro[4.5]decan-2-one), calculated as www.regulations.gov, including any spirotetramat equivalents in or on List of Subjects personal information provided, unless pistachio at 0.25 ppm; cotton, Environmental protection, the comment includes information undelinted seed at 0.4 ppm; acerola, Agricultural commodities, Feed claimed to be Confidential Business atemoya, avocado, birida, black sapote, additives, Food additives, Pesticides Information (CBI) or other information canistel, cherimoya, custard apple, and pests, Reporting and recordkeeping whose disclosure is restricted by statute. feijoa, jaboticaba, guava, ilama, longan, requirements. Do not submit information that you mamey sapote, mango, passionfruit, consider to be CBI or otherwise persimmon, pulasan, rambutan, Dated: May 22, 2009. protected through regulations.gov or e- sapodilla, soursop, spanish lime, star Daniel J. Rosenblatt, mail. The regulations.gov website is an apple, starfruit, sugar apple, wax jambu, Acting Director, Registration Division, Office ‘‘anonymous access’’ system, which and white sapote at 1.5 ppm; okra at 2.5 of Pesticide Programs. means EPA will not know your identity ppm; soybean at 3 ppm, vegetables, or contact information unless you [FR Doc. E9–13161 Filed 6–9–09; 8:45 am] legume, group 06 (except soybean) at 4 provide it in the body of your comment. ppm; plum, prune, dried at 4.5 ppm; BILLING CODE 6560–50–S If you send an e-mail comment directly vegetables, foliage of legume, except to EPA without going through soybean, subgroup 07A at 5 ppm; regulations.gov, your e-mail address cotton, gin byproducts at 7 ppm; ENVIRONMENTAL PROTECTION AGENCY will be automatically captured and soybean, forage at 9 ppm; soybean, included as part of the comment that is aspirated grain fractions at 10 ppm; [EPA–HQ–OPP–2009–0254; FRL–8413–2] placed in the docket and made available lychee at 12 ppm; and soybean, hay at on the Internet. If you submit an 16 ppm. Spirotetramat residues are Pesticide Products; Registration electronic comment, EPA recommends quantified in raw agricultural Applications that you include your name and other commodities by high pressure LC/MS/ AGENCY: Environmental Protection contact information in the body of your MS using the stable isotopically labeled Agency (EPA). comment and with any disk or CD-ROM analytes as internal standards. The LOQ ACTION: Notice. you submit. If EPA cannot read your for each analyte was 0.01 ppm for all comment due to technical difficulties commodities. Contact: Rita Kumar, (703) SUMMARY: This notice announces receipt and cannot contact you for clarification, 308–8291, [email protected]. of applications to register pesticide EPA may not be able to consider your Amended Tolerance products containing new active comment. Electronic files should avoid PP 9F7547. (EPA–HQ–OPP–2009– ingredients not included in any the use of special characters, any form 0273). Makhteshim-Agan of North currently registered products pursuant of encryption, and be free of any defects America, Inc., 4515 Falls of Neuse Rd., to the provisions of section 3(c)(4) of the or viruses. Raleigh, NC 27609, proposes to amend Federal Insecticide, Fungicide, and Docket: All documents in the docket the tolerances in 40 CFR 180.598 by Rodenticide Act (FIFRA), as amended. are listed in the docket index available requesting to increase the established DATES: Comments must be received on at http://www.regulations.gov. Although livestock tolerances for residues of the or before July 10, 2009. listed in the index, some information is insecticide novaluron, N-[[[3-chloro-4- ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other [1,1,2-trifluoro-2- identified by docket identification (ID) information whose disclosure is (trifluoromethoxy)ethoxy] number EPA–HQ–OPP–2009–0254, by restricted by statute. Certain other phenyl]amino]carbonyl]-2,6- one of the following methods: material, such as copyrighted material, difluorobenzamide in or on poultry, fat • Federal eRulemaking Portal: http:// is not placed on the Internet and will be from 0.40 ppm to 7.0 ppm; poultry, www.regulations.gov. Follow the on-line publicly available only in hard copy meat from 0.03 ppm to 0.40 ppm; instructions for submitting comments. form. Publicly available docket poultry, meat byproducts from 0.04 ppm • Mail: Office of Pesticide Programs materials are available either in the to 0.80 ppm; hog, fat from 0.05 ppm to (OPP) Regulatory Public Docket (7502P), electronic docket at http:// 1.5 ppm; hog, meat from 0.01 ppm to Environmental Protection Agency, 1200 www.regulations.gov, or, if only 0.07 ppm; hog, meat byproducts from Pennsylvania Ave., NW., Washington, available in hard copy, at the OPP 0.01 ppm to 0.15 ppm; and eggs from DC 20460–0001. Regulatory Public Docket in Rm. S– 0.05 ppm to 1.5 ppm. Makhteshim-Agan • Delivery: OPP Regulatory Public 4400, One Potomac Yard (South Bldg.), of North America, Inc. is the Docket (7502P), Environmental 2777 S. Crystal Dr., Arlington, VA. The manufacturer and basic registrant of Protection Agency, Rm. S–4400, One hours of operation of this Docket novaluron. An adequate analytical Potomac Yard (South Bldg.), 2777 S. Facility are from 8:30 a.m. to 4 p.m., method, GC/ECD, as published in the Crystal Dr., Arlington, VA. Deliveries Monday through Friday, excluding legal Federal Register of April 5, 2006 (71 FR are only accepted during the Docket holidays. The Docket Facility telephone 65) (FRL–7756–8), is available for Facility’s normal hours of operation number is (703) 305–5805. enforcing tolerances of novaluron (8:30 a.m. to 4 p.m., Monday through FOR FURTHER INFORMATION CONTACT: residues in or on cucurbits, fruiting Friday, excluding legal holidays). Marshall Swindell, Antimicrobials vegetables, beans (snap and dry), low- Special arrangements should be made Division (7510P), Office of Pesticide growing berries, Swiss chard and grain for deliveries of boxed information. The Programs, Environmental Protection

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Agency, 1200 Pennsylvania Ave., NW., or organize comments by referencing a ENVIRONMENTAL PROTECTION Washington, DC 20460–0001; telephone Code of Federal Regulations (CFR) part AGENCY number: (703) 308–6341; e-mail address: or section number. [FRL–8915–9] [email protected]. iii. Explain why you agree or disagree; SUPPLEMENTARY INFORMATION: suggest alternatives and substitute Notice of Proposed Administrative language for your requested changes. Settlement Pursuant to the I. General Information iv. Describe any assumptions and Comprehensive Environmental provide any technical information and/ A. Does this Action Apply to Me? Response, Compensation, and Liability or data that you used. Act You may be potentially affected by v. If you estimate potential costs or this action if you are an agricultural burdens, explain how you arrived at AGENCY: Environmental Protection producer, food manufacturer, or your estimate in sufficient detail to Agency. pesticide manufacturer. Potentially allow for it to be reproduced. ACTION: Notice; request for public affected entities may include, but are vi. Provide specific examples to comment. not limited to: illustrate your concerns and suggest • Crop production (NAICS code 111). alternatives. SUMMARY: In accordance with section • Animal production (NAICS code vii. Explain your views as clearly as 122(h)(1) of the Comprehensive 112). possible, avoiding the use of profanity Environmental Response, • Food manufacturing (NAICS code or personal threats. Compensation, and Liability Act, as 311). viii. Make sure to submit your • amended (‘‘CERCLA’’), 42 U.S.C. Pesticide manufacturing (NAICS comments by the comment period 9622(h)(1), notice is hereby given of a code 32532). deadline identified. proposed administrative settlement This listing is not intended to be II. Registration Applications concerning the State Road 144 Ground exhaustive, but rather provides a guide Water Plume Superfund Site, Levelland, for readers regarding entities likely to be EPA received applications as follows Hockley County, Texas. affected by this action. Other types of to register pesticide products containing The settlement requires the Farmers’ entities not listed in this unit could also active ingredients not included in any Co-Operative Elevator Association of be affected. The North American previously registered products pursuant Levelland, Texas settling party to pay a Industrial Classification System to the provision of section 3(c)(4) of total of $60,000 as payment of response (NAICS) codes have been provided to FIFRA. Notice of receipt of these costs to the Hazardous Substances assist you and others in determining applications does not imply a decision Superfund. The settlement includes a whether this action might apply to by the Agency on the applications. covenant not to sue pursuant to sections File Symbol: 52484-G. Applicant: The certain entities. If you have any 106 and 107(a) of CERCLA, 42, U.S.C. Lubrizol Corporation, 29400 Lakeland questions regarding the applicability of 9606 and 9607(a). Blvd., Wickliffe, OH 44092–2298, this action to a particular entity, consult For thirty (30) days following the date submitted by Keller and Heckman, LLC, the person listed under FOR FURTHER of publication of this notice, the Agency 1001 G St., NW., Washington, DC 20001. INFORMATION CONTACT. will receive written comments relating Product Name: Contram ST-1. Active to this notice and will receive written B. What Should I Consider as I Prepare Ingredient: N,N,’– comments relating to the settlement. My Comments for EPA? methylenebismorpholine at 98.5%. The Agency will consider all comments Proposal classification/Use: Materials 1. Submitting CBI. Do not submit this received and may modify or withdraw preservative used to suppress the information to EPA through its consent to the settlement if growth of bacteria in metalworking regulations.gov or e-mail. Clearly mark comments received disclose facts or fluids, cutting, cooling, and lubricating the part or all of the information that considerations which indicate that the fluid concentrates. you claim to be CBI. For CBI settlement is inappropriate, improper, File Symbol: 85808-R. Applicant: information in a disk or CD-ROM that or inadequate. The Agency’s response to Schulke and Mayr GmBH, Robert-Koch you mail to EPA, mark the outside of the any comments received will be available Str. 2, 22851 Norderstedt, Germany, disk or CD-ROM as CBI and then for public inspection at 1445 Ross submitted by Technology Sciences identify electronically within the disk or Avenue, Dallas, Texas 75202–2733. CD-ROM the specific information that is Group Inc., 1150 18th St., NW., Suite claimed as CBI. In addition to one 1000, Washington, DC 20036. Product DATES: Comments must be submitted on complete version of the comment that Name: Stabicide 71. Active Ingredient: or before July 10, 2009. includes information claimed as CBI, a N,N’–methylenebis (5– ADDRESSES: The proposed settlement copy of the comment that does not methyloxazolidin) 99%. Proposal and additional background information contain the information claimed as CBI classification/Use: Materials relating to the settlement are available must be submitted for inclusion in the preservative used to suppress the for public inspection at 1445 Ross public docket. Information so marked growth of bacteria in metalworking Avenue, Dallas, Texas 75202–2733. A will not be disclosed except in fluids, drilling muds, and fuels. copy of the proposed settlement may be accordance with procedures set forth in obtained from Kenneth Talton, 1445 40 CFR part 2. List of Subjects Ross Avenue, Dallas, Texas 75202–2733 2. Tips for preparing your comments. Environmental protection, Pesticides or by calling (214) 665–7475. Comments When submitting comments, remember and pest. should reference the State Road 114 Ground Water Superfund Site, to: Dated: May 26, 2009. i. Identify the document by docket ID Levelland, Hockley County, Texas, and Joan Harrigan Farrelly, number and other identifying EPA Docket Number 06–12–08, and information (subject heading, Federal Director, Antimicrobials Division, Office of should be addressed to Kenneth Talton Pesticide Programs. Register date and page number). at the address listed above. ii. Follow directions. The Agency may [FR Doc. E9–13586 Filed 6–9–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: ask you to respond to specific questions BILLING CODE 6560–50–S Joseph E. Compton, III, 1445 Ross

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Avenue, Dallas, Texas 75202–2733 or to a particular entity, consult the person cumulative risk assessment and the call (214) 665–8506. listed under FOR FURTHER INFORMATION Endangered Species Program. Further, Dated: May 28, 2009. CONTACT. in addition to the revised risk mitigation, which is captured in the Miguel I. Flores, B. How Can I Get Copies of this Summary of Labeling Changes for Acting Deputy Regional Administrator, Document and Other Related Permethrin (label table), the Agency has Region 6. Information? incorporated a number of revisions to [FR Doc. E9–13592 Filed 6–9–09; 8:45 am] 1. Docket. EPA has established a the label table to reflect updates in BILLING CODE 6560–50–P docket for this action under docket labeling on permethrin residential, identification (ID) number EPA–HQ– agricultural, and wide area public OPP–2004–0385. Publicly available ENVIRONMENTAL PROTECTION health use products. docket materials are available either in AGENCY the electronic docket at http:// B. What is the Agency’s Authority for [EPA–HQ–OPP–2004–0385; FRL–8420–7] www.regulations.gov, or, if only Taking this Action? available in hard copy, at the Office of Section 4(g)(2) of FIFRA, as amended, Permethrin; Second Revision to Pesticide Programs (OPP) Regulatory directs that, after submission of all data Reregistration Eligibility Decision Public Docket in Rm. S–4400, One concerning a pesticide active ingredient, AGENCY: Environmental Protection Potomac Yard (South Bldg.), 2777 S. ‘‘the Administrator shall determine Agency (EPA). Crystal Dr., Arlington, VA. The hours of whether pesticides containing such operation of this Docket Facility are active ingredient are eligible for ACTION: Notice. from 8:30 a.m. to 4 p.m., Monday reregistration,’’ before calling in product SUMMARY: This notice announces EPA’s through Friday, excluding legal specific data on individual end-use decision to modify the 2006 holidays. The Docket Facility telephone products and either reregistering Reregistration Eligibility Decision (RED) number is (703) 305–5805. products or taking other ‘‘appropriate for the pesticide permethrin based on 2. Electronic access. You may access regulatory action.’’ this Federal Register document the revised occupational and residential List of Subjects (ORE) risk assessment. EPA conducted electronically through the EPA Internet this reassessment of the permethrin RED under the ‘‘Federal Register’’ listings at Environmental protection, Pesticides in response to new data submitted by http://www.epa.gov/fedrgstr. and pests, Permethrin. the Consumer Specialty Product II. Background Dated: June 1, 2009. Association, Permethrin Dermal Richard P. Keigwin, Jr. A. What Action is the Agency Taking? Absorption Group. Based on the new Director, Special Review and Reregistration data received, the Agency has revised Section 4 of the Federal Insecticide, Division, Office of Pesticide Programs. the ORE risk assessment and the Fungicide, and Rodenticide Act (FIFRA) [FR Doc. E9–13474 Filed 6–9–09; 8:45 am] permethrin RED, appropriately. In directs EPA to reevaluate existing BILLING CODE 6560–50–S addition, the Agency revised the pesticides to ensure that they meet permethrin label table to reflect the current scientific and regulatory updated labeling for permethrin standards. In April 2006, EPA issued a FEDERAL COMMUNICATIONS residential, agricultural, and wide area reregistration eligibility decision (RED) COMMISSION public health use products. for permethrin under section 4(g)(2)(A) FOR FURTHER INFORMATION CONTACT: of FIFRA. The 2006 permethrin RED Notice of Public Information Jacqueline Guerry, Special Review and was first revised in December 2007 Collection(s) Being Submitted for Reregistration Division (7508P), Office based on public comments and post- Review to the Office of Management of Pesticide Programs, Environmental RED activities. However, the Agency has and Budget, Comments Requested Protection Agency, 1200 Pennsylvania completed this most recent RED June 4, 2009. Ave., NW., Washington, DC 20460– revision following receipt of a new 0001; telephone number: (215) 814– study, Estimated Dermal Penetration in SUMMARY: The Federal Communications 2184; fax number: (215) 814–3113; e- Humans Based on In Vitro and In Vivo Commission, as part of its continuing mail address: Data, submitted by the Consumer effort to reduce paperwork burden [email protected]. Specialty Products Association, invites the general public and other Permethrin Dermal Absorption Group. Federal agencies to take this SUPPLEMENTARY INFORMATION: The amended permethrin RED reflects opportunity to comment on the I. General Information changes resulting from Agency following information collection(s), as consideration of the new data, as well required by the Paperwork Reduction A. Does this Action Apply to Me? as efforts by the Agency to appropriately Act (PRA) of 1995, 44 U.S.C. 3501–3520. This action is directed to the public mitigate overall risk. An agency may not conduct or sponsor in general, and may be of interest to a The new data served to revise the a collection of information unless it wide range of stakeholders including dermal absorption factor relied upon in displays a currently valid control environmental, human health, farm the cancer portion of the occupational number. No person shall be subject to worker and agricultural advocates; the and residential exposure (ORE) risk any penalty for failing to comply with chemical industry; pesticide users; and assessment from 15% to 5.7%. The a collection of information subject to the members of the public interested in the revised RED captures the recent ORE Paperwork Reduction Act (PRA) that sale, distribution, or use of pesticides. cancer risk assessment, and also does not display a valid control number. Since others also may be interested, the modifies the required risk mitigation Comments are requested concerning (a) Agency has not attempted to describe all appropriately. The Agency has also whether the proposed collection of the specific entities that may be affected revised the RED document to reflect the information is necessary for the proper by this action. If you have any questions current status of Office of Pesticide performance of the functions of the regarding the applicability of this action Program initiatives, such as the Commission, including whether the

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information shall have practical utility; Estimated Time per Response: .25 information such as name, address, and (b) the accuracy of the Commission’s hours. type of vessel, with a private entity burden estimate; (c) ways to enhance Frequency of Response: On occasion issuing marine mobile service identities the quality, utility, and clarity of the reporting requirement and third party (MMSI). The Commission collects this information collected; and (d) ways to disclosure requirement. information and assigns MMSIs through minimize the burden of the collection of Obligation To Respond: Required to the ship station licensing process; information on the respondents, obtain or retain benefits. There is no however, those ship stations operating including the use of automated statutory authority for this information domestically are not required to obtain collection techniques or other forms of collection. The reporting requirement is an individual license and are licensed information technology. in international agreements and ITU–R by rule. The Commission developed M.541–9. DATES: procedures to privatize the issuance of Written Paperwork Reduction Total Annual Burden: 10,000 hours. Act (PRA) comments should be MMSIs by providing blocks of MMSI Total Annual Cost: None. numbers to qualified entities for submitted on or before July 10, 2009. If Privacy Act Impact Assessment: Yes. you anticipate that you will be Nature and Extent of Confidentiality: distribution to ship vessel operators that submitting PRA comments but find it There is a need for confidentiality with are not required by law to carry a radio difficult to do so within the period of respect to all owners of Marine VHF and do not make international voyages time allowed by this notice, you should radios with Digital Selective Calling or communications. advise the FCC contact listed below as (DSC) capability in this information The Commission has a Memorandum soon as possible. collection. Pursuant to section 208(b) of of Understanding (MOU) with the U.S. Coast Guard and the private entities to ADDRESSES: Direct all PRA comments to the E-Government Act of 2002, 44 collect the data that is on Attachment A. Nicholas A. Fraser, Office of U.S.C. 3501, in conformance with the The information would be used by Management and Budget, via fax at 202– Privacy Act of 1974, 5 U.S.C. 552(a), the search and rescue personnel to identify 395–5167 or via Internet at Wireless Telecommunications Bureau vessels in distress and to select the [email protected] and instructs licensees to use the FCC proper rescue units and search methods. to [email protected], Federal Universal Licensing System (ULS), The requirement to collect this Communications Commission, or an e- Antenna Structure Registration (ASR), information is not contained in a formal mail to [email protected]. To view a copy of Commission Registration System FCC order, but in the agreements the this information collection request (ICR) (CORES) and related systems and FCC executes with private sector submitted to OMB: (1) Go to the Web subsystems to submit information. entities that issue MMSIs and 47 CFR page http://reginfo.gov/public/do/ CORES is used to receive an FCC 80.103, which requires ship owners PRAMain, (2) look for the section of the Registration Number (FRN) and using VHF radios with DSC to have an Web page called ‘‘Currently Under password, after which one must register MMSI. Review,’’ (3) click on the downward- all current call signs and ASR numbers The information is used by private pointing arrow in the ‘‘Select Agency’’ associated with a FRN within the entities to maintain a database used to box below the ‘‘Currently Under bureau’s system of records (ULS provide information about the vessel Review’’ heading, (4) select ‘‘Federal database). Although ULS stores all owner in distress using marine VHF Communications Commission’’ from the information pertaining to the individual radios with DSC capability. If the list of agencies presented in the ‘‘Select license via the FRN, confidential collection were not conducted, the U.S. Agency’’ box, (5) click the ‘‘Submit’’ information is accessible only by Coast Guard would not have access to button to the right of the ‘‘Select persons or entities that hold the this information, which would increase Agency’’ box, and (6) when the list of password for each account, and the the time needed to complete a search FCC ICRs currently under review bureau’s Licensing Division staff. Upon and rescue operation. appears, look for the title of this ICR (or the request of FRN, the individual its OMB Control Number, if there is one) licensee is consenting to make publicly Federal Communications Commission. and then click on the ICR Reference available, via the ULS database, all Marlene H. Dortch, Number to view detailed information information that is not confidential in Secretary. about this ICR. nature. [FR Doc. E9–13645 Filed 6–9–09; 8:45 am] Needs and Uses: The Commission FOR FURTHER INFORMATION CONTACT: For BILLING CODE 6712–01–P additional information or copies of the will submit this information collection information collection(s), contact Judith to the OMB for review and approval in B. Herman at 202–418–0214 or via the order to obtain the full three-year FEDERAL COMMUNICATIONS Internet at [email protected]. clearance from them. The Commission COMMISSION is requesting approval of an extension SUPPLEMENTARY INFORMATION: (no change in the reporting and/or third Notice of Public Information OMB Control Number: 3060–0931. party disclosure requirements). There is Collection(s) Being Reviewed by the Title: Sections 0.131 and 80.103, a significant increase in the estimated Federal Communications Commission, Digital Selective Calling (DSC) burden hours, which is due to an Comments Requested Operating Procedures—Maritime Mobile adjusted increase in the number of Identity (MMSI). respondents/responses, which was June 3, 2009. Form Number: N/A. 2,000 in 2006 and 40,000 at this time of SUMMARY: The Federal Communications Type of Review: Extension of an submission to the OMB. Therefore, the Commission, as part of its continuing existing collection. hourly burden has increased from 1,000 effort to reduce paperwork burden Respondents: Individuals or hours in 2006 to 10,000 hours at this invites the general public and other households, businesses or other for- time. Federal agencies to take this profit and Federal Government. This information collection is opportunity to comment on the Number of Respondents and necessary to require owners of marine following information collection(s), as Responses: 40,000 respondents; 40,000 VHF radios with Digital Selective required by the Paperwork Reduction responses. Calling (DSC) capability to register Act (PRA) of 1995, 44 U.S.C. 3501–3520.

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An agency may not conduct or sponsor Nature and Extent of Confidentiality: Frequency of Response: On occasion a collection of information unless it The Commission is not requesting that reporting requirement and third party displays a currently valid control respondents submit confidential disclosure requirement. number. No person shall be subject to information to the FCC. However, Obligation to Respond: Required to any penalty for failing to comply with respondents may request confidential obtain or retain benefits. a collection of information subject to the treatment of information they believe to Total Annual Burden: 7,500 hours. Paperwork Reduction Act (PRA) that be confidential under 47 CFR 0.459 of Total Annual Cost: N/A. does not display a valid control number. the Commission’s rules. Privacy Act Impact Assessment: N/A. Comments are requested concerning (a) Needs and Uses: The Commission Nature and Extent of Confidentiality: whether the proposed collection of will submit this information collection The Commission is not requesting that information is necessary for the proper to the Office of Management and Budget respondents submit confidential performance of the functions of the (OMB) after this 60-day comment period information to the FCC. However, Commission, including whether the in order to obtain the full three-year respondents may request confidential information shall have practical utility; clearance from them. The Commission treatment of information they believe to (b) the accuracy of the Commission’s is requesting an extension (no change in be confidential under 47 CFR 0.459 of burden estimate; (c) ways to enhance the on reporting and/or third party the Commission’s rules. the quality, utility, and clarity of the disclosure requirements). There is a Needs and Uses: The Commission information collected; and (d) ways to change in the estimated total annual will submit this information collection minimize the burden of the collection of burden. During the conduct of the to the Office of Management and Budget information on the respondents, Commission’s review of this (OMB) after this 60-day comment period including the use of automated information collection, it was in order to obtain the full three-year collection techniques or other forms of discovered that a typographical error clearance from them. The Commission information technology. was made in the calculation of the is requesting a revision of this information collection. There is no DATES: Written Paperwork Reduction burden hours for the 2005 extension. change in the estimated burden hours. Act (PRA) comments should be The total estimated number of burden As detailed in the Supporting Statement submitted on or before August 10, 2009. hours should have been reported as that will be submitted to the OMB for If you anticipate that you will be 9,200 hours rather than 6,200 hours review and approval, the Commission submitting PRA comments, but find it reported to OMB. With this submission proposes changes to certain parts of the difficult to do so within the period of to the OMB, we are reporting more FCC Form 498 to improve the efficiency time allowed by this notice, you should accurate estimates. of administering the universal service advise the FCC contact listed below as Section 214(e)(6) states that a support mechanism. Specifically, the soon as possible. telecommunications carrier that is not subject to the jurisdiction of a state may Commission proposes: ADDRESSES: Direct all PRA comments to (1) adding two options for service request that the Commission determine Nicholas A. Fraser, Office of providers to indicate the reason for whether it is eligible to receive Management and Budget, via fax at 202– submitting the FCC Form 498; 395–5167 or via Internet at universal service support. The (2) clarifying the information for the [email protected] and Commission must evaluate whether general contact person, the program to [email protected], Federal such telecommunications carriers meet specific contact persons, and the officer Communications Commission, and an e- the eligibility criteria set forth in the certifying the form; mail to [email protected]. Act. The Commission concluded that (3) requiring the submission of the petitions for designation filed under FOR FURTHER INFORMATION CONTACT: For service provider’s Dunn and Bradstreet additional information, contact Judith B. Section 214(e)(6) relating to ‘‘near number; Herman at 202–418–0214 or via the reservation’’ areas will not be (4) eliminating the option to receive Internet at [email protected]. considered as petitions relating to tribal paper checks and requiring financial lands and as a result, petitioners seeking SUPPLEMENTARY INFORMATION: institution remittance information in eligible telecommunications carrier OMB Control Number: 3060–0810. order to make electronic disbursements (ETC) designation in such areas must Title: Procedures for Designation of in accordance with the requirements of follow the procedures outlined in CC Eligible Telecommunications Carriers the Debt Collection Improvement Act of Docket No. 96–45, Twelfth Report and (ETCs) Pursuant to Section 214(e)(6) of 1996; Order and Further Notice of Proposed the Communications Act of 1934, as (5) requiring the submission of study Rulemaking, FCC 00–208 (rel. June 8, amended. area codes for service providers that 2000), (Tribal Lands Order), for non- Form No.: N/A. receive High-Cost and Low-Income Type of Review: Extension of a tribal lands prior to submitting a request support; and currently approved collection. for designation to this Commission (6) giving service providers the option Respondents: Business or other for- under Section 214(e)(6). of choosing more than one business profit entities. OMB Control Number: 3060–0824. description for their companies. Number of Respondents: 100 Title: Service Provider Identification The information collected on FCC respondents; 100 responses. Number (SPIN) and Contact Form. Form 498 is used by the Universal Estimated Time per Response: 2–60 Form No.: FCC Form 498. Service Administrative Company hours. Type of Review: Revision of a (USAC) to disburse federal universal Frequency of Response: On occasion currently approved collection. service support consistent with the reporting requirement and third party Respondents: Business or other for- specifications of carriers and service disclosure requirement. profit entities and not-for-profit providers who participate and receive Obligation to Respond: Required to institutions. support from any of the four universal obtain or retain benefits. Number of Respondents: 5,000 service support mechanisms (High-Cost, Total Annual Burden: 9,200 hours. respondents; 5,000 responses. Low-Income, Rural Health Care and Total Annual Cost: N/A. Estimated Time Per Response: 1.5 Schools and Libraries). FCC Form 498 Privacy Act Impact Assessment: N/A. hours. submissions also provide USAC with

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updated contact information, enabling FEDERAL COMMUNICATIONS Type of Review: Revision of a USAC to contact universal service fund COMMISSION currently approved collection. participants when necessary. Respondents: Business or other for- OMB Control Number: 3060–0876. Notice of Public Information profit entities; not-for-profit institutions; Collection(s) Being Reviewed by the Title: Section 54.703, USAC Board of State, local or tribal governments. Federal Communications Commission, Directors Nomination Process and Number of Respondents and Comments Requested Sections 54.719 through 54.725, Review Responses: 200 respondents; 1,800 responses. of Administrator’s Decision. June 2, 2009. Estimated Time per Response: 0.50 Form No.: N/A. SUMMARY: As part of its continuing effort hour–85 hours. to reduce paperwork burden and as Type of Review: Extension of a Frequency of Response: On occasion required by the Paperwork Reduction currently approved collection. reporting requirement; Quarterly Act (PRA) of 1995 (44 U.S.C. 3501– Respondents: Business or other for- reporting requirement; Third party 3520), the Federal Communications profit entities and not-for-profit disclosure requirement. Commission invites the general public institutions. Obligation to Respond: Required to and other Federal agencies to comment Number of Respondents: 1,312 obtain benefits. The statutory authority on the following information respondents; 1,312 responses. for this collection of information is collection(s). Comments are requested contained in Sections 4(i), 303(r), 335, Estimated Time Per Response: 20–32 concerning (a) whether the proposed and 336 of the Communications Act of hours. collection of information is necessary 1934, as amended, 47 U.S.C. 154(i), Frequency of Response: On occasion for the proper performance of the 303(r), 335, and 336. reporting requirement and third party functions of the Commission, including Total Annual Burden: 10,940 hours. disclosure requirement. whether the information shall have Obligation to Respond: Voluntary. practical utility; (b) the accuracy of the Total Annual Cost: None. Total Annual Burden: 41,840 hours. Commission’s burden estimate; (c) ways Confidentiality: No need for to enhance the quality, utility, and confidentiality required with this Total Annual Cost: N/A. collection of information. Privacy Act Impact Assessment: N/A. clarity of the information collected; and (d) ways to minimize the burden of the Privacy Impact Assessment: No Nature and Extent of Confidentiality: collection of information on the impact(s). The Commission is not requesting that respondents, including the use of Needs and Uses: After the nationwide respondents submit confidential automated collection techniques or DTV transition date of June 12, 2009, information to the FCC. However, other forms of information technology. full-power television broadcast stations respondents may request confidential An agency may not conduct or sponsor must transmit only digital signals, and treatment of information they believe to a collection of information unless it may no longer transmit analog signals, be confidential under 47 CFR 0.459 of displays a currently valid OMB control except for limited analog ‘‘nightlight’’ the Commission’s rules. number. No person shall be subject to service. The DTV Delay Act directs the Needs and Uses: The Commission any penalty for failing to comply with Commission to take any actions will submit this information collection a collection of information subject to the ‘‘necessary or appropriate to implement to the Office of Management and Budget Paperwork Reduction Act that does not the provisions, and carry out the (OMB) after this 60 day comment period display a valid OMB control number. purposes’’ of the DTV Delay Act, and to in order to obtain the full three year do so within 30 days. Congress DATES: Written PRA comments should clearance from them. The Commission extended the transition date in order to be submitted on or before August 10, is requesting an extension (no change in permit analog service to continue until 2009. If you anticipate that you will be the on reporting and/or third party consumers have had additional time to submitting comments, but find it disclosure requirements). There is no prepare. But Congress also directed the difficult to do so within the period of change in the estimated burden hours. Commission to provide flexibility for time allowed by this notice, you should Section 54.703 states that industry stations wanting to transition prior to advise the contact listed below as soon the new date. Stations may have made and non-industry groups may submit to as possible. the Commission for approval extensive preparations for a February 17 ADDRESSES: nominations for individuals to be You may submit all PRA digital transition and some may have appointed to the Universal Service comments by email or U.S. post mail. difficulty altering their commitments at Administrative Company (USAC) Board To submit your comments by email, this time. The Commission’s challenge of Directors. send them to [email protected]. To submit is to provide opportunities for some your comments by U.S. mail, mark them Sections 54.719 through 54.725 stations to end analog broadcasting early to the attention of Cathy Williams, without sacrificing the goal of giving describes the procedures for Federal Communications Commission, Commission review of USAC decisions consumers additional time to prepare. Room 1–C823, 445 12th Street, SW., Therefore, Commission is revising including the general filing Washington, DC 20554. requirements pursuant to which parties this information collection to eliminate FOR FURTHER INFORMATION CONTACT: must file requests for review. The For most of the requirements after June 30, information is used by the Commission additional information about the 2009; however, broadcasters must to select USAC’s Board of Directors and information collection(s), contact Cathy continue to comply with the consumer to ensure that requests for review are Williams at (202) 418–2918 or send an education information collection filed properly with the Commission. email to [email protected]. requirements until they have completed, SUPPLEMENTARY INFORMATION: and are operating, their final, full- Federal Communications Commission. OMB Control Number: 3060–1115. authorized post-transition (DTV) Marlene H. Dortch, Title: DTV Consumer Education facility. Secretary. Initiative; Section 73.674; FCC Form The information collection [FR Doc. E9–13659 Filed 6–9–09; 8:45 am] 388. requirements that will remain in the BILLING CODE 6712–01–P Form Number: FCC Form 388. collection are as follows:

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Broadcaster Education and Reporting must complete these filings every Change in Official Mailing Address (47 CFR 73.674) quarter until they complete their for Broadcast Station (47 CFR 1.5). (a) On-Air Education. Broadcasters transition to digital-only operations and Broadcast stations may file this form to must provide on-air DTV Transition are operating their final, full-authorized report any changes in the station’s consumer education information (e.g., post-transition (DTV) facility. mailing address, but cannot use this via Public Service Announcements OMB Control Number: 3060–0386. form to correct or change the name of Title: Special Temporary (PSAs), information crawls, snipes or the licensee. Authorization (STA) Requests; tickers) to their viewers. Broadcasters Consummation Notice. Broadcast Notifications; and Informal Filings; must comply with one of three stations may file this form to notify the Sections 1.5, 73.1615, 73.1635 and alternative sets of rules as provided in Commission when an assignment of 73.1740; CDBS Informal Forms. license or transfer of control is the Report and Order. Stations must also Form Number: Not applicable. consummated. The form also may be provide the following additional Type of Review: Revision of a used by the station to request an information: (1) Geographically specific currently approved collection. extension of time to consummate. information detailing areas that are Respondents: Business or other for- Silent Notifications (47 CFR 73.1740). covered by the Grade B analog contour profit entities; not-for-profit institutions. Broadcast stations (AM, FM, TV or Class but are not predicted to receive digital Number of Respondents and A TV licensees) may file this form to service; (2) educational information Responses: 2,650 respondents; 2,650 notify the Commission of the station’s describing areas where analog signal responses. suspension of broadcast operations strength is generally sufficient for Estimated Time per Response: 0.50 pursuant to 47 CFR 73.1740. Broadcast viewers to rely on an indoor antenna but hour–4 hours. stations also may use this form to where it is likely that they will need an Frequency of Response: On occasion request a silent STA or extension outdoor antenna to receive the digital reporting requirement. thereof. Types of Silent Notifications Obligation to Respond: Required to signal; (3) information to consumers include Silent STA, Notification of obtain or retain benefits. The statutory about the need to periodically ‘‘rescan’’ Suspension, Resumption of Operations, authority for this information collection when using over-the-air digital and Extension of Silent STA Request. reception equipment, particularly is contained in Sections 1, 4(i) and (j), Section 73.1615 notifications (47 CFR through the end of the transition; (4) 7, 301, 302, 303, 307, 308, 309, 312, 316, § 73.1615). Broadcast stations (AM, FM, stations that are changing their 318, 319, 324, 325, 336, and 337 of the TV or Class A TV licensees) must file a broadcast frequency from VHF to UHF Communications Act of 1934, as notification under 47 CFR 73.1615(c) (or vice versa), information to amended. when such a station is in the process of Confidentiality: No need for consumers about the need for additional modifying existing facilities as confidentiality required with this or different equipment to avoid loss of authorized by a construction permit and collection of information. service. Stations may include this determines it is necessary to either information to satisfy part of their Total Annual Burden: 2,860. Total Annual Costs: $539,660. discontinue operation or to operate with existing PSA requirements. In addition, Privacy Impact Assessment(s): No temporary facilities to continue program if applicable, stations must provide impact(s). service for a period not more than 30 specific notice to analog viewers who Needs and Uses: The Commission is days. Licensees or permittees of are likely to lose over-the-air service revising this information collection to directional or nondirectional FM, TV or from the station due to changes in the eliminate the information collection Class A TV or nondirectional AM must geographic coverage area or population requirements necessitated by the DTV file a notification and comply with 47 served by the station during or after the transition. After the June 12, 2009 CFR 73.1615(a). Licensees or permittees transition. Broadcasters must continue nationwide transition deadline, there of a directional AM station whose to provide on air education to their will be no further need for these DTV modification does not involve a change viewers until they complete their transition-related collections. In in operating frequency must file a transition to digital-only operations and addition, the Commission is revising notification and comply with 47 CFR are operating their final, full-authorized this collection to update the specific 73.1615(b). Licensees or permittees of a post-transition (DTV) facility. In most Informal Application filing forms that directional AM station whose cases, stations will be operating at full- may be filed electronically through the modification does involve a change in authorized post-transition (DTV) Commission’s Consolidated Database frequency and determines it is necessary facilities no later than the June 12, 2009 System (‘‘CDBS’’). to discontinue operation for a period not nationwide transition deadline, but, in The following information collection more than 30 days must file a some cases, stations will not have requirements are contained in this notification and comply with 47 CFR completed construction of their final, collection: 73.1615(d)(2). fully-authorized DTV facility by June 12 Special Temporary Authority (STA) Section 73.1615 informal letter and, therefore, must continue to provide Requests (47 CFR 73.1635). Broadcast requests (47 CFR 73.1615). Broadcast on-air DTV Transition consumer stations (AM, FM, TV, Class A TV or stations (AM, FM, TV or Class A TV education information to their viewers. LPTV licensees or permittees) may file licensees or permittees) must file an (b) DTV Consumer Education a request for STA approval to permit a informal letter request under 47 CFR Quarterly Activity Report, FCC Form station to operate a broadcast facility for 73.1615(c)(1) when such a station is in 388. Broadcasters must electronically a limited period at a specified variance the process of modifying existing file a report about its DTV Transition from the terms of the station’s facilities pursuant to 47 CFR 73.1615(a) consumer education efforts to the authorization or requirements of the or (b) and determines it is necessary to Commission on a quarterly basis. FCC rules. Stations may file a request either discontinue operation or to Broadcasters must begin filing these for STA approval for a variety of operate with temporary facilities to quarterly reports no later than April 10, reasons. The request must describe the continue program service for a period of 2008. In addition, if the broadcaster has operating modes and facilities to be more than 30 days. Licensees or a public Web site, they must post these used. Types of STA requests include permittees that filed notifications under reports on that Web site. Broadcasters Engineering and Legal STAs. 47 CFR 73.1615(d)(2) but which

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determine that it is necessary to to [email protected], Federal handset-based solutions, or hybrid discontinue operation for a period more Communications Commission (FCC). To solutions. The rules require changes than 30 days must file an informal letter submit your comments by e-mail send both to handsets and wireless networks request and comply with 47 CFR them to: [email protected]. in providing caller location information 73.1615(d)(1) and (2). To view a copy of this information as part of Enhanced 911 (E911) services. Federal Communications Commission. collection request (ICR) submitted to The Commission adopted the Third Marlene H. Dortch, OMB: (1) Go to the Web page http:// R&O to encourage the deployment of the www.reginfo.gov/public/do/PRAMain, best location technology for each area Secretary. (2) look for the section of the Web page being served, promote competition in [FR Doc. E9–13656 Filed 6–9–09; 8:45 am] called ‘‘Currently Under Review’’, (3) E911 location technology, and speed BILLING CODE 6712–01–P click the downward-pointing arrow in implementation of E911. As part of the the ‘‘Select Agency’’ box below the rules, the Third R&O also adopted a ‘‘Currently Under Review’’ heading, (4) requirement that wireless carriers report FEDERAL COMMUNICATIONS select ‘‘Federal Communications their plans for implementing Phase II COMMISSION Commission’’ from the list of agencies E911 service to the Commission. Notice of Public Information presented in the ‘‘Select Agency’’ box, Specifically, this report must include Collection(s) Being Reviewed by the (5) click the ‘‘Submit’’ button to the the technology they plan to use to Federal Communications Commission right of the ‘‘Select Agency’’ box and (6) provide caller location as well as for Extension Under Delegated when the list of FCC ICRs currently information to enable public safety Authority, Comments Requested under review appears, look for the title organizations, equipment of this ICR (or its OMB Control Number, manufacturers, local exchange carriers, May 28, 2009. if there is one) and then click on the ICR and the Commission to plan and SUMMARY: The Federal Communications Reference Number to view detailed support Phase II deployment. The Commission, as part of its continuing information about this ICR. Commission required wireless carriers effort to reduce paperwork burden FOR FURTHER INFORMATION CONTACT: For to file these initial reports in 2000. invites the general public and other additional information, send an e-mail Carriers are required to update these Federal agencies to take this to Judith B. Herman at 202–418–0214. plans within 30 days of the adoption of opportunity to comment on the SUPPLEMENTARY INFORMATION: any change. The reporting requirements following information collection(s), as OMB Control Number: 3060–0910. are discussed in detail in 47 CFR required by the Paperwork Reduction Title: Third Report and Order in CC 20.18(i). Act of 1995, 44 U.S.C. 3501–3520. An Docket No. 94–102, To Ensure The information submitted to the agency may not conduct or sponsor a Compatibility with Enhanced 911 Commission will provide public service collection of information unless it Calling Systems. answering points (PSAPs), providers of displays a currently valid control Form No.: N/A. location technology, investors, number. No person shall be subject to Type of Review: Extension of a manufacturers, local exchange carriers, any penalty for failing to comply with currently approved collection. and the Commission with valuable a collection of information subject to the Respondents: Business or other for- information necessary for full Phase II Paperwork Reduction Act (PRA) that profit and not-for-profit institutions. E911 service implementation. These does not display a valid control number. Number of Respondents: 4,000 reports will provide helpful, if not Comments are requested concerning (a) respondents; 4,000 responses. essential information for coordinating whether the proposed collection of Estimated Time per Response: 1 hour. carrier plans with those manufacturers information is necessary for the proper Frequency of Response: On occasion and PSAPs. The reports will also assist performance of the functions of the reporting requirement. the Commission’s efforts to monitor Commission, including whether the Obligation to Respond: Mandatory. Phase II developments and take action, information shall have practical utility; Statutory authority for these information if necessary, to maintain the Phase II (b) the accuracy of the Commission’s collections are contained in 47 U.S.C. implementation schedule. burden estimate; (c) ways to enhance Sections 1, 4(i), 201, 303, 309 and 332 OMB Control Number: 3060–1004. the quality, utility, and clarity of the of the Communications Act of 1934, as Title: Commission Rules To Ensure information collected; and (d) ways to amended. Compatibility with Enhanced 911 minimize the burden of the collection of Total Annual Burden: 4,000 hours. Calling Systems. information on the respondents, Total Annual Cost: N/A. Form No.: N/A. including the use of automated Privacy Act Impact Assessment: N/A. Type of Review: Extension of a collection techniques or other forms of Nature and Extent of Confidentiality: currently approved collection. information technology. There is no need for confidentiality. Respondents: Business or other for- DATES: Persons wishing to comment on Needs and Uses: The Commission profit, not-for-profit institutions, and this information collection should will submit this information collection state, local or tribal government. submit comments August 10, 2009. If to the Office of Management and Budget Number of Respondents: 97 you anticipate that you will be (OMB) after this 60 day comment period respondents; 283 responses. submitting comments, but find it in order to obtain the full three year Estimated Time per Response: 4—5 difficult to do so within the period of clearance from them. The Commission hours. time allowed by this notice, you should is requesting an extension (no change in Frequency of Response: Quarterly, advise the contact listed below as soon the reporting requirement) of this semi-annual and one-time reporting as possible. information collection. There is no requirements. ADDRESSES: Direct all PRA comments to change in the burden estimates. Obligation to Respond: Required to Nicholas A. Fraser, Office of The Third Report and Order (R&O) in obtain or retain benefits. Statutory Management and Budget (OMB), via fax CC Docket No. 94–102 adopted rules authority for these information at 202–395–5167, or the Internet at applicable to wireless carriers to permit collections are contained in 47 U.S.C. [email protected] and the use of network-based solutions, Sections 1, 4(i), 201, 303, 309 and 332

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of the Communications Act of 1934, as meeting one or more of the deadlines for FEDERAL COMMUNICATIONS amended. Phase II deployment. Pursuant to 47 COMMISSION Total Annual Burden: 1,202 hours. CFR 1.925(b)(3), the Commission may Total Annual Cost: N/A. grant a request for waiver if the Notice of Public Information Privacy Act Impact Assessment: N/A. underlying purpose of the rule(s) would Collection(s) Being Reviewed by the Nature and Extent of Confidentiality: not be served or would be frustrated by Federal Communications Commission, There is no need for confidentiality. application to the instant case, and that Comments Requested However, if applicants want to seek confidential treatment of their grant would be in the public interest; or, June 4, 2009. documents, they may do so under 47 in view of unique or unusual factual SUMMARY: As part of its continuing effort CFR 0.459 of the Commission’s rules. circumstances, application of the rule(s) to reduce paperwork burden and as Needs and Uses: The Commission would be inequitable, unduly required by the Paperwork Reduction will submit this information collection burdensome, or contrary to the public Act (PRA) of 1995 (44 U.S.C. 3501– to the Office of Management and Budget interest, or the applicant has no 3520), the Federal Communications (OMB) after this 60 day comment period reasonable alternative. Commission invites the general public in order to obtain the full three year Finally, distinct from the and other Federal agencies to comment clearance from them. The Commission Commission’s rules and precedent on the following information is requesting an extension (no change in regarding waivers of the E911 collection(s). Comments are requested the reporting requirements) of this requirements, in December 2004, concerning (a) whether the proposed information collection. There is a minor Congress enacted the Ensuring Needed collection of information is necessary adjustment to the estimated number of Help Arrives Near Callers Employing for the proper performance of the respondents and responses. There is no 911 Act of 2004, Public Law 108–494 functions of the Commission, including change in the estimated hourly burden. (ENHANCE 911 Act). The ENHANCE whether the information shall have The Commission’s E911 Phase II rules 911 Act, inter alia, directs the practical utility; (b) the accuracy of the require wireless licensees to provide Commission to act on any petition filed Commission’s burden estimate; (c) ways Public Safety Answering Points (PSAPs) by a qualified Tier III carrier requesting to enhance the quality, utility, and with Automatic Location Identification a waiver of 47 CFR 20.18(g)(1)(v) within clarity of the information collected; and (ALI) information for 911 calls. 100 days of receipt, and grant such (d) ways to minimize the burden of the Licensees can provide ALI information collection of information on the by deploying location information request for waiver if ‘‘strict enforcement of the requirements of that section respondents, including the use of technology in their networks (a automated collection techniques or network-based solution), or Global would result in consumers having decreased access to emergency other forms of information technology. Positioning System (GPS), or other An agency may not conduct or sponsor services.’’ location technology in subscriber’s a collection of information unless it handsets (a handset-based solution). The Commission originally displays a currently valid OMB control The Commission’s rules also establish established reporting requirements in an number. No person shall be subject to phased-in schedules for carriers to order released in October 2001, which any penalty for failing to comply with deploy any necessary network received OMB approval. Nationwide a collection of information subject to the components and begin providing Phase wireless carriers (Tier I) generally must Paperwork Reduction Act that does not II service. However, before a wireless have quarterly reports with the display a valid OMB control number. licensee’s obligation to provide E911 Commission on February 1, May 1, DATES: Written PRA comments should service is triggered, a PSAP must make August 1 and November 1 of each year, be submitted on or before August 10, a valid request for E911 service, i.e., the with the exception of T–Mobile, which 2009. If you anticipate that you will be PSAP must be capable of receiving and is required to file semi-annual reports submitting comments, but find it utilizing the data elements associated (as of October 2002). Mid-sized carriers difficult to do so within the period of with the service and must have a (Tier II) also were required to file time allowed by this notice, you should mechanism in place for recovering its quarterly reports under this same time advise the contact listed below as soon costs. schedule. as possible. In addition to deploying the network ADDRESSES: facilities necessary to deliver location The previously approved information Submit your comments by information, wireless licensees that collection under this OMB control e-mail to [email protected]. Include in the elect to employ a handset-based number was revised (in 2006) to include e-mail the OMB control number of the solution must meet the handset the information requirements that the collection or, if there is no OMB control deployment benchmark set forth in 47 quarterly reports, beginning with the number, the Title shown in the CFR 20.18(g)(1) of the Commission’s August 1, 2003 filing, be submitted in SUPPLEMENTARY INFORMATION section rules, independent of any PSAP request an Excel spreadsheet as an appendix to below. If you are unable to submit your for Phase II service. After ensuring that Tier I and Tier II carrier narrative comments by e-mail contact the person 100 percent of all new digital handsets reports. The existing information listed below to make alternate activated are location-capable, licensees collection only required Tier III carriers arrangements. must have achieved 95 percent to file a one-time interim report. Tier III FOR FURTHER INFORMATION CONTACT: For penetration among their subscribers of wireless carriers were also not required additional information about the location-capable handsets no later than to submit an Excel spreadsheet with information collection(s) or to obtain a December 31, 2005. their one-time filings. copy of the collection send an e-mail to The Commission has recognized that Federal Communications Commission. [email protected] and include the ‘‘special circumstances’’ may warrant a collection’s OMB control number as waiver of the E911 Phase II Marlene H. Dortch, shown in the ‘‘Supplementary requirements. The Commission also Secretary. Information’’ section below, or contact noted that small carriers may face [FR Doc. E9–13648 Filed 6–9–09; 8:45 am] Nicholas A. Fraser, Office of ‘‘extraordinary circumstances’’ in BILLING CODE 6712–01–P Management and Budget, via Internet at

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[email protected] or via revised to state the Commission’s Maersk Logistics, Giralda Farms, fax at (202) 395–5167, or Cathy revised Biennial filing requirements Madison Ave., P.O. Box 880, Williams, Federal Communications adopted in the 323 Order. The Madison, NJ 07940–0880, Officer: Commission, Room 1–C823, 445 12th instructions and questions in all Jens F. Wessel, V. Pres., Sales Street, SW., Washington, DC or via sections of the form have been (Qualifying Individual). Internet at [email protected]. significantly revised. Many questions on Overnight Solutions, Inc., 600 N. SUPPLEMENTARY INFORMATION: the form have been reworked or Shepherd, #512, Houston, TX OMB Control Number: 3060–0010. reordered in order to (1) clarify the 77007, Officers: Richard J. Ling, Title: Ownership Report for information sought in the form; (2) President (Qualifying Individual), Commercial Broadcast Stations. simplify completion of the form by Justiniano J. Nunez, Vice President. Form Number: FCC Form 323. giving respondents menu-style or Platinum Cargo Logistics Inc., 871 E. Type of Review: Revision of a checkbox-style options to select rather Artesia Blvd., Carson, CA 90746, currently approved collection. than requiring respondents to submit a Officers: Jefferson Clay, Vice Respondents: Business or other for separate narrative exhibit; and (3) make President (Qualifying Individual), profit entities; Not-for-profit the data collected on the form more Kelli Spiri, President. institutions; State, Local or Tribal adaptable for use in database programs EJ Logistic, Inc., 2500 NW 79th Ave., Governments. used to prepare economic and policy Ste. 200, Miami, FL 33122, Officer: Number of Respondents/Responses: studies relating to media ownership. Eduardo E. Roman, President (Qualifying Individual). 9,250 respondents; 9,250 responses. Federal Communications Commission. CK Logistics, Inc., 431 Isom Rd., #107, Estimated Time per Response: 1.5 Marlene H. Dortch, hours to 2.5 hours. San Antonio, TX 78216, Officer: Secretary. Christopher S. Kuehler, President Frequency of Response: [FR Doc. E9–13646 Filed 6–9–09; 8:45 am] Recordkeeping requirement; On (Qualifying Individual). BILLING CODE 6712–01–P occasion reporting requirement; Argos Express Ltd., 147–27 175th Biennially reporting requirement. Street, #1B, Jamaica, NY 11434, Total Annual Burden: 21,375 hours. Officers: William Li, Vice President FEDERAL MARITIME COMMISSION Total Annual Costs: $14,670,000. (Qualifying Individual), Chi H. Li, Nature of Response: Required to President. Ocean Transportation Intermediary Linsan.Tex Investments L.L.C., 260 obtain or retain benefits. Statutory License Applicants South Beltline Rd., #262, Irving, TX authority for this collection of 75060, Officers: Franklin E. information is contained in Sections Notice is hereby given that the Aigbuza, Secretary (Qualifying 154(i), 303, 310 and 533 of the following applicants have filed with the Individual), Roseline A. Communications Act of 1934, as Federal Maritime Commission an Izedonmwen, CEO. amended. application for license as a Non-Vessel- StarBase Global Logistics, Inc., 6235 Nature and Extent of Confidentiality: Operating Common Carrier and Ocean Highway 305 North, Ste. 3, Olive There is no need for confidentiality with Freight Forwarder—Ocean Branch, MS 38654, Officers: this information collection. Transportation Intermediary pursuant to William C. Wells, Jr., Treasurer Privacy Act Impact Assessment: No section 19 of the Shipping Act of 1984 (Qualifying Individual), Thomas A. impact(s). as amended (46 U.S.C. Chapter 409 and Drew, President. Needs and Uses: On December 18, 46 CFR Part 515). Ocean Freight Forwarder—Ocean 2007, the Commission adopted a Report Persons knowing of any reason why Transportation Intermediary and Order and Third Further Notice of the following applicants should not Applicants: receive a license are requested to Proposed Rulemaking (the ‘‘Diversity Star USA, Inc., 250 N. Davis Rd., contact the Office of Transportation Order’’) in MB Docket Nos. 07–294; 06– Ashland, OH 44805, Officers: Intermediaries, Federal Maritime 121; 02–277; 04–228, MM Docket Nos. Michael L. Easton, Vice President Commission, Washington, DC 20573. 01–235; 01–317; 00–244; FCC 07–217. (Qualifying Individual), Margaret Consistent with actions taken by the Non-Vessel-Operating Common Carrier Easton, President. Commission in the Diversity Order, the Ocean Transportation Intermediary Platinum Moving Services, Inc., following changes are made to Form Applicants: 7610–P Rickenbacker Dr., 323: The instructions have been revised Cala Investments, LLC, 2705 NW 109 Gaithersburg, MD 20879, Officers: to incorporate a definition of ‘‘eligible Ave., Miami, FL 33172, Officer: Raquel Fazio, President (Qualifying entity,’’ which will apply to the Pedro L. Salcedo, Manager Individual), Steve D. Fazio, Commission’s existing Equity Debt Plus (Qualifying Individual). Treasurer. (‘‘EDP’’) standard, one of the standards Integrated Global Logistics LLC, 6555 BDP International, Inc., 510 Walnut used to determine whether interests are NW 36 Street, #201–E, Virginia Street, Philadelphia, PA 19106, attributable. The instructions have also Gardens, FL 33166, Officers: Vera P. Officer: John M. Bolte, Vice been revised to update citations to the Gazitua, Manager (Qualifying President (Qualifying Individual). Commission’s media ownership rules. Individual), Monica Alvarez- USI–USA, Inc., 13030 Fellowship In addition, on April 8, 2009, the Tabraue, Manager. Way, Reno, NV 89511, Officers: Commission adopted a Report and Speedmark Transportation, Inc., 1525 John Maness, Vice President Order and Fourth Further Notice of Adrian Rd., Burlingame, CA 94010. (Qualifying Individual), Periklis E. Proposed Rulemaking (the ‘‘323 Order’’) Officer: Joe Phan, General Manager Papadopoulos, President. in MB Docket Nos. 07–294, 06–121, 02– (Qualifying Individual). 277, 01–235, 01–317, 00–244, 04–228; Non-Vessel-Operating Common Carrier Dated: June 5, 2009. FCC 09–33. Consistent with actions and Ocean Freight Forwarder Tanga S. FitzGibbon, taken by the Commission in the 323 Transportation Intermediary Assistant Secretary. Order, the following changes are made Applicants: [FR Doc. E9–13636 Filed 6–9–09; 8:45 am] to Form 323: The instructions have been APM Global Logistics USA Inc. dba BILLING CODE 6730–01–P

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FEDERAL MARITIME COMMISSION Intermediary licenses have been of Ocean Transportation Intermediaries, reissued by the Federal Maritime 46 CFR Part 515. Ocean Transportation Intermediary Commission pursuant to section 19 of License Reissuances the Shipping Act of 1984 (46 U.S.C. Notice is hereby given that the Chapter 409) and the regulations of the following Ocean Transportation Commission pertaining to the licensing

License No. Name/address Date reissued

001593F ...... Robertson Forwarding Co., Inc., 4469 NW 97th Ave., Miami, FL 33178 ...... May 10, 2009. 013172N ...... Yung Hoon Kim, dba Conex International, 20695 South Western Ave., Suite May 6, 2009. 136, Torrance, CA 90501.

Sandra L. Kusumoto, Name: Cargonline (USA) Inc. Address: 8241 Backlick Rd., Ste. B, Director, Bureau of Certification and Address: 245 E. Main Street, Ste. 112, Lorton, VA 22079. Licensing. Alhambra, CA 91801. Date Revoked: May 29, 2009. [FR Doc. E9–13639 Filed 6–9–09; 8:45 am] Date Revoked: May 21, 2009. Reason: Failed to maintain a valid BILLING CODE 6730–01–P Reason: Failed to maintain a valid bond. bond. License Number: 000334F. License Number: 004084F. Name: Perryman Mojonier Company. FEDERAL MARITIME COMMISSION Name: Glory Express, Inc. Address: 9720 S. La Cienega Blvd., Address: 17420 S. Avalon Blvd., Ste. Inglewood, CA 90301. Ocean Transportation Intermediary 202, Carson, CA 90746. Date Revoked: May 29, 2009. License Revocations Date Revoked: May 22, 2009. Reason: Failed to maintain a valid Reason: Failed to maintain a valid bond. The Federal Maritime Commission bond. hereby gives notice that the following Sandra L. Kusumoto, Ocean Transportation Intermediary License Number: 017911N. Director, Bureau of Certification and licenses have been revoked pursuant to Name: Kasy Logistics Co., Ltd. Licensing. section 19 of the Shipping Act of 1984 Address: 355 S. Lemon Ave., #N, [FR Doc. E9–13651 Filed 6–9–09; 8:45 am] (46 U.S.C. Chapter 409) and the Walnut, CA 91789. BILLING CODE P regulations of the Commission Date Revoked: May 29, 2009. pertaining to the licensing of Ocean Reason: Surrendered license Transportation Intermediaries, 46 CFR voluntarily. DEPARTMENT OF HEALTH AND Part 515, effective on the corresponding License Number: 016503NF. HUMAN SERVICES date shown below: Name: Lukini Shipping Inc. Address: One Cross Island Plaza, Ste. National Institute for Occupational License Number: 000692F. 203d, Rosedale, NY 11422. Safety and Health; Decision To Name: A. R. Savage & Son, Inc. Date Revoked: May 27, 2009. Address: 701 Harbour Post Dr., Evaluate a Petition To Designate a Reason: Failed to maintain valid Class of Employees for the Norton Tampa, FL 33602. bonds. Date Revoked: May 27, 2009. Company in Worcester, MA, To Be Reason: Failed to maintain a valid License Number: 002145F. Included in the Special Exposure bond. Name: Henry Juliusburger DBA Cohort Nautique-Worldwide. License Number: 017799NF. Address: 55 New Montgomery St., AGENCY: National Institute for Name: Alpha Freight & Transport Ste. 514, San Francisco, CA 94105. Occupational Safety and Health International, Inc. Date Revoked: May 22, 2009. (NIOSH), Department of Health and Address: 3508 NW 114th Ave., Ste. Reason: Failed to maintain a valid Human Services (HHS). 205, Doral, FL 33178. bond. ACTION: Notice. Date Revoked: May 27, 2009. License Number: 013797N. Reason: Surrendered license SUMMARY: HHS gives notice as required Name: Kenneth Bola Obatusin DBA voluntarily. by 42 CFR 83.12(e) of a decision to Global Freightways (USA), Ltd. License Number: 018583NF. evaluate a petition to designate a class Address: 10630 Riggs Hill Rd., Bldg. of employees for the Norton Company Name: Astron Distribution, Inc. R, Jessup, MD 20794. Address: 349 NW 16th Street, Ste. in Worcester, Massachusetts, to be Date Revoked: May 29, 2009. included in the Special Exposure Cohort 107, Belle Glade, FL 33430. Reason: Failed to maintain a valid Date Revoked: May 27, 2009. under the Energy Employees bond. Occupational Illness Compensation Reason: Failed to maintain valid License Number: 016484N. bonds. Program Act of 2000. The initial Name: Kenny International USA, Inc. proposed definition for the class being License Number: 018878N. DBA KTL (USA) International. evaluated, subject to revision as Name: BTL Group, Inc. Dba E–World Address: 145–18 156th Street, Rm. #1, warranted by the evaluation, is as Cargo, Inc. Jamaica, NY 11434. follows: Address: 7910 SO. 3500 E., Ste. B, Salt Date Revoked: April 6, 2009. Facility: Norton Company. Lake, UT 84121. Reason: Surrendered license Location: Worcester, Massachusetts. Date Revoked: May 6, 2009. voluntarily. Job Titles and/or Job Duties: All Reason: Surrendered license License Number: 020066N. Atomic Weapons Employer employees. voluntarily. Name: Manila Forwarders Period of Employment: January 1, License Number: 021167N. Corporation. 1945 through December 31, 1957.

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FOR FURTHER INFORMATION CONTACT: teleconference dial-in. If you have Cancer Institute (NCI), as a sponsor of Larry Elliott, Director, Office of special needs for the meeting, please investigational drug trials, has the Compensation Analysis and Support, contact (202) 690–7151. responsibility to assure the FDA that National Institute for Occupational investigators in its clinical trials Judith Sparrow, Safety and Health (NIOSH), 4676 program are qualified by training and Columbia Parkway, MS C–46, Office of Programs and Coordination, Office experience as appropriate experts to Cincinnati, OH 45226, Telephone 513– of the National Coordinator for Health Information Technology. investigate the drug. In order to fulfill 533–6800 (this is not a toll-free these requirements, a standard [FR Doc. E9–13630 Filed 6–9–09; 8:45 am] number). Information requests can also Statement of Investigator (FDA Form be submitted by e-mail to BILLING CODE 4150–45–P 1572 modified), Supplemental [email protected]. Investigator Data Form, Financial Christine M. Branche, DEPARTMENT OF HEALTH AND Disclosure Form and Curriculum vitae (CV) are required. The data obtained Acting Director, National Institute for HUMAN SERVICES Occupational Safety and Health. from these forms allows the NCI to evaluate the qualifications of the [FR Doc. E9–13662 Filed 6–9–09; 8:45 am] National Institutes of Health investigator, identify appropriate BILLING CODE 4163–19–P Proposed Collection; Comment personnel to receive shipment of Request; Investigator Registration and investigational agent, ensure supplies DEPARTMENT OF HEALTH AND Financial Disclosure for Investigational are not diverted for inappropriate HUMAN SERVICES Trials in Cancer Treatment (NCI) protocol or patient use and identify financial conflicts of interest. Office of the National Coordinator for SUMMARY: In compliance with the Comparisons are done with the Health Information Technology; HIT requirement of Section 3506(c)(2)(A) of intention of ensuring protocol, patient Standards Committee Meeting the Paperwork Reduction Act of 1995, safety and drug compliance for patient for opportunity for public comment on and drug compliance for patient safety ACTION: Announcement of meeting. proposed data collection projects, the and protections. National Cancer Institute, the National SUMMARY: This notice announces the Cancer Institute (NIH) will publish Frequency of Response: Annually. second meeting of the HIT Standards periodic summaries to the Office of Affected Public: Public sector, Committee in accordance with the Management and Budget (OMB) for businesses other for-profit. Federal Federal Advisory Committee Act (Pub. review and approval. agencies or employees, non-profit L. No. 92–463, 5 U.S.C., App.). Proposed Collection: Title: institutions and a very small number of DATES: June 23, 2009, from 9 a.m. to 12 Investigator Registration and Financial private practice physicians. p.m. [Eastern] Disclosure for Investigational Trials in Type of Respondents: Health care ADDRESSES: The Omni Shoreham Hotel, Cancer Treatment (NCI). Type of investigators. The annual reporting 2500 Calvert Street, NW., Washington, Information Collection Request: Existing burden is limited to those physicians DC 20008, Diplomat Ballroom. Collection in use without an OMB who choose to participate in NCI FOR FURTHER INFORMATION CONTACT: Control Number. Need and Use of sponsored investigational trials to http://healthit.hhs.gov. Information Collection: Food and Drug identify new medicinal agents to treat SUPPLEMENTARY INFORMATION: Administration (FDA) regulations and relieve those patients suffering from The meeting will include require sponsors to obtain information cancer. It is estimated that the total presentations from the HIT Standards from the investigator before permitting annual burden will be 8,564 hours, and Committee Workgroups. The meeting is the investigator to begin participation in include 17,128 investigators, for this a Web-based meeting with investigational studies. The National project (see Table 1).

TABLE 1—ESTIMATES OF ANNUAL BURDEN

Number of re- Frequency of Total hour bur- Type of respondents Form spondents response Average time per response den

Investigators and Designee ... Statement of Investigator ..... 17,128 1 0.25 (15 minutes) ...... 4,282 Supplemental Investigator .... 17,128 1 0.167 (10 minutes) ...... 2,855 Financial Disclosure ...... 17,128 1 0.083 (5 minutes) ...... 1,427 Totals ...... 17,128 ...... 8,564

There is no capital, operating or collection of information; including the FOR FURTHER INFORMATION CONTACT: To maintenance costs to report. validity of the methodology and request more information on the Request for Comments: Written assumptions used; (3) Ways to enhance proposed project or to obtain a copy of comments and/or suggestions from the the quality, utility and clarity of the the data collection plans and public and affected agencies are invited information to be collected; and (4) instruments, contact Charles L. Hall, Jr., on one or more of the following points: Ways to minimize the burden of the Chief, Pharmaceutical Management (1) Whether the proposed collection of collection of information on those who Branch, Cancer Therapy Evaluation information is necessary for the proper are to respond, including the use of Program, Division of the Cancer performance of the function of the appropriate automated, electronic, Treatment and Diagnosis, and Centers, agency, including whether the mechanical, or other technological National Cancer Institute, Executive information will have practical utility; collection techniques or other forms of Plaza North, Room 7148, 9000 Rockville (2) The accuracy of the agency’s information technology. Pike, Bethesda, MD 20892 or call non- estimate of the burden of the proposed toll-free number 301–496–5725 or E-

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mail your request, including your Dated: June 3, 2009. DEPARTMENT OF HEALTH AND address to: [email protected]. Lorenzo Falgiano, HUMAN SERVICES Comments Due Date: Comments Acting Director, Management Analysis and Centers for Disease Control and regarding this information collection are Services Office, Centers for Disease Control and Prevention. Prevention best assured of having their full effect if [FR Doc. E9–13557 Filed 6–9–09; 8:45 am] received within 60 days following the Disease, Disability, and Injury BILLING CODE 4163–18–P date of this publication. Prevention and Control Special Dated: June 3, 2009. Emphasis Panel (SEP): Member Vivian Horovitch-Kelley, DEPARTMENT OF HEALTH AND Conflict Review, Program HUMAN SERVICES Announcement Number (PA) 07–318, NCI Project Clearance Liaison, National Initial Review Institutes of Health. Centers for Disease Control and [FR Doc. E9–13627 Filed 6–9–09; 8:45 am] Prevention In accordance with Section 10(a)(2) of BILLING CODE 4140–01–P the Federal Advisory Committee Act Advisory Council for the Elimination of (Pub. L. 92–463), the Centers for Disease Tuberculosis Meeting (ACET) Control and Prevention (CDC) DEPARTMENT OF HEALTH AND announces the aforementioned meeting: HUMAN SERVICES In accordance with section 10(a)(2) of Time and Date: 1 p.m.–3 p.m., July 22, the Federal Advisory Committee Act 2009 (Closed). Centers for Disease Control and (Pub. L. 92–463), the Centers for Disease Place: Teleconference. Prevention Control and Prevention (CDC), Status: The meeting will be closed to the announces the following meeting of the public in accordance with provisions set Disease, Disability, and Injury aforementioned committee: forth in Section 552b(c) (4) and (6), Title 5 Prevention and Control Special Times and Dates: U.S.C., and the Determination of the Director, Emphasis Panel (SEP): Respirable 8:30 a.m.–4:30 p.m., July 14, 2009. Management Analysis and Services Office, Dust Control Related to Mining, 8:30 a.m.–2:30 p.m., July 15, 2009. CDC, pursuant to Public Law 92–463. Program Announcement Number (PA) Place: Corporate Square, Building 8, 1st Matters To Be Discussed: The meeting will include the initial review, discussion, and Floor Conference Room, Atlanta, Georgia 07–318, Initial Review evaluation of applications received in 30333, Telephone (404) 639–8317. response to ‘‘Member Conflict Review, PA Status: Open to the public, limited only by In accordance with Section 10(a)(2) of 07–318.’’ the space available. The meeting room the Federal Advisory Committee Act Contact Person for More Information: Chris accommodates approximately 100 people. Langub, Scientific Review Administrator, (Pub. L. 92–463), the Centers for Disease Purpose: This council advises and makes Office Of Extramural Programs, National Control and Prevention (CDC) recommendations to the Secretary of Health Institute for Occupational Safety and Health, announces the aforementioned meeting: and Human Services, the Assistant Secretary CDC, 1600 Clifton Road, NE., Mailstop E74, for Health, and the Director, CDC, regarding Time and Date: 9 a.m.–5 p.m., July 14, Atlanta, Georgia 30333; Telephone: (404) the elimination of tuberculosis. Specifically, 2009 (Closed). 498–2543. the Council makes recommendations The Director, Management Analysis and Place: Marriott Waterfront, 700 Aliceanna regarding policies, strategies, objectives, and Services Office, has been delegated the Street, Baltimore, Maryland 21202; priorities; addresses the development and authority to sign Federal Register notices Telephone: (410) 385–3000. application of new technologies; and reviews pertaining to announcements of meetings and Status: The meeting will be closed to the the extent to which progress has been made other committee management activities, for public in accordance with provisions set toward eliminating tuberculosis. both CDC and the Agency for Toxic forth in Section 552b(c) (4) and (6), Title 5 Matters To Be Discussed: Agenda items Substances and Disease Registry. U.S.C., and the Determination of the Director, include issues pertaining to tuberculosis in Management Analysis and Services Office, special populations; Federal agencies and Dated: June 3, 2009. CDC, pursuant to Public Law 92–463. their role in global tuberculosis control and Lorenzo Falgiano, Matters to be Discussed: The meeting will research; and research updates and other Acting Director, Management Analysis and related tuberculosis issues. Agenda items are include the initial review, discussion, and Services Office, Centers for Disease Control subject to change as priorities dictate. and Prevention. evaluation of applications received in Contact Person for More Information: response to ‘‘Respirable Dust Control Related Margie Scott-Cseh, Coordinating Center for [FR Doc. E9–13559 Filed 6–9–09; 8:45 am] to Mining, PA 07–318.’’ Infectious Diseases, Strategic Business Unit, BILLING CODE 4163–18–P Contact Person for More Information: 1600 Clifton Road, NE., Mailstop E–07, George Bockosh, Scientific Review Atlanta, Georgia 30333, Telephone (404) Administrator, Office Of Extramural 639–8317. DEPARTMENT OF HEALTH AND Programs, National Institute for Occupational The Director, Management Analysis and HUMAN SERVICES Safety and Health, CDC, 1600 Clifton Road, Services Office, has been delegated the NE., Mailstop P05, Atlanta Georgia 30333; authority to sign Federal Register Notices Centers for Disease Control and Telephone: (412) 352–5181; pertaining to announcements of meetings and Prevention other committee management activities, for [email protected]. both the Centers for Disease Control and National Center for Injury Prevention The Director, Management Analysis Prevention and the Agency for Toxic and Control Initial Review Group, Substances and Disease Registry. and Services Office, has been delegated (NCIPC IRG) the authority to sign Federal Register Dated: June 3, 2009. notices pertaining to announcements of Lorenzo Falgiano, Times and Dates: 12:30 p.m.–7 p.m. meetings and other committee Acting Director, Management Analysis and (Closed) management activities, for both CDC Services Office, Centers for Disease Control Correction: This notice was published and the Agency for Toxic Substances and Prevention. in the Federal Register on May 19, and Disease Registry. [FR Doc. E9–13558 Filed 6–9–09; 8:45 am] 2009, Volume 74, Number 95, Page BILLING CODE 4163–18–P 23423. The timeframe for the closed

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portion of the meeting was published Dated: June 3, 2009. DEPARTMENT OF HEALTH AND incorrectly. Lorenzo Falgiano, HUMAN SERVICES Contact Person For More Information: Acting Director, Management Analysis and Indian Health Service Rick Waxweiler, Ph.D., Director, Services Office, Centers for Disease Control and Prevention. Extramural Research Program Office, Reimbursement Rates for Calendar [FR Doc. E9–13556 Filed 6–9–09; 8:45 am] NCIPC and Executive Secretary, NCIPC Year 2009 IRG, CDC, 4770 Buford Highway, NE., BILLING CODE 4163–18–P M/S F–62, Atlanta, Georgia 30341, AGENCY: Indian Health Service, HHS. Telephone (770) 488–4850. ACTION: Notice. DEPARTMENT OF HEALTH AND The Director, Management Analysis HUMAN SERVICES SUMMARY: Notice is given that the and Services Office has been delegated Director of Indian Health Service (IHS), the authority to sign Federal Register Centers for Disease Control and under the authority of sections 321(a) notices pertaining to announcements of Prevention and 322(b) of the Public Health Service meetings and other committee Act (42 U.S.C. 248 and 249(b)), Public management activities for both CDC and Disease, Disability, and Injury Law 83–568 (42 U.S.C. 2001 (a)), and the Agency for Toxic Substances and Prevention and Control the Indian Health Care Improvement Disease Registry. Act (25 U.S.C. 1601 et seq.), has Special Emphasis Panel (SEP): approved the following rates for Dated: June 3, 2009. National Center for Construction Safety inpatient and outpatient medical care Lorenzo Falgiano, and Health, Request for Application provided by IHS facilities for Calendar Acting Director, Management Analysis and (RFA) 09–001, Initial Review Year 2009 for Medicare and Medicaid Services Office, Centers for Disease Control In accordance with Section 10(a)(2) of beneficiaries and beneficiaries of other and Prevention. the Federal Advisory Committee Act Federal programs. The Medicare Part A [FR Doc. E9–13554 Filed 6–9–09; 8:45 am] (Pub. L. 92–463), the Centers for Disease inpatient rates are excluded from the BILLING CODE 4163–18–P Control and Prevention (CDC) table below as they are paid based on announces the aforementioned meeting: the prospective payment system. Since Times and Dates: the inpatient rates set forth below do not DEPARTMENT OF HEALTH AND include all physician services and 6 p.m.–7 p.m., July 27, 2009 (Closed). HUMAN SERVICES practitioner services, additional 9 a.m.–5 p.m., July 28, 2009 (Closed). payment may be available to the extent 9 a.m.–5 p.m., July 29, 2009 (Closed). Centers for Disease Control and Place: Sheraton Station Square, 300 W. that those services meet applicable Prevention Station Square Drive, Pittsburgh, requirements. Section 1880 of the Social Pennsylvania 15129, Telephone: (412) 261– Security Act authorizes Medicare Part B National Center for Injury Prevention 2000. payment to hospitals and ambulatory and Control Initial Review Group, Status: The meeting will be closed to the care clinics operated by IHS or by an (NCIPC IRG) public in accordance with provisions set Indian Tribe or Tribal organization. forth in Section 552b(c) (4) and (6), Title 5 Times and Dates: U.S.C., and the Determination of the Director, Calendar Management Analysis and Services Office, Year 2009 12:30 p.m.–7 p.m., June 22, 2009 CDC, pursuant to Public Law 92–463. (Closed). Matters to be Discussed: The meeting will Inpatient Hospital Per Diem Rate (Excludes Physician/Practitioner Services) 9 a.m.–5 p.m., June 23, 2009 (Closed). include the initial review, discussion, and 9 a.m.–5 p.m., June 24, 2009 (Closed). evaluation of applications received in response to ‘‘National Center for Lower 48 States ...... $1,906 Alaska ...... 2,238 9 a.m.–5 p.m., June 25, 2009 (Closed). Construction Safety and Health, RFA 09– Correction: This notice was published 001.’’ Contact Person for More Information: Outpatient Per Visit Rate (Excluding in the Federal Register on May 19, George Bockosh, Scientific Review Medicare) 2009, Volume 74, Number 95, Page Administrator, Office Of Extramural 23423. The timeframe for the closed Programs, National Institute for Occupational Lower 48 States ...... 268 portion of the meeting was published Safety and Health, CDC, 1600 Clifton Road, Alaska ...... 446 incorrectly. NE., Mailstop P05, Atlanta Georgia 30333; Outpatient Per Visit Rate (Medicare) Contact Person For More Information: Telephone: (412) 352–5181; [email protected]. Rick Waxweiler, Ph.D., Director, The Director, Management Analysis and Lower 48 States ...... 230 Extramural Research Program Office, Services Office, has been delegated the Alaska ...... 407 NCIPC and Executive Secretary, NCIPC authority to sign Federal Register notices IRG, CDC, 4770 Buford Highway, NE., pertaining to announcements of meetings and Medicare Part B Inpatient Ancillary Per M/S F–62, Atlanta, Georgia 30341, other committee management activities, for Diem Rate Telephone (770) 488–4850. both CDC and the Agency for Toxic The Director, Management Analysis Substances and Disease Registry. Lower 48 States ...... 397 Alaska ...... 705 and Services Office has been delegated Dated: June 3, 2009. the authority to sign Federal Register Lorenzo Falgiano, Outpatient Surgery Rate (Medicare) notices pertaining to announcements of Acting Director, Management Analysis and meetings and other committee Services Office, Centers for Disease Control Established Medicare rates for management activities for both CDC and and Prevention. freestanding Ambulatory Sur- the Agency for Toxic Substances and [FR Doc. E9–13561 Filed 6–9–09; 8:45 am] gery Centers. Disease Registry. BILLING CODE 4163–18–P

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Calendar ADDRESSES: Interested persons are with terrorist ties.’’ The ability to Year 2009 invited to submit comments on the identify individuals with terrorist ties proposed information collection requires use of information held in Effective Date for Calendar Year 2009 through the Federal Rulemaking Portal Government-maintained databases. Rates at http://www.regulations.gov. Follow Therefore, DHS is implementing the the instructions for submitting CFATS Personnel Surety Program Consistent with previous annual comments. Comments must be which will allow chemical facilities to rate revisions, the Calendar identified by docket number DHS– comply with RBPS #12 to implement Year 2009 rates will be effec- 2009–0026. ‘‘measures designed to identify people tive for services provided on/ with terrorist ties.’’ or after January 1, 2009 to FOR FURTHER INFORMATION CONTACT: A the extent consistent with copy of this ICR, with applicable Overview of CFATS Personnel Surety payment authorities including supporting documentation, may be Process the applicable Medicaid State obtained through the Federal The CFATS Personnel Surety Program plan. Rulemaking Portal at http:// identifies individuals with terrorist ties www.regulations.gov. by comparing PII submitted by each Dated: February 4, 2009. SUPPLEMENTARY INFORMATION: high-risk chemical facility to the PII of Robert G. McSwain, Program Description known or suspected terrorists on the Director, Indian Health Service. consolidated and integrated terrorist [FR Doc. E9–13644 Filed 6–9–09; 8:45 am] The Chemical Facility Anti-Terrorism watch list maintained by the Federal BILLING CODE 4165–16–P Standards (CFATS), 6 CFR Part 27, Government in the TSDB. require high-risk chemical facilities to The representative(s) of each high-risk submit personally identifiable chemical facility with access to the information (PII) from facility personnel Chemical Security Assessment Tool DEPARTMENT OF HOMELAND and, as appropriate, unescorted visitors (CSAT), the online data collection portal SECURITY with access to restricted areas or critical for CFATS, will submit PII of affected National Protection and Programs assets at those facilities. This PII will be individuals to the CFATS Personnel Directorate Office of Infrastructure screened against the consolidated and Surety Program via CSAT. The PII to be Protection integrated terrorist watch list submitted is the data needed by DHS to maintained by the Federal Government conduct screening against the [Docket No. DHS–2009–0026] in the Terrorist Screening Database consolidated and integrated terrorist (TSDB) to identify known or suspected watch list in the TSDB. Upon receipt of Submission for Chemical Facility Anti- terrorists (i.e., individuals with terrorist each affected individual’s PII, the Terrorism Standards Personnel Surety ties). CFATS Personnel Surety Program will Program Information Collection 1670– High-risk chemical facilities must also send a copy of the PII to the NEW perform other relevant background Transportation Security Administration checks in compliance with CFATS (TSA). TSA will compare the PII AGENCY: National Protection and Personnel Surety risk-based provided by the CFATS Personnel Programs Directorate, Office of performance standard (RBPS) #12. See 6 Surety Program and the PII of known Infrastructure Protection, Infrastructure CFR 27.230(a)(12)(i–iii) (covered and suspected terrorists on the Security Compliance Division, DHS. facilities must ‘‘perform appropriate consolidated and integrated terrorist ACTION: 60-Day Notice and request for background checks … including (i) watch list in the TSDB. TSA will comments: New information collection Measures designed to verify and forward the results from all matches to request 1670–NEW. validate identity; (ii) Measures designed the Terrorist Screening Center (TSC), to check criminal history; [and] (iii) which will make a final determination SUMMARY: The Department of Homeland Measures designed to verify and of whether an individual is, or is not, a Security, National Protection and validate legal authorization to work’’). match to an individual in the TSDB. Programs Directorate, Office of The CFATS Personnel Surety Program is In the event that there is a positive Infrastructure Protection, Infrastructure not intended to halt, hinder, or replace match, the TSC will notify the Security Compliance Division (ISCD) high-risk chemical facilities’ appropriate Federal law enforcement will be submitting the following performance of background checks agency for coordination, investigative information collection request (ICR) to currently required for employment or action, and/or response. the Office of Management and Budget access to secure areas of those facilities. For positive matches, the TSC may (OMB) for review and clearance in contact the Federal agency that accordance with the Paperwork Background nominated the individual to be listed on Reduction Act of 1995. The information On October 4, 2006, the President the consolidated and integrated terrorist collection is a new information signed the Department of Homeland watch list in the TSDB for further collection. The purpose of this notice is Security Appropriations Act of 2007 details regarding the reasons for to solicit comments during a 60-day (the Act), Public Law 109–295. Section nominating the individual. public comment period prior to the 550 of the Act provides the Department DHS will not provide screening submission of this collection to OMB. of Homeland Security (DHS) with the results to high-risk chemical facilities The submission describes the nature of authority to regulate the security of nor to the individuals whose PII is the information collection, the high-risk chemical facilities. submitted by high-risk chemical categories of respondents, the estimated Section 550 requires that DHS’s facilities. As warranted, high-risk burden, and cost. regulations establish risk-based chemical facilities may be contacted by DATES: Comments are encouraged and performance standards. RBPS #12 (6 Federal law enforcement as a part of will be accepted until August 10, 2009. CFR 27.230(a)(12)) requires that appropriate law enforcement This process is conducted in accordance regulated chemical facilities implement investigation activity. (See the FBI with 5 CFR 1320.8. ‘‘measures designed to identify people System of Records published in the

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Federal Register on August 22, 2007, 72 certify that it is collecting and whether the information will have FR 47073.) submitting this information in practical utility; The CFATS Personnel Surety Program compliance with all applicable Federal, 2. Evaluate the accuracy of the will send a ‘‘verification of submission’’ State, local, and tribal laws, regulations, agency’s estimate of the burden of the to the representative(s) of high-risk and policies. proposed collection of information, chemical facilities when: (1) A new The CFATS Personnel Surety including the validity of the individual’s PII has been submitted, (2) Program’s request for an exception to methodology and assumptions used; an individual’s information has been the requirement under 5 CFR 3. Enhance the quality, utility, and updated, and (3) when an individual’s 1320.8(b)(3) would not exempt high-risk clarity of the information to be information has been removed because chemical facilities from having to collected; and he/she no longer has access to the high- adhere to applicable Federal, State, 4. Minimize the burden of the risk chemical facility’s restricted areas local, or tribal laws, regulations or collection of information on those who or critical assets. ‘‘Verifications of policies pertaining to the privacy of are to respond, including through the submission’’ will allow for high-risk facility personnel and the privacy of use of appropriate automated, chemical facilities to demonstrate unescorted visitors. In fact, this electronic, mechanical, or other compliance with their facility Site exception would allow the CFATS technological collection techniques or Security Plans and with RBPS 12. Personnel Surety Program to avoid any other forms of information technology, Affected Population conflict with such laws, regulations, and e.g., permitting electronic submissions policies. of responses. 6 CFR 27.230(a)(12) requires facility The CFATS Personnel Surety Program personnel and, as appropriate, intends to take several steps to provide The Department Is Particularly unescorted visitors with access to (1) adequate notice to high-risk Interested in Comments Which restricted areas or critical assets to chemical facilities of their 1. Respond to the Department’s undergo background checks. This responsibilities, and (2) general notice interpretation of the population affected affected population will include (1) to affected individuals whose by RBPS #12 background checks facility personnel (e.g., employees and information will be submitted by high- outlined in 6 CFR 27.230(a)(12); contractors) with access (unescorted or risk chemical facilities to the CFATS 2. Respond to fact that a Federal law otherwise) to restricted areas or critical Personnel Surety Program through this enforcement agency may, if appropriate, assets, and (2) unescorted visitors with collection. contact the high-risk chemical facility as access to restricted areas or critical As part of Site Security Plans, a part of a law enforcement assets. required by CFATS, the Department will investigation into terrorist ties of facility These background checks do not ask each high-risk chemical facility personnel; and affect facility personnel that do not have ‘‘Will the facility provide notification to 3. Respond to the Department on its access to facilities’ restricted areas or facility personnel and, as appropriate, intention to seek an exception to the critical assets, nor do they affect unescorted visitors with access to the notice requirement under 5 CFR escorted visitors. restricted areas or critical assets that 1320.8(b)(3). Request for Exception to the personal information about them has Requirement Under 5 CFR 1320.8(b)(3) been or will be submitted to DHS to Analysis The CFATS Personnel Surety Program determine if they have terrorist ties?’’ Agency High-risk chemical facilities that intends to request from OMB an Department of Homeland Security, respond positively shall then explain exception to the Paperwork Reduction Office of the Under Secretary for Act requirement, contained in 5 CFR their notification procedures. • The CFATS Personnel Surety National Protection and Programs 1320.8(b)(3), that affected individuals Directorate, Office of Infrastructure whose PII is submitted by high-risk Program will publish a specific Privacy Impact Assessment. Protection, Infrastructure Security chemical facilities be notified of the • Compliance Division. reasons for the collection, be notified The CFATS Personnel Surety Program will publish in the Federal Title: CFATS Personnel Surety how the information will be used, be Program given an estimate of the average burden Register a specific System of Records Notice. OMB Number: 1670–NEW associated with the collection, and be • Background Check to Identify notified whether responses to the The CFATS Personnel Surety Program will publish in the Federal Terrorist Ties for an Individual at a collection are voluntary or mandatory. High-Risk Chemical Facility The CFATS Personnel Surety Program Register the proposed exemptions for intends to request this exception in the disclosure as required by the Privacy Frequency event that these notices are required. Act. • The CFATS Personnel Surety As required in the schedule and Neither Section 550 of the Act nor timing in the high-risk chemical CFATS creates a requirement for high- Program will publish in the Federal Register the final exemptions for facilities Site Security Plan approved by risk chemical facilities to provide notice DHS to affected individuals whose PII is disclosure as required by the Privacy submitted to the CFATS Personnel Act. Affected Public Surety Program. DHS, however, expects Solicitation of Comments High-risk chemical facilities as each high-risk facility to adhere to defined in 6 CFR Part 27, High-risk The Office of Management and Budget applicable Federal, State, local, and chemical facility personnel, and as Is Particularly Interested in Comments tribal laws, regulations, and policies appropriate, unescorted visitors with Which pertaining to notification to individuals access to restricted areas or critical that their PII is being submitted to the 1. Evaluate whether the proposed assets Federal Government. The CFATS collection of information is necessary Personnel Surety Program will require for the proper performance of the Number of Respondents each high-risk chemical facility to functions of the agency, including 354,400 individuals

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Estimated Time Per Respondent SUPPLEMENTARY INFORMATION: In support of the policy of the Coast 0.59 hours (35.4 minutes) Establishment of the Merchant Mariner Guard on gender and ethnic diversity, Medical Advisory Committee. The we encourage qualified women and Total Burden Hours Federal Advisory Committee Act members of minority groups to apply. 210,351.7 annual burden hours (FACA), 5 U.S.C. App. (Pub. L. 92–463), All members shall serve as Special governs the establishment of committees Government Employees (SGE), as Total Burden Cost (capital/startup) by Federal agencies. This committee defined in section 202(a) of title 18, $0.00 will be established as a discretionary United States Code. As a candidate for advisory committee that will operate in appointment as an SGE, applicants are Total Burden Cost (operating/ accordance with the provisions of the required to complete a Confidential maintaining) Federal Advisory Committee Act Financial Disclosure Report (OGE Form $17,669,543 (FACA) (5 U.S.C. App.) and pursuant to 450). A completed OGE Form 450 is not Signed: June 4, 2009. the provisions of 5 U.S.C. 451. The releasable to the public except under an Philip Reitinger, Committee will advise, consult with, order issued by a Federal court or as otherwise provided under the Privacy Deputy Under Secretary, National Protection report to, and make recommendations to and Programs Directorate Department of the Secretary on matters relating to the Act (5 U.S.C. 552a). Only the Designated Homeland Security. medical evaluation process and Agency Ethics Official (DAEO) or the [FR Doc. E9–13618 Filed 6–9–09; 8:45 am] evaluation criteria for medical DAEO’s designate may release a Confidential Financial Disclosure BILLING CODE 9110–9P–P certification of merchant mariners. This may include but is not limited to: Report. • Commenting on Physical If you are interested in applying to DEPARTMENT OF HOMELAND Qualification Requirements; become a member of the Committee, • SECURITY Developing, communicating, and send a completed application to Captain considering expert based and scientific Eric Christensen, DFO of the MMMAC. Coast Guard recommendations; Send the application in time for it to be • Examining such other matters, received by the DFO on or before [Docket No. USCG–2009–0446] related to those above, that the Secretary August 3, 2009. A copy of the application form is Merchant Mariner Medical Advisory may charge the Committee with available in the docket for this notice. Committee; Vacancies addressing; • Conducting studies, inquiries, To visit our online docket, go to AGENCY: Coast Guard, DHS. workshops, and seminars in http://www.regulations.gov, enter the ACTION: Notice of committee consultation with individuals and docket number for this notice USCG– establishment and request for groups in the private sector and/or state 2009–0446 in the Search box, and click applications. and local government jurisdictions; ‘‘Go >>.’’ Applicants may also request • Reviewing work from other an application form via fax at 1–202– SUMMARY: The Secretary of Homeland agencies’ medical advisory boards to 372–1918. Security is establishing the Merchant recommend uniform guidelines for Dated: June 3, 2009. Mariner Medical Advisory Committee medical/functional fitness for operators J. A. Watson, (MMMAC) under authority of 6 U.S.C. of commercial vessels. 451 and shall operate under the The Committee will meet at least once Rear Admiral, U.S. Coast Guard, Director, Prevention Policy. provisions of the Federal Advisory a year. It may also meet for additional Committee Act (FACA) (5 U.S.C. App.). purposes. Subcommittees and working [FR Doc. E9–13634 Filed 6–9–09; 8:45 am] Individuals interested in serving on this groups may also meet to consider BILLING CODE 4910–15–P committee are invited to apply for specific problems. membership. Request for Applications DEPARTMENT OF HOMELAND DATES: Completed application forms for The Committee will be composed of SECURITY membership should reach the Coast fourteen members. Ten Committee Guard on or before August 3, 2009. Federal Emergency Management members shall be health-care Agency ADDRESSES: You may request a copy of professionals with particular expertise, the charter for the Merchant Mariner knowledge, or experience regarding the [Docket ID FEMA–2008–0022] Medical Advisory Committee or a form medical examinations of merchant to apply for membership by writing to mariners or occupational medicine. Criteria for Preparation and Evaluation Captain Eric Christensen, Designated Four Committee members shall be of Radiological Emergency Response Federal Officer (DFO) of the Merchant professional mariners with knowledge Plans and Preparedness in Support of Mariner Medical Advisory Committee, and experience in mariners’ Nuclear Power Plants; NUREG–0654/ 2100 SW 2nd St., Washington, DC occupational requirements. FEMA–REP–1/Rev. 1 Supplement 4 and 20593. Completed applications should Initial appointments to the MMMAC FEMA Radiological Emergency be sent to the DFO at this same address. shall be for terms of office of one, two, Preparedness Program Manual A copy of this notice, the Committee or three years. Thereafter, members AGENCY: Federal Emergency charter, and the application form are shall serve terms of three years. available in our online docket, USCG– Management Agency, DHS. Approximately one-third of members’ ACTION: Extension of comment period. 2009–0446, at http:// terms of office shall expire each year. A www.regulations.gov. member appointed to fill an unexpired SUMMARY: The Federal Emergency FOR FURTHER INFORMATION CONTACT: term shall serve the remainder of that Management Agency (FEMA) is Lieutenant J. Court Smith, Assistant term. All members may serve more than extending the comment period for two DFO of the Merchant Mariner Medical one term. In the event the MMMAC documents: The proposed Supplement 4 Advisory Committee; telephone 1–202– terminates, all appointments to the (Supplement 4) to ‘‘Criteria for 372–1128 or [email protected]. committee shall terminate. Preparation and Evaluation of

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Radiological Emergency Response Plans FOR FURTHER INFORMATION CONTACT: licensees and their offsite counterparts, and Preparedness in Support of Nuclear Craig Fiore, Deputy Chief, Radiological FEMA and the NRC have determined Power Plants,’’ NUREG–0654/FEMA– Emergency Preparedness Branch, that it is in the interest of all parties to REP–1/Rev. 1 (NUREG–0654), and the Technological Hazards Division, extend the comment period. proposed Radiological Emergency National Preparedness Directorate, Authorities: FEMA proposes to issue Preparedness Program Manual (the [email protected], (703) 605–4218. the new REPP Manual, and FEMA and REPP Manual). The original comment SUPPLEMENTARY INFORMATION: The the NRC propose to issue Supplement 4 period was scheduled to conclude on Federal Emergency Management Agency to NUREG–0654 under the authority of: August 3, 2009. FEMA is extending the (FEMA) is extending the comment Reorganization Plan No. 3 of 1978; period until October 19, 2009. period for two documents: the proposed Presidential Directive of Dec. 7, 1979; DATES: This notice is effective June 3, Supplement 4 (Supplement 4) to Executive Order 12148 ‘‘Federal 2009. Comments must be received by ‘‘Criteria for Preparation and Evaluation Emergency Management’’; section 201 October 19, 2009. of Radiological Emergency Response of the Disaster Relief Act of 1974, 42 U.S.C. 5131, as amended by the Robert ADDRESSES: The proposed Supplement 4 Plans and Preparedness in Support of Nuclear Power Plants,’’ NUREG–0654/ T. Stafford Disaster Relief and and the proposed REPP Manual are Emergency Assistance Act, as amended available online at http:// FEMA–REP–1/Rev. 1 (NUREG–0654), and the proposed Radiological (Pub. L. 93–288); Homeland Security www.regulations.gov. You may also Act of 2002, 6 U.S.C. 101 et seq., as view hard copies of these documents at Emergency Preparedness Program Manual (the REPP Manual). amended by the Post Katrina Emergency the Office of Chief Counsel, Federal Management Reform Act (Pub. L. 109– Emergency Management Agency, Room NUREG–0654 is a joint document issued by the Nuclear Regulatory 295); NRC Authorization Acts of 1980 835, 500 C Street, SW., Washington, DC (Pub. L. 96–295) and 1982–1983 (Pub. L. 20472. You may submit comments on Commission (NRC) and FEMA that contains the Evaluation Criteria against 97–415); Atomic Energy Act of 1954, as the proposed Supplement 4 and the amended, 42 U.S.C. 2011 et seq.; Energy proposed REPP Manual, identified by which FEMA and the NRC measure the emergency preparedness plans of Reorganization Act of 1974, 42 U.S.C. Docket ID FEMA–2008–0022, by one of 5801 et seq.; Energy Policy Act of 2005, the following methods: Nuclear Power Plant owners and operators and the State, local, and Tribal 42 U.S.C. 15801 note; Homeland Federal eRulemaking Portal: http:// jurisdictions in which they sit. The Security Presidential Directive 5: www.regulations.gov. Follow the REPP Manual provides additional Management of Domestic Incidents; and instructions for submitting comments. implementation guidance for State, Homeland Security Presidential E-mail: FEMA–[email protected]. local, and Tribal jurisdictions. Directive 8: National Preparedness; 10 Include ‘‘Docket ID FEMA–2008–0022’’ Supplement 4 revises and provides CFR part 50; 10 CFR part 50, Appendix in the subject line of the message. additional offsite requirements for E; 44 CFR part 350. Fax: 703–483–2999. emergency preparedness programs at Dated: June 4, 2009. Mail/Hand Delivery/Courier: the Nation’s nuclear power plants, as W. Craig Fugate, Regulation & Policy Team, Office of well as requirements for backup means Administrator. Chief Counsel, Federal Emergency for alert and notification, and [FR Doc. E9–13609 Filed 6–9–09; 8:45 am] Management Agency, Room 835, 500 C coordination between licensees and BILLING CODE 9110–21–P Street, SW., Washington, DC 20472. offsite responders. The REPP Manual Instructions: All submissions received consolidates all of the FEMA must include the agency name and Radiological Emergency Preparedness Docket ID. Also, because FEMA is Program’s many operative guidance and DEPARTMENT OF HOUSING AND collecting comments on two documents policy documents into one location, and URBAN DEVELOPMENT in this docket, please also identify the provides additional guidance on the [Docket No. FR–5281–N–50] document to which your comment proposed changes in Supplement 4. applies. Regardless of the method used FEMA published a notice of Notice of Submission of Proposed for submitting comments or material, all availability for these two documents on Information Collection to OMB; submissions will be posted, without May 18, 2009, at 74 FR 23198. The Emergency Comment Request; 2009 change, to the Federal eRulemaking original comment period was scheduled American Housing Survey—New Portal at http://www.regulations.gov, to conclude on August 3, 2009. In Orleans Metropolitan Sample and will include any personal response to public comments, FEMA AGENCY: Office of the Chief Information information you provide. Therefore, and the NRC have jointly determined to Officer, HUD. submitting this information makes it extend the comment period until public. You may wish to read the October 19, 2009. Since the May 18 ACTION: Notice of proposed information Privacy Act notice that is available on publication of the notice of availability, collection. the Privacy and Use Notice link on the FEMA has received several comments SUMMARY: The proposed information Administration Navigation Bar of requesting that the period be extended collection requirement described below http://www.regulations.gov. beyond the original 75 day period. has been submitted to the Office of Docket: For access to the docket to These requests have suggested a range of Management and Budget (OMB) for read background documents or more appropriate comment periods, emergency review and approval, as comments received, go to the Federal lasting from 150 to 180 days. Various required by the Paperwork Reduction eRulemaking Portal at http:// organizations cited the voluminous Act. The Department is soliciting public www.regulations.gov, and search for material put forth by the agencies for comments on the subject proposal. Docket ID ‘‘FEMA–2008–0022.’’ comment. Because the proposed Submitted comments may also be regulatory amendments and guidance DATES: Comments Due Date: June 24, inspected at FEMA, Office of Chief documents cover many significant legal, 2009. Counsel, Room 835, 500 C Street, SW., regulatory and policy matters that may ADDRESSES: Interested persons are Washington, DC 20472. require a time consuming review by invited to submit comments regarding

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this proposal. Comments must be area. In addition, the New Orleans Authority: The Paperwork Reduction Act received within fourteen (14) days from sample will provide information about of 1995, 44 U.S.C. Chapter 35, as amended. the date of this Notice. Comments people who rebuilt or rehabilitated their Dated: June 3, 2009. should refer to the proposal by name homes as a result of Hurricane Katrina, Lillian Deitzer, and/or OMB approval number and or are still in the process of renovating Departmental Reports Management Officer, should be sent to: Ms. Kimberly P. their homes; people who were living in Office of the Chief Information Officer. Nelson, HUD Desk Officer, Office of New Orleans pre-Katrina, but who have [FR Doc. E9–13632 Filed 6–9–09; 8:45 am] Management and Budget, New moved to a different address in the New BILLING CODE 4210–67–P Executive Office Building, Washington, Orleans metro; and property that existed DC 20502; e-mail: pre-Katrina, but has not been restored or _ _ Kimberly P. [email protected]; fax: where a person is living in a trailer on INTERNATIONAL TRADE (202) 395–6974. a lot. Title 12, United States Code, COMMISSION FOR FURTHER INFORMATION CONTACT: Sections 1701Z–1, 1701Z–2(g), and Lillian Deitzer, Reports Management 1710Z–10a mandates the collection of [Investigation Nos. 701–TA–463 and 731– TA–1159 (Preliminary)] Officer, QDAM, Department of Housing this information. The 2009 American and Urban Development, 451 Seventh Housing Survey New Orleans Metropolitan sample is similar to Certain Oil Country Tubular Goods Street, SW., Washington, DC 20410; from China; Determinations e-mail: [email protected]; previous American Housing Surveys telephone (202) 402–8048. This is not a (AHS) in that it collects data on subjects On the basis of the record 1 developed toll-free number. Copies of available such as the amount and types of in the subject investigations, the United documents should be submitted to OMB changes in the inventory, the physical States International Trade Commission and may be obtained from Ms. Deitzer. condition of the inventory, the (Commission) determines, pursuant to characteristics of the occupants, the SUPPLEMENTARY INFORMATION: sections 703(a) and 733(a) of the Tariff This persons eligible for and beneficiaries of notice informs the public that the Act of 1930 (19 U.S.C. 1671b(a) and 19 assisted housing by race and ethnicity, U.S.C. 1673b(a)) (the Act), that there is Department of Housing and Urban and the number and characteristics of Development has submitted to OMB a a reasonable indication that an industry vacancies. Policy analysts, program in the United States is materially request for approval of the Information managers, budget analysts, and collection described below. This notice injured by reason of imports from China Congressional staff use AHS data to of certain oil country tubular goods is soliciting comments from members of advise executive and legislative (OCTG) provided for in subheadings the public and affecting agencies branches about housing conditions and 7304.29, 7305.20 and 7306.29 of the concerning the proposed collection of the suitability of public policy Harmonized Tariff Schedule of the information to: (1) Evaluate whether the initiatives. Academic researchers and United States. OCTG imported from proposed collection of information is private organizations also use AHS data China are alleged to be subsidized and necessary for the proper performance of in efforts of specific interest and sold in the United States at less than fair the functions of the agency, including concern to their respective value (LTFV). whether the information will have communities. The Department of practical utility; (2) Evaluate the Housing and Urban Development (HUD) Commencement of Final Phase accuracy of the agency’s estimate of the needs the AHS data for two important Investigations burden of the proposed collection of uses. Pursuant to section 207.18 of the information; (3) Enhance the quality, 1. With the data, policy analysts can Commission’s rules, the Commission utility, and clarity of the information to monitor the interaction among housing also gives notice of the commencement be collected; and (4) Minimize the needs, demand and supply, as well as of the final phase of its investigations. burden of the collection of information changes in housing conditions and The Commission will issue a final phase on those who are to respond; including costs, to aid in the development of notice of scheduling, which will be through the use of appropriate housing policies and the design of published in the Federal Register as automated collection techniques or housing programs appropriate for provided in section 207.21 of the other forms of information technology, different target groups, such as first-time Commission’s rules, upon notice from e.g., permitting electronic submission of home buyers and the elderly. the Department of Commerce responses. 2. With the data, HUD can evaluate, (Commerce) of affirmative preliminary This notice also lists the following monitor, and design HUD programs to determinations in the investigations information: improve efficiency and effectiveness. under sections 703(b) and 733(b) of the Title of Proposal: 2009 American OMB Control Number: 2528–Pending. Act, or, if the preliminary Housing Survey—New Orleans Agency Form Numbers: Computerized determinations are negative, upon Metropolitan Sample. Versions of AHS–2161, AHS–22/62 and notice of affirmative final Description of Information Collection: AHS–23/63. determinations in those investigations This is a new information collection. Members of the Affected Public: under sections 705(a) and 735(a) of the The Department of Housing and Urban Households. Act. Parties that filed entries of Development is seeking emergency Estimation of the total numbers of appearance in the preliminary phase of review of the Paperwork Reduction Act hours needed to prepare the information the investigations need not enter a Requirements associated with the 2009 collection including number of separate appearance for the final phase American Housing Survey—New responses, frequency of responses, and of the investigations. Industrial users, Orleans Metropolitan Sample. This hours of responses: The number of and, if the merchandise under document provides notice that this respondents is 5,400 and the number of investigation is sold at the retail level, emergency request is necessary at this responses is 4,644. The estimated total representative consumer organizations, time because it is essential to provide a number of burden hours needed to periodic measure of the size and prepare the information collection is 1 The record is defined in sec. 207.2(f) of the composition of the housing inventory 3,654; the frequency of response is once. Commission’s Rules of Practice and Procedure (19 for the select New Orleans metropolitan Respondent’s Obligation: Voluntary. CFR 207.2(f)).

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have the right to appear as parties in Thursday, May 14, 2009, at the U.S. meeting and authorize this record to be Commission antidumping and Parole Commission, 5550 Friendship made available to the public. countervailing duty investigations. The Boulevard, 4th Floor, Chevy Chase, Dated: June 1, 2009. Secretary will prepare a public service Maryland 20815. The purpose of the Isaac Fulwood, list containing the names and addresses meeting was to decide two petitions for Chairman, U.S. Parole Commission. of all persons, or their representatives, reconsideration pursuant to 28 CFR who are parties to the investigations. Section 2.27. Four Commissioners were [FR Doc. E9–13399 Filed 6–9–09; 8:45 am] BILLING CODE 4410–01–M Background present, constituting a quorum when the vote to close the meeting was submitted. On April 8, 2009, a petition was filed Public announcement further with the Commission and Commerce by describing the subject matter of the DEPARTMENT OF LABOR Maverick Tube Corporation, Houston, meeting and certifications of General TX; United States Steel Corporation, Counsel that this meeting may be closed Employment Standards Administration Dallas, TX; V&M Star LP, Houston, TX; by vote of the Commissioners present V&M Tubular Corporation of America, Proposed Extension of the Approval of were submitted to the Commissioners Information Collection Requirements Houston, TX; TMK IPSCO, Camanche, prior to the conduct of any other IA; Evraz Rocky Mountain Steel, Pueblo, business. Upon motion duly made, ACTION: Notice. CO; Wheatland Tube Corp., Wheatland, seconded, and carried, the following PA; and the United Steel, Paper and Commissioners voted that the meeting SUMMARY: The Department of Labor, as Forestry, Rubber, Manufacturing, be closed: Edward F. Reilly, Jr., part of its continuing effort to reduce Energy, Allied Industrial and Service Cranston J. Mitchell, Isaac Fulwood, Jr. paperwork and respondent burden, Workers International Union, AFL–CIO– and Patricia K. Cushwa. conducts a preclearance consultation CLC, Pittsburgh, PA. Accordingly, In witness whereof, I make this official program to provide the general public effective April 8, 2009, the Commission record of the vote taken to close this and Federal agencies with an instituted countervailing duty meeting and authorize this record to be opportunity to comment on proposed investigation No. 701–TA–463 and made available to the public. and/or continuing collections of antidumping duty investigations No. information in accordance with the 731–TA–1159 (Preliminary). Dated: May 14, 2009. Edward F. Reilly, Jr., Paperwork Reduction Act of 1995 Notice of the institution of the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Chairman, U.S. Parole Commission. Commission’s investigations and of a program helps to ensure that requested public conference to be held in [FR Doc. E9–13398 Filed 6–9–09; 8:45 am] data can be provided in the desired connection therewith was given by BILLING CODE 4410–01–M format, reporting burden (time and posting copies of the notice in the Office financial resources) is minimized, of the Secretary, U.S. International DEPARTMENT OF JUSTICE collection instruments are clearly Trade Commission, Washington, DC, understood, and the impact of collection and by publishing the notice in the United States Parole Commission requirements on respondents can be Federal Register of April 8, 2009 (74 FR properly assessed. Currently, the 16009). The conference was held in Record of Vote of Meeting Closure; Employment Standards Administration Washington, DC, on April 29, 2009, and (Pub. L. 94–409) (5 U.S.C. Sec. 552b) is soliciting comments concerning its all persons who requested the proposal to extend the Office of opportunity were permitted to appear in I, Isaac Fulwood, Chairman of the Management and Budget (OMB) person or by counsel. United States Parole Commission, was approval of the Information Collection: The Commission transmitted its present at a meeting of said Secretary of Labor’s Opportunity Award, determinations in these investigations to Commission, which started at Exemplary Voluntary Effort (EVE) the Secretary of Commerce on May 26, approximately 10 a.m., on Thursday, Award, and Exemplary Public Interest 2009. The views of the Commission are May 21, 2009 at the U.S. Parole Contribution (EPIC) Award. A copy of contained in USITC Publication 4081 Commission, 5550 Friendship the proposed information collection (June 2009), entitled Certain Oil Country Boulevard, 4th Floor, Chevy Chase, request can be obtained by contacting Tubular Goods from China: Maryland 20815. The purpose of the the office listed below in the ADDRESSES Investigation Nos. 701–TA–463 and meeting was to approve or disapprove section of this Notice. 731–TA–1156–1159 (Preliminary). the appointment of a hearing examiner. DATES: Four Commissioners were present, Written comments must be William R. Bishop, constituting a quorum, when the vote to submitted to the office listed in the Acting Secretary. close the meeting was submitted. addresses section below on or before [FR Doc. E9–13526 Filed 6–9–09; 8:45 am] Public announcement further August 10, 2009. BILLING CODE 7020–02–P describing the subject matter of the ADDRESSES: Mr. Steven D. Lawrence, meeting and certifications of General U.S. Department of Labor, 200 Counsel that this meeting may be closed Constitution Ave., NW., Room S–3201, DEPARTMENT OF JUSTICE by vote of the Commissioners present Washington, DC 20210, telephone (202) were submitted to the Commissioners 693–0292, fax (202) 693–1451, Email United States Parole Commission prior to the conduct of any other [email protected]. Please use only one method of transmission for Record of Vote of Meeting Closure; business. Upon motion duly made, comments (mail, fax, or Email). (Public Law 94–409) (5 U.S.C. Sec. seconded, and carried, the following 552b) Commissioners voted that the meeting SUPPLEMENTARY INFORMATION: be closed: Isaac Fulwood, Cranston J. I. Background: The Office of Federal I, Edward F. Reilly, Jr., of the United Mitchell, Edward F. Reilly, Jr., and Contract Compliance Programs (OFCCP) States Parole Commission, was present Patricia Cushwa. is responsible for the administration of at a meeting of said Commission, which In witness whereof, I make this official the Secretary of Labor’s Opportunity started at approximately 11:30 a.m., on record of the vote taken to close this Award, Exemplary Voluntary Effort

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(EVE) Award, and Exemplary Public technological collection techniques or DEPARTMENT OF LABOR Interest Contribution (EPIC) Award. other forms of information technology, These awards are presented annually to e.g., permitting electronic submissions Employment and Training Federal contractors and non-profit of responses. Administration organizations whose activities support III. Current Actions: OFCCP seeks a the mission of the OFCCP. The Request for Certification of three-year extension for the approval of recognition of Federal contractors who Compliance —Rural Industrialization are in compliance with the OFCCP the Secretary of Labor’s Opportunity Loan and Grant Program regulations and who work with Award, Exemplary Voluntary Effort (EVE) Award, and Exemplary Public AGENCY: Employment and Training community and public interest Administration, Labor. organizations sends a positive message Interest Contribution (EPIC) Award. ACTION: throughout the U.S. Labor Force and There is no change in the substance or Notice. method of collection since the last OMB business community. SUMMARY: The Employment and The Secretary of Labor’s Opportunity approval. OFCCP revised the burden Training Administration is issuing this Award and EVE Award recipients must hour estimates associated with the notice to announce the receipt of a be Federal contractors covered by awards based on the number of ‘‘Certification of Non-Relocation and Executive Order 11246, as amended; nominations received for Calendar Year Market and Capacity Information Section 503 of the Rehabilitation Act of (CY) 2008. During CY 2008, OFCCP Report’’ (Form 4279–2) for the 1973, as amended; and the Vietnam Era received nominations for three (3) following: Veterans’ Readjustment Assistance Act Secretary of Labor’s Opportunity Applicant/Location: Barrel O’Fun of 1974, as amended. Awards, nine (9) EVE Awards, and Snack Foods, Inc./Perham, Minnesota. The Secretary of Labor’s Opportunity fourteen (14) EPIC Awards. This Award is presented to one contractor Principal Product/Purpose: The loan, information collection recognizes each year that has established and guarantee, or grant application is to outstanding Federal contractors and instituted comprehensive workforce allow an existing manufacturer to strategies to ensure equal employment non-profit public interest organizations purchase equipment and expand its opportunity. The EVE Award is given to that have created exceptional equal facility to manufacture pretzels and those contractors who have opportunity and nondiscrimination tortilla chips. The NAICS industry code demonstrated through programs or programs that support the OFCCP’s for this enterprise is: 311919 Other activities, exemplary and innovative mission. Snack Food Manufacturing. efforts to create an inclusive American Type of Review: Extension. DATES: All interested parties may submit workforce. The EPIC Award is presented comments in writing no later than June Agency: Employment Standards 24, 2009. Copies of adverse comments to public interest organizations that Administration. have supported equal employment received will be forwarded to the opportunity and linked their efforts OMB Number: 1215–0201 applicant noted above. with those of the Federal contractors to Affected Public: Business or other for- ADDRESSES: Address all comments enhance employment opportunities for profit, not-for-profit institutions. concerning this notice to Anthony D. those with the least opportunity to join Total Respondents: 26. Dais, U.S. Department of Labor, the workforce. Guidelines for the Employment and Training nomination process can be found in Total Annual Responses: 26. Administration, 200 Constitution Administrative Notice Number 261 Estimated Total Burden Hours: 3,174. Avenue, NW., Room S–4231, dated February 02, 2004; to view the Estimated Time per Response: 122 Washington, DC 20210; or e-mail Notice visit OFCCP web page address at minutes [email protected]; or transmit via http://www.dol.gov/esa/ofccp/media/ fax (202) 693–3015 (this is not a toll-free reports/evedr261.htm. This information Frequency: Annually. number). collection is currently approved for use Total Burden Cost (capital/startup): FOR FURTHER INFORMATION CONTACT: through January 31, 2010. $0. Anthony D. Dais, at telephone number II. Review Focus: The Department of Total Burden Cost (operating/ (202) 693–2784 (this is not a toll-free Labor is particularly interested in number). comments that: maintenance): $0. • Evaluate whether the proposed Comments submitted in response to SUPPLEMENTARY INFORMATION: Section collection of information is necessary this notice will be summarized and/or 188 of the Consolidated Farm and Rural for the proper performance of the included in the request for Office of Development Act of 1972, as established functions of the agency, including Management and Budget approval of the under 29 CFR part 75, authorizes the whether the information will have information collection request; they will United States Department of Agriculture practical utility; also become a matter of public record. to make or guarantee loans or grants to • Evaluate the accuracy of the finance industrial and business agency’s estimate of the burden of the Dated: June 4, 2009. activities in rural areas. The Secretary of proposed collection of information, Hazel M. Bell, Labor must review the application for including the validity of the Acting Chief, Branch of Management Review financial assistance for the purpose of methodology and assumptions used; and Internal Control, Division of Financial certifying to the Secretary of Agriculture • Enhance the quality, utility, and Management, Office of Management, that the assistance is not calculated, or clarity of the information to be Administration and Planning, Employment likely, to result in: (a) A transfer of any collected; and Standards Administration. employment or business activity from • Minimize the burden of the [FR Doc. E9–13594 Filed 6–9–09; 8:45 am] one area to another by the loan collection of information on those who BILLING CODE 4510–CM–P applicant’s business operation; or, (b) are to respond, including through the An increase in the production of goods, use of appropriate automated, materials, services, or facilities in an electronic, mechanical, or other area where there is not sufficient

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demand to employ the efficient capacity ADDRESSES: Applications for grants Grant Category Being Announced of existing competitive enterprises submitted under this competition must Under this solicitation for grant unless the financial assistance will not be submitted electronically using the applications, OSHA will accept have an adverse impact on existing government-wide Grants.gov Apply site applications for the Targeted Topic competitive enterprises in the area. The at: http://www.grants.gov. If applying training grant category. The emphasis Employment and Training online poses a hardship to any for applications submitted for the Target Administration within the Department applicant, the OSHA Directorate of Topic training grant category should be of Labor is responsible for the review Training and Education will provide on conducting training for multiple and certification process. Comments assistance to ensure that applications employers and their workers addressing should address the two bases for are submitted online by the closing date. safety and health hazards associated certification and, if possible, provide Applicants must contact the OSHA with one of the selected training topic data to assist in the analysis of these Directorate of Training and Education areas listed below. issues. office listed on the announcement at least one week prior to the application Topics for the Targeted Topic Training Signed at Washington, DC this 4th of June, Category 2009. deadline date (or no later than 4:30 Gay M. Gilbert, p.m., E.T., on July 17, 2009) to speak to Organizations funded for Targeted Administrator, Office of Workforce a representative who can provide Topic training category grants are Investment, Employment and Training assistance to ensure that applications expected to develop and provide Administration. are submitted online by the closing date. occupational safety and health training [FR Doc. E9–13548 Filed 6–9–09; 8:45 am] Requests for extensions to this deadline and/or educational programs addressing one of the topics selected by OSHA; BILLING CODE 4510–FN–P will not be granted. Further information regarding submitting your grant recruit workers and employers for the application electronically is listed in training; and conduct and evaluate the DEPARTMENT OF LABOR Section IV, Item 3, Submission Date, training. Grantees are also expected to Times, and Addresses. conduct follow-up evaluations with Occupational Safety and Health individuals trained by their program to FOR FURTHER INFORMATION CONTACT: Any Administration determine what, if any, changes were questions regarding this SGA should be made to reduce hazards in their Susan Harwood Training Grant directed to Cynthia Bencheck, Program workplaces as a result of the training. If Program, FY 2009 Analyst, e-mail address: your organization plans to train workers [email protected], tel: 847–297– or employers in any of the 26 states AGENCY: Occupational Safety and Health 4810 (note that this is not a toll-free operating OSHA-approved State Plans, Administration, Labor. number), or Jim Barnes, Director, Office State OSHA requirements for that state ACTION: Initial announcement of of Training and Educational Programs, must be included in the training. availability of funds and solicitation for e-mail address: [email protected], tel: Twenty-four different training topics grant applications (SGA). 847–297–4810 (note that this is not a were selected for this grant toll-free number). To obtain further Funding Opportunity No.: SHTG–FY– announcement. OSHA may award information on the Susan Harwood grants for some or all of the listed 09–02. Training Grant Program of the U.S. Catalog of Federal Domestic Targeted Topic training topics. Department of Labor, visit the OSHA Applicants are required to focus their Assistance No.: 17.502. Web site at: http://www.osha.gov. grant application proposal to address SUMMARY: The U.S. Department of only one of the training topics from the Labor, Occupational Safety and Health SUPPLEMENTARY INFORMATION: list of 24 training topics OSHA has Administration (OSHA) awards funds to selected for this grant solicitation. nonprofit organizations to provide I. Funding Opportunity Description Applicants wishing to address more training and educational programs for Overview of the Susan Harwood than one of the announced grant employers and workers about safety and Training Grant Program training topics must submit a separate health topics selected by OSHA. grant application for each topic. Each Nonprofit organizations, including The Susan Harwood Training Grant application must propose a plan for qualifying labor unions and community- Program provides funds for programs to developing and conducting training based and faith-based organizations that train workers and employers to programs addressing the recognition are not an agency of a State or local recognize, avoid, and prevent safety and and prevention of safety and health government are eligible to apply. health hazards in their workplaces. The hazards that focuses on one of the Additionally, State or local government- program emphasizes four areas: training topics listed below. supported institutions of higher • Educating workers and employers education are eligible to apply in in small businesses. For purposes of this Training Topics That Address accordance with 29 CFR part 95. This grant program, a small business is one Construction Industry Hazards notice announces grant availability for with 250 or fewer employees. Programs that train workers and Susan Harwood Training Program • Training workers and employers employers in the recognition and grants. All information and forms about new OSHA standards. prevention of safety and health hazards needed to apply for this funding addressing one of the following training • Training at-risk worker and opportunity are published as part of this topic areas. SGA or are available on the Grants.gov employer populations. 1. Crane Safety, including but not site. • Training workers and employers limited to the following subtopics: DATES: Grant applications must be about high risk activities or hazards safety hazards relating to Derricks, received electronically by the identified by OSHA through the Overhead Hazards, and Tower Grants.gov system no later than 4:30 Department of Labor’s Strategic Plan, or Cranes p.m., E.T., on Friday, July 24, 2009, the as part of an OSHA special emphasis 2. Fall Protection, including but not application deadline date. program. limited to the following subtopics:

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Ladders, Roofs, Scaffolds, and Steel 16. Safety and Health Management II. Award Information Erection Systems for Small and Medium- 3. Construction Focus Four hazards, Sized Businesses Targeted Topic training grants will be integrating all four elements in awarded for a 24-month project Training Topics That Address Other training programs: Falls, performance period. The 24-month Safety and Health Topic Areas Electrocution, Caught-in and project period for these grants begins no Struck-by Programs that train workers and later than September 30, 2009. There is 4. Health Hazards in Construction, employers in the recognition and approximately $6.9 million available for including but not limited to the prevention of safety and health hazards the Targeted Topic grant category in following subtopics: Hexavalent addressing one of the following training 2009. The average Federal award will be Chromium, Lead, Noise, Silica with topic areas. approximately $250,000. Historically, a special emphasis on training non- 17. Alternative Energy Industry the Harwood Grant Program has been English speaking/limited-English- Hazards, including but not limited reauthorized from year to year. The proficient workers to the following subtopics: Biofuels, Department of Labor expects, but cannot 5. Safety Hazards related to Elevated Tower Work, Hydrogen guarantee, that this will be so in the Mechanized, Over-the-Road and Production and Distribution, Solar future. If Congress appropriates the Heavy Construction Equipment, Farming, and Wind Farming necessary funds, the Department of including but not limited to the 18. Electrical Safety, including but not Labor will award second year grants to following subtopic: Compactor limited to the following subtopics: eligible applicants. Rollovers Arc Flash and Personal Protective 6. Work Zone Safety Equipment (PPE) for Arc Flash, III. Eligibility Information Proper Grounding Techniques, and 1. Eligible Applicants Training Topics That Address General Electrical Transmission and Industry Hazards Distribution Nonprofit organizations, including Programs that train workers and 19. Ergonomics, including but not qualifying labor unions and community- employers in the recognition and limited to the following subtopics: based and faith-based organizations that prevention of safety and health hazards Nursing Homes, Poultry Processing, are not an agency of a State or local addressing one of the following training Retail Grocery Stores, Masonry government are eligible to apply. topic areas. Construction, and Solid Waste Additionally, State or local government- Removal 7. Combustible Dust, including but not supported institutions of higher limited to the following subtopics: 20. Heat Stress Exposure, including but education are eligible to apply in Controlling Ignition Sources, not limited to migrant workers accordance with 29 CFR part 95. Controlling Dust Accumulations, 21. Maritime, including but not limited Eligible organizations can apply Grain Handling Operations to the following subtopics: 8. Emergency Preparedness and Maritime Standards, Longshoring, independently for funding or in Response, including but not limited Marine Terminals, Shipbreaking, partnership with other eligible to the following subtopics: Shipyard Safety Hazards including organizations, but in such a case, the Pandemic Flu and Continuity of Electrical Hazards and Arc Flash, lead organization must be identified. Operations Ergonomics, Personal Protective Sub-grants are not authorized. 9. Falls in General Industry Equipment (PPE) including Subcontracts, if any, must be awarded 10. Materials Handling, including but Flotation Devices, and Emergency in accordance with 29 CFR 95.40–48, not limited to the following Procedures including OMB circulars requiring full subtopics: Cranes, Hazardous 22. Native American Tribal Safety and and open competition for procurement Materials, and Slings Health Issues, including but not transactions, to the maximum extent 11. Health Hazards in General Industry, limited to the following subtopics: practicable. including but not limited to the Confined Space, Bloodborne A 501(c)(4) nonprofit organization, as following subtopics: Isocyanates, Pathogens, Construction Safety, described in 26 U.S.C. 501(c)(4), that and Metal Working Fluids Health and Safety in Waste Water engages in lobbying activities will not 12. Landscaping and Tree Service Treatment Facilities, and in the be eligible for the receipt of Federal Safety, including but not limited to Health Care Industry funds constituting an award, grant or the following subtopic: Hearing 23. Oil and Gas, including but not loan. See 1 U.S.C. 1611. Conservation with a special limited to the following subtopics: emphasis on training non-English Exploration, Production, and Well Applicants other than State or local speaking/limited-English-proficient Development government supported institutions of workers 24. OSHA Recordkeeping Process. higher education will be required to 13. Night time Sanitation, Maintenance Develop materials and conduct submit evidence of nonprofit status and Cleanup Crews working the training to train workers and from the Internal Revenue Service (IRS). Third Shift in Food Processing employers in the recognition and 2. Cost Sharing or Matching Industries such as red meat, compliance requirements of the poultry, and fish, including but not Recordkeeping system to accurately Applicants are not required to limited to the following subtopics: record cases and respond to injury contribute non-Federal resources. Lockout/Tagout, Confined Spaces, or illness information appropriately Carbon Monoxide Hazards in the following sections contained 3. Other Eligibility Requirements 14. Powered Industrial Trucks under Part 1904: General Recording Legal rules pertaining to inherently 15. Process Safety Management, Criteria (1904.7), Covered religious activities by organizations that including but not limited to the Employees (1904.31), Employee receive Federal financial assistance. following subtopics: Chemical Involvement (1904.35), and Plants, Ethanol Plants, Refineries, Prohibition Against Discrimination The U. S. Government is generally and Anhydrous Ammonia (1904.36) prohibited from providing ‘‘direct’’

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financial assistance for inherently Bradstreet to complete this form. (a) Accurate, current and complete religious activities.1 Information about ‘‘Obtaining a DUNS disclosure of the financial results of The Grantee may be a faith-based Number—A Guide for Federal Grant and each Federally sponsored project. organization or work with and partner Cooperative Agreement Applicants’’ is (b) Records that identify adequately with religious institutions; however, available at: http:// the source and application of funds for ‘‘direct’’ federal assistance provided www.whitehouse.gov/omb/grants/ Federally sponsored activities. under grants with the U.S. Department duns_num_guide. pdf. (c) Effective control over and of Labor may not be used for religious (2) Survey on Ensuring Equal accountability for all funds, property instruction, worship, prayer, Opportunity for Applicants (Faith-Based and other assets. proselytizing or other inherently EEO Survey) form OMB No. 1890–0014. (d) Comparison of outlays with budget religious practices. 29 CFR Part 2, (3) Program Summary (described amounts. (e) Written procedures to minimize Subpart D governs the treatment in further in subsection B below). The the time elapsing between the transfer of Department of Labor government program summary is a short one-to-two funds. programs of religious organizations and page single-sided abstract that (f) Written procedures for determining religious activities; the Grantee and sub- succinctly summarizes the proposed the reasonableness, allocability and contractors are expected to be aware of project and provides information about allowability of costs. and observe the regulations in this the applicant organization. subpart. (g) Accounting records, including cost (4) Budget Information form (SF accounting records that are supported IV. Application and Submission 424A). by source documentation. Information (5) Detailed Project Budget Backup. (13) Any attachments such as resumes 1. Application Package The detailed budget backup will of key personnel or position provide a detailed breakout of the costs descriptions, exhibits, information on All information and forms needed to that are listed in Section B of the SF prior government grants, and signed apply for this funding opportunity are 424A Budget Information form. If published as part of this SGA or are letters of commitment to the project. applicable, provide a copy of approved Please limit the number of attachments available on the Grants.gov site. For indirect cost rate agreement and informational purposes, the complete to essential documents only. statement of program income. Indirect To be considered responsive to this Federal Register notice is also posted on costs may only be requested if your solicitation, the application must the OSHA Susan Harwood Training organization already has a current Grant Program Web site at: http:// consist of the above mentioned separate approved indirect cost rate agreement. www.osha.gov/dcsp/ote/sharwood.html. parts. Major sections and sub-sections of (6) A description of any voluntary the application should be divided and 2. Content and Form of Application non-federal resource contribution to be clearly identified, and all pages shall be Submission provided by the applicant, including numbered. Standard forms, attachments, Each grant application must address source of funds and estimated amount. exhibits and the Program Summary only one of the 24 announced training (7) Technical Proposal program abstract are not counted toward the page topics. Organizations interested in narrative (described further in limit. applying for grants for more than one of subsection B below), not to exceed 30 The forms listed above are available the announced grant training topics single-sided pages, double-spaced, 12- through the www.Grants.gov site and must submit a separate application for point font, containing: Problem must be submitted electronically as a each grant training topic. Statement/Need for Funds; part of your grant application. In the Administrative and Program Capability; Grants.gov system, there is a window A. Required Contents and Work Plan. containing a menu of ‘‘Mandatory A complete application will contain (8) Assurances form (SF 424B). Documents’’ which must be completed the following mandatory forms, (9) Combined Assurances form (ED and submitted online within the system. mandatory document attachments and 80–0013). For all other attachments such as the optional attachments. Program Summary, Detailed Budget (10) Organizational Chart. (1) Application for Federal Assistance Backup, Technical Proposal, etc., please form (SF 424). The individual signing (11) Evidence of Non-Profit status scan these documents into a single the SF 424 form on behalf of the from the Internal Revenue Service (IRS), Adobe Acrobat file and attach the applicant must be authorized to bind if applicable. (Does not apply to State document in the area for attachments. the applicant. and local government-supported Your organization is required to have institutions of higher education.) B. Budget Information a Data Universal Number System (12) Accounting System Certification, Applicants must include the (DUNS) number from Dun and if applicable. Organizations that receive following required grant project budget less than $1 million annually in Federal information. 1 In this context, the term direct financial grants must attach a certification signed (1) Budget Information form (SF assistance means financial assistance that is by your certifying official stating that 424A). provided directly by a government entity or an intermediate organization, as opposed to financial your organization has a functioning (2) A Detailed Project Budget that assistance that an organization receives as the result accounting system that meets the clearly details the costs of performing of the genuine and independent private choice of criteria below. Your organization may all of the requirements presented in this a beneficiary. In other contexts, the term ‘‘direct’’ also designate a qualified entity (include solicitation. The detailed budget will financial assistance may be used to refer to financial assistance that an organization receives directly the name and address in the break out the costs that are listed in from the Federal government (also known as documentation) to maintain a Section B of the SF 424A Budget ‘‘discretionary’’ assistance), as opposed to functioning accounting system that Information form. Applicants are asked assistance that it receives from a State or Local meets the criteria below. The to plan for a funding level based on government (also known as ‘‘indirect’’ or ‘‘block’’ grant assistance). The term ‘‘direct’’ has the former certification should attest that your funds needed to perform work plan and meaning throughout this solicitation for grant organization’s accounting system administrative activities for the grant applications (SGA). provides for the following: project performance period.

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Applicants are reminded to budget for the capability to successfully administer • Summary of the Proposed Project. compliance with the administrative the grant and to meet the objectives of Write a brief program summary of your requirements set forth. (Copies of all this solicitation. The Technical Proposal proposed grant project. regulations that are referenced in this will be rated in accordance with the • Applicant Background. Describe solicitation for grant applications (SGA) selection criteria specified in Section V. your applicant organization, including are available on-line at no cost at: The Program Summary and Technical its mission, identify the type of non- http: Proposal must include the following profit organization it is, and provide a //www.osha.gov/dcsp/ote/ sections. description of your membership, if any. sharwood.html.) This includes the costs (1) Program Summary. An abstract of Your description should indicate how of performing activities such as travel the application, not to exceed two many full-time and part-time employees for two staff members, one program and single-sided pages, that must include your organization employs. one financial, to the Washington, DC, the following information. (2) The Technical Proposal program area to attend a new grantee orientation • Applicant organization’s full legal narrative segment, which is not to meeting; financial audit, if required; name. exceed 30 single-sided, double-spaced, • project closeout; document preparation Project Director’s name, title, street 12-point font pages in length, must (e.g., quarterly progress reports, project address for overnight delivery service, address each section listed below. documents); and ensuring compliance and mailing address if it is different • Problem Statement/Need for Funds. with procurement and property from the street address, telephone and Describe the hazards that will be standards. fax numbers, and e-mail address. The addressed in your program, the target The Detailed Project Budget should Project Director is the person who will population(s) that will benefit from your break out administrative costs be responsible for the day-to-day training and educational program, and separately from programmatic costs for operation and administration of the the barriers that have prevented this both federal and non-federal funds. program. The Project Director’s name population from receiving adequate Administrative costs include indirect should also be the same name you list training. When you discuss target costs from the costs pool and the cost of on the Application for Federal populations, include geographic activities, materials, meeting close-out Assistance form (SF–424) in section f. location(s) to be served, and the number requirements as described in Section VI, Name and contact information of person of workers and employers to be reached. and personnel (e.g., administrative to be contacted on matters involving • Administrative and Program assistants) who support the management this application. Capability. Briefly describe your and administration of the project but do • Authorized Representative/ organization’s functions and activities. not provide direct services to project Certifying Representative’s name, title, Relate this description of functions to beneficiaries. Indirect cost charges, street address for overnight delivery your organizational chart that you will which are considered administrative service, and mailing address if it is include in the application. If your costs, must be supported with a copy of different from the street address, organization is conducting, or has a current approved Indirect Cost Rate telephone and fax numbers, and e-mail conducted within the last five years, any Agreement form. Administrative costs address. The Authorized other government (Federal, State, or cannot exceed 25% of the total grant Representative/Certifying local) grant programs, the application budget. The project budget should Representative is the official in your must include an attachment (which will clearly demonstrate that the total organization who is authorized to enter not count towards the page limit) amount and distribution of funds are into grant agreements. The Authorized providing information regarding sufficient to cover the cost of all major Representative/Certifying previous grants including a) the project activities identified by the Representative’s name should also be organization for which the work was applicant in its proposal, and must same name you list on the Application done, and b) the dollar value of the comply with Federal cost principles for Federal Assistance form (SF–424) in grant. If your organization has not had (which can be found in the applicable section 21 for Authorized previous grant experience, you may OMB Circulars). Representative. partner with an organization that has (3) A description of any voluntary • If someone other than the grant experience to manage the grant. If non-federal resource contribution to be Authorized Representative/Certifying you use this approach, the management provided by the applicant, including Representative described above will be organization must be identified and its source of funds and estimated amount. authorized by your organization to grant program experience discussed. submit and sign off on quarterly • Program Experience. Describe your C. Program Summary and Technical financial reports (SF 269 forms) for organization’s experience conducting Proposal OSHA, provide their name, title, street the type of program that you are The Program Summary and the address for overnight delivery service, proposing. Include program specifics Technical Proposal will contain the and mailing address if it is different such as program titles, numbers trained narrative segments of the application. from the street address, telephone and and duration of training. Experience The Program Summary abstract is not to fax numbers, and e-mail address. includes safety and health experience, exceed two single-sided, 12-point font, • Funding Amount. List the amount training experience with adults, and typed pages. The Technical Proposal of Federal funding you are requesting to programs operated specifically for the program narrative section is not to perform work plan and administrative selected target population(s). Nonprofit exceed 30 single-sided (81⁄2″ × 11″ or activities for the grant project organizations, including community- A4), double-spaced, 12-point font, typed performance period. If your organization based and faith-based organizations, pages, consisting of the Problem is contributing non-Federal resources, that do not have prior experience in Statement/Need for Funds, also list the amount of non-Federal safety and health may partner with an Administrative and Program Capability, resources and the source of those funds. established safety and health and Work Plan. Reviewers will only • Grant Topic. List the one grant organization to acquire safety and health consider Technical Proposal training topic and industry your expertise. information up to the 30-page limit. The organization has selected to target in its • Staff Experience. Describe the Technical Proposal must demonstrate application. qualifications of the professional staff

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you will assign to the program. Include for the training. If your organization is site review, if feasible, with individuals resumes of staff already on board. If an educational institution, also describe who attended the training to find out some positions are vacant, include the educational activities your what changes were made to abate position descriptions/minimum hiring organization will conduct on hazards in their workplaces. Include qualifications instead of resumes. Constitution Day, September 17. timetables for follow-up and for Qualified staff is generally defined as • Work Plan Quarterly Projections. submitting a summary of the assessment persons with safety and health For training and other quantifiable results to OSHA. experience and a) training experience activities, estimate how many (e.g., (3) An organizational chart of the staff with adults or b) experience working number of advisory committee that will be working on this grant and with the target population. meetings, classes to be conducted, their location within the applicant • Work Plan. Develop a 24-month workers and employers to be trained, organization. work plan that is broken out by calendar etc.) you will accomplish each quarter Attachments: Summaries of other year quarters. An outline of specific of the grant (grant quarters match relevant organizational experiences; items required in your work plan calendar quarters, i.e., January to March, information on prior government grants; follows. April to June) and provide the training re´sume´s of key personnel and/or • Each educational institution that number totals for the grant. Substantiate position descriptions; and signed letters receives Federal funds for a fiscal year the methodology used to develop your of commitment to the project. Please shall hold an educational program on projections. Grantees are accountable for limit the number of attachments to the United States Constitution on accomplishing the activities listed in essential documents only. September 17 of such year for the their work plans and meeting quarterly Acceptable formats for document students served by the educational projections. Quarterly projections are attachments submitted as a part of a institution. Per Section 111 of Division used to measure your actual Grants.gov grant application include J of Public Law 108–447, the performance against your plans. If you Microsoft Office 2003 or 2007 and ‘‘Consolidated Appropriations Act, plan to conduct a train-the-trainer Adobe Reader version 9.0, 8.1.3 and 2005,’’ December 8, 2004; 118 Stat. program, estimate the number of 8.1.2. 2809, 3344–45, requires ‘‘educational individuals you expect to be trained 3. Submission Date, Times, and institutions’’ that receive Federal funds during the grant period by those who Addresses to hold an educational program on the received the train-the-trainer training. United States Constitution on These second tier training numbers Date: The deadline date for receipt of September 17 (‘‘Constitution Day and should only be included if your applications is Friday, July 24, 2009. Citizenship Day’’) of each year. The organization is planning to formally Applications must be received by 4:30 Office of Personnel Management has follow up with the trainers to obtain this p.m., E.T., on the closing date at: placed relevant materials on its Web site data during the grant project http://www.grants.gov. Any application at the following address: http:// performance period. received after the deadline will not be opm.gov/constitution_initiative. Also, • Materials. Describe each training accepted. the U.S. Department of Education’s material you will produce under the Electronic Submission of Federal Register Notice of the grant, if not treated as a separate activity Applications: Applications for Susan Implementation of Constitution Day and under Activities above. Provide a Harwood grants under this competition Citizenship Day on September 17 of timetable for developing and producing must be submitted electronically using Each Year, published on May 24, 2005, the material. OSHA must review and the government-wide Grants.gov Apply can be found at: http:// approve training materials for technical site at: http://www.grants.gov. Through edocket.access.gpo.gov/2005/05- accuracy and suitability of content this site you will be able to download 10355.htm. Please note that this site before the materials may be used in your a copy of the application package, primarily addresses educational grant program. Therefore, your timetable complete it offline, and then upload and institutions that receive funds from the must include provisions for an OSHA submit your full application. Acceptable U.S. Department of Education. However, review of draft and camera-ready formats for document attachments it also discusses other materials that products. Acceptable formats for submitted as a part of a Grants.gov grant may be helpful to your organization. training materials include Microsoft application include Microsoft Office • Work Plan Overview. Describe your Office 2003 or 2007 and Adobe Reader 2003 or 2007 and Adobe Reader version plan for grant activities and the version 9.0, 8.1.3 and 8.1.2. Any 9.0, 8.1.3 and 8.1.2. In the Grants.gov anticipated outcomes. The overall plan previously developed training materials system, there is a window containing a will describe such things as the you are proposing to utilize in your menu of ‘‘Mandatory Documents’’ development of training materials or the grant training must also go through an which must be completed and plan to use existing training materials, OSHA review before being used. submitted online within the system. For the training content, recruiting of • Evaluations. There are three types all other attachments such as the trainees, where or how training will take of evaluations that should be conducted. Program Summary, Detailed Budget place, and the anticipated benefits to First, describe plans to evaluate the Backup, Technical Proposal, etc., please workers and employers receiving the training sessions. Second, describe your scan these documents into a single training. plans to evaluate your progress in Adobe Acrobat file and attach the • Work Plan Activities. Break your accomplishing the grant work activities document in the area for attachments. overall plan down into activities or listed in your application. This includes Applications sent by mail or other tasks. For each activity, explain what comparing planned vs. actual delivery services, e-mail, telegram, or will be done, who will do it, when it accomplishments. Discuss who is facsimile (FAX) will not be accepted. will be done, and the results of the responsible for taking corrective action Applications that do not meet the activity. When you discuss training, if plans are not being met. Third, conditions set forth in this notice will include the subjects to be taught, the describe your plans to assess the not be honored. length of the training sessions, and effectiveness of the training your For applicants using Grants.gov for training location (classroom, worksites). organization is conducting. This will the first time, it is strongly Describe how you will recruit trainees involve following-up, by survey or on- recommended that they immediately

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initiate and complete the ‘‘Get application deadline will not be (g) Generating membership in the Registered’’ steps to register with granted. grantee’s organization. This includes Grants.gov at: http://www.grants.gov/ activities to acquaint nonmembers with 4. Intergovernmental Review applicants/get_registered.jsp. These the benefits of membership, inclusion of steps will probably take multiple days The Harwood Training Grant Program membership appeals in materials to complete, which should be factored is not subject to Executive Order 12372 produced with grant funds, and into an applicant’s plans for electronic Intergovernmental Review of Federal membership drives. application submission in order to avoid Programs. (h) The cost of lost-time wages paid unexpected delays that could result in 5. Funding Restrictions by you or other organizations to the rejection of the application. students while attending grant-funded Grant funds may be spent on the If your organization is already training. following. registered with Grants.gov and there (i) Administrative costs cannot exceed (a) Conducting training. 25% of the total grant budget. have been any changes to your (b) Conducting other activities that While the activities described above organization users, such as the E- reach and inform workers and may be part of an organization’s regular Business Point of Contact or Authorized employers about workplace programs, the costs of these activities Organization Representatives, please be occupational safety and health hazards cannot be paid for by grant funds, sure that the necessary updates are and hazard abatement. made with Grants.gov to prevent delay (c) Conducting outreach and whether the funds are from non-Federal in submission of the electronic recruiting activities to increase the matching resources or from the application. Please note that registered number of workers and employers Federally funded portion of the grant. organizations must also renew their participating in the program. Determinations of allowable costs will Central Contractor Registration (CCR) (d) Developing and/or purchasing be made in accordance with the registration once a year. This process training materials for use in training. applicable Federal cost principles, e.g., takes five days to complete, so it should Grant funds may not be used for the Nonprofit Organizations—2 CFR Part be factored into an applicant’s plans for following activities under the terms of 230, formerly OMB Circular A–122; electronic application submission in the grant program. Educational Institutions—2 CFR Part order to avoid unexpected delays that (a) Any activity that is inconsistent 220, formerly OMB Circular A–21. could result in the rejection of the with the goals and objectives of the Disallowed costs are those charges to a application. Occupational Safety and Health Act of grant that the grantor agency or its If you have questions regarding the 1970. representative determines to not be process for updating your organization (b) Training individuals not covered allowed in accordance with the users or submitting your application by the Occupational Safety and Health applicable Federal cost principles or through Grants.gov, or are experiencing Act. other conditions contained in the grant. problems with electronic submissions, (c) Training workers or employers No applicant at any time will be you may contact the Grants Program from workplaces not covered by the entitled to reimbursement of pre-award Management Office via one of the Occupational Safety and Health Act. costs. Examples include: State and local methods below: V. Application Review Information • E-mail at: [email protected]. government employees in non-State Grant applications will be reviewed • Telephone the Grants.gov Contact Plan States, and employees referenced by technical panels comprised of OSHA Center Phone: 1–800–518–4726. The in section 4 (b)(1) of the Act. (d) Training on topics that do not staff. The results of the grant reviews Contact Center hours of operation are cover the recognition, avoidance, and will be presented to the Assistant Monday–Friday, 7 a.m. to 9 p.m., prevention of unsafe or unhealthy Secretary of OSHA, who will make the Eastern Time; closed on Federal working conditions. Examples of selection of organizations to be awarded holidays. unallowable topics include: workers’ grants. OSHA may award grants for • When contacting the Grants compensation, first aid, and publication some or all of the listed topic areas. It Program Management Office, the of materials prejudicial to labor or is anticipated that the grant awards will following information will help management. be announced no later than September expedite your inquiry. Æ (e) Assisting workers in arbitration 2009. Funding Opportunity Number cases or other actions against employers, (FON). or assisting employers and workers in 1. Evaluation Criteria Æ Name of Agency You Are Applying the prosecution of claims against The technical panels will review grant To. Federal, State or local governments. applications against the criteria listed Æ Specific Area of Concern. (f) Duplicating services offered by below on the basis of 100 maximum If applying online poses a hardship to OSHA, a State under an OSHA- points. Targeted Topic training grant any applicant, the OSHA Directorate of approved State Plan, or consultation category applications will be reviewed Training and Education will provide programs provided by State designated and rated as follows. assistance to ensure that applications agencies under section 21(d) of the are submitted online by the closing date. Occupational Safety and Health Act. A. Technical Approach, Program Applicants must contact the OSHA Grant applicants cannot propose to Design—50 points total Directorate of Training and Education conduct 10-hour and 30-hour OSHA Program Design office listed on the announcement at Construction Outreach Program courses (1) The proposed training and least one week prior to the application or 10-hour and 30-hour OSHA General educational program must address the deadline date (or not later than 4:30 Industry Outreach courses as a part of recognition and prevention of safety and p.m., E.T., on July 17, 2009) to speak to their grant activities. Applicants also health hazards for one of the Targeted a representative who can provide cannot propose to conduct the courses Topic subject areas identified in Section assistance to ensure that applications presented by the OSHA Training I of this SGA. (1 point) are submitted online by the closing date. Institute or its OSHA Training Institute (2) The proposal plans to train Requests for extensions to this Education Centers. workers and/or employers, clearly

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estimates the numbers to be trained, and an English version of the materials. (10 strong financial management and clearly identifies the types of workers points) internal control systems. (4 points) and employers to be trained. The (6) There is a sound plan to recruit (4) The applicant organization has training will reach workers and trainees for the program. (4 points) administered, or will work with an employers from multiple employers (7) If the proposal includes organization that has administered, a who are covered by the OSH Act. developing training materials for use in number of different Federal and/or State Substantiate the methodology used to the training program, there is a plan for grants over the past five years. (3 points) OSHA to review the training materials develop your projections. Grantees are D. Experience and Qualification of for technical accuracy and suitability of accountable for accomplishing the Personnel—15 points total activities listed in their work plans and content during development. If meeting quarterly projections. (4 points) previously-developed training products (1) The staff to be assigned to the (3) If the proposal contains a train-the- will be used for the Targeted Topic project has experience in occupational trainer program, the following training program, applicants have a plan safety and health, the specific topic information must be provided. (4 for OSHA to review the materials before chosen, and in training adults. (10 points) using the products in their grant points) • What ongoing support the grantee program. (1 point) (2) Project staff has experience in will provide to new trainers; (8) There are plans for three different recruiting, training, and working with • The number of individuals to be types of evaluation. The plans include the target population your organization trained as trainers during the grant evaluating your organization’s progress proposes to serve under the grant. (5 period; in accomplishing the grant work points) • The estimated number of courses to activities and accomplishments, 2. Review and Selection Process be conducted by the new trainers during evaluating your training sessions, and OSHA will screen all applications to the grant period; evaluating the program’s effectiveness determine whether all required proposal • The estimated number of students and impact to determine if the safety elements are present and clearly to be trained by these new trainers and health training and services identifiable. Incomplete applications during the grant period; and provided resulted in workplace change. • may be deemed non-responsive and A description of how the grantee This includes a description of the may not be evaluated. A technical panel will obtain data via a reporting system evaluation plan to follow up with will objectively rate each complete from the new trainers to document their trainees to determine the impact the application against the criteria classes and student numbers. program has had in abating hazards and described in this announcement. The (4) There is a well-developed work reducing worker injuries. (5 points) panel recommendations to the Assistant plan, and activities and training are (9) The application is complete, Secretary are advisory in nature. The adequately described. The planned including forms, budget detail, narrative Assistant Secretary may establish a activities and training are appropriately and work plan, and required minimally acceptable rating range for tailored to the needs and levels of the attachments. (1 point) workers and employers to be trained. the purpose of selecting qualified The target audience to be served B. Budget—20 points total applicants. The Assistant Secretary will through the grant program is described. (1) The budgeted costs are reasonable. make a final selection determination (20 points) No more than 25% of the total budget based on what is most advantageous to (5) The training materials and training is for administration. (12 points) the government, considering factors programs are tailored to the training (2) The budget complies with federal such as panel findings, geographic needs of one or more of the following cost principles (which can be found in presence of the applicants, Agency target audiences; and the need for the applicable OMB Circulars) and with priorities, the best value to the training is established: small businesses; OSHA budget requirements contained government, cost, and other factors. The new businesses; non-English speaking/ in the grant application instructions. (3 Assistant Secretary’s determination for limited English proficient, non-literate points) award under this solicitation for grant and low literacy workers; youth; (3) The cost per trainee is less than applications (SGA) is final. immigrant and minority workers, and $500 and the cost per training hour is 3. Anticipated Announcement and other hard-to-reach workers; and reasonable. (5 points) Award Dates workers in high-hazard industries and industries with high fatality rates. C. Experience of Organization—15 Announcement of these awards is Grant proposals which include points total expected to occur no later than training programs and training materials (1) The organization applying for the September 30, 2009. for hard-to-reach and non-English grant demonstrates experience with The grant agreements will be awarded speaking/limited English proficient occupational safety and health. by no later than September 2009. workers will receive special Applicants that do not have prior VI. Award Administration Information consideration. experience in providing safety and Organizations proposing to develop health training to workers or employers 1. Award Process Spanish-language training materials may partner with an established safety Organizations selected as grant must utilize the OSHA Dictionaries and health organization to acquire safety recipients will be notified by a (English-to-Spanish and Spanish-to- and health expertise. (4 points) representative of the Assistant English) for terminology. The (2) The organization applying for the Secretary. An applicant whose proposal dictionaries are available on the OSHA grant demonstrates experience training is not selected will be notified in Web site at: http://www.osha.gov/dcsp/ adults in work-related subjects or in writing. compliance_assistance/ recruiting, training and working with Notice that an organization has been spanish_dictionaries.html. the target audience for this grant. (4 selected as a grant recipient does not Organizations proposing to develop points) constitute approval of the grant materials in languages other than (3) The application organization application as submitted. Before the English will also be required to provide demonstrates that the applicant has actual grant award, OSHA will enter

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into negotiations concerning such items part 98, and to complete a special the materials must be provided to as program components, staffing and lobbying certification. OSHA. Acceptable formats for training funding levels, and administrative Training Audience. Grant-funded materials include Microsoft Office 2003 systems. If the negotiations do not result training programs must serve multiple or 2007 and Adobe Reader version 9.0, in an acceptable submittal, the Assistant employers and their workers. Grant- 8.1.3 and 8.1.2. Secretary reserves the right to terminate funded training programs must serve As stated in 29 CFR 95.36, the the negotiation and decline to fund the individuals covered by the Department of Labor reserves a royalty- proposal. Occupational Safety and Health Act of free, nonexclusive and irrevocable right 1970. Grant-funded training and Note: Except as specifically provided, to reproduce, publish, or otherwise use OSHA’s acceptance of a proposal and an services cannot serve employees of for federal purposes any work produced award of Federal funds to sponsor any other federal agencies or OSHA under a grant, and to authorize others to program(s) does not provide a waiver of any employees. As a part of the grant close- do so. Applicants should note that grant requirement or procedures. For out process, grantees must self-certify grantees must agree to provide the example, if an application identifies a that their grant-funded programs and Department of Labor a paid-up, specific sub-contractor to provide services, materials were not provided to nonexclusive and irrevocable license to the USDOL OSHA award does not provide ineligible audiences. reproduce, publish, or otherwise use for the justification or basis to sole-source the Other. In keeping with the policies federal purposes all products procurement, i.e., to avoid competition. outlined in Executive Orders 13256, developed, or for which ownership was 12928, 13230, and 13021 as amended, purchased, under an award including, 2. Administrative and National Policy the grantee is strongly encouraged to Requirements but not limited to, curricula, training provide subcontracting opportunities to models, technical assistance products, All grantees, including faith-based Historically Black Colleges and and any related materials, and to organizations, will be subject to Universities, Hispanic Serving authorize the Department of Labor to do applicable federal laws and regulations Institutions, and Tribal Colleges and so. Such uses include, but are not (including provisions of appropriations Universities. limited to, the right to modify and law) and the applicable Office of Freedom of Information Act (FOIA). distribute such products worldwide by Management and Budget (OMB) Submission of the grant application any means, electronic or otherwise. Circulars. The grant award(s) awarded information is required in order for the Acknowledgment of USDOL Funding. under this SGA will be subject to the applicant to be considered for a grant In all circumstances, all approved grant- following administrative standards and award. Information submitted in the funded materials developed by a grantee provisions, as applicable to the respondent’s application is not shall contain the following disclaimer: particular grantee: considered confidential. Awarded grant This material was produced under 29 CFR Part 2, Subpart D, new equal application packages are releasable grant number ____ from the treatment regulations. under the Freedom of Information Act. Occupational Safety and Health 29 CFR Parts 31, 32, 35 and 36 as However, information protected from Administration, U.S. Department of applicable. disclosure under the Privacy Act will be Labor. It does not necessarily reflect the 29 CFR Part 93, new restrictions on withheld. views or policies of the U.S. Department lobbying. 3. Special Program Requirements of Labor, nor does mention of trade names, commercial products, or 29 CFR Part 95, which covers grant OSHA review of training materials. organizations imply endorsement by the requirements for nonprofit OSHA will review all educational U.S. Government. organizations, including universities materials produced by the grantee for and hospitals. These are the Department Public reference to grant: When technical accuracy and suitability of issuing statements, press releases, of Labor regulations implementing 2 content during development and before CFR Part 215, formerly OMB Circular requests for proposals, bid solicitations, final publication. OSHA will also and other documents describing projects A–110. review previously-developed training 29 CFR Part 98, government-wide or programs funded in whole or in part curricula and purchased training with federal money, all grantees debarment and suspension materials for technical accuracy and (nonprocurement) and government-wide receiving federal funds must clearly suitability of content before the state: requirements for drug-free workplace materials are used. Grantees developing • (grants). The percentage of the total costs of training materials must follow all the program or project that will be 2 CFR Part 220, formerly OMB copyright laws and provide written financed with federal money; Circular A–21, which describes certification that their materials are free • The dollar amount of federal allowable and unallowable costs for from copyright infringements. financial assistance for the project or educational institutions. When grant recipients produce program; and 2 CFR Part 230, formerly OMB training materials, they must provide • The percentage and dollar amount circular A–122, which describes copies of completed final-product of the total costs of the project or allowable and unallowable costs for materials to OSHA before the end of the program that will be financed by non- other nonprofit organizations. grant period. OSHA has a lending governmental sources. OMB Circular A–133, 29 CFR parts 96 program that circulates grant-produced Use of U.S. Department of Labor and 99, which provide information audiovisual materials. Audiovisual (USDOL) OSHA Logo: The USDOL– about audit requirements. materials produced by the grantee as a OSHA logo may not be applied to any Certifications. All applicants are part of its grant program may be grant products developed with grant required to certify to a drug-free included in this lending program. In funds. workplace in accordance with 29 CFR addition, all materials produced by part 98, to comply with the New grantees must be provided to OSHA in 4. Reporting Restrictions on Lobbying published at hard copy as well as in a digital format Grantees are required by 29 CFR part 93, to make a certification (CD Rom/DVD) for possible publication Departmental regulations to submit regarding the debarment rules at 29 CFR on the Internet by OSHA. Two copies of program and financial reports each

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calendar quarter. All reports are due no Signed at Washington, DC, this 4th day of 25–26, 2009 in Rooms 527 and M–09 at later than 30 days after the end of the June, 2009. the Nancy Hanks Center, 1100 fiscal quarter. Program reports shall be Jordan Barab, Pennsylvania Avenue, NW., submitted to the appropriate OSHA Acting Assistant Secretary of Labor for Washington, DC 20506. Regional Office. Financial reports shall Occupational Safety and Health. A portion of this meeting, from 2 be submitted via the DOL E–Grants Application Document Checklist p.m.–5 p.m. on June 25th, will be closed system. The Grantee(s) shall submit for National Medal of Arts review and financial reports on a quarterly basis. Application for Federal Assistance (SF recommendations. The remainder of the The first reporting period shall end on 424 form) meeting, from 9 a.m. to 12 p.m. on June the last day of the fiscal quarter Budget Information (SF 424A form) 26th (ending time is approximate), will (December 31, March 31, June 30, or Assurances (SF 424B form) be open to the public on a space September 30) during which the grant Combined Assurances for (ED 80–0013 available basis. After opening remarks was signed. Financial reports are due form) and announcements, there will be a within 30 days of the end of the Survey on Ensuring Equal Opportunity presentation by 2009 Poetry Out Loud reporting period (i.e., by January 30, for Applicants (Faith-Based EEO national champion Will Farley. This April 30, July 30, and October 30). Survey), (OMB No. 1890–0014 form) will be followed by Congressional/ The Grantee(s) shall use Standard Attachments (Please attach in the White House updates. There also will be Form (SF) 269, Financial Status Report, following order): presentations from the Baltimore to report the status of funds, at the Program Summary (not to exceed two Museum of Art (the Cone Collection) project level, during the grant period. A single-sided pages) and the Meserve-Kunhardt Foundation final SF269 shall be submitted no later Detailed Project Budget Backup (Gordon Parks photographs) as well as than 90 days following completion of If applicable: provide a copy of a performance/presentation by the grant period. The SF269 reports will approved indirect cost rate agreement, Signature Theatre. The Council will be submitted electronically through the statement of program income, and a then review and vote on applications Department of Labor (DOL) E–Grants description of any voluntary non-federal and guidelines, and the meeting will system. It is expected that the Federal resource contribution to be provided by conclude with a general discussion. Financial Report (FFR) will replace the the applicant, including source of funds The closed portions of meetings are SF269 by October 1, 2009, as mandated and estimated amount. for the purpose of review, discussion, by the Office of Management and Technical Proposal, program evaluation, and recommendations on Budget. When available, the FFR will narrative, not to exceed 30 single-sided awards under the National Foundation replace the SF269 in DOL E–Grants. The pages, double-spaced, 12-point font, on the Arts and the Humanities Act of quarterly and final reporting containing: Problem Statement/Need for 1965, as amended, including requirements will not change. Funds; Administrative and Program information given in confidence to the Technical Progress Reports: After Capability; and Work plan. agency. In accordance with the signing the agreement, the Grantee(s) Organizational Chart Evidence of shall submit technical progress reports determination of the Chairman of Nonprofit status, (letter from the IRS), if February 28, 2008, these sessions will to USDOL/OSHA Regional Offices at the applicable Accounting System end of each fiscal quarter. Technical be closed to the public pursuant to Certification, if applicable; Other subsection (c)(6) of section 552b of Title progress reports provide both Attachments such as: Resumes of key quantitative and qualitative information 5, United States Code. personnel or position descriptions, If, in the course of the open session and a narrative assessment of exhibits, information on prior performance for the preceding three- discussion, it becomes necessary for the government grants, and signed letters of Council to discuss non-public month period. OSHA Form 171 shall be commitment to the project. used for reporting training numbers. In commercial or financial information of addition, a narrative report shall be Note: In the Grants.gov system, there is a intrinsic value, the Council will go into window containing a menu of ‘‘Mandatory closed session pursuant to subsection provided that details grant activities Documents’’ which must be completed and conducted during the quarter, provides (c)(4) of the Government in the submitted online within the system. For all Sunshine Act, 5 U.S.C. 552b. an assessment of how the project is other attachments such as the Program progressing in achieving its stated Summary, Detailed Budget Backup, Additionally, discussion concerning objectives, and notes any problems or Technical Proposal, etc., please scan these purely personal information about delays along with corrective actions documents into a single Adobe Acrobat file individuals, submitted with grant proposed. The first reporting period and attach the document in the area for applications, such as personal shall end on the last day of the fiscal attachments. biographical and salary data or medical information, may be conducted by the quarter (December 31, March 31, June [FR Doc. E9–13516 Filed 6–9–09; 8:45 am] Council in closed session in accordance 30, or September 30) during which the BILLING CODE P grant was signed. Quarterly progress with subsection (c)(6) of 5 U.S.C. 552b. reports are due within 30 days of the Any interested persons may attend, as end of the report period (i.e., by January observers, Council discussions and NATIONAL FOUNDATION FOR THE 30, April 30, July 30, and October 30.) reviews that are open to the public. If ARTS AND THE HUMANITIES Between reporting dates, the Grantees(s) you need special accommodations due shall also immediately inform USDOL/ National Endowment for the Arts; to a disability, please contact the Office OSHA of significant developments and/ National Council on the Arts 167th of AccessAbility, National Endowment or problems affecting the organization’s Meeting for the Arts, 1100 Pennsylvania Avenue, ability to accomplish planned grant NW., Washington, DC 20506, 202/682– activities. Pursuant to section 10(a)(2) of the 5532, TTY–TDD 202/682–5429, at least Authority: The Occupational Safety and Federal Advisory Committee Act (Pub. seven (7) days prior to the meeting. Health Act of 1970, (29 U.S.C. 670), Public L. 92–463), as amended, notice is hereby Further information with reference to Law 111–8, and the Omnibus Appropriations given that a meeting of the National this meeting can be obtained from the Act, 2009. Council on the Arts will be held on June Office of Communications, National

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Endowment for the Arts, Washington, NUCLEAR REGULATORY license transfer and conforming DC 20506, at 202/682–5570. COMMISSION amendment. Dated: June 4, 2009. Environmental Assessment (EA) [ DOCKET NO. 72–25; NRC–2009–0076] Kathy Plowitz-Worden, Identification of Proposed Action: As Panel Coordinator, Office of Guidelines and Department of Energy, Idaho part of its request for a transfer of SNM– Panel Operations. 2512, DOE, on June 9, 2008, requested [FR Doc. E9–13512 Filed 6–9–09; 8:45 am] Operations Office, Idaho Spent Fuel Facility; Issuance of Environmental an exemption from the requirements of BILLING CODE 7537–01–P Assessment and Finding of No 10 CFR 20.1501(c)(1), which states in Significant Impact Regarding the part that ‘‘All personnel dosimeters Proposed Exemption From Certain * * * that require processing * * * must be processed and evaluated by a NATIONAL SCIENCE FOUNDATION Regulatory Requirements of 10 CFR Part 20 dosimetry processor * * * (1) Holding current personnel dosimetry Proposal Review; Notice of Meetings AGENCY: Nuclear Regulatory accreditation from the National In accordance with the Federal Commission. Voluntary Laboratory Accreditation Advisory Committee Act (Pub. L. 92– ACTION: Issuance of an Environmental Program (NVLAP) of the National 463, as amended), the National Science Assessment and Finding of No Institute of Standards and Technology.’’ Specifically, the applicant proposes Foundation (NSF) announces its intent Significant Impact. allowing the DOELAP as an approved to hold proposal review meetings alternative. The NRC’s authority to grant throughout the year. The purpose of FOR FURTHER INFORMATION CONTACT: an exemption to its 10 CFR Part 20 these meetings is to provide advice and Shana Helton, Senior Project Manager, radiation protection requirements is set recommendations concerning proposals Licensing Branch, Division of Spent forth in 10 CFR 20.2301. submitted to the NSF for financial Fuel Storage and Transportation, Office of Nuclear Material Safety and Need for the Proposed Action: The support. The agenda for each of these applicant will receive control of SNM– Safeguards (NMSS), U.S. Nuclear meetings is to review and evaluate 2512 from FWENC, as described in its Regulatory Commission (NRC), proposals as part of the selection application and SAR, subject to Rockville, MD 20852. Telephone: (301) process for awards. The review and approval of the pending license transfer 492–3284; fax number: (301) 492–3348; evaluation may also include assessment application. The applicant is e-mail: [email protected]. of the progress of awarded proposals. implementing programs and procedures The majority of these meetings will take SUPPLEMENTARY INFORMATION: Pursuant necessary to operate the as-yet-to-be- place at NSF, 4201 Wilson Blvd., to 10 CFR 20.2301, the U.S. Nuclear constructed ISFSI and seeks to have Arlington, Virginia 22230. Regulatory Commission (NRC) is those programs make efficient use of These meetings will be closed to the considering issuance of an exemption to resources. One of the programs public. The proposals being reviewed the United States Department of Energy, developed by DOE is the capability to include information of a proprietary or Idaho Operations Office (DOE or monitor personnel occupational confidential nature, including technical applicant), from the requirements of 10 radioactive dose for routine and non- information; financial data, such as CFR 20.1501(c). Section 20.1501(c) routine activities at the ISF facility. salaries; and personal information requires that dosimeter processors hold Personnel dosimetry requires processing concerning individuals associated with current personnel dosimetry by a qualified processing facility. DOE’s the proposals. These matters are exempt accreditation from the National preferred processing organization, under 5 U.S.C. 552b(c), (4) and (6) of the Voluntary Laboratory Accreditation which is accredited by DOELAP, Government in the Sunshine Act. NSF Program (NVLAP) of the National currently processes dosimetry for the will continue to review the agenda and Institute of Standards and Technology. Fort St. Vrain ISFSI (docket no. 72–9) merits of each meeting for overall Exemption from this requirement of 10 and the Three Mile Island ISFSI (docket compliance of the Federal Advisory CFR 20.1501(c) would allow DOE to use no. 72–20), also under license to DOE. Committee Act. the DOE Laboratory Accreditation According to DOE’s exemption request, These closed proposal review Program (DOELAP) process for DOELAP is deemed equivalent to meetings will not be announced on an personnel dosimetry at Idaho Spent NVLAP accreditation for the purpose of individual basis in the Federal Register. Fuel (ISF) facility independent spent demonstrating compliance with 10 CFR NSF intends to publish a notice similar fuel storage installation (ISFSI), located 20.1501(c). Use of the NVLAP process at to this on a quarterly basis. For an at the Idaho National Engineering and the ISF facility would place a burden advance listing of the closed proposal Environmental Laboratory in Butte upon DOE without any attendant health review meetings that include the names County, Idaho. or safety benefit. of the proposal review panel and the Pursuant to 10 CFR part 72, DOE Environmental Impacts of the time, date, place, and any information submitted an application, including a Proposed Action: The staff has on changes, corrections, or Safety Analysis Report (SAR), by letter examined both the NVLAP and cancellations, please visit the NSF Web dated May 30, 2008, as supplemented, DOELAP processing and standards. site: http://www.nsf.gov/events/ seeking NRC approval of the direct Both the NVLAP and DOELAP have advisory.jsp. This information may also transfer of Special Nuclear Materials similar requirements in that they be requested by telephoning 703/292– License No. 2512 (SNM–2512) for the incorporate similar test categories (type 8180. ISF facility, currently held by Foster of radiation and energy levels), Wheeler Environmental Corporation tolerance levels, bias, and performance Dated: June 5, 2009. (FWENC). The applicant is also seeking criteria. The NRC staff concludes that Susanne Bolton, NRC approval of a conforming license the DOELAP process is an acceptable Committee Management Officer. amendment, which would reflect the alternative to the NVLAP process [FR Doc. E9–13560 Filed 6–9–09; 8:45 am] proposed transfer. NRC staff is currently required by 10 CFR 20.1501(c) for the BILLING CODE 7555–01–P performing a review of the requested ISF facility.

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NUREG–1773, ‘‘Environmental Finding of No Significant Impact NUCLEAR REGULATORY Impact Statement for the Proposed COMMISSION Idaho Spent Fuel Facility at the Idaho The environmental impacts of the proposed action have been reviewed in [Docket Nos. 52–012–COL and 52–013– National Engineering and COL; ASLBP No. 09–885–08–COL–BD01] Environmental Laboratory in Butte accordance with the requirements set County, Idaho’’ (January 2004), forth in 10 CFR Part 51. Based upon the Atomic Safety and Licensing Board considered the potential environmental foregoing EA, the NRC finds that the Panel; In the Matter of South Texas impacts of licensing (including proposed action of granting an Project Nuclear Operating Company construction, operation, and exemption from 10 CFR 20.1501(c) so (South Texas Project Units 3 and 4); decommissioning) this facility. The that DOE may use the DOELAP, rather Notice and Order (Regarding Oral proposed exemption, substituting the than the NVLAP, as required by existing Argument) DOELAP accreditation process for the regulations, will not significantly NVLAP accreditation process, would impact the quality of the human June 04, 2009. not change the potential environmental environment. The NRC has determined Before the Licensing Board: Michael effects assessed in the Final not to prepare an environmental impact M. Gibson, Chairman; Gary S. Arnold; Environmental Impact Statement (FEIS) statement for the proposed exemption. Randall J. Charbeneau. described in NUREG–1773. Use of the Accordingly, it has been determined Oral argument will be heard on DOELAP accreditation process by DOE that a Finding of No Significant Impact standing and contention admissibility issues presented with regard to a at the ISF facility is an action that is is appropriate. hearing request received in this administrative and procedural in nature. For further details with respect to the proceeding, which involves the The NRC concludes that there are no application, see the application dated application of South Texas Project environmental impacts associated with May 30, 2008, and the request for the Nuclear Operating Company for a the approval of the proposed action. exemption dated June 9, 2008, available combined operating license of its Furthermore, in accordance with 10 for public inspection at the planned construction and operation of CFR 20.2301, the NRC staff concludes Commission’s Public Document Room two Advanced Boiling Water Reactors it that the use of the DOELAP (PDR), located at One White Flint North, has designated as Units 3 and 4. accreditation process at the ISF facility Public File Area O1 F21, 11555 The participants are advised of the would not result in any undue hazard Rockville Pike (first floor), Rockville, following information regarding the to life or property. Maryland. Publicly available records are schedule for the initial prehearing Alternative to the Proposed Action: accessible electronically from the conference in this proceeding: Since there are no significant Agencywide Documents Access and Date: Tuesday, June 23—Wednesday, environmental impacts associated with Management Systems (ADAMS) Public June 24, 2009. the proposed action, any alternatives Electronic Reading Room on the Internet Starting Time: 9 a.m. Central Time with equal or greater environmental at the NRC Web site, http:// (CT). impacts are not evaluated. The www.nrc.gov/reading-rm/adams.html. Location: Bay City Civic Center, Main Hall Room 100, 201 7th St., Bay City, alternative to the proposed action would The ADAMS Accession numbers for the TX 77414. be to deny approval of the 10 CFR application and exemption request are Currently, the Board anticipates that 20.1501(c) exemption and, therefore, not ML081630246 and ML081750395, allow use of the DOELAP. This this conference should last no more respectively. Persons who do not have than two days. The Board will issue a alternative would have no significant access to ADAMS or who encounter environmental impact as well. separate order in the near future problems in accessing the documents providing more information on issues it Agencies and Persons Consulted: The located in ADAMS should contact the wishes the participants to address staff discussed this exemption request NRC PDR Reference staff by telephone during the conference as well as details with Ms. Susan Burke, Idaho National at 1–800–397–4209, or 301–415–4737 or on a site visit. Laboratory (INL) Coordinator for the by e-mail to [email protected]. It is so ordered. State of Idaho, INL Oversight Program, on May 19, 2009. The State official had Dated at Rockville, Maryland this 2nd day Rockville, Maryland. June 04, 2009. of June 2009. no comments regarding the For the Atomic Safety and Licensing environmental impact of the proposed For the Nuclear Regulatory Commission. Board. action. NRC staff has determined that Shana Helton, Michael M. Gibson, the proposed action will not affect listed Senior Project Manager, Licensing Branch, Chairman. species or critical habitat. Therefore, no Division of Spent Fuel Storage and Transport, [FR Doc. E9–13574 Filed 6–9–09; 8:45 am] consultation is required under Section 7 Office of Nuclear Material Safety and BILLING CODE 7590–01–P of the Endangered Species Act. Safeguards. Likewise, NRC staff has determined that [FR Doc. E9–13577 Filed 6–9–09; 8:45 am] NUCLEAR REGULATORY the proposed action is not the type of BILLING CODE 7590–01–P activity that has potential to cause COMMISSION effects on historic properties. Therefore, [NRC–2009–0142] no consultation is required under Section 106 of the National Historic State of New Jersey: NRC Staff Preservation Act. Assessment of a Proposed Agreement Between the Nuclear Regulatory Conclusion: The staff has reviewed Commission and the State of New the exemption request submitted by Jersey DOE. Allowing the use of DOELAP as an alternative to NVLAP would have no AGENCY: Nuclear Regulatory significant impact on the environment. Commission.

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ACTION: Notice of a proposed Agreement accessing the documents located in materials, restricted to quantities not with the State of New Jersey. ADAMS, contact the NRC Public sufficient to form a critical mass. Document Room (PDR) reference staff at In a letter dated October 16, 2008, SUMMARY: By letter dated October 16, (800) 397–4209, or (301) 415–4737, or Governor Corzine certified that the State 2008, Governor Jon S. Corzine of New by e-mail to [email protected]. of New Jersey has a program for the Jersey requested that the U.S. Nuclear Copies of comments received by NRC control of radiation hazards that is Regulatory Commission (NRC or may be examined at the NRC Public adequate to protect public health and Commission) enter into an Agreement Document Room, 11555 Rockville Pike, safety within New Jersey for the with the State of New Jersey (State or Public File Area O–1–F21, Rockville, materials and activities specified in the New Jersey) as authorized by Section Maryland. Copies of the request for an proposed Agreement, and that the State 274 of the Atomic Energy Act of 1954, Agreement by the Governor of New desires to assume regulatory as amended (Act). Jersey including all information and responsibility for these materials and Under the proposed Agreement, the documentation submitted in support of activities. Included with the letter was Commission would relinquish, and the the request, and copies of the full text the text of the proposed Agreement, State would assume, portions of the of the NRC Draft Staff Assessment are which is shown in Appendix A to this Commission’s regulatory authority notice. exercised within the State. As required also available for public inspection in The radioactive materials and by the Act, the NRC is publishing the the NRC’s Public Document Room— activities (which together are usually proposed Agreement for public ADAMS Accession Numbers: referred to as the ‘‘categories of comment. The NRC is also publishing ML090510713, ML090510708, materials’’) that the State requests the summary of an assessment by the ML090510709, ML090510710, authority over are: NRC staff of the State’s regulatory ML090510711, ML090510712, (1) The possession and use of program. Comments are requested on ML090770116, and ML091400097. byproduct materials as defined in the proposed Agreement, especially its FOR FURTHER INFORMATION CONTACT: section 11e.(1) of the Act; effect on public health and safety. Torre Taylor, Office of Federal and State (2) The possession and use of Comments are also requested on the Materials and Environmental byproduct materials as defined in NRC staff assessment, the adequacy of Management Programs, U.S. Nuclear section 11e.(3) of the Act; the State’s program, and the State’s Regulatory Commission, Washington, DC 20555–0001. Telephone (301) 415– (3) The possession and use of program staff, as discussed in this byproduct materials as defined in notice. 7900 or e-mail to [email protected]. section 11e.(4) of the Act; The proposed Agreement would SUPPLEMENTARY INFORMATION: Since (4) The possession and use of source exempt persons who possess or use Section 274 of the Act was added in materials; certain radioactive materials in the State 1959, the Commission has entered into (5) The possession and use of special from portions of the Commission’s Agreements with 36 States. The nuclear materials in quantities not regulatory authority. The Act requires Agreement States currently regulate sufficient to form a critical mass; and that the NRC publish those exemptions. approximately 19,000 Agreement (6) The regulation of the land disposal Notice is hereby given that the pertinent material licenses, while the NRC of byproduct, source, or special nuclear exemptions have been previously regulates approximately 3,400 licenses. waste materials received from other published in the Federal Register and Under the proposed Agreement, persons. are codified in the Commission’s approximately 500 NRC licenses will (b) The proposed Agreement contains regulations as 10 CFR part 150. transfer to the State. The NRC articles that: DATES: The comment period ends June periodically reviews the performance of (i) Specify the materials and activities 26, 2009. Comments received after this the Agreement States to assure over which authority is transferred; date will be considered if it is practical compliance with the provisions of (ii) Specify the activities over which to do so, but the Commission cannot Section 274. the Commission will retain regulatory assure consideration of comments Section 274e requires that the terms of authority; received after the comment period ends. the proposed Agreement be published (iii) Continue the authority of the ADDRESSES: Written comments may be in the Federal Register for public Commission to safeguard nuclear submitted to Mr. Michael T. Lesar, comment once each week for four materials and restricted data; Chief, Rulemaking and Directives consecutive weeks. This notice is being (iv) Commit the State and NRC to Branch, MS TWB–05–B01M, Division of published in fulfillment of that exchange information as necessary to Administrative Services, Office of requirement. maintain coordinated and compatible Administration, Washington, DC 20555– programs; I. Background 0001. Members of the public are invited (v) Provide for the reciprocal and encouraged to submit comments (a) Section 274b of the Act provides recognition of licenses; electronically to http:// the mechanism for a State to assume (vi) Provide for the suspension or www.regulations.gov. Search on Docket regulatory authority from the NRC over termination of the Agreement; and ID: [NRC–2009–0142] and follow the certain radioactive materials and (vii) Specify the effective date of the instructions for submitting comments. activities that involve use of the proposed Agreement. The NRC maintains an Agencywide materials. The radioactive materials, The Commission reserves the option Documents Access and Management sometimes referred to as ‘‘Agreement to modify the terms of the proposed System (ADAMS), which provides text materials,’’ are: (a) Byproduct materials Agreement in response to comments, to and image files of NRC’s public as defined in Section 11e.(1) of the Act; correct errors, and to make editorial documents. The documents may be (b) byproduct materials as defined in changes. The final text of the accessed through the NRC’s Public Section 11e.(2) of the Act; (c) byproduct Agreement, with the effective date, will Electronic Reading Room on the Internet materials as defined in Section 11e.(3) be published after the Agreement is at http://www.nrc.gov/reading-rm/ of the Act; (d) byproduct materials as approved by the Commission and adams.html. If you do not have access defined in Section 11e.(4) of the Act; (e) signed by the NRC Chairman and the to ADAMS or if there are problems in source materials; and (f) special nuclear Governor of New Jersey.

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(c) The regulatory program is (d) The NRC draft staff assessment developed qualification procedures for authorized by law under the New Jersey finds that the New Jersey Department of license reviewers and inspectors which Statute N.J.S.A. 26:2D–1, the Radiation Environmental Protection (NJDEP), are similar to the NRC’s procedures. The Protection Act, which provides the Bureau of Environmental Radiation technical staff is accompanying NRC Governor with the authority to enter (BER), is adequate to protect public staff on inspections of NRC licensees in into an Agreement with the health and safety and is compatible with New Jersey. BER staff is also actively Commission. New Jersey law contains the NRC program for the regulation of supplementing their experience through provisions for the orderly transfer of Agreement materials. direct meetings, discussions, and facility visits with NRC licensees in the regulatory authority over affected II. Summary of the NRC Staff State, and through self-study, in-house licensees from the NRC to the State. Assessment of the State’s Program for training, and formal training. After the effective date of the the Control of Agreement Materials Agreement, licenses issued by NRC Overall, the NRC staff concluded that would continue in effect as State The NRC staff has examined the the BER technical staff identified by the licenses until the licenses expire or are State’s request for an Agreement with State to participate in the Agreement replaced by State-issued licenses. respect to the ability of the radiation materials program has sufficient The State currently regulates the users control program to regulate Agreement knowledge and experience in radiation of naturally-occurring and accelerator- materials. The examination was based protection, the use of radioactive produced radioactive materials (NARM). on the Commission’s policy statement materials, the standards for the ‘‘Criteria for Guidance of States and The Energy Policy Act of 2005 (EPAct) evaluation of applications for licensing, NRC in Discontinuance of NRC expanded the Commission’s regulatory and the techniques of inspecting Regulatory Authority and Assumption authority over byproduct materials as licensed users of Agreement materials. Thereof by States Through Agreement,’’ (b) Legislation and Regulations. In defined in Sections 11e.(3) and 11e.(4) (46 FR 7540; January 23, 1981, as conjunction with the rulemaking of the Act, to include certain naturally- amended by Policy Statements authority vested in the New Jersey occurring and accelerator-produced published at 46 FR 36969; July 16, 1981 Commission on Radiation Protection radioactive materials. On August 31, and at 48 FR 33376; July 21, 1983), and (N.J.S.A. 26:2D–7), the BER has the 2005, the Commission issued a time- the Office of Federal and State Materials requisite authority to promulgate limited waiver (70 FR 51581) of the and Environmental Management regulations for protection against EPAct requirements, which is effective Programs (FSME) Procedure SA–700, radiation. The law provides BER the through August 7, 2009. A plan to ‘‘Processing an Agreement’’ (available at authority to issue licenses and orders, facilitate an orderly transition of http://nrc-stp.ornl.gov/procedures/ conduct inspections, and to enforce regulatory authority with respect to sa700.pdf and http://nrc-stp.ornl.gov/ compliance with regulations, license byproduct material as defined in procedures/sa700_hb.pdf). conditions, and orders. Licensees are Sections 11e.(3) and 11e.(4) was noticed (a) Organization and Personnel. The required to provide access to inspectors. in the Federal Register on October 19, Agreement materials program will be The NRC staff verified that the State 2007 (72 FR 59158). Under the proposed located within the existing BER of the adopted the relevant NRC regulations in Agreement, the State would assume NJDEP. The BER will be responsible for 10 CFR parts 19, 20, 30, 31, 32, 33, 34, regulatory authority for these all regulatory activities related to the 35, 36, 39, 40, 61, 70, 71, and 150 into radioactive materials. The State has proposed Agreement. New Jersey Administrative Code, Title proposed an effective date for the The educational requirements for the 7, Chapter 28. The NRC staff also Agreement of no later than September BER staff members are specified in the approved two license conditions to 30, 2009. If the proposed Agreement is State’s personnel position descriptions, implement Increased Controls and approved before August 7, 2009, the and meet the NRC criteria with respect Fingerprinting and Criminal History Commission would terminate the time- to formal education or combined Records Check requirements for risk- limited waiver in the State coincident education and experience requirements. significant radioactive materials for with the effective date of the Agreement. All current staff members hold a certain State licensees under the However, if the Agreement is not bachelor of science degree in physical or proposed Agreement. These license approved prior to this date, NRC would life sciences, with many staff holding a conditions will replace the Orders that have jurisdictional authority over all master of science degree in radiation NRC issued (EA–05–090 and EA–07– uses of byproduct material within the science. All have had training and work 305) to these licensees that will transfer State. These licensees would have to experience in radiation protection. to the State. Therefore, on the proposed meet NRC regulatory requirements and Supervisory level staff has at least 5 effective date of the Agreement, the would have 6 months to apply for any years of working experience in radiation State will have adopted an adequate and necessary amendments to an NRC protection, with most having greater compatible set of radiation protection license they already possess, or 12 than 10 years of experience. regulations that apply to byproduct, months to apply for a new NRC license, The State performed an analysis of the source, and special nuclear materials in if needed. expected workload under the proposed quantities not sufficient to form a With the effective date of the New Agreement. Based on the NRC staff critical mass. The NRC staff also verified Jersey Agreement having the potential to review of the State’s staff analysis, the that the State will not attempt to enforce occur after the expiration of the time- State has an adequate number of staff to regulatory matters reserved to the limited waiver, staff is working to regulate radioactive materials under the Commission. ensure an efficient transition of NARM terms of the Agreement. The State will (c) Storage and Disposal. The State licensees in New Jersey within the legal employ a staff with the equivalent of has adopted NRC compatible requirements. The staff’s objective is to 13.25 full-time professional/technical requirements for the handling and minimize the impact to NARM licensees and administrative employees for the storage of radioactive material. The in New Jersey during the transition to Agreement materials program. State is requesting authority to regulate NRC and then back to New Jersey’s The State has indicated that the BER the land disposal of byproduct, source, regulatory authority, within a short has an adequate number of trained and and special nuclear waste materials timeframe (i.e., about 7 weeks). qualified staff in place. The State has received from other persons. The State

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waste disposal requirements cover the standards of ethical conduct for State protect public health and safety with preparation, classification, and employees. respect to the Agreement materials manifesting of radioactive waste (i) Cooperation with Other Agencies. within the State, and that the State generated by State licensees for transfer State laws provide for the recognition of desires to assume regulatory for disposal to an authorized waste existing NRC and Agreement State responsibility for the Agreement disposal site or broker. The State has licenses. New Jersey has a process in materials; and adopted the regulations for a land place for the transition of active NRC (b) The Commission finds that the disposal site but does not expect to need licenses. Upon completion of the State program is in accordance with the to implement them in the near future Agreement, all active NRC licenses requirements of Subsection 274o, and in since the State is a member of the issued to facilities in New Jersey will be all other respects compatible with the Atlantic Compact and has access to the recognized as NJDEP licenses. New Commission’s program for the waste disposal site, EnergySolutions Jersey will issue a brief licensing regulation of materials, and that the Barnwell Operations, located in document that will include licensee State program is adequate to protect Barnwell, South Carolina. specific information, as well as an public health and safety with respect to (d) Transportation of Radioactive expiration date, with a license condition the materials covered by the proposed Material. The State has adopted that authorizes receipt, acquisition, Agreement. compatible regulations to the NRC possession, and transfer of byproduct, The NRC staff has reviewed the regulations in 10 CFR part 71. Part 71 source, and/or special nuclear material; proposed Agreement, the certification contains the requirements licensees the authorized use(s); purposes; and the by the State of New Jersey in the must follow when preparing packages places of use as designated on the NRC application for an Agreement submitted containing radioactive material for license. The license condition will also by Governor Corzine on October 16, transport. Part 71 also contains commit the licensee to conduct its 2008, and the supporting information requirements related to the licensing of program in accordance with the NRC provided by NJDEP, BER, and concludes packaging for use in transporting license and commitments. The NJDEP that the State of New Jersey satisfies the radioactive materials. The State will not rules will govern unless the statements, criteria in the Commission’s policy attempt to enforce portions of the representations and procedures in the statement ‘‘Criteria for Guidance of regulations related to activities, such as licensee’s application and States and NRC in Discontinuance of approving packaging designs, which are correspondence are more restrictive NRC Regulatory Authority and reserved to NRC. than the NJDEP rules. NJDEP will then Assumption Thereof by States Through (e) Recordkeeping and Incident issue full NJDEP licenses, over Agreement,’’ and meets the Reporting. The State has adopted approximately 13 months. requirements of Section 274 of the Act. compatible regulations to the sections of The State also provides for ‘‘timely Therefore, the proposed State of New the NRC regulations which specify renewal.’’ This provision affords the Jersey program to regulate Agreement requirements for licensees to keep continuance of licenses for which an materials, as comprised of statutes, records, and to report incidents or application for renewal has been filed regulations, procedures, and staffing is accidents involving Agreement more than 30 days prior to the date of compatible with the program of the materials. expiration of the license. NRC licenses Commission and is adequate to protect (f) Evaluation of License Applications. transferred while in timely renewal are public health and safety with respect to The State has adopted compatible included under the continuation the materials covered by the proposed regulations to the NRC regulations that provision. New Jersey regulations, in Agreement. specify the requirements a person must N.J.A.C. 28:51.1, provide exemptions meet to get a license to possess or use from the State’s requirements for Dated at Rockville, Maryland, this 27th day of May 2009. radioactive materials. The State has also licensing of sources of radiation for NRC developed a licensing procedure and U.S. Department of Energy For the Nuclear Regulatory Commission. manual, along with accompanying contractors or subcontractors. The Terrence Reis, regulatory guides, which are adapted proposed Agreement commits the State Deputy Director, National Materials Program from similar NRC documents and to use its best efforts to cooperate with Directorate, Division of Materials Safety and contain guidance for the program staff the NRC and the other Agreement States State Agreements, Office of Federal and State when evaluating license applications. Materials and Environmental Management in the formulation of standards and Programs. (g) Inspections and Enforcement. The regulatory programs for the protection State has adopted a schedule providing against hazards of radiation, and to APPENDIX A for the inspection of licensees as assure that the State’s program will An Agreement Between the United States frequently as, or more frequently than, continue to be compatible with the Nuclear Regulatory Commission and the the inspection schedule used by the Commission’s program for the State of New Jersey for the Discontinuance NRC. The BER has adopted procedures regulation of Agreement materials. The of Certain Commission Regulatory Authority for the conduct of inspections, reporting proposed Agreement stipulates the and Responsibility Within the State of inspection findings, and reporting desirability of reciprocal recognition of Pursuant to Section 274 of the Atomic inspection results to the licensees. The licenses, and commits the Commission Energy Act of 1954, as Amended State has also adopted procedures for and the State to use their best efforts to Whereas, The United States Nuclear the enforcement of regulatory accord such reciprocity. Regulatory Commission (the Commission) is requirements. authorized under Section 274 of the Atomic (h) Regulatory Administration. The III. Staff Conclusion Energy Act of 1954, as amended, 42 U.S.C. State is bound by requirements Section 274d of the Act provides that 2011 et seq. (hereinafter referred to as the specified in State law for rulemaking, Act), to enter into Agreements with the the Commission shall enter into an Governor of any State/Commonwealth issuing licenses, and taking enforcement Agreement under Section 274b with any providing for discontinuance of the actions. The State has also adopted State if: regulatory authority of the Commission administrative procedures to assure fair (a) The Governor of the State certifies within the State/Commonwealth under and impartial treatment of license that the State has a program for the Chapters 6, 7, and 8, and Section 161 of the applicants. State law prescribes control of radiation hazards adequate to Act with respect to byproduct materials as

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defined in Sections 11e.(1), (2), (3), and (4) 3. The regulation of the disposal into the The State and the Commission agree to of the Act, source materials, and special ocean or sea of byproduct, source, or special keep each other informed of events, nuclear materials in quantities not sufficient nuclear materials waste as defined in the accidents, and licensee performance that may to form a critical mass; and, regulations or orders of the Commission; have generic implication or otherwise be of Whereas, The Governor of the State of New 4. The regulation of the disposal of such regulatory interest. Jersey is authorized under The Radiation other byproduct, source, or special nuclear Protection Act, N.J.S.A. 26:2D–1, to enter into materials waste as the Commission from time Article VII to time determines by regulation or order this Agreement with the Commission; and, The Commission and the State agree that Whereas, The Governor of the State of New should, because of the hazards or potential it is desirable to provide reciprocal Jersey certified on October 16, 2008, that the hazards thereof, not be disposed without a State of New Jersey (the State) has a program license from the Commission; recognition of licenses for the materials listed for the control of radiation hazards adequate 5. The evaluation of radiation safety in Article I licensed by the other party or by to protect public health and safety with information on sealed sources or devices any other Agreement State. respect to the materials within the State containing byproduct, source, or special Accordingly, the Commission and the State covered by this Agreement and that the State nuclear materials and the registration of the agree to develop appropriate rules, desires to assume regulatory responsibility sealed sources or devices for distribution, as regulations, and procedures by which such for such materials; and, provided for in regulations or orders of the reciprocity will be accorded. Whereas, The Commission found on [date] Commission; that the program of the State for the 6. The regulation of byproduct material as Article VIII regulation of the materials covered by this defined in Section 11e.(2) of the Act. The Commission, upon its own initiative Agreement is compatible with the Article III after reasonable notice and opportunity for Commission’s program for the regulation of hearing to the State, or upon request of the such materials and is adequate to protect With the exception of those activities Governor of the State, may terminate or public health and safety; and, identified in Article II, paragraphs 1 through suspend all or part of this Agreement and Whereas, The State and the Commission 4, this Agreement may be amended, upon recognize the desirability and importance of application by the State and approval by the reassert the licensing and regulatory cooperation between the Commission and the Commission, to include one or more of the authority vested in it under the Act if the State in the formulation of standards for additional activities specified in Article II, Commission finds that (1) such termination protection against hazards of radiation and in whereby the State may then exert regulatory or suspension is required to protect public assuring that State and Commission programs authority and responsibility with respect to health and safety, or (2) the State has not those activities. for protection against hazards of radiation complied with one or more of the will be coordinated and compatible; and, Article IV requirements of Section 274 of the Act. Whereas, The Commission and the State Notwithstanding this Agreement, the The Commission may also, pursuant to recognize the desirability of the reciprocal Commission may from time to time by rule, Section 274j of the Act, temporarily suspend recognition of licenses, and of the granting of regulation, or order, require that the all or part of this Agreement if, in the limited exemptions from licensing of those manufacturer, processor, or producer of any judgment of the Commission, an emergency materials subject to this Agreement; and, equipment, device, commodity, or other situation exists requiring immediate action to Whereas, This Agreement is entered into product containing source, byproduct, or pursuant to the provisions of the Act; protect public health and safety and the State special nuclear material shall not transfer has failed to take necessary steps. The Now, therefore, It is hereby agreed between possession or control of such product except Commission shall periodically review actions the Commission and the Governor of the pursuant to a license or an exemption from State acting on behalf of the State as follows: licensing issued by the Commission. taken by the State under this Agreement to ensure compliance with Section 274 of the Article I Article V Act which requires a State program to be Subject to the exceptions provided in This Agreement shall not affect the adequate to protect public health and safety Articles II, IV, and V, the Commission shall authority of the Commission under with respect to the materials covered by this discontinue, as of the effective date of this Subsection 161b or 161i of the Act to issue Agreement and to be compatible with the Agreement, the regulatory authority of the rules, regulations, or orders to protect the Commission’s program. Commission in the State under Chapters 6, 7, common defense and security, to protect and 8, and Section 161 of the Act with restricted data, or to guard against the loss or Article IX respect to the following materials: diversion of special nuclear material. 1. Byproduct materials as defined in This Agreement shall become effective on Section 11e.(1) of the Act; Article VI [date], and shall remain in effect unless and 2. Byproduct materials as defined in The Commission will cooperate with the until such time as it is terminated pursuant Section 11e.(3) of the Act; State and other Agreement States in the to Article VIII. 3. Byproduct materials as defined in formulation of standards and regulatory Done at Rockville, Maryland this [date] day Section 11e.(4) of the Act; programs of the State and the Commission for of [month], [year]. 4. Source materials; protection against hazards of radiation and to 5. Special nuclear materials in quantities assure that Commission and State programs For the United States Nuclear Regulatory not sufficient to form a critical mass; for protection against hazards of radiation Commission. 6. The regulation of the land disposal of will be coordinated and compatible. Gregory B. Jaczko, byproduct, source, or special nuclear waste The State agrees to cooperate with the Chairman. materials received from other persons. Commission and other Agreement States in Done at Trenton, New Jersey this [date] day the formulation of standards and regulatory Article II programs of the State and the Commission for of [month], [year]. This Agreement does not provide for protection against hazards of radiation and to For the State of New Jersey. discontinuance of any authority and the assure that the State’s program will continue Jon S. Corzine, Commission shall retain authority and to be compatible with the program of the Governor. responsibility with respect to: Commission for the regulation of materials [FR Doc. E9–13580 Filed 6–9–09; 8:45 am] 1. The regulation of the construction and covered by this Agreement. operation of any production or utilization The State and the Commission agree to BILLING CODE 7590–01–P facility or any uranium enrichment facility; keep each other informed of proposed 2. The regulation of the export from or changes in their respective rules and import into the United States of byproduct, regulations, and to provide each other the source, or special nuclear material, or of any opportunity for early and substantive production or utilization facility; contribution to the proposed changes.

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SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s Quotation when entered it will be COMMISSION Statement of the Purpose of, and displayed at the NBB for a sell order or Statutory Basis for, the Proposed Rule the NBO for a buy order to Exchange [Release No. 34–60040; File No. SR–BATS– Change Users (and market data recipients) for 2009–014] In its filing with the Commission, the potential execution for a variable time Exchange included statements period not to exceed 500 milliseconds, Self-Regulatory Organizations; BATS concerning the purpose of and basis for such time period to be designated by the Exchange, Inc.; Notice of Filing and the proposed rule change and discussed Exchange. Any unfilled balance of the Immediate Effectiveness of Proposed any comments it received on the order remaining after this variable Rule Change, as Modified by proposed rule change. The text of these period of time will be cancelled back to Amendment No. 1 Thereto, To Amend statements may be examined at the the User if such balance would continue BATS Rule 11.13, Entitled ‘‘Order places specified in Item IV below. The to lock or cross a Protected Quotation. Execution’’ Exchange has prepared summaries, set If, however, after the variable period of forth in Sections A, B, and C below, of time the unfilled balance would not June 3, 2009. the most significant parts of such lock or cross a Protected Quotation, then statements. such unfilled balance will remain Pursuant to Section 19(b)(1) of the posted in the BATS Book. Securities Exchange Act of 1934 A. Self-Regulatory Organization’s (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Statement of the Purpose of, and (ii) Proposed BOLT Routing notice is hereby given that on May 22, Statutory Basis for, the Proposed Rule The proposed order processing 2009, BATS Exchange, Inc. (‘‘BATS’’ or Change method, set forth in BATS Rule 11.13, the ‘‘Exchange’’) filed with the 1. Purpose will apply when an unfilled balance of Securities and Exchange Commission a routable market or limit order that is (‘‘Commission’’) the proposed rule The purpose of the proposed rule marketable against the existing NBBO change is to provide Users of the change as described in Items I and II remains after the Exchange has Exchange with another order type, as below, which Items have been prepared attempted to execute the order against well as another option with respect to by BATS. On May 29, 2009, BATS filed the BATS Book. Specifically, the the order processing methods offered by Exchange proposes to offer a method of Amendment No. 1 to the proposed rule the Exchange in connection with change. BATS has designated the processing that can be used in routing away from the Exchange. conjunction with, or instead of, routing proposed rule change, as amended, as Specifically, both the order type and the constituting a rule change under Rule options offered by the Exchange, pre-routing processing method will, through which such order will be briefly 19b-4(f)(6) under the Act,3 which after first seeking to execute against the renders the proposal, as amended, displayed to Users of the Exchange (and BATS Book, display a marketable order to Exchange market data recipients) for effective upon filing with the at the NBB for a sell order or the NBO Commission. The Commission is potential execution at a price equal to for a buy order to Exchange Users and the NBB for a sell order or the NBO for publishing this notice to solicit market data recipients for a brief, a buy order. comments on the proposed rule change, variable amount of time (not to exceed The Exchange currently allows Users as amended, from interested persons. 500 milliseconds) for potential to submit various types of orders to the execution. BATS notes that pre-routing I. Self-Regulatory Organization’s Exchange that are processed pursuant to display functionality has already been Rules 11.13(a)(1) and 11.13(a)(2). Rule Statement of the Terms of Substance of approved by the Commission for use by the Proposed Rule Change 11.13(a)(1) describes the process by the CBOE Stock Exchange and that such which an incoming order would execute The Exchange is proposing to amend functionality can be expected to provide against the BATS Book.4 To the extent BATS Rule 11.13, entitled ‘‘Order System Users with greater control over an order has not been executed in its their trading. Except for the addition of Execution,’’ to add a new order type (a entirety against the BATS Book, Rule a variation of the BATS Only order type ‘‘BATS Only BOLT Order’’) and a pre- 11.13(a)(2)(A) and (B) then describe the and changes to the routing functionality process of routing orders 5 to one or routing processing method (‘‘BOLT for market and marketable limit orders Routing’’) that will each include an more Trading Centers. The Exchange described herein, nothing in the proposes to offer the display process to optional display period through which proposal will modify or alter any a marketable order will be displayed to Users as an additional option for existing rule or process related to order processing the unfilled balance of an Exchange Users (and market data priority, order execution, trade-through recipients) for a brief period of time order that remains after an initial protection or locked or crossed markets. attempt to execute against the BATS designated by the Exchange prior to The Exchange will implement the being routed, cancelled, or posted to the Book. proposed changes such that marketable Under the proposal, after first BATS Book. BATS Only BOLT Orders and routable executing a market or marketable limit The text of the proposed rule change orders will be distinguishable from the order against the BATS Book, any is available at the Exchange’s Web site Exchange’s protected bid and protected remaining shares will be displayed at at http://www.batstrading.com, at the offer while displayed by the Exchange the NBB for a sell order or the NBO for principal office of the Exchange, and at for potential execution during the a buy order to Users of the Exchange the Commission’s Public Reference variable time period described in this and Exchange market data recipients for Room. filing. potential execution for a variable time (i) Proposed BATS Only BOLT Order period not to exceed 500 milliseconds, The proposed order type, a BATS 4 As defined in BATS Rule 1.5(d). 1 15 U.S.C. 78s(b)(1). Only BOLT Order, will first seek to 5 Market orders are routed away pursuant to Rule 2 17 CFR 240.19b–4. execute against the BATS Book. If such 11.13(a)(2)(A) and marketable limit orders are 3 17 CFR 240.19b–4(f)(6). order would lock or cross a Protected routed away pursuant to Rule 11.13(a)(2)(B).

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such time period to be designated by the III. Date of Effectiveness of the including whether the proposed rule Exchange. The BOLT routing display Proposed Rule Change and Timing for change is consistent with the Act. process will be the default processing Commission Action Comments may be submitted by any of preference, and thus, Users that do not Because the foregoing proposed rule the following methods: wish to have their orders displayed change does not: (i) Significantly affect Electronic Comments pursuant to this process prior to routing the protection of investors or the public • will be required to opt-out of the BOLT interest; (ii) impose any significant Use the Commission’s Internet comment form (http://www.sec.gov/ routing display period. burden on competition; and (iii) become operative for 30 days from the date on rules/sro.shtml); or • Send an e-mail to rule- 2. Statutory Basis which it was filed, or such shorter time [email protected]. Please include File as the Commission may designate, it has The rule change proposed in this Number SR–BATS–2009–014 on the submission is consistent with the become effective pursuant to Section 9 and Rule 19b– subject line. requirements of the Act and the rules 19(b)(3)(A) of the Act 4(f)(6) thereunder.10 Paper Comments and regulations thereunder that are A proposed rule change filed • Send paper comments in triplicate applicable to a national securities pursuant to Rule 19b–4(f)(6) under the to Elizabeth M. Murphy, Secretary, exchange, and, in particular, with the Act 11 normally does not become 6 Securities and Exchange Commission, requirements of Section 6(b) of the Act. operative for 30 days after the date of its 100 F Street, NE., Washington, DC Specifically, the proposed change is filing. However, Rule 19b–4(f)(6) 12 20549–1090. consistent with Section 6(b)(5) of the permits the Commission to designate a Act,7 because it would promote just and shorter time if such action is consistent All submissions should refer to File equitable principles of trade, remove with the protection of investors and the Number SR–BATS–2009–014. This file impediments to, and perfect the public interest. BATS requests that the number should be included on the mechanism of, a free and open market Commission waive the 30-day operative subject line if e-mail is used. To help the and a national market system, and, in delay because the Exchange expects to Commission process and review your general, protect investors and the public have technologies in place to support comments more efficiently, please use interest, by allowing Users to select the proposed rule change, as amended, only one method. The Commission will post all comments on the Commission’s another method of processing for on or about June 5, 2009, and believes Internet Web site (http://www.sec.gov/ routable and non-routable marketable that the expected benefits to Exchange rules/sro.shtml). Copies of the orders that may result in the efficient Users from the proposed rule change, as amended, should not be delayed. The submission, all subsequent execution of such orders. Specifically, amendments, all written statements the Exchange believes that Users may Commission believes that waiving the 30-day operative delay 13 is consistent with respect to the proposed rule receive more efficient order executions change that are filed with the by briefly displaying their marketable with the protection of investors and the public interest and designates the Commission, and all written orders to BATS Users for potential proposal operative on June 5, 2009. communications relating to the execution. BATS notes that similar brief At any time within 60 days of the proposed rule change between the marketable order display functionality filing of the proposed rule change, the Commission and any person, other than has already been found to be consistent Commission may summarily abrogate those that may be withheld from the with the Act by the Commission.8 such rule change if it appears to the public in accordance with the provisions of 5 U.S.C. 552, will be B. Self-Regulatory Organization’s Commission that such action is available for inspection and copying in Statement on Burden on Competition necessary or appropriate in the public interest, for the protection of investors, the Commission’s Public Reference The Exchange does not believe that or otherwise in furtherance of the Room, 100 F Street, NE., Washington, the proposed rule change imposes any purposes of the Act.14 DC 20549, on official business days burden on competition. between the hours of 10 a.m. and 3 p.m. IV. Solicitation of Comments Copies of such filing also will be C. Self-Regulatory Organization’s Interested persons are invited to available for inspection and copying at Statement on Comments on the submit written data, views, and the principal office of the Exchange. All Proposed Rule Change Received From arguments concerning the foregoing, comments received will be posted Members, Participants or Others without change; the Commission does 9 15 U.S.C. 78s(b)(3)(A). not edit personal identifying The Exchange has neither solicited 10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– information from submissions. You nor received written comments on the 4(f)(6) requires a self-regulatory organization to give should submit only information that proposed rule change. the Commission written notice of its intent to file the proposed rule change at least five business days you wish to make publicly available. All prior to the date of filing of the proposed rule submissions should refer to File 6 15 U.S.C. 78f(b). change, or such shorter time as designated by the Number SR–BATS–2009–014 and 7 15 U.S.C. 78f(b)(5). Commission. BATS has satisfied this requirement. should be submitted on or before July 1, 11 8 Securities Exchange Act Release No. 54422 17 CFR 240.19b–4(f)(6). 2009. (September 11, 2006), 71 FR 54537 (September 15, 12 17 CFR 240.19b–4(f)(6). 2006) (SR–CBOE–2004–21); Securities Exchange 13 For purposes only of waiving the 30-day For the Commission, by the Division of Act Release No. 59359 (February 4, 2009), 74 FR operative delay, the Commission has considered the Trading and Markets, pursuant to delegated 6927 (February 11, 2009) (SR–CBOE–2008–123). proposed rule’s impact on efficiency, competition, authority.15 and capital formation. See 15 U.S.C. 78c(f). NASDAQ also recently adopted a similar rule Florence E. Harmon, pursuant to an immediately effective rule filing. See 14 For purposes of calculating the 60-day period Securities Exchange Act Release No. 59875 (May 6, within which the Commission may summarily Deputy Secretary. 2009), 74 FR 22794 (May 14, 2009) (SR–NASDAQ– abrogate the proposed rule change under Section [FR Doc. E9–13552 Filed 6–9–09; 8:45 am] 2009–043) (notice of filing and immediate 19(b)(3)(C) of the Act, the Commission considers effectiveness of NASDAQ proposal to incorporate the period to commence on May 29, 2009, the date BILLING CODE 8010–01–P an optional pre-routing display period for all orders on which BATS submitted Amendment No. 1. See using NASDAQ routing strategies). 15 U.S.C. 78s(b)(3)(C). 15 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE summaries, set forth in sections A, B, minimum price improvement COMMISSION and C below, of the most significant requirements apply to any proprietary aspects of such statements. trading by a member in a security for [Release No. 34–60034; File No. SR–FINRA– which the member holds an unexecuted 2009–037] A. Self-Regulatory Organization’s customer limit order, whether or not in Statement of the Purpose of, and response to an incoming order, unless a Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule Financial Industry Regulatory Change specific exception applies. Authority, Inc.; Notice of Filing and FINRA has filed the proposed rule Immediate Effectiveness of Proposed 1. Purpose change for immediate effectiveness. The Rule Change To Amend NASD IM– In 1994, the SEC approved operative date of the proposed rule 2110–2 (Trading Ahead of Customer Interpretive Material (IM) 2110–2 change will be 30 days after the date of Limit Order) To Clarify the Scope of the (Trading Ahead of Customer Limit filing. Minimum Price Improvement Order), which generally prohibits a 2. Statutory Basis Obligations member from trading for its own FINRA believes that the proposed rule account in a security at a price that is change is consistent with the provisions June 3, 2009. equal to or better than an unexecuted of Section 15A(b)(6) of the Act,5 which Pursuant to Section 19(b)(1) of the customer limit order in that security, Securities Exchange Act of 1934 unless the member immediately, in the requires, among other things, that (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 event it trades ahead, executes the FINRA rules be designed to prevent notice is hereby given that on May 29, customer limit order at the price at fraudulent and manipulative acts and 2009, Financial Industry Regulatory which it traded for its own account or practices, to promote just and equitable Authority, Inc. (‘‘FINRA’’) (f/k/a better.4 principles of trade, and, in general, to National Association of Securities IM–2110–2 also prescribes a protect investors and the public interest. Dealers, Inc. (‘‘NASD’’)) filed with the minimum level of ‘‘price improvement’’ FINRA believes that the proposed rule Securities and Exchange Commission necessary for a member to execute an change makes clear the application of (‘‘SEC’’ or ‘‘Commission’’) the proposed order on a proprietary basis when the minimum price improvement rule change as described in Items I and holding an unexecuted limit order. In standards under IM–2110–2, which II below, which Items have been other words, IM–2110–2 sets forth price- provide an important safeguard for prepared by FINRA. FINRA has improvement standards that impose a investors by ensuring that firms do not designated the proposed rule change as minimum amount by which a firm must circumvent the protections provided by constituting a ‘‘non-controversial’’ rule trade, in addition to the price of the the Rule by trading ahead of customer change under paragraph (f)(6) of Rule customer buy limit order (or less than limit orders by economically 19b–4 under the Act,3 which renders the price of a customer sell order), to not insignificant amounts. the proposal effective upon receipt of trigger the protections under the rule. B. Self-Regulatory Organization’s this filing by the Commission. The This requirement is intended to prevent Statement on Burden on Competition Commission is publishing this notice to a practice of firms trading ahead of their solicit comments on the proposed rule customers’ limit orders by trivial FINRA does not believe that the change from interested persons. amounts and, thereby, circumventing proposed rule change will result in any the rule. burden on competition that is not I. Self-Regulatory Organization’s The language in IM–2110–2 provides necessary or appropriate in furtherance Statement of the Terms of Substance of the minimum amount of price of the purposes of the Act. the Proposed Rule Change improvement necessary for a member to C. Self-Regulatory Organization’s FINRA is proposing to amend NASD execute an incoming order on a Statement on Comments on the IM–2110–2 (Trading Ahead of Customer proprietary basis when holding an Proposed Rule Change Received From Limit Order) to clarify the scope of the unexecuted limit order in that same Members, Participants, or Others minimum price improvement security. Recently, a firm inquired about obligations. the scope of the application of the rule Written comments were neither The text of the proposed rule change due to the term ‘‘incoming;’’ solicited nor received. is available on FINRA’s Web site at specifically, whether the minimum III. Date of Effectiveness of the http://www.finra.org, at the principal price improvement standards apply Proposed Rule Change and Timing for office of FINRA and at the only when a member is trading Commission Action Commission’s Public Reference Room. proprietarily in response to an Because the foregoing proposed rule ‘‘incoming’’ order. FINRA advised the II. Self-Regulatory Organization’s change does not: (i) Significantly affect firm that such a narrow application of Statement of the Purpose of, and the protection of investors or the public IM–2110–2 is inconsistent with the Statutory Basis for, the Proposed Rule interest; (ii) impose any significant fundamental intent of the rule and the Change burden on competition; and (iii) become purpose of the prescribed minimum In its filing with the Commission, operative for 30 days from the date on price improvement requirements. which it was filed, or such shorter time FINRA included statements concerning FINRA has never distinguished the the purpose of and basis for the as the Commission may designate, it has application of the minimum price become effective pursuant to Section proposed rule change and discussed any improvement requirements based on 19(b)(3)(A) of the Act 6 and Rule 19b– comments it received on the proposed what circumstances prompted the 4(f)(6) thereunder.7 rule change. The text of these statements proprietary trade. Therefore, FINRA is may be examined at the places specified amending IM–2110–2 to delete the word 5 in Item IV below. FINRA has prepared 15 U.S.C. 78o–3(b)(6). ‘‘incoming’’ to make clear that the 6 15 U.S.C. 78s(b)(3)(A). 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 1 15 U.S.C. 78s(b)(1). 4 See Securities Exchange Act Release No. 34279 4(f)(6)(iii) requires a self-regulatory organization to 2 17 CFR 240.19b–4. (June 29, 1994), 59 FR 34883 (July 7, 1994) (order provide the Commission with written notice of its 3 17 CFR 240.19b–4(f)(6). approving File No. SR–NASD–93–58). Continued

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At any time within 60 days of the comments received will be posted order exposure pursuant to CBOE Stock filing of the proposed rule change, the without change; the Commission does Exchange (‘‘CBSX’’) Rule 52.6 Commission may summarily abrogate not edit personal identifying (Processing of Round-Lot Orders) to 500 such rule change if it appears to the information from submissions. You milliseconds. The text of the proposed Commission that such action is should submit only information that rule change is available on the necessary or appropriate in the public you wish to make available publicly. All Exchange’s Web site (http:// interest, for the protection of investors, submissions should refer to File www.cboe.org/Legal), at the Exchange’s or otherwise in furtherance of the Number SR–FINRA–2009–037 and Office of the Secretary and at the purposes of the Act. should be submitted on or before July 1, Commission’s Public Reference Room. 2009. IV. Solicitation of Comments II. Self-Regulatory Organization’s For the Commission, by the Division of Interested persons are invited to Statement of the Purpose of, and Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule submit written data, views and 8 authority. Change arguments concerning the foregoing, Florence E. Harmon, including whether the proposed rule Deputy Secretary. In its filing with the Commission, the change is consistent with the Act. self-regulatory organization included Comments may be submitted by any of [FR Doc. E9–13568 Filed 6–9–09; 8:45 am] statements concerning the purpose of the following methods: BILLING CODE 8010–01–P and basis for the proposed rule change and discussed any comments it received Electronic Comments on the proposed rule change. The text • Use the Commission’s Internet SECURITIES AND EXCHANGE COMMISSION of those statements may be examined at comment form (http://www.sec.gov/ the places specified in Item IV below. rules/sro.shtml); or [Release No. 34–60038; File No. SR–CBOE– The Exchange has prepared summaries, • Send an e-mail to rule- 2009–032] set forth in sections A, B, and C below, [email protected]. Please include File of the most significant parts of such Number SR–FINRA–2009–037 on the Self-Regulatory Organizations; statements. subject line. Chicago Board Options Exchange, Incorporated; Notice of Filing and A. Self-Regulatory Organization’s Paper Comments Immediate Effectiveness of Proposed Statement of the Purpose of, and • Send paper comments in triplicate Rule Change, as Modified by Statutory Basis for, the Proposed Rule to Elizabeth M. Murphy, Secretary, Amendment No. 1 Thereto, Modifying Change Securities and Exchange Commission, the CBOE Stock Exchange Rule 1. Purpose 100 F Street, NE., Washington, DC Regarding Processing of Round-Lot 20549–1090. Orders The purpose of the proposed rule All submissions should refer to File filing is to amend CBSX Rule 52.6. June 3, 2009. Number SR–FINRA–2009–037. This file Pursuant to that Rule, when CBSX Pursuant to Section 19(b)(1) of the receives a marketable order when CBSX number should be included on the Securities Exchange Act of 1934 is not the NBBO and execution of the subject line if e-mail is used. To help the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 order would result in an impermissible Commission process and review your notice is hereby given that on May 21, trade-through, CBSX flashes the order to comments more efficiently, please use 2009, Chicago Board Options Exchange, CBSX participants to ascertain if any only one method. The Commission will Incorporated (‘‘CBOE’’ or the participants are willing to execute the post all comments on the Commission’s ‘‘Exchange’’) filed with the Securities order at the NBBO price (i.e. provide Internet Web site (http://www.sec.gov/ and Exchange Commission price improvement) before CBSX rules/sro.shtml). Copies of the (‘‘Commission’’) the proposed rule attempts to access the NBBO on other submission, all subsequent change as described in Items I and II markets on behalf of the marketable amendments, all written statements below, which Items have been prepared order. Rule 52.6 currently provides that with respect to the proposed rule by the Exchange. On June 2, 2009, CBOE the flash period shall not exceed 3 change that are filed with the filed Amendment No. 1 to the proposed seconds, however these flashes have Commission, and all written rule change. The Exchange has never exceeded one second. The filing communications relating to the designated the proposed rule change as proposes to reduce the maximum proposed rule change between the constituting a rule change under Rule allowable flash time to 500 milliseconds Commission and any person, other than 19b–4(f)(6) under the Act,3 which (half a second). The filing also those that may be withheld from the renders the proposal, as amended, eliminates obsolete references to the public in accordance with the effective upon filing with the Intermarket Trading System Plan (ITS provisions of 5 U.S.C. 552, will be Commission. The Commission is Plan) and uses the term ‘‘flash’’ in the available for inspection and copying in publishing this notice to solicit Rule instead of ‘‘display’’. Lastly, the the Commission’s Public Reference comments on the proposed rule change, filing adds an interpretation and policy Room, 100 F Street, NE., Washington, as amended, from interested persons. that makes clear that CBSX will provide DC 20549, on official business days an electronic method for CBSX traders between the hours of 10 a.m. and 3 p.m. I. Self-Regulatory Organization’s to distinguish flashed orders from the Copies of such filing also will be Statement of the Terms of Substance of CBSX disseminated best bid/offer available for inspection and copying at the Proposed Rule Change during the flash period. the principal office of FINRA. All The Exchange proposes to reduce the 2. Statutory Basis allowable timeframe for marketable intent to file the proposed rule change, along with CBOE believes the proposed rule a brief description and text of the proposed rule 4 8 change is consistent with the Act and change, at least five business days prior to the date 17 CFR 200.30–3(a)(12). of filing of the proposed rule change, or such 1 15 U.S.C. 78s(b)(1). the rules and regulations under the Act shorter time as designated by the Commission. 2 17 CFR 240.19b–4. FINRA has met this requirement. 3 17 CFR 240.19b–4(f)(6). 4 15 U.S.C. 78a et seq.

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applicable to a national securities waiving the 30-day operative delay 11 is provisions of 5 U.S.C. 552, will be exchange and, in particular, the consistent with the protection of available for inspection and copying in requirements of Section 6(b) of the Act.5 investors and the public interest and the Commission’s Public Reference Specifically, the Exchange believes the designates the proposal operative upon Room, 100 F Street, NE., Washington, proposed rule change is consistent with filing. DC 20549, on official business days the Section 6(b)(5) 6 requirements that At any time within 60 days of the between the hours of 10 a.m. and 3 p.m. the rules of an exchange be designed to filing of the proposed rule change, the Copies of such filing also will be promote just and equitable principles of Commission may summarily abrogate available for inspection and copying at trade, to prevent fraudulent and such rule change if it appears to the the principal office of the Exchange. All manipulative acts and, in general, to Commission that such action is comments received will be posted protect investors and the public interest. necessary or appropriate in the public without change; the Commission does interest, for the protection of investors, not edit personal identifying B. Self-Regulatory Organization’s or otherwise in furtherance of the information from submissions. You Statement on Burden on Competition 12 purposes of the Act. should submit only information that CBOE does not believe that the IV. Solicitation of Comments you wish to make publicly available. All proposed rule change will impose any submissions should refer to File Interested persons are invited to Number SR–CBOE–2009–032 and burden on competition not necessary or submit written data, views, and appropriate in furtherance of the should be submitted on or before July 1, arguments concerning the foregoing, 2009. purposes of the Act. including whether the proposed rule C. Self-Regulatory Organization’s change is consistent with the Act. For the Commission, by the Division of Trading and Markets, pursuant to delegated Statement on Comments on the Comments may be submitted by any of authority.13 Proposed Rule Change Received From the following methods: Members, Participants, or Others Florence E. Harmon, Electronic Comments Deputy Secretary. The Exchange neither solicited nor • Use the Commission’s Internet [FR Doc. E9–13569 Filed 6–9–09; 8:45 am] received comments on the proposal. comment form (http://www.sec.gov/ BILLING CODE 8010–01–P rules/sro.shtml); or III. Date of Effectiveness of the • Send an e-mail to rule- Proposed Rule Change and Timing for [email protected]. Please include File SECURITIES AND EXCHANGE Commission Action Number SR–CBOE–2009–032 on the COMMISSION Because the foregoing proposed rule subject line. change does not: (i) Significantly affect Paper Comments [Release No. 34–60041; File No. SR–BATS– the protection of investors or the public • Send paper comments in triplicate 2009–017] interest; (ii) impose any significant to Elizabeth M. Murphy, Secretary, Self-Regulatory Organizations; BATS burden on competition; and (iii) become Securities and Exchange Commission, operative for 30 days from the date on Exchange, Inc.; Notice of Filing and 100 F Street, NE., Washington, DC Immediate Effectiveness of Proposed which it was filed, or such shorter time 20549–1090. as the Commission may designate, it has Rule Change Related to Fees for Use All submissions should refer to File become effective pursuant to Section of BATS Exchange, Inc. Number SR–CBOE–2009–032. This file 19(b)(3)(A) of the Act 7 and Rule 19b– number should be included on the June 3, 2009. 4(f)(6) thereunder.8 subject line if e-mail is used. To help the Pursuant to Section 19(b)(1) of the A proposed rule change filed Commission process and review your Securities Exchange Act of 1934 pursuant to Rule 19b–4(f)(6) under the comments more efficiently, please use (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Act 9 normally does not become only one method. The Commission will notice is hereby given that on May 28, operative for 30 days after the date of its post all comments on the Commission’s 2009, BATS Exchange, Inc. (‘‘BATS’’ or filing. However, Rule 19b–4(f)(6) 10 Internet Web site (http://www.sec.gov/ the ‘‘Exchange’’) filed with the permits the Commission to designate a rules/sro.shtml). Copies of the Securities and Exchange Commission shorter time if such action is consistent submission, all subsequent (‘‘Commission’’) the proposed rule with the protection of investors and the amendments, all written statements change as described in Items I, II, and public interest. CBOE requests that the with respect to the proposed rule III below, which Items have been Commission waive the 30-day operative change that are filed with the prepared by BATS. BATS has delay because the acceleration of the Commission, and all written designated the proposed rule change as operative date is consistent with the communications relating to the one establishing or changing a member protection of investors and the public proposed rule change between the due, fee, or other charge imposed by the interest. The Commission believes that Commission and any person, other than Exchange under Section 19(b)(3)(A)(ii) those that may be withheld from the of the Act 3 and Rule 19b–4(f)(2) 5 15 U.S.C. 78(f)(b). public in accordance with the thereunder,4 which renders the 6 15 U.S.C. 78(f)(b)(5). proposed rule change effective upon 7 15 U.S.C. 78s(b)(3)(A). 11 For purposes only of waiving the 30-day 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– operative delay, the Commission has considered the filing with the Commission. The 4(f)(6) requires a self-regulatory organization to give proposed rule’s impact on efficiency, competition, Commission is publishing this notice to the Commission written notice of its intent to file and capital formation. See 15 U.S.C. 78c(f). solicit comments on the proposed rule the proposed rule change at least five business days 12 For purposes of calculating the 60-day period prior to the date of filing of the proposed rule within which the Commission may summarily 13 17 CFR 200.30–3(a)(12). change, or such shorter time as designated by the abrogate the proposed rule change under Section 1 Commission. The Commission has determined to 19(b)(3)(C) of the Act, the Commission considers 15 U.S.C. 78s(b)(1). waive the five-day pre-filing period in this case. the period to commence on June 2, 2009, the date 2 17 CFR 240.19b–4. 9 17 CFR 240.19b–4(f)(6). on which CBOE submitted Amendment No. 1. See 3 15 U.S.C. 78s(b)(3)(A)(ii). 10 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78s(b)(3)(C). 4 17 CFR 240.19b–4(f)(2).

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change, as amended, from interested ‘‘variable BOLT display period’’) for To the extent an order subject to persons. potential execution.5 As explained in BOLT Routing removes liquidity from more detail below, with the exception of the BATS Book prior to entering the I. Self-Regulatory Organization’s orders subject to BOLT Routing that are variable BOLT display period in Statement of the Terms of Substance of securities priced $1.00, such order will the Proposed Rule Change executed on the Exchange during the variable BOLT display period, BATS be charged the Exchange’s standard fee The Exchange proposes to modify its Only BOLT Orders and orders subject to for removing liquidity from the BATS fee schedule applicable to use of the BOLT Routing will be charged fees and Book ($0.0025 per share). In addition, Exchange. While changes to the fee will receive rebates consistent with all orders subject to BOLT Routing in schedule pursuant to this proposal will other orders executed on the Exchange securities priced $1.00 or above that are be effective upon filing, the changes will or routed from the Exchange to away routed and executed at an away trading become operative on June 1, 2009. trading centers. center after the variable BOLT display The text of the proposed rule change BATS Only BOLT Orders in securities period will be charged the Exchange’s is available at the Exchange’s Web site priced at any limit price will be treated standard routing fees. Thus, the at http://www.batstrading.com, at the Exchange has not proposed any changes principal office of the Exchange, and at in the same manner as other such orders submitted to the Exchange. Thus, to the to its fee schedule for orders subject to the Commission’s Public Reference BOLT Routing that remove liquidity Room. extent a BATS Only BOLT Order removes liquidity from the BATS Book from the BATS Book or that execute II. Self-Regulatory Organization’s in securities priced $1.00 or above it after routing to an away trading center. Statement of the Purpose of, and will be charged the Exchange’s standard However, with respect to orders subject Statutory Basis for, the Proposed Rule fee for removing liquidity from the to BOLT Routing that execute on the Change BATS Book ($0.0025 per share); to the Exchange during the pre-routing In its filing with the Commission, the extent a BATS Only BOLT Order adds variable BOLT display period, the Exchange included statements liquidity to the BATS Book in securities Exchange proposes to pay Members a concerning the purpose of and basis for priced $1.00 or above it will receive the $0.0015 per share rebate. The Exchange the proposed rule change and discussed Exchange’s standard $0.0024 per share proposes to reflect this new rebate on any comments it received on the rebate for adding liquidity. the revised fee schedule. As explained in the Exchange’s rule proposed rule change. The text of these Similarly, BATS Only BOLT Orders filing, the Exchange expects to have statements may be examined at the in securities priced below $1.00 will be technological changes in place to places specified in Item IV below. The treated in the same manner as all other support the proposed rule change on or Exchange has prepared summaries, set such orders priced below $1.00 about June 5, 2009. Accordingly, forth in Sections A, B, and C below, of submitted to the Exchange. Specifically, although the changes to the fee schedule the most significant parts of such for executions on the Exchange, the proposed in this filing will become statements. Exchange does not propose to provide operative on June 1, 2009, the fees and any rebates for BATS Only BOLT Orders A. Self-Regulatory Organization’s rebates applicable to BOLT will not be that add liquidity to the BATS Book in Statement of the Purpose of, and charged or paid to Members until BOLT securities priced below $1.00 nor does Statutory Basis for, the Proposed Rule is implemented by the Exchange. Change the Exchange propose to charge a fee for BATS Only BOLT Orders that remove (ii) BATS + NYSE ARCA Destination 1. Purpose liquidity in securities priced below Specific Orders The Exchange proposes to modify its $1.00. The Exchange currently charges a fee schedule applicable to use of the Orders subject to BOLT Routing in consistent, discounted fee for Exchange effective June 1, 2009, in securities priced below $1.00 will also Destination Specific Orders routed to order to (i) implement pricing for its be treated in the same manner as all certain of the largest market centers recently introduced BATS Optional other such orders priced below $1.00 measured by volume (NYSE, NYSE Arca Liquidity Technology (‘‘BOLT’’) submitted to the Exchange (i.e., no and NASDAQ), which, in each instance program; and (ii) increase the fee rebate and no charge). With respect to is $0.0001 less per share for orders charged by the Exchange for Destination orders subject to BOLT Routing in routed to such market centers by the Specific Orders for Tape A and C securities priced below $1.00 that are Exchange than such market centers securities routed to NYSE Arca from routed and executed at an away trading currently charge for removing liquidity $0.0027 per share to $0.0030 per share. center, such orders will be charged fees (referred to by the Exchange as ‘‘One Each of these proposals is discussed in applicable to all other routed orders in Under’’ pricing). NYSE Arca recently further detail below. securities priced below $1.00 (e.g., announced an increase to its liquidity (i) BOLT Pricing $0.0020 charge per share for shares removal fee from $0.0028 per share to executed at a dark liquidity venue, or $0.0030 per share in Tape A and Tape On May 22, 2009, the Exchange ‘‘DART’’ routing; 0.25% charge of the C securities.6 In order to maintain its adopted changes to BATS Rules 11.9 total dollar value for executions One Under pricing with respect to and 11.13 pursuant to an immediately occurring through CYCLE or RECYCLE Destination Specific Orders routed to effective rule filing that will permit the routing). Thus, as set forth above, the NYSE Arca, BATS proposes to charge Exchange to offer both a ‘‘BATS Only Exchange has not proposed any changes $0.0029 per share for BATS + NYSE BOLT Order’’ and a pre-routing to its fee schedule related to BATS Only ARCA Destination Specific Orders processing method (‘‘BOLT Routing’’) BOLT Orders priced at any limit price, executed at NYSE Arca in Tape A or that will each include an optional or orders subject to BOLT Routing in Tape C securities. The Exchange’s ‘‘One display period through which a securities priced below $1.00. Under’’ pricing does not apply to marketable order will be displayed to Exchange Users (and market data 5 See SR–BATS–2009–014 (May 22, 2009), 6 See NYSE Arca Client Notice (May 19, 2009), recipients) for a brief period of time available at http://www.batstrading.com/regulation/ available at http://www.nyse.com/pdfs/ designated by the Exchange (the rule_filings/. NYSEArca_Fee_Notice_6109.pdf.

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securities priced below $1.00 nor does Commission may summarily abrogate should be submitted on or before July 1, it apply to odd lot orders routed to such rule change if it appears to the 2009. NYSE Arca; such order types will Commission that such action is For the Commission, by the Division of continue to be priced as set forth on the necessary or appropriate in the public Trading and Markets, pursuant to delegated Exchange’s fee schedule. In addition, interest, for the protection of investors, authority.11 the Exchange will maintain the pricing or otherwise in furtherance of the Florence E. Harmon, currently charged by the Exchange for purposes of the Act. Deputy Secretary. BATS + NYSE ARCA Destination IV. Solicitation of Comments [FR Doc. E9–13553 Filed 6–9–09; 8:45 am] Specific Orders for Tape B securities BILLING CODE 8010–01–P and for all other Destination Specific Interested persons are invited to Orders. submit written data, views, and arguments concerning the foregoing, 2. Statutory Basis including whether the proposed rule DEPARTMENT OF TRANSPORTATION The Exchange believes that the change is consistent with the Act. Pipeline and Hazardous Materials proposed rule change is consistent with Comments may be submitted by any of Safety Administration the requirements of the Act and the the following methods: rules and regulations thereunder that Electronic Comments Office of Hazardous Materials Safety; are applicable to a national securities • Notice of Application for Special exchange, and, in particular, with the Use the Commission’s Internet Permits requirements of Section 6 of the Act.7 comment form (http://www.sec.gov/ Specifically, the Exchange believes that rules/sro.shtml); or AGENCY: Pipeline and Hazardous • the proposed rule change is consistent Send an e-mail to rule- Materials Safety Administration with Section 6(b)(4) of the Act,8 in that [email protected]. Please include File (PHMSA), DOT. it provides for the equitable allocation Number SR–BATS–2009–017 on the ACTION: List of applications for special of reasonable dues, fees and other subject line. permits. charges among members and other Paper Comments SUMMARY: In accordance with the persons using any facility or system • which the Exchange operates or Send paper comments in triplicate procedures governing the application controls. The Exchange notes that it to Elizabeth M. Murphy, Secretary, for, and the processing of, special operates in a highly competitive market Securities and Exchange Commission, permits from the Department of in which market participants can 100 F Street, NE., Washington, DC Transportation’s Hazardous Material readily direct order flow to competing 20549–1090. Regulations (49 CFR Part 107, Subpart venues if they deem fee levels at a All submissions should refer to File B), notice is hereby given that the Office particular venue to be excessive. Number SR–BATS–2009–017. This file of Hazardous Materials Safety has Finally, the Exchange believes that the number should be included on the received the application described proposed rates are equitable in that they subject line if e-mail is used. To help the herein. Each mode of transportation for apply uniformly to all Members. Commission process and review your which a particular special permit is comments more efficiently, please use requested is indicated by a number in B. Self-Regulatory Organization’s only one method. The Commission will the ‘‘Nature of Application’’ portion of Statement on Burden on Competition post all comments on the Commission’s the table below as follows: 1—Motor The Exchange does not believe that Internet Web site (http://www.sec.gov/ vehicle, 2—Rail freight, 3—Cargo vessel, the proposed rule change imposes any rules/sro.shtml). Copies of the 4—Cargo aircraft only, 5—Passenger- burden on competition. submission, all subsequent carrying aircraft. amendments, all written statements DATES: Comments must be received on C. Self-Regulatory Organization’s with respect to the proposed rule or before July 10, 2009. Statement on Comments on the change that are filed with the ADDRESSES: Proposed Rule Change Received From Address Comments to: Commission, and all written Members, Participants or Others Record Center, Pipeline and Hazardous communications relating to the Materials Safety Administration, U.S. No written comments were solicited proposed rule change between the Department of Transportation, or received. Commission and any person, other than Washington, DC 20590. III. Date of Effectiveness of the those that may be withheld from the Comments should refer to the Proposed Rule Change and Timing for public in accordance with the application number and be submitted in Commission Action provisions of 5 U.S.C. 552, will be triplicate. If confirmation of receipt of available for inspection and copying in comments is desired, include a self- The foregoing proposed rule change the Commission’s Public Reference addressed stamped postcard showing has been designated as a fee change Room, 100 F Street, NE., Washington, the special permit number. pursuant to Section 19(b)(3)(A)(ii) of the 9 10 DC 20549, on official business days FOR FURTHER INFORMATION CONTACT: Act and Rule 19b–4(f)(2) thereunder, between the hours of 10 a.m. and 3 p.m. because it establishes or changes a due, Copies of the applications are available Copies of such filing also will be fee or other charge imposed on members for inspection in the Records Center, available for inspection and copying at by the Exchange. Accordingly, the East Building, PHH–30, 1200 New the principal office of the Exchange. All proposal is effective upon filing with Jersey Avenue, Southeast, Washington comments received will be posted the Commission. DC or at http://fdms.gov. At any time within 60 days of the without change; the Commission does This notice of receipt of applications filing of the proposed rule change, the not edit personal identifying for special permit is published in information from submissions. You accordance with Part 107 of the Federal 7 15 U.S.C. 78f. should submit only information that hazardous materials transportation law 8 15 U.S.C. 78f(b)(4). you wish to make publicly available. All (49 U.S.C. 5117(b); 49 CFR 1.53(b)). 9 15 U.S.C. 78s(b)(3)(A)(ii). submissions should refer to File 10 17 CFR 240.19b–4(f)(2). Number SR–BATS–2009–017 and 11 17 CFR 200.30–3(a)(12).

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Issued in Washington, DC, on June 3, 2009. Delmer F. Billings, Director, Office of Hazardous Materials, Special Permits and Approvals.

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

New Special Permits

14853–N ...... E.I. DuPont de Ne- 49 CFR ...... To authorize the one-time, one-way transpor- mours & Company, tation in commerce of a damaged DOT Inc., Wilmington, DE. Specification 51 portable tank containing the residue of a non-flammable liquefied gas for repair. 14854–N ...... Airgas, Inc., Radnor, 49 CFR 180.209 ...... To authorize the transportation in commerce PA. of certain DOT 3AL cylinders manufactured from aluminum alloy 6061–T6 that are re- qualified every ten years rather than every five years using 100% ultrasonic examina- tion and are not required to be hammer tested prior to each refill. (modes 1,2,3,4) 14855–N ...... Portersville Sales and 49 CFR 180.209(a) and (b) To authorize the transportation in commerce Testing, Inc., of DOT 3A, 3AA, 3AX, 3AAX and 3T cyl- Portersville, PA. inders in MEGC’s tube trailers, and independantly packaged cylinders mounted on transportable framework to be periodi- cally requalified every ten years using test methods authorized under DOT–SP 12629 or 14453. (modes 1, 2, 3, 4) 14856–N ...... BKC Industries, Inc., 49 CFR 180.209(a) and (b) To authorize the transportation in commerce Creedmoor, NC. of DOT 3A, 3AA, 3AX, 3AAX and 3T cyl- inders in MEGC’s tube trailers, and independantly packaged cylinders mounted on transportable framework to be periodi- cally requalified every ten years using test methods authorized under DOT–SP 12629 or 14453. (modes 1,2,3,4) 14857–N ...... Western Sales & Test- 49 CFR 180.209(a) and (b) To authorize the transportation in commerce ing, Amarillo, TX. of DOT 3A, 3AA, 3AX, 3AAX and 3T cyl- inders in MEGC’s tube trailers, and independantly packaged cylinders mounted on transportable framework to be periodi- cally requalified every ten years using test methods authorized under DOT–SP 12629 or 14453. (modes 1,2,3,4) 14858–N ...... ECI Fuel Systems, 49 CFR 177.834(h) and To authorize the manufacture, mark and to Mira Loma, CA. 178.700 to 178.819. sale of refueling tanks of less than 119 gal- lon capacity as intermediate bulk con- tainers for use in transporting various Class 3 hazardous materials. (mode 1) 14859–N ...... Minuteman Aviation 49 CFR 172.101 HMT Col- To authorize the transportation of certain for- Inc. (MAI), Missoula, umn (9B), 172.200, bidden explosives and other hazardous MT. 172.300, 172.400. materials by helicopter in remote areas of the US for seismic exploration without being subject to hazard communication re- quirements and quantity limitations. (mode 4) 14860–N ...... Alaska Airlines, Se- 49 CFR 173.302(f) ...... To authorize the transportation in commerce attle, WA. of cylinders of compressed oxygen and oxi- dizing gases without rigid outer packaging when no other means of transportation exist. (mode 4) 14861–N ...... Gliko Aviation Inc., 49 CFR 172.101 HMT Col- To authorize the transportation of certain for- Belt, MT. umn (9B), 172.200, bidden explosives and other hazardous 172.300, 172.400. materials by helicopter in remote areas of the US for seismic exploration without being subject to hazard communication re- quirements and quantity limitations. (mode 4) 14862–N ...... U.S. Custom Har- 49 CFR 172.504 ...... To authorize the transportation in commerce vesters, Inc., Hutch- of 1,000 gallons of diesel fuel without inson, KS. placarding the motor vehicle. (mode 1)

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Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

14864–N ...... Balchem Corporation, 49 CFR 173.24(b)(1), To authorize the transportation in commerce New Hampton, NY. 174.3 and 177.834(h). of ethylene and allows for the controlled re- lease of the hazardous material for the pur- poses of ripening fruits or vegetables. (modes 1, 2) 14865–N ...... Alaska Railroad Cor- 49 CFR 172.101 Column To authorize the transportation in commerce poration, Anchor- (9A). of liquefied petroleum gas in a specially de- age, AK. signed vault when transported by railroad in Alaska. (mode 2) 14866–N ...... Fluorochemika Lab- 49 CFR 173.301(f)(1) ...... To authorize the transportation in commerce oratories, LLC, Wil- of sulfuryl fluoride in certain DOT specifica- mington, DE. tion cylinders that are not equipped with a pressure relief device. (modes 1, 2, 3) 14867–N ...... GTM Technologies, 49 CFR 173.302a, To authorize the manufacture, marking, sale Inc., Amarillo, TX. 173.304a. and use of non-DOT specification fiber re- inforced hoop wrapped cylinders with water capacities of up to 120 cubic feet for use in transporting certain Class 2 gases. (modes 1, 2, 3, 4, 5) 14868–N ...... Wal-Mart Stores, Inc., 49 CFR 172.102(c) Special To authorize the transportation in commerce Bentonville, AR. provision 130, of certain batteries intended for recycling, 172.200(a) and disposal or liquidation in an alternative 173.185(d). packaging configuration transported under refrigeration. (mode 1) 14869–N ...... Airgas, Inc., Chey- 49 CFR 178.337–17 ...... To authorize the transportation in commerce enne, WY. of two non-DOT specification cargo tank motor vehicles that have missing ASME identification plates. (mode 1)

[FR Doc. E9–13426 Filed 6–9–09; 8:45 am] in the City of Green Bay, the Village of FOR FURTHER INFORMATION CONTACT: BILLING CODE 4909–60–M Howard and the Village of Suamico, David Platz, Field Operations Engineer, Brown County, Wisconsin. The EIS will Federal Highway Administration, 525 evaluate no build and build alternatives Junction Road, Suite 8000, Madison, WI DEPARTMENT OF TRANSPORTATION for this portion of the USH 41 corridor. 53717–2157; Telephone: (608) 829– Participation by the public, local Federal Highway Administration 7509. You may also contact Eugene officials, State and Federal regulatory Johnson, Director, Bureau of Equity and agencies, American Indian Tribes and Notice of Intent To Prepare an Environmental Services, Wisconsin other interests will be solicited through Environmental Impact Statement USH Department of Transportation, P.O. Box public information meetings, agency 41, Brown County, WI 7916, Madison, Wisconsin 53707–7916: coordination meetings, and a public Telephone: (608) 267–9527. AGENCY: Federal Highway hearing. Opportunities to be Administration (FHWA), DOT. participating and/or cooperating An electronic copy of this document ACTION: Notice of intent to prepare an agencies and to provide input on the may be downloaded from the Environmental Impact Statement. project’s coordination plan and impact Government Printing Office’s Electronic assessment methodology will also be Bulletin Board Service at (202) 512– SUMMARY: The FHWA is issuing this provided under section 6002 of the Safe, 1661 by using a computer modem and notice to advise the public that an Accountable, Flexible, Efficient suitable communications software. Environmental Impact Statement (EIS) Transportation Equity Act: A Legacy for Internet users may reach the Office of will be prepared for transportation Users (SAFETEA–LU). Federal Register’s home page at: http:// improvements in the USH 41 corridor in This study shall comply with Title VI www.archives.gov/ and the Government Brown County, Wisconsin. The EIS is of the Civil Rights Act and of Executive Printing Office’s database at: http:// being prepared in conformance with 40 Order 12898, which prohibits www.gpoaccess.gov/nara/index.html. CFR 1500 and FHWA regulations. discrimination on the basis of race, SUPPLEMENTARY INFORMATION: The color, age, sex, or country of national Authority: 23 U.S.C. 315; 49 CFR 1.48. Federal Highway Administration origin in the implementation of this Issued on June 4, 2009. (FHWA), in cooperation with the action. To ensure that the full range of Tracey McKenney, Wisconsin Department of issues related to this proposed action is Program Operations Engineer, Federal Transportation (WisDOT), will prepare addressed, and all substantive issues are Highway Administration, Madison, an Environmental Impact Statement identified, comments and suggestions Wisconsin. (EIS) on improvements needed to safely are invited from all interested parties. [FR Doc. E9–13565 Filed 6–9–09; 8:45 am] accommodate local and regional traffic Comments or questions concerning this and to preserve the traffic carrying proposed action should be directed to BILLING CODE P capacity on an approximate 3.5-mile FHWA or WisDOT at the addresses portion of USH 41 between Memorial provided below (Catalog of Federal Drive and CTH M (Lineville Road) Domestic Assistance Program Number including the reconstruction of the 20.205, Highway Planning and interchange at USH 41 and Interstate 43 Construction.)

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UNITED STATES SENTENCING SUPPLEMENTARY INFORMATION: Section § 1B1.10 (Reduction in Term of COMMISSION 995(a)(1) of title 28, United States Code, Imprisonment as a Result of Amended authorizes the United States Sentencing Guideline Range (Policy Statement)) as Sentencing Guidelines for United Commission to establish general an amendment that may be applied States Courts policies and promulgate rules and retroactively to previously sentenced AGENCY: United States Sentencing regulations as necessary for the defendants. Commission. Commission to carry out the purposes of the Sentencing Reform Act of 1984. The DATES: Public comment should be ACTION: Notice of period during which Victims Advisory Group is a standing received on or before August 10, 2009. individuals may apply to be appointed advisory group of the Commission. The to the membership of the Victims ADDRESSES: Send comments to: United Commission invites any individual who Advisory Group; request for States Sentencing Commission, One has knowledge, expertise, and/or applications. Columbus Circle, NE., Suite 2–500, experience in the area of federal crime South Lobby, Washington, DC 20002– SUMMARY: The Victims Advisory Group victimization to apply to be appointed 8002, Attention: Public Affairs- of the United States Sentencing to the membership of the Victims Retroactivity Public Comment. Commission is a standing advisory Advisory Group. group of the United States Sentencing FOR FURTHER INFORMATION CONTACT: Authority: 28 U.S.C. 994(a), (o), (p), 995; Michael Courlander, Public Affairs Commission pursuant to 28 U.S.C. 995 USSC Rules of Practice and Procedure 5.2, and Rule 5.4 of the Commission’s Rules 5.4. Officer, Telephone: (202) 502–4590. of Practice and Procedure. Under the SUPPLEMENTARY INFORMATION: Section charter for the Victims Advisory Group, Ricardo H. Hinojosa, Acting Chair. 3582(c)(2) of title 18, United States the purpose of the advisory group is (1) Code, provides that ‘‘in the case of a [FR Doc. E9–13622 Filed 6–9–09; 8:45 am] to assist the Commission in carrying out defendant who has been sentenced to a its statutory responsibilities under 28 BILLING CODE 2211–01–P term of imprisonment based on a U.S.C. 994(o); (2) to provide to the sentencing range that has subsequently Commission its views on the been lowered by the Sentencing Commission’s activities and work, UNITED STATES SENTENCING COMMISSION Commission pursuant to 28 U.S.C. including proposed priorities and 994(o), upon motion of the defendant or amendments, as they relate to victims of the Director of the Bureau of Prisons, or crime; (3) to disseminate information Sentencing Guidelines for United States Courts on its own motion, the court may reduce regarding sentencing issues to the term of imprisonment, after organizations represented by the AGENCY: United States Sentencing considering the factors set forth in Victims Advisory Group and to other Commission. section 3553(a) to the extent that they victims of crime and victims advocacy ACTION: Request for public comment. are applicable, if such a reduction is groups, as appropriate; and (4) to consistent with applicable policy perform any other functions related to SUMMARY: On May 1, 2009, the statements issued by the Sentencing victims of crime as the Commission Commission submitted to the Congress Commission.’’ requests. Under the charter, the advisory amendments to the sentencing group consists of not more than nine guidelines and official commentary, The Commission lists in § 1B1.10(c) members, each of whom may serve not which become effective on November 1, the specific guideline amendments that more than two consecutive three-year 2009, unless Congress acts to the the court may apply retroactively under terms. Each member is appointed by the contrary. Such amendments and the 18 U.S.C. 3582(c)(2). The background Commission. In view of vacancies in the reasons for amendment subsequently commentary to § 1B1.10 lists the membership of the advisory group, the were published in the Federal Register. purpose of the amendment, the Commission hereby invites any 74 FR 21750 (May 8, 2009). One of the magnitude of the change in the individual who has knowledge, amendments, specifically Amendment 7 guideline range made by the expertise, and/or experience in the area pertaining to the undue influence amendment, and the difficulty of of federal crime victimization to apply enhancement at subsection (b)(2)(B)(ii) applying the amendment retroactively to be appointed to the membership of of § 2A3.2 (Criminal Sexual Abuse of a to determine an amended guideline the Victims Advisory Group. Minor Under the Age of Sixteen Years range under § 1B1.10(b) as among the Applications should be received by the (Statutory Rape) or Attempt to Commit factors the Commission considers in Commission not later than August 10, Such Acts) and at subsection (b)(2)(B) of selecting the amendments included in 2009. Applications may be sent to § 2G1.3 (Promoting a Commercial Sex § 1B1.10(c). To the extent practicable, Michael Courlander at the address listed Act or Prohibited Sexual Conduct with public comment should address each of below. a Minor; Transportation of Minors to these factors. DATES: Applications for membership of Engage in a Commercial Sex Act or The text of the amendments the Victims Advisory Group should be Prohibited Sexual Conduct; Travel to referenced in this notice also may be received not later than August 10, 2009. Engage in Commercial Sex Act or accessed through the Commission’s Web ADDRESSES: Send applications to: Prohibited Sexual Conduct with a site at www.ussc.gov. United States Sentencing Commission, Minor; Sex Trafficking of Children; Use Authority: 28 U.S.C. 994(a), (o), (u); USSC One Columbus Circle, NE., Suite 2–500, of Interstate Facilities to Transport Rules of Practice and Procedure 4.1, 4.3. South Lobby, Washington, DC 20002– Information about a Minor), has the 8002, Attention: Public Affairs. effect of lowering guideline ranges. The Ricardo H. Hinojosa, FOR FURTHER INFORMATION CONTACT: Commission requests comment Acting Chair. Michael Courlander, Public Affairs regarding whether that amendment [FR Doc. E9–13624 Filed 6–9–09; 8:45 am] Officer, Telephone: (202) 502–4597. should be included in subsection (c) of BILLING CODE P

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Revised Critical Habitat for Navarretia fossalis (Spreading Navarretia); Proposed Rule

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DEPARTMENT OF THE INTERIOR Public Comments Habitat Conservation Plan under section We intend any final action resulting 4(b)(2) of the Act, and whether the Fish and Wildlife Service from this proposal to be as accurate and benefits of exclusion of this area as effective as possible. Therefore, we outweigh the benefits of including this 50 CFR Part 17 request comments or suggestions on this area as critical habitat, and why. (9) Specific reasons whether we proposed rule. We particularly seek [Docket No. FWS–R8–ES–2009–0038; should exclude, under section 4(b)(2) of 92210–1117–0000–B4] comments concerning: the Act, the subunit proposed as critical (1) The reasons we should or should habitat within the unincorporated RIN 1018–AW22 not revise the designation of habitat as community of Ramona in San Diego ‘‘critical habitat’’ under section 4 of the Endangered and Threatened Wildlife County (Subunit 4E), an area where the Endangered Species Act of 1973, as and Plants; Proposed Revised Critical County of San Diego is working on a amended (Act; 16 U.S.C. 1531 et seq.), Habitat for Navarretia fossalis Habitat Conservation Plan (HCP) called including whether the benefit of (Spreading Navarretia) the ‘‘North County Plan’’ with the designation would outweigh any threats Service that is currently available for AGENCY: Fish and Wildlife Service, to the species caused by the designation, public review (The North County Plan Interior. such that the designation of critical is available on the Internet at: http:// ACTION: Proposed rule. habitat is prudent. www.sdcounty.ca.gov/dplu/mscp/ (2) Specific information on: • nc.html), and whether the benefits of SUMMARY: We, the U.S. Fish and Areas that provide habitat for exclusion of this area outweigh the Wildlife Service (Service), propose to Navarretia fossalis that we did not benefits of including this area as critical revise designated critical habitat for discuss in this proposed critical habitat habitat, and why. Navarretia fossalis (spreading rule, • (10) The potential exclusion of the navarretia). Approximately 6,872 acres Areas containing the features subunits being proposed as critical (ac) (2,781 hectares (ha)) of habitat fall essential to the conservation of N. habitat within the jurisdiction of the within the boundaries of the proposed fossalis that we should include in the County of San Diego Subarea Plan revised critical habitat designation. This designation and why, (Subunit 3A and portions of Subunits • proposed revised designation of critical Areas not containing features 5B, 5F, and 5I) under the San Diego habitat is located in Los Angeles, essential for the conservation of the Multiple Species Conservation Plan Riverside, and San Diego Counties in species and why, and under section 4(b)(2) of the Act, and • southern California. Areas not occupied at the time of whether the benefits of exclusion of this DATES: We will accept comments from listing that are essential to the area outweigh the benefits of including all interested parties until August 10, conservation of the species and why. this area as critical habitat, and why. 2009. We must receive requests for (3) Land-use designations and current (11) The potential exclusion of the public hearings, in writing, at the or planned activities in the areas subunits being proposed as critical address shown in the FOR FURTHER proposed as critical habitat, as well as habitat within the jurisdiction of the INFORMATION CONTACT section by July 27, their possible effects on proposed Western Riverside County Multiple 2009. critical habitat. Species Habitat Conservation Plan (4) Comments or information that may ADDRESSES: (Subunits 6A, 6B, 6C, 6D, and 6E) under You may submit comments assist us in identifying or clarifying the by one of the following methods: section 4(b)(2) of the Act, and whether • primary constituent elements. the benefits of exclusion of this area Federal eRulemaking Portal: http:// (5) How the proposed revised critical www.regulations.gov. Follow the would outweigh the benefits of habitat boundaries could be refined to including this area as critical habitat, instructions for submitting comments to more closely circumscribe the Docket No. FWS–R8–ES–2009–0039. and why. • landscapes identified as containing the (12) Information on any quantifiable U.S. mail or hand-delivery: Public features essential to the species’ Comments Processing, Attn: FWS–R8– economic costs or benefits of the conservation. proposed revised designation of critical ES–2009–0038; Division of Policy and (6) Any probable economic, national- Directives Management; U.S. Fish and habitat. security, or other impacts of designating (13) Whether we could improve or Wildlife Service; 4401 N. Fairfax Drive, particular areas as critical habitat, and, modify our approach to designating Suite 222; Arlington, VA 22203. We will in particular, any impacts on small critical habitat in any way to provide for not accept e-mail or faxes. We will post entities (e.g., small businesses or small greater public participation and all comments on http:// governments), and the benefits of understanding, or to better www.regulations.gov. This generally including or excluding areas that exhibit accommodate public concerns and means that we will post any personal these impacts. comments. information you provide us (see the (7) Whether any specific subunits Our final determination concerning Public Comments section below for being proposed as critical habitat should critical habitat for Navarretia fossalis more information). be excluded under section 4(b)(2) of the will take into consideration all written FOR FURTHER INFORMATION CONTACT: Jim Act, and whether the benefits of comments and any additional Bartel, Field Supervisor, U.S. Fish and potentially excluding any particular information we receive during the Wildlife Service, Carlsbad Fish and area outweigh the benefits of including comment period. These comments are Wildlife Office, 6010 Hidden Valley that area under section 4(b)(2) of the included in the public record for this Road, Suite 101, Carlsbad, CA 92011; Act. rulemaking and we will fully consider telephone (760) 431–9440; facsimile (8) The potential exclusion of the them in the preparation of our final (760) 431–5901. If you use a portion of the subunit (Unit 2) being determination. On the basis of public telecommunications device for the deaf proposed as critical habitat within the comments, we may, during the (TDD), call the Federal Information jurisdiction of the City of Carlsbad development of our final determination, Relay Service (FIRS) at (800) 877–8339. Habitat Management Plan, a subarea find that areas within the proposed SUPPLEMENTARY INFORMATION: plan under the San Diego Multiple designation do not meet the definition

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of critical habitat, that some fruit is an ovoid, 2-chambered capsule fossalis and other vernal pool modifications to the described (Moran 1977, pp. 155–156; Day 1993, p. Navarretias have indehiscent fruit/ boundaries are appropriate, or that areas 847). The fruit of this species consists of capsules. This means that the capsules may or may not be appropriate for indehiscent (i.e., not opening that hold the seeds do not break apart exclusion under section 4(b)(2) of the spontaneously at maturity to release when the seeds mature, and instead the Act. seeds) capsules 0.08 to 0.12 in. (2 to 3 seeds are held on the plant until the You may submit your comments and millimeters (mm)) long containing 5 to capsules absorb water and expand to materials concerning this proposed rule 25 seeds (Moran 1977, p. 156; Day 1993, break open the fruit after a substantial by one of the methods listed in the p. 847). The seeds develop a sticky, rain (Crampton 1954, pp. 233–234; ADDRESSES section. We will not slimy coating when wet, which may Spencer and Rieseberg 1998, p. 82). consider comments sent by e-mail or fax retain moisture and aid in germination After the seeds are released from the or to an address not listed in the (Moran 1977, p. 156). capsules, they come in contact with the ADDRESSES section. wet soil and are able to germinate. This Habitat If you submit a comment via http:// enables the seeds to germinate under www.regulations.gov, your entire Navarretia fossalis grows in natural favorable conditions when the habitat is comment—including any personal vernal pool habitat, seasonally flooded inundated with the winter and spring identifying information—will be posted alkali vernal plain habitat (a habitat that rains. After germination, plants grow on the Web site. If you submit a includes alkali playa, alkali scrub, alkali and flower in May and June as the hardcopy comment that includes vernal pool, and alkali annual habitat dries (Glenn Lukos Associates, personal identifying information, you grassland), and man-made irrigation Inc. 2000, p. 17). Subsequently, the may request at the top of your document ditches and detention basins (Bramlet plant produces fruit and senesces in the that we withhold this information from 1993a, pp. 10, 14, 21–23; Ferren and hot, dry summer months. The cycle public review. However, we cannot Fiedler 1993, pp. 126–127; Spencer begins again each year when the fall and guarantee that we will be able to do so. 1997, pp. 8, 13). A common feature of spring rains begin. We will post all hardcopy comments on the N. fossalis habitat is its ephemerally In addition to the general life history http://www.regulations.gov. wet, flooded, or ponded nature (i.e., for Navarretia fossalis, there are two habitat is wet for a portion the year and Background important evolutionary traits that dry the remainder of the year), and in contribute to this species survival: (1) Its It is our intent to discuss only those this rule, we use the term ‘‘ephemerally relatively limited seed dispersal topics directly relevant to the proposed wet habitats’’ to refer to N. fossalis capability; and (2) the presence of a revised designation of critical habitat in habitat. These habitats are periodically persistent seed bank. this proposed rule. No new information wet or ponded from October to May, Navarretia fossalis has ‘‘limited pertaining to the species description, and dry from June to September. The dispersal capabilities,’’ which is one life history, ecology, or habitat of period of time during which these cause of this species’ narrow Navarretia fossalis was received habitats pond is referred to as the distribution, and also demonstrates this following the 2005 final critical habitat ‘‘period of inundation.’’ This time species’ ability to persist in occupied designation for this species; summary period varies from year to year habitat. The seeds of N. fossalis are not information relevant to this species’ depending on the timing and amount of dispersed far from the parent plant, critical habitat is provided below. This precipitation. Despite the ephemeral because the seed capsules are rule incorporates new information on nature of the wetland habitat where N. indehiscent and do not shatter when the the distribution of N. fossalis that was fossalis occurs its habitat occurs and plants dry in the summer heat not available when we completed our relies on ‘‘fixed landscape features’’ that (Crampton 1954, pp. 233–234; Spencer 2005 final critical habitat designation include (1) mounds of soil that are 1997, p. 17). Instead, the seeds remain for this species. For more information interspersed with depressed areas on the dried plant until heavy winter on N. fossalis, refer to the final listing (basins) that harbor appropriate clay rains break up the dry plants and cause rule published in the Federal Register soils that provide ponding opportunities the seed capsules to open (Spencer on October 13, 1998 (63 FR 54975), and during winter and spring months; or (2) 1997, p. 17). In a local context, the the designation of critical habitat for N. flood plain areas with alkali soils that limited dispersal for N. fossalis is fossalis published in the Federal drain slowly following winter and advantageous because the seeds stay in Register on October 18, 2005 (70 FR spring rains. The ponding that N. suitable habitat rather than being 60658). Additionally, more information fossalis requires for its growth and transported into areas that do not on this species can be found in the reproduction would not be present provide suitable habitat (Zedler 1990, Recovery Plan for the Vernal Pools of without this underlying topography, pp. 130–134). As a result, the bulk of the Southern California (Recovery Plan) which is a fixed and permanent feature seeds produced by N. fossalis stay close finalized on September 3, 1998 (Service of the landscape. So even though the to the parent plants and contribute to 1998a). wetland habitat is ephemeral, the the persistence of the species within the habitat where N. fossalis occurs is local area. Conversely, the limited Species Description geographically fixed and there are only dispersal of this species results in a Navarretia fossalis is a low, mostly a limited number of locations that can decreased ability for this species to spreading or ascending, annual herb, 4 support this species. colonize new habitats. In relation to the to 6 inches (in.) (10 to 15 centimeters conservation of this species, conserving (cm)) tall. The lower portions of the Life History occupied localities will help to conserve stems are mostly glabrous (bare). The The life cycle of Navarretia fossalis this species because N. fossalis has traits leaves are soft and finely divided, 0.4 to begins with the germination of seeds that allow it to be successful in the same 2 in. (1 to 5 cm) long, and spine-tipped when the habitat is in the wetland phase habitat year after year. Additionally, when dry. The corolla (i.e., flower tube (i.e., flooded or ponded) during winter putting resources towards the and petals) are white to lavender-white and spring months. In contrast to most conservation will help prevent local with linear petals and are arranged in species of Navarretia, which are unable extinctions, which in the case of a flat-topped, compact, leafy heads. The to grow in vernal pool habitat, N. species with limited dispersal

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capabilities, could be detrimental to the rule) (October 13, 1998, 63 FR 54975). we defined in this rule are not the same species (Spencer 1997, p. 17). In the final listing rule (October 13, as the element occurrences described by Navarretia fossalis has a persistent 1998, 63 FR 54975), we estimated that the California Natural Diversity seed bank that makes occupied sites less than 300 ac (121 ha) of habitat in Database (CNDDB). more valuable for conservation than the United States was occupied by this As part of this proposed revised potential, but unoccupied, habitat. Elam species in approximately 30 critical habitat, we reviewed the (1998, p. 182) indicates that many occurrences. This habitat estimate only available data on Navarretia fossalis. We plants restricted to vernal pool habitat quantified the areas where N. fossalis determined that a total of 51 are thought to have a persistent seed was physically found (i.e., ponded areas documented occurrences exist from the bank. At one site where N. fossalis was of ephemeral wetlands) and did not United States and that 49 of these salvaged, both standing plants and soil include the intermixed upland areas occurrences are extant (i.e., currently that contained plants encased in silt and local watersheds necessary to supporting an occurrence of N. fossalis). were collected. In germination tests, support the conservation of this species. Since this species was listed in 1998, 17 both the current crop of seeds (standing For this reason, we have identified a additional occurrences have been plants) and the seeds encased in silt much larger area as proposed critical documented from survey reports and (presumably from previous years) were habitat for N. fossalis in this rule than herbarium collections. We believe that viable (Wall 2004, pp. 2–3). Additional the 300 ac (121 ha) of occupied habitat the recently documented occurrences studies should be conducted to better discussed in the final listing rule for this were extant at the time of listing quantify the seed bank that exists for N. species. Each area that we propose as because this species has limited fossalis, but we believe the currently critical habitat contains a current dispersal capabilities, and the species available information demonstrates that occurrence of N. fossalis; however, N. can only occur in specific habitat types N. fossalis has a persistent seed bank in fossalis does not physically occur with fixed landscape features. (Limited occupied areas. Therefore, the throughout the entirety of each area. dispersal is defined and discussed in preservation of the seed bank is The 6,872 ac (2,781 ha) proposed as detail in paragraph 3 of the ‘‘Life important to the conservation of this critical habitat contains occurrences of History’’ section. ‘‘Fixed landscape species, primarily with native N. fossalis and surrounding upland features’’ we further defined the first occurrences where the seed bank has areas that contain the primary time we used this terminology built up over several years. Native constituent elements essential to (paragraph 1 of the ‘‘Habitat’’ section.) It occurrences contrast with translocated support N. fossalis where it physically is unlikely that any new occurrences occurrences (where seed or plants are occurs within the proposed critical were established during the relatively moved from one location to another) habitat. For information about how this short, ten-year time period following the because in most translocations, only proposed critical habitat rule compares listing of this species. Instead, we seed from a single year is moved and to the final critical habitat designated believe the areas discovered to contain used to establish a new occurrence. In for this species in 2005, see the N. fossalis in the years since the listing a native occurrence, seed has been ‘‘Summary of Changes From Previously were occupied for many years prior to deposited in the local area year after Designated Critical Habitat’’ section listing of the species and were only year. Therefore, native occurrences have below. recently documented due to increased a more varied seed bank and will more In Mexico, Navarretia fossalis is number of surveys for this species. likely persist into the future. limited to northwestern Baja California. Additionally, all recently documented At the time of listing (1998), N. fossalis occurrences of N. fossalis are within the Geographic Range and Status was known from approximately nine historical geographical range of the Navarretia fossalis is distributed from occurrences concentrated in three areas: species. Therefore, throughout this rule northwestern Los Angeles County and Along the international border, on the we refer to all occurrences as ‘‘occupied western Riverside County, south plateaus south of the Rio Guadalupe and at the time of listing’’ whether the areas through coastal San Diego County, north of Ensenada, and on the San were documented before or after the California, to northwestern Baja Quintin coastal plain (Moran 1977, p. species was listed. California, Mexico (Moran 1977, p. 156; 156). As part of our review of data on this Oberbauer 1992, p. 7). It is found at In this proposed rule, we use the species, we were able to get a more elevations between sea level and 4,250 word ‘‘occurrence’’ to refer to a specific complete list of the past herbarium feet (ft) (1,300 meters (m)) in vernal pool area where Navarretia fossalis has been collections for Navarretia fossalis in and seasonally flooded alkali vernal positively identified. An occurrence of Baja California, Mexico; all of which plain habitats (Day 1993, pp. 847–848; N. fossalis is not necessarily were made prior to the listing of this Tibor 2001, p. 229; California Natural synonymous with a population of N. species. Our current list of collections Diversity Database (CNDDB) 2008, pp. fossalis. One occurrence may refer to from Mexico indicates that there are 12 1–44). several localized areas where N. fossalis specific locations where N. fossalis has In the United States, Navarretia has been found in habitat that is been found in Baja California (Sanborn fossalis is limited to Los Angeles, continuous and connected, such as the 2009, pp. 2–3). Other than the original Riverside, and San Diego Counties in several mile stretch along the San collection information, we have no southern California. At the time of Jacinto River in Riverside, California, specific data on these occurrences; listing (1998), N. fossalis was known where N. fossalis occurs intermittently however, development, clay mining, from approximately 30 occurrences, (although the habitat is essentially and agricultural activities have been with 60 percent of the known plants continuous). One occurrence may also ongoing in the areas where N. fossalis concentrated in three areas: Otay Mesa refer to only one localized area where N. has been found in the past (Moran 1984, in southern San Diego County, along the fossalis has been found, in habitat that pp. 175–178). We cannot make any San Jacinto River in western Riverside is isolated, such as the vernal pools at specific conclusions about how many of County, and near Hemet in Riverside the Poinsettia Lane Commuter Station in these occurrences are extant, but we do County (referred to as the Salt Creek Carlsbad, California, where the next think that this species is as rare in Seasonally Flooded Alkali Plain in the closest occurrence is several miles Mexico as it is in the United States and current proposed revised critical habitat (kilometers) away. The occurrences that that its existence is threatened by

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development, clay mining, and the protections of the Act are no longer Register for publication on or before agricultural activities in Mexico. needed. May 28, 2010. The four core habitat areas where this Areas Needed for Conservation: Core species occurs are large, both in number Critical Habitat and Satellite Habitat Areas of occupied areas and in terms of the Critical habitat is defined in section 3 Details about the distribution and occurrence size (greater than 3,000 of the Act as: status of this species provide important plants). The core habitat areas support (1) The specific areas within the background information for self-sufficient occurrences that have geographical area occupied by a species, understanding the areas that we are been resilient to human impacts at the at the time it is listed in accordance proposing for revised critical habitat. landscape scale. These core habitat with the Act, on which are found those The areas that contain the features areas contain the largest occurrences of physical or biological features essential for the conservation of N. fossalis, and, therefore, the (a) Essential to the conservation of the Navarretia fossalis and that we are conservation of these areas and the species and proposing as revised critical habitat in essential features contained therein will (b) That may require special this rule are represented by core habitat make a substantial contribution to the management considerations or areas and satellite habitat areas. Core recovery of this species. protection; and habitat represents the most critical areas We have determined, however, that (2) Specific areas outside the in conserving this species, including the conservation of the core habitat geographical area occupied by a species areas that contain the highest areas alone will not be sufficient to at the time it is listed, upon a concentrations of N. fossalis and the provide for recovery of Navarretia determination that such areas are largest contiguous blocks of habitat for fossalis. As a result, we believe that the essential for the conservation of the this species. We identified four core conservation of satellite habitat areas is species. habitat areas; three core habitat areas essential for the recovery of this species. Conservation, as defined under were identified in the listing rule (along Satellite habitats include: (1) Important section 3 of the Act, means the use of the San Jacinto River, in the Upper Salt peripheral occurrences of this species all methods and procedures that are Creek drainage, and on Otay Mesa), and that are on the geographic edge of this in the current revised proposed critical species’ distribution; (2) occurrences necessary to bring any endangered or habitat rule, we added one additional that are isolated from other occurrences threatened species to the point at which area that we believe represents a core by geographic features; and (3) areas the measures provided under the Act habitat area (Mesa de Burro on the Santa that are nested within the distribution of are no longer necessary. Such methods Rosa Plateau). In addition to the four this species and provide connections and procedures include, but are not core areas, N. fossalis occurs at several between the core habitat areas and other limited to, all activities associated with other sites that make up the range of this satellite habitat areas. The satellite scientific resources management, such species; many of these sites also contain habitat areas are dispersed throughout as research, census, law enforcement, the features essential to the conservation the range of this species. Therefore, we habitat acquisition and maintenance, of this species. believe the protection and management propagation, live trapping, In this rule, we use the term ‘‘satellite of both core and satellite habitat areas transplantation, and—in the habitat areas’’ to mean habitat areas that will result in a matrix of viable extraordinary case where population support occurrences that are smaller occurrences and supportive habitat pressures within a given ecosystem than those supported by the ‘‘core areas that will provide for the long-term cannot otherwise be relieved—regulated habitat areas,’’ but provide the means to conservation of N. fossalis. taking. significantly contribute to the recovery Critical habitat receives protection of N. fossalis. Satellite habitat areas Previous Federal Actions under section 7(a)(2) of the Act through provide connectivity between the core On October 18, 2005 (70 FR 60658), the prohibition against Federal agencies habitat areas by shortening the distances we published our final designation of carrying out, funding, or authorizing the that pollen and seeds would need to be critical habitat for Navarretia fossalis. destruction or adverse modification of transferred, fill in gaps that would exist On December 19, 2007, the Center for critical habitat. Section 7(a)(2) of the Act in the species range, if only the core Biological Diversity filed a complaint in requires consultation on Federal actions habitat areas were conserved, support the U.S. District Court for the Southern that may affect critical habitat. The stable occurrences (e.g., occurrences District of California challenging our designation of critical habitat does not that continue to persist in an area), and designation of critical habitat for N. affect land ownership or establish a likely support genetically unique fossalis and Brodiaea filifolia (Center for refuge, wilderness, reserve, preserve, or occurrences. The satellite habitat areas Biological Diversity v. United States other conservation area. Such are generally smaller than the core Fish and Wildlife Service et al., Case No. designation does not allow the habitats. However, the satellite habitat 07–CV–02379–W–NLS). This lawsuit government or public to access private areas contain the features essential to challenged the validity of the lands. Such designation does not the conservation of N. fossalis. information and reasoning we used to require implementation of restoration, Together, the core habitat areas and exclude areas from the 2005 critical recovery, or enhancement measures by satellite habitat areas represent a matrix habitat designation for N. fossalis. On private landowners. Where a landowner of viable occurrences that provide the July 25, 2008, we reached a settlement requests Federal agency funding or stability, resilience, and flexibility that agreement, in which we agreed to authorization for an action that may this species requires to survive current reconsider critical habitat designation affect a listed species or critical habitat, threats and adapt to future threats that for N. fossalis. The settlement stipulated the consultation requirements of section may be caused by environmental that we submit a proposed revised 7(a)(2) would apply, but even in the changes. Special management critical habitat designation for N. event of a destruction or adverse considerations or protection of the core fossalis to the Federal Register for modification finding, the landowner’s habitat areas and satellite habitat areas publication on or before May 29, 2009, obligation is not to restore or recover the will help with the recovery of N. fossalis and submit a final revised critical species, but to implement reasonable and bring the species to the point where habitat designation to the Federal and prudent alternatives to avoid

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destruction or adverse modification of eventually determine are necessary for listing to propose as critical habitat, we critical habitat. the recovery of the species, based on consider those physical and biological For inclusion in a critical habitat scientific data not now available to the features that are essential to the designation, the habitat within the Service. For these reasons, a critical conservation of the species that may geographical area occupied by the habitat designation does not signal that require special management species at the time of listing must habitat outside the designated area is considerations or protection. We contain physical and biological features unimportant or may not promote the consider the physical and biological that are essential to the conservation of recovery of the species. features to be the primary constituent the species, and be included only if Areas that support occurrences, but elements (PCEs) laid out in the those features may require special are outside the critical habitat appropriate quantity and spatial management considerations or designation, will continue to be subject arrangement for the conservation of the protection. Critical habitat designations to conservation actions we implement species. The PCEs include, but are not identify, to the extent known using the under section 7(a)(1) of the Act. They limited to: best scientific data available, habitat are also subject to the regulatory (1) Space for individual and areas that provide essential life cycle protections afforded by the section population growth and for normal needs of the species (i.e., areas on which 7(a)(2) jeopardy standard, as determined behavior; are found the Primary Constituent on the basis of the best available (2) Food, water, air, light, minerals, or Elements (PCEs) laid out in the scientific information at the time of the other nutritional or physiological appropriate quantity and spatial agency action. Federally funded or requirements; arrangement essential to the permitted projects affecting listed (3) Cover or shelter; conservation of the species). Under the species outside their designated critical (4) Sites for breeding, reproduction, Act, we can designate critical habitat in habitat areas may still result in jeopardy and rearing (or development) of areas outside the geographical area findings in some cases. Similarly, offspring; and occupied by the species at the time it is critical habitat designations made on the (5) Habitats that are protected from listed as critical habitat only when we basis of the best available information at disturbance or are representative of the determine that those areas are essential the time of designation will not control historical, geographical, and ecological for the conservation of the species. the direction and substance of future distributions of a species. Section 4 of the Act requires that we recovery plans, habitat conservation We derived the PCEs required for designate critical habitat on the basis of plans (HCPs), or other species Navarretia fossalis from its biological the best scientific and commercial data conservation planning efforts if new needs. The area proposed for available. Further, our Policy on information available to these planning designation as revised critical habitat Information Standards Under the efforts calls for a different outcome. consists of ephemeral wetland habitat Endangered Species Act (published in for the reproduction and growth of N. the Federal Register on July 1, 1994 (59 Methods fossalis, intermixed wetland and upland FR 34271)), the Information Quality Act As required by section 4(b) of the Act, habitats that act as the local watershed (section 515 of the Treasury and General we used the best scientific and to support the ephemeral wetland Government Appropriations Act for commercial data available in habitat, and the topography and soils Fiscal Year 2001 (Pub. L. 106–554; H.R. determining areas occupied at the time that support ponding during winter and 5658)), and our associated Information of listing that contain the features spring months. The methods of Quality Guidelines provide criteria, essential to the conservation of dispersal and pollination for N. fossalis establish procedures, and provide Navarretia fossalis. We reviewed the are not well understood and may not be guidance to ensure that our decisions approach to the conservation of N. captured by this proposed revised are based on the best scientific data fossalis provided in its recovery plan critical habitat. Likewise, the larger available. They require our biologists, to (Service 1998a, pp. 1–113, appendices), watershed areas that support the the extent consistent with the Act and the 2005 final designation of critical ephemeral wetland habitat are difficult with the use of the best scientific data habitat for N. fossalis (October 18, 2005, to define and may require hydrological available, to use primary and original 70 FR 60658), information from State, data and modeling that are not sources of information as the basis for Federal, and Local government agencies, available; therefore, areas beyond the recommendations to designate critical and information from academia and local watershed are not included in this habitat. private organizations that collected proposed critical habitat rule. The PCEs When we are determining which areas scientific data on the species. Other and the resulting physical and should be designated as critical habitat, information we used for this proposed biological features essential for the our primary source of information is revised critical habitat includes: The conservation of N. fossalis are derived generally the information developed CNDDB (CNDDB 2008, pp. 1–44); from studies of this species’ habitat, during the listing process for the published and unpublished papers, ecology, and life history as described species. Additional information sources reports, academic theses, surveys; below, in the ‘‘Background’’ section in may include the recovery plan for the Geographic Information System (GIS) this proposed rule, as well as in the species, articles in peer-reviewed data (such as species occurrence data, previous critical habitat rule (October journals, conservation plans developed soil data, land use, topography, aerial 18, 2005, 70 FR 60658), and in the final by States and counties, scientific status imagery, and ownership maps); listing rule published in the Federal surveys and studies, biological correspondence to the Service from Register on October 13, 1998 (63 FR assessments, or other unpublished recognized experts; and other 54975). materials and expert opinion or information as available. personal knowledge. Habitats That Are Representative of the Habitat is often dynamic, and species Primary Constituent Elements Historic Geographical and Ecological may move from one area to another over In accordance with section 3(5)(A)(i) Distribution of the Species time. Furthermore, we recognize that of the Act and regulations at 50 CFR Navarretia fossalis is restricted to designation of critical habitat may not 424.12(b), in determining which areas temporary wetlands in southern include all habitat areas that we may occupied by the species at the time of California and northwestern Baja

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California (Moran 1977, pp. 155–156; landscape, where soil mounds are surrounding area that flow into the Oberbauer 1992, p. 7; Day 1993, p. 847; interspersed with basins. This vernal pool complex or seasonally CNDDB 2008, pp. 1–44), and primarily landscape is called ‘‘mima-mound’’ flooded alkali vernal plain. Some associated with vernal pools and topography (Cox 1984, pp. 1397–1398), hydrologic systems (e.g., the San Jacinto seasonally flooded alkali vernal plain which is situated above an impervious River, the Salt Creek Seasonally Flooded habitats (Moran 1977, pp. 155–156; soil layer called a ‘‘hard pan’’ or ‘‘clay Alkali Plain) have watersheds that cover Bramlet 1993a, p. 10; Day 1993, p. 847; pan.’’ Additionally, the final listing rule a large area and that contribute to filling Ferren and Fiedler 1993, pp. 126–127). states that N. fossalis can occur in and the hydrological dynamics of the In Los Angeles County, N. fossalis is ditches and other artificial depressions system, while other hydrologic systems known to occur in vernal pools on associated with degraded vernal pool have very small watersheds (e.g., Carroll Cruzan Mesa and the associated habitat (63 FR 54975, October 13, 1998; Canyon, Nobel Drive) and fill almost drainage of Plum Canyon. In Riverside Moran 1977, p. 155). entirely from direct rainfall (Hanes et al. County, N. fossalis is known to occur in Seasonally flooded alkali vernal plain 1990, p. 53; Hanes and Stromberg 1998, large vernal pools with basins that range habitat includes alkali playa, alkali p. 38). It is also possible that subsurface in size from 0.5 ac (0.2 ha) to 10.0 ac scrub, alkali vernal pool, and alkali inflows from surrounding soils within a (4.0 ha) (e.g., CNDDB 2008, EO 43, 44), annual grassland components. The watershed contribute to filling some and in temporary wetlands that are hydrologic regime for this habitat vernal pools and seasonally flooded described as seasonally flooded alkali involves sporadic flooding (as described alkali vernal plains (Hanes et al. 1990, vernal plain habitat along the San above) in combination with slow p. 53; Hanes and Stromberg 1998, p. 48). Jacinto River and near Salt Creek in drainage on the alkaline soils. The Topography and Soils That Support Hemet (e.g., CNDDB 2008, EO 22, 23, habitat floods locally on a seasonal Ponding During Winter and Spring 24). In San Diego County, N. fossalis is basis. Mid-range floods occur less found in vernal pools that are smaller frequently, approximately every 20 to 50 Impervious subsurface layers of clay than those in Riverside County, ranging years, but are necessary to maintain the soils or hardpan geology, combined in size from 0.01 ac (0.005 ha) to 0.2 ac habitat by removing scrub vegetation with flat to gently sloping topography, (0.09 ha) and are often found in clusters (Roberts 2004, p. 4). During a typical, serve to inhibit rapid infiltration of of several vernal pools referred to as seasonal flooding period, alkali scrub rainwater, resulting in ponded water in vernal pool complexes (e.g., CNDDB vegetation expands its distribution into vernal pools and seasonally flooded 2008, EO 4, 14, 19). In Mexico, N. the deeper areas of the seasonally alkali vernal plains (Bramlet 1993a, p. 1; fossalis is known from fewer than 12 flooded alkali vernal plain habitat and Bauder and McMillian 1998, pp. 57–59). occurrences, of which the main crowds out the more ephemeral wetland These soils also act as a buffer to occurrences are clustered in three areas: species. During a large scale flooding moderate the water chemistry and rate along the international border, on the period, standing and slow draining of water loss to evaporation (Zedler plateaus south of the Rio Guadalupe, water remains for weeks or months and 1987, pp. 17–30). In Los Angeles and on the San Quintin coastal plain results in the death of alkali scrub County, the vernal pools that support (Moran 1977, p. 156). vegetation. As a result, conditions Navarretia fossalis are found on become favorable for annual species Cieneba-Pismo-Caperton soils (Service Ephemeral Wetland Habitat (e.g., Navarretia fossalis) to regain and GIS analysis). In western Riverside Despite the variation in the types of locally expand their range (Bramlet County, the seasonally flooded alkali habitat where Navarretia fossalis is 2004, p. 8; Roberts 2004, p. 4). vernal plain habitat that supports N. found (i.e., vernal pool habitat and fossalis is found on Domino, Traver, seasonally flooded alkali vernal plain Intermixed Wetland and Upland Waukena, and Chino soils (Bramlet habitat), these ephemeral wetlands all Habitats That Act as the Local 1993a, p. 1, 10; December 15, 1994, 59 share the same temporary nature (i.e., Watershed FR 64812). In San Diego County, the areas fill with water during winter or Vernal pools within a vernal pool vernal pool habitat that supports N. spring months and dry completely complex are hydrologically connected fossalis is found on Huerhuero, during summer and fall months). to one another within the local Placentia, Olivenhain, Stockpen, and Navarretia fossalis depends on both the geographical context. Seasonally Redding soils (Service GIS analysis). inundation and the drying of its habitat flooded alkali vernal plain habitats are Primary Constituent Elements for for survival. This type of ephemerally also hydrologically connected by Navarretia fossalis wet habitat does not support upland flowing water. Water flows over the plants that live in a dry environment surface from one vernal pool to another Under the Act and its implementing year round or wetland plants that or throughout the seasonally flooded regulations, we are required to identify require year round moisture to become alkali vernal plain. Due to an the physical and biological features established (Keeler-Wolf et al. 1998). impervious clay layer or hard pan, water within the geographical area occupied Rather, these habitats support also flows and collects below ground by Navarretia fossalis at the time of specialized plants, such as N. fossalis such that the soil becomes saturated listing that are essential to the that are able to grow in the open niche with water. The result of the movement conservation of the species and which created by the exclusion of strictly of the water through vernal pool and may require special management upland and wetland plants. seasonally flooded alkali vernal plain considerations or protection. The Navarretia fossalis primarily occurs in systems is that pools fill and hold water physical and biological features are ephemeral wetland habitat, more continuously for a number of days those PCEs laid out in a specific special specifically, vernal pool and seasonally following the initial rainfall (Hanes et arrangement and quantity determined to flooded alkali vernal plain habitat al. 1990, p. 51). For this reason, these be essential to the conservation of the (Moran 1977, pp.156–157; Bramlet hydrologic systems are best described species. All areas proposed as critical 1993a, p. 10; Bramlet 1993b, p. 14; Day from a watershed perspective. The local habitat for N. fossalis were occupied at 1993, p. 847). Vernal pools form during watershed associated with a vernal pool the time of listing (see the ‘‘Geographic the winter rains in depressions that are complex or seasonally flooded alkali Range and Status’’ section for a more part of a gently sloping, undulating vernal plain includes all surfaces in the detailed explanation) and are currently

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occupied, are within the species’ habitat is that the vernal pool or alkali fossalis require special management geographic range, and contain sufficient playa habitat has intact and functioning considerations or protection to reduce essential features to support at least one hydrology and intact adjacent upland the following threats, among others: life history function. areas that ensure a functioning habitat destruction and fragmentation Based on our current knowledge of ecosystem. All units and subunits from urban and agricultural the life history, biology, and ecology of proposed as critical habitat contain the development; pipeline construction; Navarretia fossalis, and the PCEs in the appropriate quantity and alteration of hydrology and floodplain requirements of the habitat to sustain spatial arrangement essential to the dynamics; excessive flooding; the essential life history functions of the conservation of this species and support channelization; water diversions; off- species, we determined that the PCEs multiple life processes for N. fossalis. road vehicle activity; trampling by cattle specific to N. fossalis are: and sheep; weed abatement; fire Special Management Considerations or (1) PCE 1—Ephemeral wetland suppression practices (including discing Protection habitat. Vernal pools (up to 10 ac (4 ha)) and plowing to remove weeds and and seasonally flooded alkali vernal When designating critical habitat, we create fire breaks); competition from plains that become inundated by the assess whether the occupied areas nonnative plant species; and direct and winter rains and hold water or have contain the physical and biological indirect impacts from some human saturated soils for 2 weeks to 6 months features that are essential to the recreational activities (October 13, 1998, during a year with average rainfall. This conservation of the species, and 63 FR 54975; Service 1998a, p. 7). period of inundation is long enough to whether these features may require promote germination, flowering, and special management considerations or Criteria Used To Identify Critical seed production for N. fossalis and other protection. Habitat native species typical of vernal pool and The area proposed for designation as We are proposing to designate critical seasonally flooded alkali vernal plain revised critical habitat will require some habitat in areas that were occupied by habitat, but not so long that true level of management to address the the species at the time of listing and wetland species inhabit the areas. current and future threats to the continue to be occupied today, and that (2) PCE 2—Intermixed wetland and physical and biological features contain the PCEs in the quantity and upland habitats that act as the local essential to the conservation of the spatial arrangement to support life watershed. Areas characterized by species. In all units, special history functions essential for the mounds, swales, and depressions within management considerations or conservation of the species (see the a matrix of upland habitat that results in protection of the essential features may ‘‘Geographic Range and Status’’ section intermittently flowing surface and be required to provide for the sustained for more information). We are not subsurface water in swales, drainages, function of the ephemeral wetland proposing to designate any areas outside and pools that support the habitat ecosystems on which N. fossalis the geographical area occupied at the described in PCE 1, and provide the depends. The designation of critical time of listing. All units and subunits water that allows for the inundation habitat does not imply that lands proposed contain the PCEs in the described in PCE 1. outside of critical habitat do not play an appropriate quantity and spatial (3) PCE 3—Soils that support ponding important role in the conservation of N. arrangement essential to the during winter and spring. Soils found in fossalis. Activities with a Federal nexus conservation of this species and support areas characterized in PCE 2 that allow that may affect areas outside of critical multiple life processes for N. fossalis. for ponding of water because they have habitat, such as development, As required by section 4(b)(1)(A) of a clay component or other property that agricultural activities, and road the Act, we use the best scientific and creates an impermeable surface or construction, are still subject to review commercial data available in subsurface layer. The properties of these under section 7 of the Act if they may determining areas that contain the soils contribute to reduced percolation affect N. fossalis, because Federal features that are essential to the and minimal run-off of water, all of agencies must consider both effects to conservation of Navarretia fossalis. The which lead to supporting the habitat the plant and effects to critical habitat ‘‘Methods’’ section summarizes the data and period of inundation described in independently. The prohibitions of used for this proposed revised critical PCE 1. These soil types are known to section 9 of the Act applicable to N. habitat. This proposed revised rule is an include, but are not limited to: Cieneba- fossalis under 50 CFR 17.71 (e.g., reduce effort to update our 2005 final Pismo-Caperton soils in Los Angeles to possession or maliciously damage or designation of critical habitat for N. County; Domino, Traver, and Willows destroy on Federal lands) also continue fossalis with the best available data. In soils in Riverside County; and to apply both inside and outside of some areas that were analyzed in 2005, Huerhuero, Placentia, Olivenhain, designated critical habitat. we have new information that led us to Stockpen, and Redding soils in San Researchers estimate that greater than either add or remove areas from this Diego County. 90 percent of the vernal pool habitat in proposal to revise critical habitat. With this proposed designation of southern California has been converted This section provides details of the critical habitat, we intend to conserve as a result of past human activities process and criteria we used to the physical and biological features (Bauder and McMillian 1998, pp. 56–67; delineate proposed revised critical essential to the conservation of the Keeler-Wolf et al. 1998, pp. 10, 60–61, habitat. This proposed revised rule is species, through the identification of the 63–64). A detailed discussion of threats the result of a progression of appropriate quantity and spatial to Navarretia fossalis and its habitat can conservation efforts for Navarretia arrangement of the PCEs sufficient to be found in the final listing rule fossalis. This progression is based support the life history functions of the (October 13, 1998, 63 FR 54975), the largely on the past analysis of the areas species. For Navarretia fossalis, the size previous critical habitat designation that are required for the conservation of of the ephemeral wetland habitat can (October 18, 2005, 70 FR 60658), and N. fossalis as presented in the Recovery vary a great deal, but the important the Recovery Plan for Vernal Pools of Plan for Vernal Pools of Southern factor (i.e., the appropriate quantity and Southern California (Service 1998a, California (Service 1998a, pp.1–113, spatial arrangement of the PCEs) in any pp.1–113, appendices). The features appendices), the 2005 final critical of the subunits proposed as critical essential to the conservation of N. habitat designation, and new

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information we obtained on the species revised critical habitat designation. The designation of critical habitat are and its distribution since listing. Table unit names used in this proposed summarized in the ‘‘Summary of 1 shows the changes in identified revised critical habitat are based on the Changes From Previously Designated essential habitat between the 1998 names used for management areas used Critical Habitat’’ section of this rule. Recovery Plan, the 2005 final critical in the 1998 Recovery Plan. The specific habitat designation, and this proposed changes made to the 2005 final

TABLE 1—AREAS IDENTIFIED AS ESSENTIAL TO NAVARRETIA FOSSALIS CONSERVATION

Proposed revised critical Location* Recovery plan appendix Final critical habitat (2005) habitat (2009)

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa ...... F ...... 1A ...... 1A. Plum Canyon ...... N/A ...... 1B ...... 1B.

Unit 2: San Diego: Northern Coastal Mesa Management Area

Stuart Mesa, Marine Corps Base (MCB) Camp Pen- F ...... 4(a)(3) exemption ...... 4(a)(3) exemption. dleton, Recovery plan (RP)** name: Stuart Mesa. Wire Mountain, MCB Camp Pendleton, RP name: Wire F ...... 4(a)(3) exemption. Mountain. Poinsettia Lane Commuter Station, RP name: JJ 2 F ...... 2 (partially excluded under 2. Poinsettia Lane. section 4(b)(2)).

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley (Crosby Estates) ...... N/A ...... 3A. Carroll Canyon (D 5–8) ...... 3B. Nobel Drive (X 5) ...... 3C. Large Pool southwest of runway, MCAS Miramar ...... N/A ...... 4(a)(3) exemption. EE1–2, MCAS Miramar, RP name: EE1–2, Miramar In- F ...... 4(a)(3) exemption. terior. Kearny Mesa (U 19) ...... N/A ...... 4(a)(3) exemption. New Century (BB 2), RP name: BB 2 New Century ...... G. Montgomery Field, RP name: N1–4, 6 Montgomery F ...... Excluded under section 3D. Field. 4(b)(2).

Unit 4: San Diego: Inland Management Area

San Marcos (North L 15), RP name: L 7, 8, 14–20 ...... G. San Marcos (Northwest L 14), RP name: L 7, 8, 14–20 G. San Marcos (L 1–6), RP name: L 1–6, 9–13 San F ...... 4C1 ...... 4C1. Marcos. San Marcos (L 9–10), RP name: L 1–6, 9–13 San F ...... 4C2 ...... 4C2. Marcos. San Marcos (L 11–13), RP name: L 1–6, 9–13 San F ...... 4D ...... 4D. Marcos. San Marcos (North L 15), RP name: L 7, 8, 14–20 ...... G. Ramona, RP name: Ramona ...... F. Ramona, RP name: Ramona T ...... G ...... 4E ...... 4E.

Unit 5: San Diego: Southern Coastal Mesa Management Area

Sweetwater Vernal Pools (S1–3), RP name: Sweet- F ...... 5A ( partially excluded 5A. water Lake. under section 4(b)(2)). Otay River Valley (M2) ...... 5B ...... 5B. Otay Mesa (J26), RP name: J 26 Otay Mesa ...... F ...... 5C. Proctor Valley (R1), RP name: R Proctor Valley ...... F ...... 5F. Otay Reservoir (K3–5), RP name: K3–5 Otay River ...... F ...... 5G. K1, 2, RP name: K 1, 2, 6, 7 Otay River ...... G ...... Excluded under section 4(b)(2). K 6, 7, RP name: K 1, 2, 6, 7 Otay River ...... G. Western Otay Mesa vernal pool complexes, RP name: F/G ...... Excluded under section 5H/5I. J 2, 5, 7, 11–21, 23–30 Otay Mesa/J 3 Otay Mesa. 4(b)(2). Western Otay Mesa vernal pool complexes (J 32 (West N/A ...... 5H. Otay A + B), J 33 (Sweetwater High School)). Eastern Otay Mesa vernal pool complexes, RP name: F/G ...... Excluded under section 5H/5I. 23–30 Otay Mesa/J 22 Otay Mesa. 4(b)(2). Eastern Otay Mesa vernal pool complexes, RP name: J ...... Excluded under section 19, 27, 28E, 28W Otay Mesa. 4(b)(2). RP name: J (undescribed) ...... G.

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TABLE 1—AREAS IDENTIFIED AS ESSENTIAL TO NAVARRETIA FOSSALIS CONSERVATION—Continued

Proposed revised critical Location* Recovery plan appendix Final critical habitat (2005) habitat (2009)

Unit 6: Riverside Management Area

San Jacinto River, RP name: San Jacinto ...... F ...... Excluded under section 6A. 4(b)(2). Salt Creek Seasonally Flooded Alkali Plain, RP name: F ...... Excluded under section 6B. Hemet/Salt Creek. 4(b)(2). Wickerd Road and Scott Road Pools ...... N/A ...... 6C. Skunk Hollow, RP name: Skunk Hollow ...... Excluded under section 6D. 4(b)(2). RP name: Temecula ...... F. Mesa de Burro, RP name: Santa Rosa Plateau ...... F ...... Excluded under section 6E. 4(b)(2).

Total Areas (out of 39 areas listed in this table) ..... 27 ...... 22 ...... 27. *This table does not include all locations that are occupied by Navarretia fossalis. It includes only those locations that were included in Appen- dix F or G of the Recovery Plan; designated, excluded, or exempt in 2005; or proposed as critical habitat in the current rule. Note: The alpha-nu- meric labels were applied in the recovery plan. **RP name = Name in recovery plan, if different from the current rule.

Appendices F and G of the Recovery Recovery Plan that we did not include habitat and, therefore, should be Plan provide information on the areas in this proposed revised critical habitat. proposed as critical habitat; and (7) for that are needed to stabilize (or prevent We do not have detailed information on both core and satellite habitat areas, extinction of) Navarretia fossalis these occurrences, and during recent mapped the specific locations that (Appendix F) and the areas that are surveys at some of these sites, N. contain the essential physical and needed to reclassify (or recover) N. fossalis has not been observed. biological features (PCEs in the quantity fossalis (Appendix G). In Table 1, we Additionally, we included areas in this and spatial arrangement needed to summarized the data from the recovery proposed revised critical habitat (based support life history functions essential plan. According to this summary, 27 on new data) that were not highlighted for N. fossalis). These steps are locations were highlighted as areas that in the Recovery Plan. While some of the described in detail below. needed to be conserved and managed to areas are different, we believe that the (1) We compiled all available data on recover N. fossalis. Our 2005 final rule non-inclusion of some areas in the Navarretia fossalis into a GIS database. to designate critical habitat used the Recovery Plan and the inclusion of Data on locations where N. fossalis Recovery Plan as the basis for other areas for which we have better occurs was based on collections and designating areas as critical habitat; data will achieve the overall goal of the observations made by botanists (both however, the rule included some Recovery Plan for N. fossalis and amateur and professional), biological additions and subtractions of those provide for the conservation of this consultants, and academic researchers. areas determined as essential to the species. We compiled data from the following conservation of N. fossalis in the In this proposed revised designation sources to create our GIS database for N. Recovery Plan. Nine areas that the of critical habitat for Navarretia fossalis, fossalis: (1) Data used in the Recovery Recovery Plan identified as important we selected areas based on the best Plan and in the 2005 final critical were not identified in the 2005 final scientific data available that possess habitat rule for N. fossalis; (2) the rule as essential to the conservation of those physical and biological features CNDDB data report for N. fossalis and N. fossalis, and four areas were added essential to the conservation of the accompanying GIS records (CNDDB that were not highlighted in the species, and that may require special 2008, pp. 1–44); (3) data presented in Recovery Plan. The nine areas that were management considerations or the City of San Diego’s Vernal Pool in the Recovery Plan but not included protection. We took into account the Inventory for 2002–2003 (City of San in the 2005 final rule were sites for past conservation planning that Diego 2004, pp. 1–125, appendices); (4) which we did not have specific occurred for N. fossalis in the Recovery the data report for N. fossalis from the occurrence data or areas where recent Plan and in the 2005 critical habitat California Consortium of Herbaria and surveys had not found N. fossalis. For designation. For this proposed revised accompanying Berkeley Mapper GIS these reasons, we do not believe these rule, we completed the following steps records (Consortium of California areas are essential to the conservation of to delineate critical habitat: (1) Herbaria 2008, pp. 1–17); (5) the N. fossalis and we did not include them Compiled all available data on N. Western Riverside County Multiple in the 2005 critical habitat designation. fossalis into a GIS database; (2) Species Habitat Conservation Plan The four areas that were added to the reviewed data to ensure accuracy; (3) (Western Riverside County MSHCP) 2005 final rule were locations where the determined which occurrences existed species GIS database; and (6) the occurrence data indicated that these at the time of listing; (4) determined Carlsbad Fish and Wildlife Office’s areas contained the features essential to which areas are currently occupied; (5) internal species GIS database, which the conservation of N. fossalis. defined the areas containing the features includes the species data used for the A total of 22 areas were identified in essential to the conservation of N. San Diego Multiple Species the 2005 final rule as essential to the fossalis in terms of core habitat areas Conservation Plan (MSCP) and the San conservation of N. fossalis (see Table 1). and satellite habitat areas; (6) Diego Multiple Habitat Conservation There are eight occurrences of N. determined if each occupied area Plan (MHCP), reports from section 7 fossalis that were highlighted in the represents core habitat or satellite consultations, and FWS observations of

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N. fossalis (CFWO internal species GIS River in western Riverside County, and by geographic features; or (3) areas that database). near Hemet in Riverside County are nested within the distribution of this (2) We reviewed the data that we (referred to as the Salt Creek Seasonally species and provide connections compiled to ensure its accuracy. We Flooded Alkali Plain in this proposed between the core habitat areas and other checked each data point in our database rule). These three areas represent core satellite habitat areas. to ensure that it represented an original habitat for N. fossalis. In addition to (7) For the core and satellite habitat collection or observation of Navarretia these three core habitat areas, Mesa de areas, we mapped the specific areas that fossalis. Data that did not represent an Burro in Riverside County represents contain the physical and biological original collection or observation was core habitat for this species due to the features (the PCEs) in the quantity and removed from our database. Secondly, large size of the occurrence observed spatial arrangement needed to support we checked each data point to ensure there in 2008 and because of the large life history functions essential for that it was mapped in the correct amount of intact vernal pool habitat on Navarretia fossalis. We first mapped the location. Data points that did not match this mesa. In total, we identified four ephemeral wetland habitat in the the description for the original core habitat areas for N. fossalis. These occupied area using occurrence data, collection or observation were four areas represent large, aerial imagery, and 1:24,000 remapped in the correct location or interconnected ephemeral wetlands. topographic maps. We then mapped the removed from our database. Large occurrences of N. fossalis are intermixed wetland and upland habitats (3) We determined which occurrences currently present in these four areas, but that make up the local watersheds and existed at the time of listing. We there have been significant impacts to the topography and soils that support concluded that all known occurrences, these areas in the form of habitat the occupied ephemeral wetland except for a single occurrence fragmentation, nonnative plant habitat. We mapped this area using translocated after this species was invasion, agricultural activities, and USGS topographic 1:24,000 scale maps, listed, were extant at the time of listing. recreational use. These four core habitat aerial imagery, and soil maps to identify We drew this conclusion because areas are essential to the conservation of the gently sloping area associated with Navarretia fossalis has limited dispersal N. fossalis because the conservation of ephemeral wetland habitat and any capabilities. We believe that the these areas will anchor the overall adjacent areas that slope directly into documentation of additional conservation effort for this species. the ephemeral wetland habitat which occurrences after the species was listed Additionally, the conservation of these likely contribute to the hydrology of the was due to an increased effort to survey four areas will sustain the largest ephemeral wetland habitat. In most for this species. Therefore, except on the occurrences of N. fossalis and allow for cases, we delineated the border of the single occasion where this species was N. fossalis to persist where it will be proposed revised critical habitat around translocated to a new location, all of the less constrained by the threats that the occupied ephemeral wetlands and areas that we know of for this species negatively impact its essential habitat associated local watershed areas to were occupied prior to the time this features (PCEs). follow natural breaks in the terrain such species was listed. In other words, we Habitat areas outside the four core as ridgelines, mesa edges, and steep do not believe that this species has habitat areas also support stable, intact canyon slopes. naturally colonized any new areas since occurrences of Navarretia fossalis. When determining the proposed it was listed. These satellite areas represent unique revised critical habitat boundaries, we (4) We determined which areas are habitat within this species’ range that made every effort to map precisely only currently occupied. For areas where we also contain the PCEs laid out in the the areas that contain the PCEs and had past occupancy data for Navarretia appropriate quantity and spatial provide for the conservation of fossalis, we assumed the area is arrangement essential for the Navarretia fossalis. However, we cannot currently occupied unless: (a) Two or conservation of the species. The guarantee that every fraction of more rare plant surveys conducted conservation of multiple areas that proposed revised critical habitat during the past 10 years did not find N. support occurrences dispersed contains the PCEs due to the mapping fossalis (providing the surveys were throughout the range of N. fossalis will scale that we use to draft critical habitat conducted in years with average rainfall allow occurrences to persist and boundaries. Additionally, we made and during the appropriate months to expand, ensuring that this species will every attempt to avoid including find this species (March, April, and not go extinct. The satellite habitat areas developed areas such as lands May); or (b) the site was significantly occur over a wide range of soils and at underlying buildings, paved areas, and disturbed since the last observation of various elevations that include several other structures that lack PCEs for N. the species at that location. occurrences over a range of fossalis. The scale of the maps we (5) We defined the areas necessary for environmental variables, the prepared under the parameters for conservation of N. fossalis in terms of preservation of which will help publication within the Code of Federal ‘‘core habitat areas’’ and ‘‘satellite maintain the genetic diversity of N. Regulations may not reflect the habitat areas.’’ See the ‘‘Areas Needed fossalis. The satellite habitat areas allow exclusion of such developed areas. Any for Conservation: Core and Satellite for connections between existing developed structures and the land under Habitat Areas’’ section in this rule for occurrences of N. fossalis, and together them inadvertently left inside critical definitions of these areas. with the core habitat areas, will create habitat boundaries shown on the maps (6) We determined if each occupied a sustainable matrix of habitat for this of this proposed revised critical habitat area represents core habitat or satellite species that will enable it to evolve and are excluded by text in this rule and are habitat, and, therefore, should be respond to future environmental not proposed for critical habitat proposed as critical habitat. In the final changes. designation. Therefore, Federal actions listing rule (63 FR 54975, October 13, Areas were selected as satellite habitat involving these lands would not trigger 1998), we stated that 60 percent of the areas if they are: (1) Important section 7 consultation with respect to known occurrences of Navarretia peripheral occurrences of this species critical habitat and the requirement of fossalis are concentrated in three that are on the geographic edge of this no adverse modification unless the locations: Otay Mesa in southern San species’ distribution; (2) occurrences specific actions may affect the species or Diego County, along the San Jacinto that are isolated from other occurrences PCEs in adjacent critical habitat.

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Summary of Changes From Previously public better understands why the areas of which are exempt from designation Designated Critical Habitat are being proposed as critical habitat. under section 4(a)(3)(B) of the Act), The areas identified in this rule (3) We improved our mapping comprising a total of 7,086 ac (2,868 ha) constitute a proposed revision from the methodology to more accurately define of land considered essential to the areas we designated as critical habitat the critical habitat boundaries and to conservation of N. fossalis. These 6 for Navarretia fossalis on October 18, better represent those areas that possess units and 24 subunits match the units 2005 (70 FR 60658). The differences the physical and biological features and subunits in the 2005 critical habitat include the following: essential to the conservation of the to the extent that the subunits overlap (1) We refined the PCEs to more species. This proposed revised rule and match the management areas accurately define the physical and identifies 12,313 fewer acres (4,983 ha) described in the 1998 Recovery Plan. In biological features that are essential to considered essential to the conservation 2005 we identified 18,747 ac (7,587 ha) the conservation of Navarretia fossalis. of Navarretia fossalis than we identified of land containing features essential to The PCEs were written in both the 2005 in the 2005 rule. However, this the conservation of N. fossalis that we final critical habitat and this proposed reduction is primarily due to our did not designate as critical habitat. The rule to describe the ephemeral wetland attempt to better represent the areas that lands were either exempt from critical habitat where N. fossalis occurs, the contain the essential features for N. habitat under section 4(a)(3)(B) of the associated watersheds that support the fossalis. For example, in the 2005 final Act or we excluded them under section ephemeral wetland habitat, and the soils rule, we delineated large areas of 4(b)(2) of the Act. In this proposed and topography that allow water to watershed habitat as essential, which revised rule, 2 subunits on MCB Camp pond during winter and spring months. resulted in large, poorly defined critical Pendleton (145 ac (59 ha)) and MCAS In the PCE related to the vernal pools habitat areas. The major reductions to Miramar (69 ac (28 ha)) are exempt and flooded alkali vernal plains where the 2005 critical habitat are discussed in under section 4(a)(3)(B) of the Act. We N. fossalis occurs, we added detail below (see #6). Finally, in the are also considering excluding certain information relating to the necessary 2005 final rule, we used a 100-meter areas under section 4(b)(2) of the Act timing and duration of ponding in the grid to delineate critical habitat. In this from the final designation. Specifically, ephemeral wetlands where N. fossalis proposed revised rule, we mapped the we are requesting public comment on occurs (PCE 1). In the PCE related to the areas that contain the PCEs as accurately the potential exclusion of 5,675 ac local watershed and filling of the as possible by more directly (2,296 ha) covered by the Western ephemeral wetland habitat, we approximating the delineation of Riverside County Multiple Species discussed the landforms that contribute essential areas rather than using a 100- Habitat Conservation Plan (MSHCP), 3 to the local hydrology and local meter grid to map essential areas. ac (1 ha) covered by the Carlsbad watershed (PCE 2). In the PCE related to However, we acknowledge the Habitat Management Plan (HMP) under soils types associated with habitat for N. possibility that, due to mapping, data, the San Diego Multiple Habitat fossalis, we state that these soil types and resource constraints, there may be Conservation Plan (MHCP), and 86 ac facilitate the slow percolation and some undeveloped areas mapped as (35 ha) covered by the County of San minimal run-off of water necessary for critical habitat that do not contain the Diego under the San Diego Multiple the ephemeral wetland habitat where N. PCEs. Species Conservation Plan (MSCP). fossalis occurs (PCE 3). (4) We identified several areas we are In Table 2 below, we provide a (2) We revised the criteria used to considering for exclusion from this comparison between the 2005 final identify critical habitat. Similar to the proposed revised critical habitat critical habitat designation and this 2005 critical habitat, we used the designation under section 4(b)(2) of the proposed revised critical habitat rule. Recovery Plan as the basis for our Act. Any exclusions in our upcoming The table identifies the change in area criteria. However, in this proposed final revised critical habitat designation for each subunit in the 2005 critical revised critical habitat we conducted an could differ from the exclusions we habitat designation and our new areas additional analysis of all the Navarretia made in the 2005 final critical habitat for units and subunits in this proposed fossalis data currently available. The designation. revised critical habitat designation. result of the additional analysis was that (5) We added and subtracted some Some areas designated in the 2005 rule some areas identified as essential in the subunits and revised the area of are not proposed as critical habitat 2005 designation were removed and proposed revised critical habitat. The because they do not meet the criteria we other areas were included in this 2005 final critical habitat designation are using to designate critical habitat proposed rule that were not identified (70 FR 60658, October 18, 2005) (See Table 2). Additionally, there are as essential in the 2005 designation. We included 4 units and 10 subunits, areas being proposed as critical habitat described the steps that we used to comprising a total of 652 ac (264 ha), that were not considered in the 2005 identify and delineate the areas that we which were grouped to match the final critical habitat because we have are proposing as critical habitat in more management areas described in the 1998 determined that these areas contain detail compared to the 2005 critical Recovery Plan. This proposed revision features essential for the conservation of habitat designation to ensure that the includes 6 units with 24 subunits (two Navarretia fossalis.

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TABLE 2—A COMPARISON OF THE AREAS IDENTIFIED AS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF Navarretia fossalis IN THE 2005 FINAL CRITICAL HABITAT DESIGNATION AND THIS PROPOSED REVISED CRITICAL HABITAT DESIGNATION

2005 Final critical habitat 2009 Proposed revised critical habitat Difference (2009 minus 2005) Location* Area containing Area containing Subunit essential features Subunit essential features Area

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa ...... 1A ...... 294 ac (119 ha) ... 1A ...... 129 ac (52 ha) ..... ¥165 ac (¥67 ha). Plum Canyon ...... 1B ...... 32 ac (13 ha) ...... 1B ...... 32 ac (13 ha) ...... 0 ac (0 ha).

Unit 2: San Diego: Northern Coastal Mesa Management Area

MCB Camp Pendleton ...... 4(a)(3) exemption 67 ac (27 ha) ...... 4(a)(3) exemption 145 ac (59 ha) ..... 78 ac (32 ha). Poinsettia Lane Commuter Station ..... 2; partially ex- 22 ac (9 ha) ...... 2 ...... 9 ac (4 ha) ...... ¥13 ac (¥5 ha). cluded under section 4(b)(2).

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley ...... Proposed as Unit ...... Not proposed ...... 3, but deter- mined not es- sential. Santa Fe Valley (Crosby Estates) ...... 3A ...... 5 ac (2 ha) ...... 5 ac (2 ha). Carroll Canyon ...... 3B ...... 20 ac (8 ha) ...... 20 ac (8 ha). Nobel Drive ...... 3C ...... 37 ac (15 ha) ...... 37 ac (15 ha). MCAS Miramar ...... 4(a)(3) exemption 61 ac (25 ha) ...... 4(a)(3) exemption 69 ac (28 ha) ...... 8 ac (3 ha). Montgomery Field ...... Excluded under 38 ac (16 ha) ...... 3D ...... 48 ac (20 ha) ...... 10 ac (4 ha). section 4(b)(2).

Unit 4: San Diego: Inland Management Area

San Marcos (Upham) ...... 4C1 ...... 34 ac (14 ha) ...... 4C1 ...... 34 ac (14 ha) ...... 0. San Marcos (Universal Boot) ...... 4C2 ...... 32 ac (13 ha) ...... 4C2 ...... 32 ac (13 ha) ...... 0. San Marcos (Bent Avenue) ...... 4D ...... 7 ac (3 ha) ...... 4D ...... 5 ac (2 ha) ...... ¥2 ac (¥1 ha). Ramona ...... 4E ...... 86 ac (35 ha) ...... 4E ...... 135 ac (55 ha) ..... 49 ac (20 ha).

Unit 5: San Diego: Southern Coastal Mesa Management Area

Sweetwater Vernal Pools (S1–3) ...... 5A; partially ex- 163 ac (66 ha) ..... 5A ...... 95 ac (38 ha) ...... ¥68 ac (¥27 ha). cluded under section 4(b)(2). Otay River Valley (K1 and K2) ...... Excluded under 57 ac (23 ha) ...... Not proposed, de- ...... ¥57 ac (¥23 ha). section 4(b)(2). termined not es- sential. Otay River Valley (M2) ...... 5B and excluded 109 ac (44 ha) ..... 5B ...... 24 ac (10 ha) ...... ¥85 ac (¥34 ha). under section 4(b)(2). Otay Mesa (J26) ...... 5C and excluded 19 ac (8 ha) ...... Not proposed, de- ...... ¥19 ac (¥8 ha). under section termined not es- 4(b)(2). sential. Arnie’s Point ...... Proposed as ...... Not proposed ...... Subunit 5D, but determined not essential. Proctor Valley (R1–2) ...... 5F ...... 88 ac (36 ha) ...... 88 ac (36 ha). Otay Lakes (K3–5) ...... 5G ...... 140 ac (57 ha) ..... 140 ac (57 ha). Western Otay Mesa vernal pool com- Excluded under 117 ac (47 ha) ..... 5H ...... 143 ac (58ha) ...... 26 ac (11 ha). plexes. section 4(b)(2). Eastern Otay Mesa vernal pool com- Excluded under 277 ac (112 ha) ... 5I ...... 221 ac (89 ha) ..... ¥56 ac (¥23 ha). plexes. section 4(b)(2).

Unit 6: Riverside Management Area

San Jacinto River ...... Excluded under 10,774 ac (4,360 6A ...... 3,550 ac (1,437 ¥7,224 ac section 4(b)(2). ha). ha). (¥2,924 ha). Salt Creek Seasonally Flooded Alkali Excluded under 2,233 ac (904 ha) 6B ...... 1,054 ac (427 ha) ¥1,179 ac (¥477 Plain. section 4(b)(2). ha). Wickerd Road and Scott Road Pools Excluded under 275 ac (111 ha) ... 6C ...... 205 ac (83 ha) ..... ¥70 ac (¥28 ha). section 4(b)(2).

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TABLE 2—A COMPARISON OF THE AREAS IDENTIFIED AS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF Navarretia fossalis IN THE 2005 FINAL CRITICAL HABITAT DESIGNATION AND THIS PROPOSED REVISED CRITICAL HABITAT DESIGNATION—Continued

2005 Final critical habitat 2009 Proposed revised critical habitat Difference (2009 minus 2005) Location* Area containing Area containing Subunit essential features Subunit essential features Area

Skunk Hollow ...... Excluded under 306 ac (124 ha) ... 6D ...... 158 ac (64 ha) ..... ¥148 ac (¥60 section 4(b)(2). ha). Mesa de Burro ...... Excluded under 4,396 ac (1,779 6E ...... 708 ac (287 ha) ... ¥3,688 ac section 4(b)(2). ha). (¥1,493 ha).

Total Area Essential for the Con- ...... 19,399 ac (7,851 ...... 7,086 ac (2,868 ¥12,313 ac servation of Navarretia fossalis. ha). ha). (¥4,983 ha).** *This table does not include all locations that are occupied by Navarretia fossalis. It includes only those locations that were designated as crit- ical habitat in 2005 or proposed as critical habitat in this rule. **Values in this table may not sum due to rounding.

(6) Following is a list of the areas (c) San Marcos (Bent Avenue)—The vernal pools. These areas do not reduced or enlarged in this proposed habitat identified as essential to the contribute to the watershed of the revision to critical habitat designation, conservation of N. fossalis in San Sweetwater vernal pools and were or eliminated from the 2005 final Marcos in 2005 included several vernal removed. This area was reduced by 68 critical habitat designation, and an pools where occurrences of N. fossalis ac (27 ha). explanation of why these areas are no had been found. In the 2005 final rule, (g) Otay River Valley (K1 and EO longer considered to contain the PCEs in we were unaware that the designated 10)—The habitat identified as essential the appropriate spatial arrangement and critical habitat included developed to the conservation of N. fossalis in the quantity essential to the conservation of areas. These areas do not contribute to Otay River Valley at the K1 and K2 Navarretia fossalis. the watershed of the vernal pools in San vernal pool complexes are not known to support N. fossalis at this time. We have (a) Cruzan Mesa—The habitat Marcos and were removed. This area no data that indicates N. fossalis identified as essential to the was reduced by 2 ac (1 ha). (d) Ramona—The habitat identified as occurred in the K1 vernal pool complex. conservation of N. fossalis on Cruzan essential to the conservation of N. Navarretia fossalis was last reported in Mesa in 2005 included the areas on top fossalis in Ramona in the 2005 final rule the Otay River Valley at CNDDB EO 10 of this mesa where occurrences of N. captured the vernal pools where N. in 1981. At this time, we do not believe fossalis had been found. The slopes of fossalis had been found, but did not that the unoccupied habitat in the Otay the mesa were also included due to the capture the associated watershed area. River Valley is essential for the gridding technique that was used to In some places, the boundary of this conservation of N. fossalis. More describe critical habitat in the 2005 final proposed subunit includes lands that occupied habitat exists for N. fossalis rule. Because the mesa slopes do not were not mapped in 2005 due to our than we were aware of when the 1998 contribute to the watershed of the vernal change in mapping methodology to Recovery Plan was written and we pools on Cruzan Mesa occupied by N. better capture the watershed for the believe that the species can be recovered fossalis, they were removed. This area vernal pools in this area. This area was with the management and protection of was reduced by 165 ac (67 ha). enlarged by 49 ac (20 ha). habitat that is currently occupied. We (b) Poinsettia Lane Commuter (e) Montgomery Field—The habitat removed 57 ac (23 ha) in the Otay River Station—The habitat identified as identified as essential to the Valley. essential to the conservation of N. conservation of N. fossalis at (h) Otay River Valley (M2)—The fossalis at the Poinsettia Lane Commuter Montgomery Field in the 2005 final rule habitat identified as essential to the Station in 2005 included several vernal did not capture all of the vernal pool conservation of N. fossalis in the Otay pools where occurrences of N. fossalis and associated watershed area essential River Valley in 2005 included several had been found. Due to the base map for the conservation of N. fossalis. In vernal pools where occurrences of N. layer and the coarseness of the gridding some places, the boundary of this fossalis had been found. Due to the techniques used in the 2005 final rule, proposed subunit includes lands that coarseness of the gridding technique in some of the area designated as critical were not mapped in 2005 due to our the 2005 final rule, the lands designated habitat consisted of developed change in mapping methodology to included areas that actually slope away residential lots and some of the area was better capture the vernal pools and from the vernal pools. These areas do on the west side of the railroad tracks watershed area in this subunit. This area not contribute to the watershed of the where N. fossalis has not been found. was enlarged by 10 ac (4 ha). vernal pools in the Otay River Valley These areas do not contribute to the (f) Sweetwater Vernal Pools—The and were removed. This area was watershed of the vernal pools at the habitat identified as essential to the reduced by 85 ac (34 ha). Poinsettia Lane Commuter Station and conservation of N. fossalis at the (i) Otay Mesa (J26)—The habitat were removed. In some places the Sweetwater Vernal Pools in the 2005 identified as essential to the boundary of this proposed subunit final rule included several vernal pools conservation of N. fossalis on Otay Mesa includes lands that were not mapped in where occurrences of N. fossalis had at the J26 vernal pool complex is not 2005 due to our change in mapping been found. Due to the coarseness of the known to support an occurrence of N. methodology to better capture the gridding technique used in the 2005 fossalis at this time, and we have no watershed for these vernal pools. This final rule, the lands designated included data that indicates N. fossalis ever area was reduced by 13 ac (5 ha). areas that actually slope away from the occurred in the J26 vernal pool

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complex. Surveys of the area conducted included. In some places, the boundary otherwise essential to the conservation by the City of San Diego in 2003 did not of this proposed subunit includes lands of this species in the Salt Creek locate N. fossalis in the J26 vernal pool that were not mapped in 2005. When Seasonally Flooded Alkali Plain. This complex. The 1998 Recovery Plan our mapping methods changed, we used area was reduced by 1,179 ac (477 ha). indicated the J26 vernal pool complex is more detailed maps to ensure that all (n) Wickerd Road and Scott Road important for the stabilization of N. vernal pool complexes occupied by N. Pools—The habitat identified as fossalis as a species. However, at this fossalis were accurately mapped. essential to the conservation of N. time, we do not believe that the Overall, this area was reduced by 57 ac fossalis at the Wickerd Road and Scott unoccupied habitat at the J26 vernal (23 ha). Road Pools in 2005 included two vernal pool complex in Otay Mesa is essential (l) San Jacinto River—The habitat pools where occurrences of N. fossalis for the conservation of N. fossalis. More identified as essential to the had been found. Due to the coarseness occupied habitat for this species exists conservation of N. fossalis along the San of the gridding technique that was used than we were aware of when the 1998 Jacinto River in 2005 included a large to describe critical habitat in the 2005 Recovery Plan was written and we area north of the habitat known to final rule, some of the areas consisted of believe that N. fossalis can be recovered support occurrences of N. fossalis. This developed residential lots. These areas with the management and protection of area is referred to as Mystic Lake. It is do not contribute to the watershed of habitat that is currently occupied. We an ephemeral lake bed that only fills the vernal pools at Wickerd Road and removed 19 ac (8 ha) at the J26 vernal during years of high rainfall. Mystic Scott Road Pools and were removed. In pool complex. Lake may help create conditions that some places the boundary of this (j) Western Otay Mesa vernal pool result in the appropriate habitat for N. proposed subunit includes lands that complexes—The habitat identified as fossalis to the south (downstream). were not mapped in 2005 due to our essential to the conservation of N. However, based on the best available change in mapping methodology to fossalis within the Western Otay Mesa data, we do not believe that this area better capture the watershed for these vernal pool complexes in 2005 included provides an essential contribution to the two pools. This area was reduced by 70 several vernal pools where occurrences viability of the occurrences of N. fossalis ac (28 ha). of N. fossalis had been found. Due to the along the San Jacinto River. In this (o) Skunk Hollow—The habitat coarseness of the gridding technique proposed revised rule we have identified as essential to the used in the 2005 final rule, the lands identified the ephemeral wetland conservation of N. fossalis at Skunk designated included areas that actually habitat that supports occurrences of N. Hollow in 2005 included two vernal slope away from the vernal pools. These fossalis and local associated watershed pools where occurrences of N. fossalis areas do not contribute to the watershed areas as PCEs. The Mystic Lake area had been found. Due to the coarseness of the vernal pools within the Western included in the 2005 critical habitat rule of the gridding technique that was used Otay Mesa vernal pool complexes and does not constitute part of the local to describe critical habitat in the 2005 were removed. There are also additional associated watershed area for the San final rule, some of the areas designated areas that provide habitat for N. fossalis Jacinto River occurrences as defined in that were not included in the 2005 final this proposed revised rule. Although the consisted of developed residential lots. rule. These areas meet our criteria for Mystic Lake area may contribute to There were also some areas included critical habitat as described in this conservation of N. fossalis in a general that slope away from the vernal pools. proposed revised critical habitat and sense, it is not occupied by the species These areas do not contribute to the have been included. In some places, the and we do not consider it to be essential watershed of the vernal pools at Skunk boundary of this proposed subunit to the conservation of the species. In Hollow and were removed. In some includes essential habitat that was not addition to the removal of the Mystic places, the boundary of this proposed mapped in 2005. When our mapping Lake area, some habitat on the outer subunit includes lands that were not methods changed, we used more edges of the San Jacinto River flood mapped in 2005 due to our change in detailed maps to ensure that all vernal plain were removed from critical habitat mapping methodology to better capture pool complexes occupied by N. fossalis because they do not contain the the watershed for these two pools. This were accurately mapped. Overall, this physical and biological features that are area was reduced by 148 ac (60 ha). area was enlarged by 26 ac (11 ha). essential to the conservation of this (p) Santa Rosa Plateau (Renamed (k) Eastern Otay Mesa vernal pool species. This area was reduced by 7,224 ‘‘Mesa de Burro’’ in this revised complexes—The habitat identified as ac (2,924 ha). proposed critical habitat rule)—The essential to the conservation of N. (m) Salt Creek Seasonally Flooded habitat identified as essential to the fossalis within the Eastern Otay Mesa Alkali Plain—The habitat identified as conservation of N. fossalis on the Santa vernal pool complexes in 2005 included essential to the conservation of N. Rosa Plateau in the 2005 rule included several vernal pools where occurrences fossalis at the Salt Creek Seasonally the entire plateau area (i.e., flat table- of N. fossalis had been found. Due to the Flooded Alkali Plain in 2005 included like geological formations), which coarseness of the gridding technique a large area to the west that is outside contains three distinct plateaus. Upon used to describe critical habitat in the of the local watershed for this vernal further review, we found that N. fossalis 2005 final rule, the lands designated pool complex. Upon closer examination only occurs on one of the plateaus: Mesa included areas that actually slope away of USGS 1:24,000 scale topographic de Burro. We determined that only the from the vernal pools. These areas do maps, we determined that some areas Mesa de Burro plateau contains the not contribute to the conservation of N. identified in the 2005 rule as essential physical and biological features fossalis within the Eastern Otay Mesa to the conservation of N. fossalis do not essential to the conservation of this vernal pool complexes and were fall within the local watershed of this species. The other areas on the Santa removed. There are also additional areas vernal pool complex. Impacts Rosa Plateau are not known to support that provide habitat for N. fossalis that originating from these more distant N. fossalis and are not hydrologically were not included in the 2005 final rule. watershed areas could affect the vernal connected to Mesa de Burro, and These areas meet our criteria for critical pool complex, but we do not believe therefore are not essential to the habitat as described in this proposed that these areas contain essential conservation of N. fossalis. This area revised critical habitat and have been physical and biological features or are was reduced by 3,688 ac (1,493 ha).

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(7) The following areas we consider to Proposed Revised Critical Habitat finalized, will replace the current contain features essential to the Designation critical habitat designation for N. conservation of the species have been fossalis in 50 CFR 17.96(a). The critical added to this proposed revised critical We are proposing 6 units that include habitat areas we describe below habitat, but were not considered 22 subunits as critical habitat for constitute our best assessment of areas essential to the conservation of Navarretia fossalis. The critical habitat determined to be occupied at the time Navarretia fossalis in the 2005 final areas we describe below, which include of listing that contain the primary the 22 subunits we are proposing as critical habitat designation: Santa Fe constituent elements with the critical habitat but not the 2 subunits Valley (Crosby Estates); Carroll Canyon; appropriate spatial arrangement and that are exempt from critical habitat, Nobel Drive; Proctor Valley; and Otay quantity (i.e., essential features) that constitute our best assessment at this Lakes. We have added a total of 290 ac may require special management time of areas that meet the definition of (117 ha) of proposed critical habitat in considerations or protection. We are not critical habitat for N. fossalis. Table 3 proposing any unoccupied areas or these five new subunits. An explanation identifies the approximate area of each areas outside of the species’ historical of how the added areas contribute to the proposed critical habitat subunit by range because we determined that conservation of N. fossalis is provided landownership. These subunits, which occupied lands within the species’ below in the ‘‘Proposed Revised Critical generally correspond to the geographic historical range are sufficient for the Habitat Designation’’ section. area of the subunits delineated in the conservation of N. fossalis, providing 2005 designation (see Table 2 for a that these lands are protected and detailed comparison of this proposed receive special management rule and the 2005 designation), if considerations for N. fossalis.

TABLE 3—AREA ESTIMATES (ACRES (AC) HECTARES (HA)) AND LAND OWNERSHIP FOR Navarretia fossalis PROPOSED REVISED CRITICAL HABITAT

Location Federal State government Local government Private Total

Unit 1: Los Angeles Basin-Orange Management Area

1A. Cruzan Mesa ...... 129 ac (52 ha) ..... 129 ac (52 ha). 1B. Plum Canyon ...... 32 ac (13 ha) ...... 32 ac (13 ha).

Unit 2: San Diego: Northern Coastal Mesa Management Area

MCB Camp Pendleton ...... 4(a)3 exemption* ...... 4(a)3 exemption.* 2. Poinsettia Lane Commuter Station ...... 6 ac (2 ha) ...... 3 ac (1 ha) ...... 9 ac (4 ha).

Unit 3: San Diego: Central Coastal Mesa Management Area

3A. Santa Fe Valley (Crosby Estates) ...... 5 ac (2 ha) ...... 5 ac (2 ha). 3B. Carroll Canyon ...... 16 ac (7 ha) ...... 3 ac (1 ha) ...... 20 ac (8 ha). 3C. Nobel Drive ...... 37 ac (15 ha) ...... 37 ac (15 ha). MCAS Miramar ...... 4(a)3 exemption* ...... 4(a)3 exemption.* 3D. Montgomery Field ...... 48 ac (20 ha) ...... 48 ac (20 ha).

Unit 4: San Diego: Inland Management Area

4C1. San Marcos (Upham) ...... 34 ac (14 ha) ...... 34 ac (14 ha). 4C2. San Marcos (Universal Boot) ...... 15 ac (6 ha) ...... 17 ac (7 ha) ...... 32 ac (13 ha). 4D. San Marcos (Bent Avenue) ...... 5 ac (2 ha) ...... 5 ac (2 ha). 4E. Ramona ...... 3 ac (1 ha) ...... 132 ac (53 ha) ..... 135 ac (55 ha).

Unit 5: San Diego: Southern Coastal Mesa Management Area

5A. Sweetwater Vernal Pools (S1–3) 23 ac (9 ha) ...... 1 ac (<1 ha) ...... 71 ac (29 ha) ...... 95 ac (38 ha). 5B. Otay River Valley (M2) ...... 24 ac (10 ha) ...... 24 ac (10 ha). 5F. Proctor Valley (R1–2) ...... 51 ac (21 ha) ...... 37 ac (15 ha) ...... 88 ac (36 ha). 5G. Otay Lakes (K3–5) ...... 140 ac (57 ha) ...... 140 ac (57 ha). 5H. Western Otay Mesa vernal pool ...... 45 ac (18 ha) ...... 98 ac (40 ha) ...... 143 ac (58 ha). complexes. 5I. Eastern Otay Mesa vernal pool ...... 221 ac (89 ha) ..... 221 ac (89 ha). complexes.

Unit 6: Riverside Management Area

6A. San Jacinto River ...... 1,504 ac (608 ha) ...... 2,046 ac (828 ha) 3,550 ac (1,437 ha).

6B. Salt Creek Seasonally Flooded ...... 1,054 ac (427 ha) 1,054 ac (427 ha). Alkali Plain. 6C. Wickerd Road and Scott Road ...... 205 ac (83 ha) ..... 205 ac (83 ha). Pools. 6D. Skunk Hollow ...... 158 ac (64 ha) ..... 158 ac (64 ha).

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TABLE 3—AREA ESTIMATES (ACRES (AC) HECTARES (HA)) AND LAND OWNERSHIP FOR Navarretia fossalis PROPOSED REVISED CRITICAL HABITAT—Continued

Location Federal State government Local government Private Total

6E. Mesa de Burro ...... 675 ac (273 ha) ...... 32 ac (13 ha) ...... 708 ac (287 ha).

Total ...... 23 ac (9 ha) ...... 2,180 ac (882 ha) 434 ac (176 ha) ... 4,235 ac (1,714 6,872 ac (2,781 ha). ha).** * 145 ac (59 ha) of federally owned land on MCB Camp Pendleton and 69 ac (28 ha) of federally owned land MCAS Miramar are exempt from this critical habitat (see ‘‘Exemptions under Section 4(a)(3) of the Act’’ section). ** Values in this table may not sum due to rounding.

Critical Habitat Units consists of 129 ac (52 ha) of private land pool habitat occurs on a flat area down- Presented below are brief descriptions and meets our selection criteria as slope from the vernal pools on Cruzan of all subunits and reasons why they satellite habitat. Cruzan Mesa is one of Mesa. The vernal pools on Cruzan Mesa meet the definition of critical habitat for the only areas in Los Angeles County (Subunit 1A) and Plum Canyon Navarretia fossalis. The units in this that supports mesa-top vernal pools. As represent the only habitat for N. fossalis proposed revised critical habitat satellite habitat, this subunit supports a in Los Angeles County and the most correspond to the management areas stable occurrence of Navarretia fossalis, northern occurrences of this species. described in the 1998 Recovery Plan for provides potential connectivity with Subunit 1B contains physical and Vernal Pools of Southern California. Subunit 1B, and likely supports a biological features that are essential to Each subunit contains either (1) a core genetically distinct occurrence because the conservation of N. fossalis, habitat area; or (2) a satellite habitat area of the separation of these two northern including ephemeral wetland habitat that provide connectivity between core occurrences from other occurrences of (PCE 1), intermixed wetland and upland habitat areas or other satellite habitat N. fossalis. This subunit and subunit 1B habitats that act as the local watershed areas that are captured in other (described below) represent the most (PCE 2), and the topography and soils subunits. Areas identified as subunits northern occurrences of this species. that support ponding during winter and that harbor satellite habitat areas were Subunit 1A contains physical and spring months (PCE 3). The physical identified as containing features biological features that are essential to and biological features essential to the essential to the conservation of the the conservation of N. fossalis, conservation of the species in this species (compared to other areas not including ephemeral wetland habitat subunit may require special identified as essential habitat) due to a (PCE 1), intermixed wetland and upland management considerations or combination of their geographic habitats that act as the local watershed protection to address threats from proximity to core habitat areas, their (PCE 2), and the topography and soils nonnative plant species within this status as an area that supports a stable that support ponding during winter and subunit. Please see the ‘‘Special occurrence (representing occurrences spring months (PCE 3). The physical Management Considerations or that continue to persist within a given and biological features essential to the Protection’’ section of this proposed rule geographic area), and the likelihood that conservation of the species in this for a discussion of the threats to N. these particular habitat areas support subunit may require special fossalis habitat and potential genetically unique occurrences. Other management considerations or management considerations. protection to address threats from areas not chosen as satellite areas/ Unit 2: San Diego—Northern Coastal nonnative plant species and activities subunits include occurrences that are Mesa Management Area represented by one or more of the (e.g., mowing, grading) that occur in the following characteristics: small vernal pool basins. Please see the Unit 2 is located in Northern Coastal population size, no detailed information ‘‘Special Management Considerations or San Diego County and consists of one on occurrence, lack of observations Protection’’ section of this proposed rule subunit totaling 9 ac (4 ha), as well as, during recent surveys, locations not for a discussion of the threats to N. the exempt areas on MCB Camp identified in the Recovery Plan, or areas fossalis habitat and potential Pendleton. This unit contains 6 ac (3 ha) that have low likelihood of persistence management considerations. owned by the North County Transit District, and 3 ac (1 ha) of private land. due to fragmentation or enclosure by Subunit 1B: Plum Canyon developed areas, resulting in unstable MCB Camp Pendleton is exempt in this occurrences. Subunit 1B is located near the City of revised critical habitat designation for Santa Clarita in Los Angeles County, Navarretia fossalis under section Unit 1: Los Angeles Basin—Orange California. This subunit is in Plum 4(a)(3)(B) of the Act because the 2007 Management Area Canyon, west of Forest Park and the Integrated Natural Resources Unit 1 is located in northwestern Los Sierra Highway and north of Plum Management Plan (INRMP) for MCB Angeles County and consists of two Canyon Road. Subunit 1B consists of 32 Camp Pendleton provides a benefit to N. subunits totaling 161 ac (65 ha) of ac (13 ha) of private land and meets our fossalis (see the ‘‘Exemptions under private land. selection criteria as satellite habitat. As Section 4(a)(3) of the Act’’ section of satellite habitat, this subunit supports a this proposed rule for a detailed Subunit 1A: Cruzan Mesa stable occurrence of Navarretia fossalis, discussion). Subunit 1A is located near the City of provides potential connectivity with Santa Clarita in Los Angeles County, Subunit 1A, and likely supports a Unit 2: Poinsettia Lane Commuter California. This subunit is on Cruzan genetically distinct occurrence because Station Mesa, northwest of Forest Park and the of the separation of these two northern Unit 2 is located adjacent to the City Sierra Highway and southwest of occurrences from other occurrences of of Carlsbad in San Diego County, Vasquez Canyon Road. Subunit 1A N. fossalis. The Plum Canyon vernal California. This subunit is loosely

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bounded by Avenida Encinas on the Subunit 3A: Santa Fe Valley: Crosby satellite habitat, this subunit supports a north, a housing development on the Estates stable occurrence of Navarretia fossalis east, Poinsettia Lane on the south, and Subunit 3A is located southwest of and provides potential connectivity train tracks on the west. Unit 2 consists Lake Hodges and east of the between occurrences of N. fossalis in of approximately 9 ac (4 ha) that unincorporated community of Rancho Subunits 3A and 3C. The Carroll includes 6 ac (2 ha) of land owned by Santa Fe. This subunit is loosely Canyon vernal pool complex consists of State or local governments and 3 ac (1 bounded by a driving range to the north a group of vernal pools on the edge of ha) of private land. Unit 2 meets our and northwest, High Society Way on the a mesa north of Carroll Canyon. selection criteria as satellite habitat. As east and southeast, and Country Girl Historically, there may have been more satellite habitat, this subunit supports a Lane on the southwest. Subunit 3A habitat for this species in this area; however, the majority of vernal pool stable occurrence of Navarretia fossalis consists of 5 ac (2 ha) of private land habitat in the vicinity of this subunit and meets our selection criteria as and provides potential connectivity has been developed. Subunit 3B satellite habitat. As satellite habitat, this between occurrences of N. fossalis on contains the physical and biological subunit supports a stable occurrence of MCB Camp Pendleton and in Subunits features that are essential to the Navarretia fossalis and provides 4C1, 4C2, and 4D. The Poinsettia Lane conservation of N. fossalis, including potential connectivity between vernal pool complex consists of a series ephemeral wetland habitat (PCE 1), occurrences of N. fossalis in San Marcos of vernal pools that run parallel to the intermixed wetland and upland habitats and in Subunit 3B. The Crosby Estates berm created by the train tracks. Unit 2 that act as the local watershed (PCE 2), vernal pool complex consists of a series contains the physical and biological and the topography and soils that features that are essential to the of vernal pools on a flat area 150 ft (46 support ponding during winter and conservation of N. fossalis including m) above the San Dieguito River. This spring months (PCE 3). The physical vernal pool complex occurred naturally, ephemeral wetland habitat (PCE 1), and biological features essential to the but it had been degraded by past intermixed wetland and upland habitats conservation of the species in this agricultural activities. It was restored as subunit may require special that act as the local watershed (PCE 2), to its current condition when the and the topography and soils that management considerations or adjacent area was developed. Subunit protection to address threats from support ponding during winter and 3A contains physical and biological spring months (PCE 3). The physical nonnative plant species and activities features that are essential to the (e.g., trespass, illegal trash dumping) and biological features essential to the conservation of N. fossalis, including conservation of the species in this that occur in the vernal pool basins. ephemeral wetland habitat (PCE 1), Please see the ‘‘Special Management subunit may require special intermixed wetland and upland habitats Considerations or Protection’’ section of management considerations or that act as the local watershed (PCE 2), this proposed rule for a discussion of protection to address threats from and the topography and soils that the threats to N. fossalis habitat and nonnative plant species and activities support ponding during winter and potential management considerations. (e.g., unauthorized recreational use) that spring months (PCE 3). The physical occur in the vernal pool basins. Please and biological features essential to the Subunit 3C: Nobel Drive see the ‘‘Special Management conservation of the species in this Subunit 3C is located in the City of Considerations or Protection’’ section of subunit may require special San Diego in San Diego County, this proposed rule for a discussion of management considerations or California. This subunit is loosely the threats to N. fossalis habitat and protection to address threats from bounded by the 805 interstate on the potential management considerations. nonnative plant species that occur in northeast, the train tracks on the south, We are considering this subunit for the vernal pool basins. Please see the and Nobel Drive on the northwest. exclusion under 4(b)(2) of the Act; ‘‘Special Management Considerations or Subunit 3C consists of 37 ac (15 ha) of please see the ‘‘Proposed Exclusions Protection’’ section of this proposed rule land owned by State or local under Section 4(b)(2) of the Act’’ section for a discussion of the threats to N. governments and meets our selection of this proposed rule for more fossalis habitat and potential criteria as satellite habitat. As satellite information. management considerations. We are habitat, this subunit supports a stable considering this subunit for exclusion occurrence of Navarretia fossalis and Unit 3: San Diego: Central Coastal Mesa under 4(b)(2) of the Act; please see the provides potential connectivity between Management Area ‘‘Proposed Exclusions under Section occurrences of N. fossalis in Subunits 4(b)(2) of the Act’’ section of this 3B and 3D. The Nobel Drive vernal pool Unit 3 is located in Central Coastal proposed rule for more information. complex consists of a group of vernal San Diego County and consists of four pools on a mesa-top north of Rose subunits totaling 110 ac (45 ha), as well Subunit 3B: Carroll Canyon Canyon. Subunit 3C contains the as the exempt lands on MCAS Miramar. Subunit 3B is located in the City of physical and biological features that are This unit contains 102 ac (42 ha) owned San Diego in San Diego County, essential to the conservation of N. by State and local governments, and 8 California. This subunit is located to the fossalis, including ephemeral wetland ac (3 ha) of private land. MCAS Miramar southwest of the intersection of habitat (PCE 1), intermixed wetland and is exempt in this proposed revised Parkdale Avenue and Osgood Way, and upland habitats that act as the local critical habitat designation for is loosely bounded by residential watershed (PCE 2), and the topography Navarretia fossalis under section development on the north, open space and soils that support ponding during 4(a)(3)(B) of the Act, because the 2006 to the east, and a quarry to the south winter and spring months (PCE 3). The INRMP for MCAS Miramar provides a and west. Subunit 3B consists of physical and biological features benefit to N. fossalis (see the approximately 20 ac (8 ha) that includes essential to the conservation of the 17 ac (7 ha) of land owned by State or species in this subunit may require ‘‘Exemptions under Section 4(a)(3) of local governments and 3 ac (1 ha) of special management considerations or the Act’’ section of this proposed rule private land. Subunit 3B meets our protection to address threats from for a detailed discussion). selection criteria as satellite habitat. As nonnative plant species and activities

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(e.g., unauthorized recreational use) that County, California. These three subunits approximately 135 ac (55 ha) that occur in the vernal pool basins. Please consist of three separate vernal pool includes 3 ac (1 ha) of land owned by see the ‘‘Special Management complexes. The first (Subunit 4C1) is State or local governments and 132 ac Considerations or Protection’’ section of loosely bounded by La Mirada Drive on (53 ha) of private land. Subunit 4E this proposed rule for a discussion of the northeast, Las Posas Road on the meets our selection criteria as satellite the threats to N. fossalis habitat and southeast, Linda Vista Drive on the habitat. As satellite habitat, this subunit potential management considerations. southwest, and South Pacific Street on supports a stable occurrence of the northwest. The second (Subunit Navarretia fossalis and provides Subunit 3D: Montgomery Field 4C2) is loosely bounded by Linda Vista potential connectivity with occurrences Subunit 3D is located in the City of Drive on the northeast, Las Posas Road of N. fossalis in Subunits 4C1, 4C2, and San Diego in San Diego County, on the east, West San Marcos Boulevard 4D. The vernal pools in this subunit California. This subunit is located at on the south, and South Pacific Street occur in gently sloping grassland habitat Montgomery Field (airport) to the on the west. The third (Subunit 4D) is and are at the highest elevation where northeast of the runway area. Subunit loosely bounded by South Bent Avenue N. fossalis is known to occur. Subunit 3D consists of 48 ac (20 ha) of land on the northeast, commercial 4E contains the physical and biological owned by the City of San Diego and development on the southeast and features that are essential to the meets our selection criteria as satellite southwest, and Linda Vista Drive on the conservation of N. fossalis, including habitat. As satellite habitat, this subunit northwest. Subunit 4C1 consists of 34 ac ephemeral wetland habitat (PCE 1), supports a stable occurrence of (14 ha) of private land, Subunit 4C2 intermixed wetland and upland habitats Navarretia fossalis and provides consists of 15 ac (6 ha) of land owned that act as the local watershed (PCE 2), potential connectivity with the by local government and 17 ac (7 ha) of and the topography and soils that occurrence of N. fossalis in Subunit 3C. private land, and Subunit 4D consists of support ponding during winter and The Montgomery Field vernal pool 5 ac (2 ha) of private land. These three spring months (PCE 3). The physical complex consists of a large group of subunits meet our selection criteria as and biological features essential to the vernal pools east of the runway area at satellite habitat areas because they conservation of the species in this Montgomery Field, although only the support stable occurrences of Navarretia subunit may require special northeastern portion of this vernal pool fossalis and provide potential management considerations or complex is being proposed as critical connectivity between occurrences of N. protection to address threats from habitat. Navarretia fossalis has not been fossalis in Unit 2 and Subunit 4E. We nonnative plant species and activities documented in the southeastern portion grouped these vernal pool complexes (e.g., agricultural activities, recreational of this vernal pool complex. The because of the clustered nature of these use) that occur in the vernal pool basins. northeastern portion and southeastern occurrences. These subunits have Please see the ‘‘Special Management portion of this vernal pool complex are separate subunit numbers to be Considerations or Protection’’ section of hydrologically disconnected by past consistent with the numbering this proposed rule for a discussion of development of the area. Subunit 3D identified in the previous critical habitat the threats to N. fossalis habitat and contains the physical and biological designation. Subunits 4C1, 4C2, and 4D potential management considerations. features that are essential to the contain the physical and biological Unit 5: San Diego: Southern Coastal conservation of N. fossalis, including features that are essential to the Mesa Management Area ephemeral wetland habitat (PCE 1), conservation of N. fossalis, including intermixed wetland and upland habitats ephemeral wetland habitat (PCE 1), Unit 5 is located in Southern San that act as the local watershed (PCE 2), intermixed wetland and upland habitats Diego County and consists of six and the topography and soils that that act as the local watershed (PCE 2), subunits totaling 711 ac (288 ha). This support ponding during winter and and the topography and soils that unit contains 23 ac (9 ha) of federally spring months (PCE 3). The physical support ponding during winter and owned land, 308 ac (124 ha) of land and biological features essential to the spring months (PCE 3). The physical owned by State and local governments, conservation of the species in this and biological features essential to the and 380 ac (154 ha) of private land. subunit may require special conservation of the species in these Subunit 5A: Sweetwater Vernal Pools management considerations or subunits may require special protection to address threats from management considerations or Subunit 5A is located southwest of nonnative plant species that occur in protection to address threats from the Sweetwater Reservoir. This subunit the vernal pool basins. Please see the nonnative plant species and activities is loosely bounded by the Sweetwater ‘‘Special Management Considerations or (e.g., commercial development, trespass, Reservoir on the north, steeply sloping Protection’’ section of this proposed rule off-road vehicle use) that occur in the topography on the east, State Route 125 for a discussion of the threats to N. vernal pool basins. Please see the on the south, and an unnamed drainage fossalis habitat and potential ‘‘Special Management Considerations or on the west. Subunit 5A consists of management considerations. Protection’’ section of this proposed rule approximately 95 ac (38 ha) and for a discussion of the threats to N. includes 23 ac (9 ha) of Federal land Unit 4: San Diego: Inland Management fossalis habitat and potential that is part of the San Diego National Area management considerations. Wildlife Refuge Complex and 72 ac (29 Unit 4 is located in Inland San Diego ha) of land owned by State or local Subunit 4E: Ramona County and consists of four subunits governments and meets our selection totaling 206 ac (83 ha). This unit Subunit 4E is located in the criteria as satellite habitat. This satellite contains 15 ac (6 ha) owned by State unincorporated community of Ramona. habitat subunit supports a stable and local governments, and 191 ac (77 This subunit is loosely bounded by the occurrence of Navarretia fossalis and ha) of private land. Ramona Airport and Ramona Airport provides potential connectivity between Road on the north, Sawday Road on the occurrences of N. fossalis in Subunits Subunits 4C1, 4C2, and 4D: San Marcos east, Santa Maria Creek on the south, 5B and 5F. Some of the area occupied Subunits 4C1, 4C2, and 4D are located and a series of rock outcrops on the by N. fossalis was lost during the in the City of San Marcos in San Diego west. Subunit 4E consists of construction of State Route 125. The soil

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from that area was salvaged and is being Subunit 5F: Proctor Valley supports a stable occurrence of used to restore other vernal pools in this Subunit 5F is located between the Navarretia fossalis and provides subunit. Subunit 5A contains the unincorporated communities of Eastlake potential connectivity between physical and biological features that are and Jamul in San Diego County, occurrences of N. fossalis in Subunits essential to the conservation of N. California. This subunit is located along 5F and 5I. The vernal pool complexes in fossalis, including ephemeral wetland Proctor Valley Road in Proctor Valley. this subunit are located on the flat areas habitat (PCE 1), intermixed wetland and Subunit 5F consists of approximately 88 to the south of Lower Otay Reservoir. upland habitats that act as the local ac (36 ha) and includes 51 ac (21 ha) of Subunit 5G contains the physical and watershed (PCE 2), and the topography land owned by the City of San Diego biological features that are essential to and soils that support ponding during and 37 ac (15 ha) of private land. the conservation of N. fossalis, including ephemeral wetland habitat winter and spring months (PCE 3). The Subunit 5F meets our selection criteria physical and biological features (PCE 1), intermixed wetland and upland as satellite habitat, which supports a essential to the conservation of the habitats that act as the local watershed stable occurrence of Navarretia fossalis species in this subunit may require (PCE 2), and the topography and soils and provides potential connectivity special management considerations or that support ponding during winter and between occurrences of N. fossalis in protection to address threats from spring months (PCE 3). The physical Subunits 5A and 5G. The vernal pools nonnative plant species and activities and biological features essential to the in this subunit occur in Proctor Valley (e.g., unauthorized recreational use) that conservation of the species in this on a flat area that is slightly elevated occur in the vernal pool basins. Please subunit may require special from the stream channel that runs see the ‘‘Special Management management considerations or through this valley. The vernal pools in Considerations or Protection’’ section of protection to address threats from this proposed rule for a discussion of this subunit to the west of Proctor nonnative plant species and activities the threats to N. fossalis habitat and Valley Road have been severely (e.g., unauthorized recreational use) that potential management considerations. impacted by off-road vehicle use, but occur in the vernal pool basins. Please the vernal pools to the east of Proctor see the ‘‘Special Management Subunit 5B: Otay River Valley Valley road have remained relatively Considerations or Protection’’ section of Subunit 5B is located adjacent to the intact. Subunit 5F contains the physical this proposed rule for a discussion of City of Chula Vista in San Diego County, and biological features that are essential the threats to N. fossalis habitat and California. This subunit is loosely to the conservation of N. fossalis, potential management considerations. bounded by Olympic Parkway on the including ephemeral wetland habitat north, a housing development on the (PCE 1), intermixed wetland and upland Subunit 5H: Western Otay Mesa Vernal east, and a landfill to the southwest. habitats that act as the local watershed Pool Complexes Subunit 5B consists of 24 ac (10 ha) of (PCE 2), and the topography and soils Subunit 5H is located within the Otay private land and meets our selection that support ponding during winter and Mesa Community planning area of the criteria as satellite habitat, which spring months (PCE 3). The physical City of San Diego in San Diego County, supports a stable occurrence of and biological features essential to the California. Subunit 5H consists of Navarretia fossalis and provides conservation of the species in this approximately 143 ac (58 ha) that potential connectivity between subunit may require special includes 45 ac (18 ha) of land owned by occurrences of N. fossalis in Subunits management considerations or State or local governments and 98 ac (40 5A and 5H. Subunit 5B contains the protection to address threats from ha) of private land. Subunit 5H and physical and biological features that are nonnative plant species and activities Subunit 5I encompass the core habitat essential to the conservation of N. (e.g., unauthorized recreational use, off- on Otay Mesa. As core habitat, this fossalis, including ephemeral wetland road vehicle use) that occur in the subunit contains a large area of habitat habitat (PCE 1), intermixed wetland and vernal pool basins. Please see the that supports sizable occurrences of upland habitats that act as the local ‘‘Special Management Considerations or Navarretia fossalis and provides watershed (PCE 2), and the topography Protection’’ section of this proposed rule potential connectivity between and soils that support ponding during for a discussion of the threats to N. occurrences of N. fossalis in Subunits winter and spring months (PCE 3). The fossalis habitat and potential 5G and 5I. This subunit contains several physical and biological features management considerations. We are mesa-top vernal pool complexes on essential to the conservation of the considering the portion of this subunit western Otay Mesa (Bauder vernal pool species in this subunit may require covered by the County of San Diego complexes J 2N, J 2S, J 2W, J 4, J 13N, special management considerations or Subarea Plan under the MSCP for J 13S, J 14, J 33, J 34 as in Appendix D protection to address threats from exclusion under 4(b)(2) of the Act; of City of San Diego, 2004). Subunit 5H nonnative plant species and activities please see the ‘‘Proposed Exclusions contains the physical and biological (e.g., unauthorized recreational use) that under Section 4(b)(2) of the Act’’ section features that are essential to the occur in the vernal pool basins. Please of this proposed rule for more conservation of N. fossalis, including see the ‘‘Special Management information. ephemeral wetland habitat (PCE 1), Considerations or Protection’’ section of intermixed wetland and upland habitats this proposed rule for a discussion of Subunit 5G: Otay Lakes that act as the local watershed (PCE 2), the threats to N. fossalis habitat and Subunit 5G is located east of the City and the topography and soils that potential management considerations. of Chula Vista in San Diego County, support ponding during winter and We are considering the portion of this California. This subunit is loosely spring months (PCE 3). The physical subunit covered by the County of San bounded by Lower Otay Reservoir to the and biological features essential to the Diego Subarea Plan under the MSCP for north and west and by the slopes of conservation of the species in this exclusion under 4(b)(2) of the Act; Otay Mountain to the southeast. Subunit subunit may require special please see the ‘‘Proposed Exclusions 5G consists of 140 ac (57 ha) of land management considerations or under Section 4(b)(2) of the Act’’ section owned by State or local governments protection to address threats from of this proposed rule for more and meets our selection criteria as nonnative plant species and activities information. satellite habitat because this location (e.g., unauthorized recreational use,

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residential and commercial owned by the State of California’s contains a large area of habitat that development) that occur in the vernal Department of Fish and Game and 3,496 supports sizable occurrences of pool basins. Please see the ‘‘Special ac (1,415 ha) of private land. Navarretia fossalis and provides Management Considerations or potential connectivity between Subunit 6A: San Jacinto River Protection’’ section of this proposed rule occurrences of N. fossalis in Subunits for a discussion of the threats to N. Subunit 6A is generally located along 6A and 6C. This subunit consists of fossalis habitat and potential the San Jacinto River near the cities of seasonally flooded alkali vernal plains. management considerations. Hemet and Perris in Riverside County, Subunit 6B contains the physical and California. This subunit is loosely biological features that are essential to Subunit 5I: Eastern Otay Mesa Vernal bounded by Mystic Lake on the the conservation of N. fossalis, Pool Complexes northeast and by the Perris Airport in including ephemeral wetland habitat Subunit 5I is located in the City of the southwest. Subunit 6A consists of (PCE 1), intermixed wetland and upland San Diego in San Diego County, approximately 3,550 ac (1,437 ha), habitats that act as the local watershed California. This subunit contains several including 1,504 ac (609 ha) of land (PCE 2), and the topography and soils mesa top vernal pool complexes on owned by State or local governments that support ponding during winter and eastern Otay Mesa. Subunit 5I consists and 2,046 ac (828 ha) of private land. spring months (PCE 3). The physical of 220 ac (89 ha) of private land. Subunit 6A encompasses the core and biological features essential to the Subunit 5I along with Subunit 5H habitat along the San Jacinto River. As conservation of the species in this encompass the core habitat on Otay core habitat, this subunit contains a subunit may require special Mesa. As core habitat, this subunit large area of habitat that supports management considerations or contains a large area of habitat that sizable occurrences of Navarretia protection to address threats from supports sizable occurrences of fossalis and provides potential nonnative plant species and activities Navarretia fossalis and provides connectivity between occurrences of N. (e.g., grazing, flood control, discing for potential connectivity between fossalis in Subunits 6B and 5C. This vegetation control) that occur in the occurrences of N. fossalis in Subunits subunit consists of seasonally flooded vernal pool basins. Please see the 5B and 5H. This subunit contains alkali vernal plains that occur along the ‘‘Special Management Considerations or several mesa-top vernal pool complexes San Jacinto River. Subunit 6A contains Protection’’ section of this proposed rule on eastern Otay Mesa (Bauder vernal the physical and biological features that for a discussion of the threats to N. pool complexes J 22, J 29, J 30, J 31N, are essential to the conservation of N. fossalis habitat and potential J 31S as in Appendix D of City of San fossalis, including ephemeral wetland management considerations. We are Diego, 2004 and Service GIS). Subunit habitat (PCE 1), intermixed wetland and considering this subunit for exclusion 5I contains the physical and biological upland habitats that act as the local under 4(b)(2) of the Act; please see the features that are essential to the watershed (PCE 2), and the topography ‘‘Proposed Exclusions under Section conservation of N. fossalis, including and soils that support ponding during 4(b)(2) of the Act’’ section of this ephemeral wetland habitat (PCE 1), winter and spring months (PCE 3). The proposed rule for more information. intermixed wetland and upland habitats physical and biological features that act as the local watershed (PCE 2), essential to the conservation of the Subunit 6C: Wickerd and Scott Road and the topography and soils that species in this subunit may require Pools support ponding during winter and special management considerations or Subunit 6C is located in the City of spring months (PCE 3). The physical protection to address threats from Menifee in Riverside County, California. and biological features essential to the nonnative plant species and activities This subunit is loosely bounded by low- conservation of the species in this (e.g., manure dumping, flood control) lying hills north of Garbani Road on the subunit may require special that occur in the vernal pool basins. north, Briggs Road on the east, Scott management considerations or Please see the ‘‘Special Management Road on the south, and Menifee Road on protection to address threats from Considerations or Protection’’ section of the west. Subunit 6C consists of 205 ac nonnative plant species and activities this proposed rule for a discussion of (83 ha) of private land and meets our (e.g., unauthorized recreational use, the threats to N. fossalis habitat and selection criteria as satellite habitat residential and commercial potential management considerations. because this location supports a stable development) that occur in the vernal We are considering this subunit for occurrence of Navarretia fossalis and pool basins. Please see the ‘‘Special exclusion under 4(b)(2) of the Act; provides potential connectivity between Management Considerations or please see the ‘‘Proposed Exclusions occurrences of N. fossalis in Subunits Protection’’ section of this proposed rule Under Section 4(b)(2) of the Act’’ 6A, 6B, and 6D. This subunit consists of for a discussion of the threats to N. section of this proposed rule for more two large vernal pools. Subunit 6C fossalis habitat and potential information. contains the physical and biological management considerations. We are features that are essential to the Subunit 6B: Salt Creek Seasonally considering the portion of this subunit conservation of N. fossalis, including Flooded Alkali Plain covered by the County of San Diego ephemeral wetland habitat (PCE 1), Subarea Plan under the MSCP for Subunit 6B is located near the City of intermixed wetland and upland habitats exclusion under 4(b)(2) of the Act; Hemet and west of the Hemet-Ryan that act as the local watershed (PCE 2), please see the ‘‘Proposed Exclusions Airport in Riverside County, California. and the topography and soils that Under Section 4(b)(2) of the Act’’ This subunit is loosely bounded by support ponding during winter and section of this proposed rule for more Devonshire Avenue on the north, spring months (PCE 3). The physical information. Warren Road on the east, the train tracks and biological features essential to the on the south, and the low-lying hills on conservation of the species in this Unit 6: Riverside Management Area the west. Subunit 6B consists of 1,054 subunit may require special Unit 6 is located in Western Riverside ac (427 ha) of private land that management considerations or County and consists of five subunits encompasses the core habitat along the protection to address threats from totaling 5,675 ac (2,297 ha). This unit Upper Salt Creek drainage in western nonnative plant species and activities contains 2,179 ac (882 ha) of land Hemet. As core habitat, this subunit (e.g., residential or agricultural

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development, discing for vegetation including 676 ac (274 ha) of land owned critical habitat would remain functional control, and maintenance of existing by State or local governments and 32 ac (or retain the current ability for the PCEs pipelines) that occur in the vernal pool (13 ha) of private land. Subunit 6E to be functionally established) to serve basins. Please see the ‘‘Special encompasses the core habitat on Mesa its intended conservation role for the Management Considerations or de Burro at the Santa Rosa Plateau. species (Service 2004a, p. 3). Protection’’ section of this proposed rule As core habitat, this subunit contains Section 7(a)(4) of the Act requires for a discussion of the threats to N. a large area of habitat that supports a Federal agencies to confer with us on fossalis habitat and potential sizable occurrence of Navarretia fossalis any action that is likely to jeopardize management considerations. We are and provides potential connectivity the continued existence of a species considering this subunit for exclusion between occurrences of N. fossalis on proposed for listing or result in under 4(b)(2) of the Act; please see the MCB Camp Pendleton and in Subunit destruction or adverse modification of ‘‘Proposed Exclusions under Section 6D. This subunit consists of seasonally proposed critical habitat. Conference 4(b)(2) of the Act’’ section of this flooded alkali vernal plains, including reports provide conservation proposed rule for more information. mesa-top vernal pools on volcanic basalt recommendations to assist the agency in eliminating conflicts that may be caused Subunit 6D: Skunk Hollow soils. Subunit 6E contains the physical and biological features that are essential by the proposed action. We may issue Subunit 6D is located east of the City to the conservation of N. fossalis, a formal conference report if requested of Murrieta in Riverside County, including ephemeral wetland habitat by a Federal agency. Formal conference California. This subunit is loosely (PCE 1), intermixed wetland and upland reports on proposed critical habitat bounded by Browning Street on the habitats that act as the local watershed contain an opinion that is prepared north, the edge of an unnamed canyon (PCE 2), and the topography and soils according to 50 CFR 402.14, as if critical on the east, Murrieta Hot Springs Road that support ponding during winter and habitat were designated. We may adopt on the south, and Pourroy Avenue on spring months (PCE 3). The physical the formal conference report as the the west. Subunit 6D consists of 158 ac and biological features essential to the biological opinion when the critical (64 ha) of private land and meets our conservation of the species in this habitat is designated, if no substantial selection criteria as satellite habitat subunit may require special new information or changes in the because this subunit supports a stable management considerations or action alter the content of the opinion occurrence of Navarretia fossalis and protection to address threats from (see 50 CFR 402.10(d)). The provides potential connectivity between nonnative plant species and activities conservation recommendations in a occurrences of N. fossalis in Subunits (e.g., unauthorized recreational use) that conference report or opinion are 6C and 6E. This subunit consists of the occur in the vernal pool basins. Please advisory. large Skunk Hollow vernal pool and a see the ‘‘Special Management If a species is listed or critical habitat small pool to the east of the Skunk Considerations or Protection’’ section of is designated, section 7(a)(2) of the Act Hollow pool. Subunit 6D contains the this proposed rule for a discussion of requires Federal agencies to ensure that physical and biological features that are the threats to N. fossalis habitat and activities they authorize, fund, or carry essential to the conservation of N. potential management considerations. out are not likely to jeopardize the fossalis, including ephemeral wetland We are considering this subunit for continued existence of such a species or habitat (PCE 1), intermixed wetland and exclusion under 4(b)(2) of the Act; to destroy or adversely modify its upland habitats that act as the local please see the ‘‘Proposed Exclusions critical habitat. If a Federal action may watershed (PCE 2), and the topography affect a listed species or its critical under Section 4(b)(2) of the Act’’ section and soils that support ponding during habitat, the responsible Federal agency of this proposed rule for more winter and spring months (PCE 3). The (action agency) must enter into information. physical and biological features consultation with us in most cases. As essential to the conservation of the Effects of Critical Habitat Designation a result of this consultation, we species in this subunit may require Section 7 Consultation document compliance with the special management considerations or requirements of section 7(a)(2) through protection to address threats from Section 7(a)(2) of the Act requires our issuance of: nonnative plant species and activities Federal agencies, including the Service, (1) A concurrence letter for Federal (e.g., unauthorized recreational use) that to ensure that actions they fund, actions that may affect, but are not occur in the vernal pool basins. Please authorize, or carry out are not likely to likely to adversely affect, listed species see the ‘‘Special Management destroy or adversely modify critical or designated critical habitat; or Considerations or Protection’’ section of habitat. Decisions by the 5th and 9th (2) A biological opinion for Federal this proposed rule for a discussion of Circuit Courts of Appeals have actions that are likely to adversely affect the threats to N. fossalis habitat and invalidated our definition of listed species or designated critical potential management considerations. ‘‘destruction or adverse modification’’ habitat. We are considering this subunit for (50 CFR 402.02) (see Gifford Pinchot An exception to the concurrence exclusion under 4(b)(2) of the Act; Task Force v. U.S. Fish and Wildlife process referred to in (1) above occurs please see the ‘‘Proposed Exclusions Service, 378 F.3d 1059 (9th Cir 2004) in consultations involving National Fire under Section 4(b)(2) of the Act’’ section and Sierra Club v. U.S. Fish and Plan projects. In 2004, the U.S. Forest of this proposed rule for more Wildlife Service et al., 245 F.3d 434, Service and the BLM reached information. 442F (5th Cir 2001)), and we do not rely agreements with the Service to on this regulatory definition when streamline a portion of the section 7 Subunit 6E: Mesa de Burro analyzing whether an action is likely to consultation process (BLM–ACA 2004, Subunit 6E is located west of the City destroy or adversely modify critical pp. 1–8; FS–ACA 2004, pp. 1–8). The of Murrieta in Riverside County, habitat. Under the statutory provisions agreements allow the U.S. Forest California. This subunit is on Mesa de of the Act, we determine destruction or Service and the BLM the opportunity to Burro within the Santa Rosa Plateau adverse modification on the basis of make ‘‘not likely to adversely affect’’ Ecological Reserve. Subunit 6E consists whether, with implementation of the (NLAA) determinations for projects of approximately 708 ac (287 ha), proposed Federal action, the affected implementing the National Fire Plan.

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Such projects include prescribed fire, measures are implemented through ability for the primary constituent mechanical fuels treatments (thinning specific ‘‘Terms and Conditions’’ that elements to be functionally established. and removal of fuels to prescribed must be followed by the action agency Activities that may destroy or adversely objectives), emergency stabilization, or passed along by the action agency as modify critical habitat are those that burned area rehabilitation, road binding conditions to an applicant. alter the physical and biological features maintenance and operation activities, Reasonable and prudent measures, to an extent that appreciably reduces the ecosystem restoration, and culvert along with the terms and conditions that conservation value of critical habitat for replacement actions. The U.S. Forest implement them, cannot alter the basic Navarretia fossalis. Generally, the Service and the BLM must ensure staff design, location, scope, duration, or conservation role of the N. fossalis are properly trained, and both agencies timing of the action under consultation proposed revised critical habitat units is must submit monitoring reports to the and may involve only minor changes to support viable occurrences in core Service to determine if the procedures (50 CFR 402.14). The Service may habitat areas and satellite habitat areas. are being implemented properly and provide the action agency with that effects on endangered species and additional conservation Section 4(b)(8) of the Act requires us their habitats are being properly recommendations, which are advisory to briefly evaluate and describe in any evaluated. As a result, we do not believe and not intended to carry binding legal proposed or final regulation that the alternative consultation processes force. designates critical habitat those being implemented as a result of the Regulations at 50 CFR 402.16 require activities involving a Federal action that National Fire Plan will differ Federal agencies to reinitiate may destroy or adversely modify such significantly from those consultations consultation on previously reviewed habitat, or that may be affected by such being conducted by the Service. actions in instances where we have designation. If we issue a biological opinion listed a new species or subsequently Activities that, when carried out, concluding that a project is likely to designated critical habitat that may be funded, or authorized by a Federal jeopardize the continued existence of a affected and the Federal agency has agency, may adversely affect critical listed species or destroy or adversely retained discretionary involvement or habitat and therefore should result in modify critical habitat, we also provide control over the action (or the agency’s consultation for Navarretia fossalis reasonable and prudent alternatives to discretionary involvement or control is include, but are not limited to, the authorized by law). Consequently, the project, if any are identifiable. We following: define ‘‘Reasonable and prudent Federal agencies may sometimes need to alternatives’’ at 50 CFR 402.02 as request reinitiation of consultation with (1) Actions that would impact the alternative actions identified during us on actions for which formal ability of an ephemeral wetland to consultation that: consultation has been completed, if continue to provide habitat for • Can be implemented in a manner those actions with discretionary Navarretia fossalis and other native consistent with the intended purpose of involvement or control may affect species that require this specialized the action, subsequently listed species or habitat type. Such activities could • Can be implemented consistent designated critical habitat. include, but are not limited to, water with the scope of the Federal agency’s Federal activities that may affect impoundment, stream channelization, legal authority and jurisdiction, Navarretia fossalis or its designated water diversion, water withdrawal, and • Are economically and critical habitat will require section 7 development activities. These activities technologically feasible, and consultation under the Act. Activities could alter the biological and physical • Would, in the Director’s opinion, on State, Tribal, local, or private lands features that provide the appropriate avoid jeopardizing the continued requiring a Federal permit (such as a habitat for N. fossalis by eliminating existence of the listed species or permit from the U.S. Army Corps of ponding habitat, changing the duration destroying or adversely modifying its Engineers under section 404 of the and frequency of the ponding events critical habitat. Clean Water Act or a permit under that this species relies on, making the Reasonable and prudent alternatives section 10(a)(1)(B) of the Act from the habitat too wet and allowing for obligate can vary from slight project Service) or involving some other Federal wetland species to become established, modifications to extensive redesign or action (such as funding from the Federal making the habitat too dry and allowing relocation of the project. Costs Highway Administration, Federal upland species to become established, associated with implementing a Aviation Administration, or the Federal causing large amounts of sediment to be reasonable and prudent alternative are Emergency Management Agency) will deposited in N. fossalis habitat, or similarly variable. also be subject to the section 7 causing increased erosion and incising When we issue a biological opinion consultation process. Federal actions of waterways. concluding that a project is not likely to not affecting listed species or critical jeopardize a listed species or adversely habitat, and actions on State, Tribal, (2) Actions that would impact the soil modify its critical habitat but may result local, or private lands that are not and topography that cause water to in incidental take of listed animals, we Federally funded, authorized, or pond during the winter and spring provide an incidental take statement permitted, do not require section 7 months. Such activities could include, that specifies the impact of such consultations. but are not limited to, deep ripping of incidental taking on the species. We soils, trenching, soil compaction, and then define ‘‘Reasonable and Prudent Application of the ‘‘Adverse development activities. These activities Measures’’ considered necessary or Modification’’ Standard could alter the biological and physical appropriate to minimize the impact of The key factor related to the adverse features that provide the appropriate such taking. Reasonable and prudent modification determination is whether, habitat for N. fossalis by eliminating measures are binding measures the with implementation of the proposed ponding habitat, impacting the action agency must implement to Federal action, the affected critical impervious nature of the soil layer, or receive an exemption to the prohibition habitat would continue to serve its making the soil so impervious that against take contained in section 9 of intended conservation role for the water pools for an extended, detrimental the Act. These reasonable and prudent species, or would retain its current hydroperiod (as described in the PCEs).

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Exemptions Under Section 4(a)(3) of the of Fish and Game, and California positions) in N. fossalis habitat (Marine Act Department of Parks and Recreation to Corp Base Camp Pendleton 2007, The National Defense Authorization continually refine the existing INRMPs Appendix F, p. 54). Additionally, MCB Act for Fiscal Year 2004 (Pub. L. 108– as part of the Sikes Act’s INRMP review Camp Pendleton’s environmental 136) amended the Act to limit areas process. In accordance with section security staff reviews projects and eligible for designation as critical 4(a)(3)(B)(i) of the Act, we determined enforces existing regulations and orders habitat. Specifically, section 4(a)(3)(B)(i) that conservation efforts identified in that, through their implementation, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) the INRMPs will provide a benefit to N. avoid and minimize impacts to natural fossalis occurring in habitats within or resources, including N. fossalis and its now provides: ‘‘The Secretary shall not adjacent to MCB Camp Pendleton and habitat. As a result, activities occurring designate as critical habitat any lands or MCAS Miramar (see the following on MCB Camp Pendleton are currently other geographical areas owned or sections that detail this determination being conducted in a manner that controlled by the Department of for each installation). Therefore, 214 ac benefits N. fossalis. Finally, MCB Camp Defense, or designated for its use, that (87 ha) of habitat on MCB Camp Pendleton provides training to are subject to an integrated natural Pendleton and MCAS Miramar are personnel on environmental awareness resources management plan prepared exempt from revised critical habitat for for sensitive resources on the base, under section 670a of this title, if the N. fossalis under section 4(a)(3) of the including N. fossalis and vernal pool Secretary determines in writing that Act. habitat. We are currently consulting such plan provides a benefit to the with the Marine Corps under section 7 Marine Corps Base Camp Pendleton species for which critical habitat is of the Act to programmatically address (MCB Camp Pendleton) proposed for designation.’’ potential impacts of military training The Sikes Act Improvement Act of In the previous final critical habitat and other activities on MCB Camp 1997 required each military installation designation for Navarretia fossalis, we Pendleton. Upon completion of this that includes land and water suitable for exempted MCB Camp Pendleton from consultation, we anticipate additional the conservation and management of the designation of critical habitat measures that benefit N. fossalis to be natural resources to complete an INRMP (October 18, 2005, 70 FR 60658). We incorporated into the INRMP for MCB by November 17, 2001. An INRMP based this decision on the conservation Camp Pendleton. integrates implementation of the benefits to N. fossalis identified in the military mission of the installation with INRMP developed by MCB Camp Marine Corps Air Station Miramar stewardship of the natural resources Pendleton in November 2001. A revised (MCAS Miramar) found on the base. Each INRMP and updated INRMP was prepared by In the previous final critical habitat includes: MCB Camp Pendleton in March 2007 designation for Navarretia fossalis, we (1) An assessment of the ecological (Marine Corp Base Camp Pendleton exempted MCAS Miramar from the needs on the installation, including the 2007). We determined that conservation designation of critical habitat (October need to provide for the conservation of efforts identified in the INRMP provide 18, 2005, 70 FR 60658). We based this listed species; a benefit to the occurrences of N. decision on the conservation benefits to (2) A statement of goals and priorities; fossalis and vernal pool habitat N. fossalis identified in the INRMP (3) A detailed description of occurring on MCB Camp Pendleton developed by MCAS Miramar in May management actions to be implemented (Marine Corp Base Camp Pendleton 2000. A revised and updated INRMP to provide for these ecological needs; 2007, Section 4, pp. 51–76). This was prepared by MCAS Miramar in and conservation includes the 145 ac (59 ha) October 2006 (Gene Stout and (4) A monitoring and adaptive of habitat that we believe to be essential Associates et al. 2006). We determined management plan. for the conservation of N. fossalis on that conservation efforts identified in Among other things, each INRMP Stuart Mesa and near the Wire the INRMP provide a benefit to the must, to the extent appropriate and Mountain Housing Complex. Therefore, occurrences of N. fossalis and vernal applicable, provide for fish and wildlife lands containing features essential to pool habitat occurring on MCAS management; fish and wildlife habitat the conservation of N. fossalis on this Miramar (Gene Stout and Associates et enhancement or modification; wetland installation are exempt from revised al. 2006, Section 7, pp. 17–23). This protection, enhancement, and critical habitat for N. fossalis under conservation includes the 69 ac (28 ha) restoration where necessary to support section 4(a)(3) of the Act. of habitat that we have determined fish and wildlife; and enforcement of The INRMP for MCB Camp Pendleton contains the features essential for the applicable natural resource laws. benefits Navarretia fossalis through conservation of N. fossalis in the We consult with the military on the ongoing efforts to survey and monitor western portion of MCAS Miramar. development and implementation of the species, and by providing this Therefore, lands containing features INRMPs for installations with federally information to all necessary personnel essential to the conservation of N. listed species. Any INRMPs developed through MCB Camp Pendleton’s GIS fossalis on this installation are exempt by military installations located within database on sensitive resources and in from revised critical habitat for N. the range of Navarretia fossalis and their published resource atlas. The fossalis under section 4(a)(3) of the Act. which contain those features essential to INRMP also benefits N. fossalis by The INRMP for MCAS Miramar the species’ conservation were analyzed implementing the following base benefits Navarretia fossalis through for exemption under the authority of directives to avoid and minimize ongoing efforts to avoid and minimize section 4(a)(3)(B) of the Act. adverse effects to the species: (1) impacts to the species and vernal pool Both Marine Corps Base (MCB) Camp Keeping bivouac/command post/field habitat. The INRMP classifies all N. Pendleton and Marine Corps Air Station support activities at least 984 ft (300 m) fossalis habitat and nearly all other (MCAS) Miramar have approved from N. fossalis habitat year-round; (2) vernal pool basins and watersheds on INRMPs that address Navarretia keeping vehicle/equipment on existing MCAS Miramar as a Level I fossalis, and the Marine Corps (on both roads (however, foot traffic is authorized Management Area (Gene Stout and installations) has committed to work year-round); and (3) prohibiting digging Associates et al. 2006, Section 5, Table closely with us, California Department (including construction of fighting 1). Under the INRMP, Level I

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Management Areas receive the highest such exclusion would not result in the Conservation Partnerships on Non- conservation priority of the various extinction of the species. Federal Lands Management Areas on MCAS Miramar. When considering the benefits of Most Federally listed species in the The conservation of vernal pool basins inclusion for an area, we consider the United States will not recover without and watersheds in the Level I additional regulatory benefits that area cooperation of non-Federal landowners. Management Areas is achieved through: would receive from the protection from More than 60 percent of the United (1) Education of base personnel; (2) adverse modification or destruction as a States is privately owned (National implementation of proactive measures result of actions with a Federal nexus; Wilderness Institute 1995), and at least that help avoid accidental impacts (e.g., the educational benefits of mapping 80 percent of endangered or threatened signs and fencing); (3) development of essential habitat for recovery of the species occur either partially or solely procedures to respond to and restore listed species; and any benefits that may on private lands (Crouse et al. 2002, p. accidental impacts on vernal pools; and result from a designation due to State or 720). Stein et al. (1995, p. 400) found (4) maintenance of an inventory of Federal laws that may apply to critical that only about 12 percent of listed vernal pool basins and the associated habitat. species were found almost exclusively watersheds on MCAS Miramar (Gene on Federal lands (90 to 100 percent of Stout and Associates et al. 2006, Section When considering the benefits of exclusion, we consider, among other their known occurrences restricted to 7, pp. 17–23). Additionally, the MCAS Federal lands) and that 50 percent of Miramar’s environmental security staff things, whether exclusion of a specific area is likely to result in conservation; Federally listed species are not known reviews projects and enforces existing to occur on Federal lands at all. the continuation, strengthening, or regulations and orders that, through Given the distribution of listed encouragement of partnerships; and/or their implementation, avoid and species with respect to land ownership, implementation of a management plan minimize impacts to natural resources, conservation of listed species in many that provides equal to or more including N. fossalis and its habitat. parts of the United States is dependent conservation than a critical habitat Activities occurring on MCAS Miramar upon working partnerships with a wide are currently being conducted in a designation would provide. variety of entities and the voluntary manner that benefits N. fossalis and In the case of N. fossalis, the benefits cooperation of many non-Federal prevents degradation or destruction of of critical habitat include public landowners (Wilcove and Chen 1998, p. the species’ vernal pool habitat. awareness of N. fossalis presence and 1407; Crouse et al. 2002, p. 720; James Proposed Exclusions Under Section the importance of habitat protection, 2002, p. 271). Building partnerships and 4(b)(2) of the Act and in cases where a Federal nexus promoting voluntary cooperation of exists, increased habitat protection for landowners are essential to Section 4(b)(2) of the Act states that N. fossalis due to the protection from understanding the status of species on the Secretary must designate and revise adverse modification or destruction of non-Federal lands, and are necessary to critical habitat on the basis of the best critical habitat. In practice, a Federal implement recovery actions such as available scientific data after taking into nexus exists primarily on Federal lands reintroducing listed species, habitat consideration the economic impact, or for projects undertaken or requiring restoration, and habitat protection. national security impact, and any other authorization by a Federal agency. Many non-Federal landowners derive relevant impact of specifying any When we evaluate the existence of a satisfaction from contributing to particular area as critical habitat. The conservation plan when considering the endangered species recovery. We Secretary may exclude an area from promote these private-sector efforts critical habitat if he determines that the benefits of exclusion, we consider a variety of factors including, but not through the Department of the Interior’s benefits of such exclusion outweigh the Cooperative Conservation philosophy. benefits of specifying such area as part limited to, whether the plan is finalized; how it provides for the conservation of Conservation agreements with non- of the critical habitat, unless he Federal landowners (safe harbor determines, based on the best scientific the essential physical and biological features; whether there is a reasonable agreements, other conservation data available, that the failure to agreements, easements, and State and designate such area as critical habitat expectation that the conservation management strategies and actions local regulations) enhance species will result in the extinction of the conservation by extending species contained in a management plan will be species. In making that determination, protections beyond those available implemented into the future; whether the legislative history is clear that the through section 7 consultations. In the the conservation strategies in the plan Secretary has broad discretion regarding past decade, we encouraged non-Federal are likely to be effective; and whether which factor(s) to use and how much landowners to enter into conservation the plan contains a monitoring program weight to give to any factor. agreements, based on a view that we can or adaptive management to ensure that Under section 4(b)(2) of the Act, we achieve greater species conservation on the conservation measures are effective may exclude an area from designated non-Federal land through such and can be adapted in the future in critical habitat based on economic partnerships than we can through response to new information. impacts, impacts on national security, regulatory methods (December 2, 1996, or any other relevant impacts. In After evaluating the benefits of 61 FR 63854). considering whether to exclude a inclusion and the benefits of exclusion, As discussed above, consultation particular area from the designation, we we carefully weigh the two sides to under section 7(a)(2), and the duty to must identify the benefits of including determine whether the benefits of avoid jeopardy to a listed species and the area in the designation, identify the exclusion outweigh those of inclusion. adverse modification of designated benefits of excluding the area from the If we determine that they do, we then critical habitat, is only triggered where designation, and determine whether the determine whether exclusion would Federal agency action involved. In the benefits of exclusion outweigh the result in extinction. If exclusion of an absence of Federal agency action, the benefits of inclusion. If based on this area from critical habitat will result in primary regulatory restriction applicable analysis, we make this determination, extinction, we will not exclude it from to non-Federal landowners is the then we can exclude the area only if the designation. prohibition against take of listed animal

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species under section 9 of the Act. In p. 2; Brook et al. 2003, pp. 1644–1648). and federally listed and would order to take listed animal species The magnitude of this negative outcome otherwise receive little protection from where no independent Federal action is is greatly amplified in situations where development. By excluding these lands, involved that would trigger section 7 active management measures (such as we preserve our current partnerships consultation, a private landowner must reintroduction, fire management, and and encourage additional conservation obtain an incidental take permit under control of invasive species) are actions in the future. section 10 of the Act. However, because necessary for species conservation (Bean We also note that permit issuance in take of listed plants is not prohibited 2002, pp. 3–4). We believe that the association with HCP applications under the Act, section 10 permits are judicious exclusion of specific areas of requires consultation under section not required for listed plant species. As non-federally owned lands from critical 7(a)(2) of the Act, which would include a consequence, the Department’s habitat designations can contribute to the review of the effects of all HCP- Cooperative Conservation approach is species recovery and provide a superior covered activities that might adversely particularly suited to the conservation level of conservation than critical impact the species under a jeopardy of listed plant species. By entering into habitat alone. standard, including possibly significant voluntary conservation agreements and The purpose of designating critical habitat modification (see definition of management plans with non-Federal habitat is to contribute to the ‘‘harm’’ at 50 CFR 17.3), even without landowners to protect listed plant conservation of threatened and the critical habitat designation. In species on non-Federal lands and by endangered species and the ecosystems addition, all other Federal actions that encouraging non-Federal landowners to upon which they depend. The outcome may affect the listed species would still voluntarily include measures to of the designation, triggering regulatory require consultation under section conserve listed plants in HCPs requirements for actions funded, 7(a)(2) of the Act, and we would review developed for animal species under authorized, or carried out by Federal these actions for possibly significant section 10 of the Act, we can extend agencies under section 7(a)(2) of the habitat modification in accordance with essential protection to listed plants Act, can sometimes be the definition of harm referenced above. beyond those available under the counterproductive to its intended The information provided in the regulatory provisions of the Act. purpose on non-Federal lands. Thus the previous section applies to the Many private landowners, however, benefits of excluding areas that are following discussions of proposed are wary of the possible consequences of covered by partnerships or voluntary exclusions under section (4)(b)(2). encouraging endangered species to their conservation efforts can often be high, Navarretia fossalis is covered under the property. Mounting evidence suggests particularly for listed plant species. City of Carlsbad Habitat Management that some regulatory actions by the Plan (HMP) under the MHCP, the Benefits of Excluding Lands With HCPs Federal Government, while well- County of San Diego Subarea Plan under intentioned and required by law, can The benefits of excluding lands with the MSCP, and the Western Riverside (under certain circumstances) have approved HCPs from critical habitat County MSHCP. We are considering the unintended negative consequences for designation, such as HCPs that cover exclusion of lands covered by these the conservation of species on private listed plant species, include relieving plans. We are also asking for public lands (Wilcove et al. 1996, pp. 5–6; landowners, communities, and counties comment on the possible exclusion of Bean 2002, pp. 2–3; Conner and of any additional regulatory burden that essential habitat within the City of Mathews 2002, pp. 1–2; James 2002, pp. might be imposed as a result of the Chula Vista Subarea plan. The Chula 270–271; Koch 2002, pp. 2–3; Brook et critical habitat designation. Many HCPs Vista Subarea Plan does not specifically al. 2003, pp. 1639–1643). Many take years to develop, and upon address the conservation of N. fossalis landowners fear a decline in their completion, are consistent with the (see Table 4 for a list of the subunits that property value due to real or perceived recovery objectives for listed species we are considering for exclusion). restrictions on land-use options where that are covered within the plan area. Portions of the proposed critical habitat threatened or endangered species are Many conservation plans also provide subunits may warrant exclusion from found. Consequently, harboring conservation benefits to unlisted the proposed designation of critical endangered species is viewed by many sensitive species. habitat under section 4(b)(2) of the Act landowners as a liability. This A related benefit of excluding lands based on the partnerships, management, perception results in anti-conservation covered by approved HCPs from critical and protection afforded under these incentives because maintaining habitats habitat designation is the unhindered, approved and legally operative Habitat that harbor endangered species continued ability it gives us to seek new Conservation Plans (HCPs). In this represents a risk to future economic partnerships with future plan revised proposed rule, we are seeking opportunities (Main et al. 1999, pp. participants, including States, counties, input from the stakeholders in these 1264–1265; Brook et al. 2003, pp. 1644– local jurisdictions, conservation HCPs and the public as to whether or 1648). organizations, and private landowners, not we should exclude these areas from According to some researchers, the which together can implement the final revised critical habitat designation of critical habitat on private conservation actions that we would be designation. Below is a brief description lands significantly reduces the unable to accomplish otherwise. Habitat of each plan and the lands proposed as likelihood that landowners will support Conservation Plans often cover a wide critical habitat that are covered by each and carry out conservation actions range of species, including listed plant plan. (Main et al. 1999, p. 1263; Bean 2002, species and species that are not State

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TABLE 4—AREAS BEING CONSIDERED FOR EXCLUSION FROM THE FINAL REVISED CRITICAL HABITAT UNDER SECTION 4(B)(2) OF THE ACT

Area Submit considered for exclusion

Carlsbad HMP under the San Diego MHCP

2. Poinsettia Lane Commuter Station ...... 3 ac (1 ha).

Subtotal Carlsbad HMP under the San Diego MHCP ...... 3 ac (1 ha).

County of San Diego subarea plan under the San Diego MSCP

3A. Sante Fe Valley: Crosby Estates ...... 5 ac (2 ha). 5B. Otay River Valley ...... 13 ac (5 ha). 5F. Proctor Valley ...... 37 ac (15 ha). 5I. Eastern Otay Mesa vernal pool complexes ...... 30 ac (13 ha).

Subtotal County of San Diego subarea plan under the San Diego MSCP ...... 86 ac (35 ha).

Western Riverside County MSHCP

6A. San Jacinto River ...... 3,550 ac (1,437 ha). 6B. Salt Creek Seasonally Flooded Alkali Plain ...... 1,054 ac (427 ha). 6C. Wickerd Road Pool and Scott Road Pool ...... 205 ac (83 ha). 6D. Skunk Hollow ...... 158 ac (64 ha). 6E. Mesa de Burro ...... 708 ac (287 ha).

Subtotal for Western Riverside County MSHCP ...... 5,675 ac (2,297 ha).

Total ...... 5,725 ac (2,317 ha).* *Values in this table may not sum due to rounding.

San Diego Multiple Habitat Navarretia fossalis is a conditionally than 5 percent gross cumulative loss of Conservation Program (MHCP)— covered species under the Carlsbad narrow endemic species or occupied Carlsbad HMP HMP. ‘‘Conditional’’ coverage means area within the FPAs and no more than that the City of Carlsbad will receive 20 percent cumulative loss of narrow The San Diego MHCP is a assurances for this species after a series endemic locations, population numbers, comprehensive, multi-jurisdictional, or occupied acreage outside of FPAs planning program designed to create, of conditions is met for this species. There is currently one area within the (AMEC Earth and Environmental, Inc. manage, and monitor an ecosystem 2003). preserve in northwestern San Diego City of Carlsbad that helps to support an occurrence of N. fossalis. This The Carlsbad HMP currently provides County. The San Diego MHCP is also a conservation for the Navarretia fossalis regional subarea plan under the State of occurrence is on land that is conserved and some management is currently habitat at the Poinsettia Lane Commuter California’s Natural Communities Station within Unit 2, which is within Conservation Plan (NCCP) program and occurring under the Carlsbad HMP. Any new occurrences of N. fossalis that are the boundaries of the Carlsbad HMP. was developed in cooperation with Unit 2 consists of 9 ac (4 ha); 3 ac (1 discovered will be conserved under the California Department of Fish and Game ha) is private land within the Carlsbad Narrow Endemics Policy that provides (CDFG). The MHCP preserve system is HMP and 6 ac (2 ha) is on land owned special protection to rare species such intended to protect viable occurrences by the North County Transit District that of native plant and animal species and as N. fossalis. Under the Narrow is not part of the Carlsbad HMP. The their habitats in perpetuity, while Endemics Policy of the MHCP, any new conservation for the 3 ac (1 ha) of accommodating continued economic occurrences found within Focused habitat within the Carlsbad HMP is development and quality of life for Planning Areas (FPA) (i.e., core areas outlined in the biological opinion for residents of northern San Diego County. and linkages important for conservation the Carlsbad HMP (Service 2004c, pp. The MHCP includes an approximately of sensitive species) will be conserved at 312–16). The land is conserved with 112,000-ac (45,324-ha) study area levels of 95 to 100 percent. New conservation easements, and funds have within the cities of Carlsbad, Encinitas, occurrences found outside of FPAs will been designated for the management of Escondido, San Marcos, Oceanside, be conserved at a minimum level of 80 this area to benefit vernal pool species, Vista, and Solana Beach. At this time, percent based on the Narrow Endemics including N. fossalis (Service 2004c, p. only the City of Carlsbad has completed Policy. The Narrow Endemics Policy 314). its Subarea Plan, which is called the requires the conservation of new Since the issuance of the permit for Carlsbad Habitat Management Plan occurrences of narrow endemic species the Carlsbad HMP the 3 ac (1 ha) of land (Carlsbad HMP). We are only (80 percent outside of FPAs), mitigation that we are considering for exclusion considering lands covered by the for unavoidable impacts, and has been restored with native Carlsbad HMP for exclusion. The implementation of management vegetation. This 3-acre (1 ah) area is section 10(a)(1)(B) permit for the City of practices designed to achieve no net loss conserved and management actions Carlsbad HMP was issued on November of these narrow endemic species. have taken place. Carlsbad HMP also 9, 2004 (Service 2004c). Additionally, cities cannot permit more provides the framework to develop a

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comprehensive management plan that When the preserve is completed, the 7); (2) unavoidable impacts to vernal outlines measures necessary for the public sector (i.e., Federal, State, and pools associated with reasonable use or long-term conservation of Navarretia local government, and general public) essential public facilities be minimized fossalis and has funding to implement a will have contributed 108,750 ac and mitigated to achieve no net loss of management plan. We anticipate (44,010 ha) (63.3 percent) to the function and value; and (3) a sufficient working with the City of Carlsbad to preserve, of which 81,750 ac (33,083 ha) amount of watershed be avoided as draft a management plan that will (48 percent) was existing public land necessary for the continuing viability of provide for the long-term conservation when the MSCP was established and vernal pools (Service 1997, pp. 43–44; of this area. 27,000 ac (10,927 ha) (16 percent) will Service 1998b, p. 67). have been acquired. At completion, the At this time, a portion of lands that San Diego Multiple Species private sector will have contributed meet the definition of critical habitat for Conservation Program (MSCP)—County 63,170 ac (25,564 ha) (37 percent) to the Navarretia fossalis inside the County’s of San Diego’s Subarea Plan preserve as part of the development subarea plan under the MSCP have The MSCP is a subregional HCP made process, either through avoidance of already been conserved. Although some up of several subarea plans that has impacts or as compensatory mitigation areas placed in conservation are not yet been in place for more than a decade. for impacts to biological resources fully managed, such management will The subregional plan area encompasses outside the preserve. Currently and in occur over time as the subarea plan is approximately 582,243 ac (235,626 ha) the future, Federal and State implemented. There are also lands (County of San Diego 1997, p. 1–1; governments, local jurisdictions and inside the PAMA, that, although they MSCP 1998, pp. 2–1, and 4–2 to 4–4) special districts, and managers of have not yet been formally committed to and provides for conservation of 85 privately owned lands will manage and the preserve, are reasonably assured of federally listed and sensitive species monitor their lands in the preserve for conservation for N. fossalis in (‘‘covered species’’) through the species and habitat protection (MSCP accordance with the subarea plan. There establishment and management of 1998, pp. 2–1 and 4–2 to 4–4). are also lands in Subunits 5B and 5I that approximately 171,920 ac (69,574 ha) of Private lands within the PAMA are are not currently covered by the County preserve lands within the Multi-Habitat subject to special restrictions on of San Diego’s Subarea Plan because Planning Area (MHPA) (City of San development, and lands that are they are in major and minor amendment Diego) and Pre-Approved Mitigation dedicated to the preserve must be areas. There is an established process Areas (PAMA) (County of San Diego). legally protected and permanently through which these areas can be The MSCP was developed in support of managed to conserve the covered covered by the plan, but presently these applications for incidental take permits species. Public lands owned by the areas have not gone through this for several federally listed species by 12 County, State of California, and the process. participating jurisdictions and many Federal Government that are identified Additionally, projects that are on other stakeholders in southwestern San for conservation under the MSCP must lands that meet the definition of critical Diego County. Under the umbrella of the also be protected and permanently habitat, but are outside the PAMA MSCP, each of the 12 participating managed to protect the covered species. (preserve areas) must meet the narrow jurisdictions is required to prepare a Numerous processes are incorporated endemic requirements under the MSCP. subarea plan that implements the goals into the MSCP that allow our oversight Consistent with the narrow endemics of the MSCP within that particular of the MSCP implementation. For requirements of the MSCP, the lands jurisdiction. Navarretia fossalis was example, the MSCP imposes annual outside the PAMA boundaries will be evaluated in the County of San Diego reporting requirements and provides for surveyed for Navarretia fossalis prior to and the City of San Diego Subarea Plans. our review and approval of proposed any development occurring on these As discussed under the ‘‘Benefits of subarea plan amendments and preserve lands. Under the County of San Diego’s Excluding Lands with HCPs’’ section of boundary adjustments and for Service subarea plan, narrow endemic plants, this rule, we are only considering review and comment on projects during including N. fossalis, are conserved exclusion of lands within the County of the California Environmental Quality under the Biological Mitigation San Diego Subarea Plan. Specifically, Act review process. We also chair the Ordinance using a process that: (1) we are considering the exclusion of 134 MSCP Habitat Management Technical Requires avoidance to the maximum ac (54 ha) in Subunits 3A, 5B, 5F, and Committee and the Monitoring extent feasible; (2) allows for a 5I; we are only considering a portion of Subcommittee (MSCP 1998, pp. 5–11 to maximum 20 percent encroachment into the lands in Subunits 5B, 5F, and 5I (see 5–23). Each MSCP subarea plan must a population if total avoidance is not Table 4 for the amount of land being account annually for the progress it is feasible; and (3) requires mitigation at considered for exclusion in each making in assembling conservation the 1:1 to 3:1 (in kind) for impacts if subunit). areas. We must receive annual reports avoidance and minimization of impacts Upon completion of preserve that include, both cumulatively and by would result in no reasonable use of the assembly, approximately 171,920 ac project, the habitat acreage destroyed property (County of San Diego (BMO) (69,574 ha) of the 582,243-ac (235,626- and conserved within the subareas. This 1997, p. 11; Service 1998b, p. 12). These ha) MSCP plan area will be preserved accounting process ensures that habitat measures help protect N. fossalis and its (MSCP 1998, pp. 2–1 and 4–2 to 4–4). conservation proceeds in rough essential habitat whether the lands are San Diego County’s subarea plan proportion to habitat loss and in located in the PAMA or not. The narrow identifies areas where mitigation compliance with the MSCP subarea endemic policy for the County of San activities should be focused to assemble plans and the plans’ associated Diego subarea plan requires in situ its preserve areas (i.e., PAMA). Those implementing agreements. conservation of N. fossalis or mitigation areas of the MSCP preserve that are To protect vernal pool habitat, the to ameliorate any habitat loss. already conserved, as well as those areas County of San Diego subarea plan Therefore, although some losses may that are designated for inclusion in the requires that: (1) Development be occur to this species within the lands preserve under the plan, are referred to configured in a manner that minimizes that are not within the PAMA, the as the ‘‘preserve area’’ in this proposed impacts to sensitive biological resources preservation, conservation, and revised critical habitat designation. (Service 1997, p. 10; Service 1998b, p. management of N. fossalis provided by

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the County of San Diego subarea plan Transportation Commission, Riverside configuration of the eventual under the MSCP promotes the long-term County Parks and Open Space District, approximately 153,000 ac (61,916 ha) of conservation of this species and its and Riverside County Waste Additional Reserve Lands in essential habitat within the lands Department; California Department of conjunction with the existing PQP covered by the subarea plan. Parks and Recreation; and the California lands, including approximately 6,900 ac In summary, we are considering the Department of Transportation. The (2,792 ha) of ‘‘suitable’’ N. fossalis exclusion of 86 ac (35 ha) that meet the Western Riverside County MSHCP was habitat, that will be conserved to meet definition of critical habitat for designed to establish a multi-species the goals and objectives of the plan Navarretia fossalis within the County of conservation program that minimizes (Service 2004b, p. 73). San Diego’s subarea plans under section and mitigates the expected loss of Preservation and management of 4(b)(2) of the Act. There are an habitat and the incidental take of approximately 6,900 ac (2,792 ha) of additional 23 ac (9 ha) of Federal land covered species. On June 22, 2004, the Navarretia fossalis habitat under the at the San Diego National Wildlife Service issued a single incidental take Western Riverside County MSHCP will Refuge included in Subunit 5A that are permit (Service 2004b) under section contribute to conservation and ultimate within the County of San Diego’s 10(a)(1)(B) of the Act to 22 permittees recovery of this species. Navarretia subarea plan that meet the definition of under the Western Riverside County fossalis is threatened primarily by critical habitat, but because these lands MSHCP for a period of 75 years. agricultural activities, development, and are federally owned we are not The Western Riverside County fuel modification actions within the considering them for exclusion. The MSHCP will establish approximately plan area (Service 2004b, pp. 369–378). 1998 final listing rule for N. fossalis 153,000 ac (61,917 ha) of new The Western Riverside County MSHCP identified the following primary threats conservation lands (Additional Reserve will remove and reduce threats to this for this species: Habitat destruction and Lands) to complement the approximate species and its PCEs as the plan is fragmentation from urban and 347,000 ac (140,426 ha) of pre-existing implemented by placing large blocks of agricultural development, pipeline natural and open space areas (Public/ occupied and unoccupied habitat into construction, road construction, Quasi-Public (PQP) lands). These PQP preservation throughout the alteration of hydrology and flood plain lands include those under Federal Conservation Area. Areas identified for dynamics, excessive flooding, ownership, primarily managed by the preservation and conservation include channelization, off-road vehicle activity, USFS and BLM, and also permittee- 13 of the known locations of the species trampling by cattle and sheep, weed owned or controlled open-space areas, at Skunk Hollow, the Santa Rosa abatement, fire suppression practices primarily managed by the State and Plateau, the San Jacinto Wildlife Area, (including discing and plowing), and Riverside County. Collectively, the floodplains of the San Jacinto River competition from nonnative plants Additional Reserve Lands and PQP from the Ramona Expressway to (October 13, 1998, 63 FR 54938). The lands form the overall Western Railroad Canyon, and upper Salt Creek implementation of the County of San Riverside County MSHCP Conservation west of Hemet. Areas targeted for Diego MSCP subarea plan helps to Area. The configuration of the 153,000 conservation include the floodplains of address these threats through a regional ac (61,916 ha) of Additional Reserve the San Jacinto River, the area along Salt planning effort rather than through a Lands is not mapped or precisely Creek from Warren Road to Newport project-by-project approach, and identified (‘‘hard-lined’’) in the Western Road, and the vernal pools in Upper outlines species-specific objectives and Riverside County MSHCP. Rather, it is criteria for the conservation of N. based on textual descriptions of habitat Salt Creek west of Hemet. fossalis. We will analyze the benefits of conservation necessary to meet the The Western Riverside County inclusion and exclusion of this area conservation goals for all covered MSHCP Conservation Area will from critical habitat under section species within the bounds of the maintain floodplain processes along the 4(b)(2) of the Act. We request comments approximately 310,000-ac (125,453-ha) San Jacinto River and along Salt Creek on lands in major and minor Criteria Area and is interpreted as to provide for the distribution of the amendment areas (Subunits 5B and 5I) implementation of the Western species to shift over time as hydrologic under the County of San Diego’s subarea Riverside County MSHCP takes place. conditions and seed bank sources plan under the MSCP and we encourage Specific conservation objectives in the change. Additionally, the Western any public comment in relation to our Western Riverside County MSHCP for Riverside County MSHCP requires consideration of the areas discussed Navarretia fossalis include providing surveys for Navarretia fossalis as part of above for inclusion or exclusion. 6,900 ac (2,792 ha) of occupied or the project review process for public suitable habitat for the species in the and private projects where suitable Western Riverside County Multiple MSHCP Conservation Area. This acreage habitat is present within a defined Species Habitat Conservation Plan goal can be attained through acquisition narrow endemic species survey area (see (Western Riverside County MSHCP) or other dedications of land assembled Narrow Endemic Species Survey Area The Western Riverside County from within the Criteria Area (i.e., the Map, Figure 6–1 of the Western MSHCP is a large-scale, multi- Additional Reserve Lands) or Narrow Riverside County MSHCP, Volume I, in jurisdictional HCP encompassing about Endemic Plan Species Survey Area and Dudek and Associates, Inc. 2003). For 1.26 million ac (510,000 ha) in western through coordinated management of locations with positive survey results, Riverside County (Unit 6). The Western existing PQP lands. We internally 90 percent of those portions of the Riverside County MSHCP addresses 146 mapped a ‘‘Conceptual Reserve Design,’’ property that provide long-term listed and unlisted ‘‘covered species,’’ which illustrates existing PQP lands and conservation value for the species will including Navarretia fossalis. predicts the geographic distribution of be avoided until it is demonstrated that Participants in the Western Riverside the Additional Reserve Lands based on the conservation objectives for the County MSHCP include 14 cities; the our interpretation of the textual species are met (see Protection of County of Riverside, including the descriptions of habitat conservation Narrow Endemic Plant Species; Western Riverside County Flood Control and necessary to meet conservation goals. Riverside County MSHCP, Volume 1, Water Conservation Agency (County Our Conceptual Reserve Design was section 6.1.3, in Dudek and Associates, Flood Control), Riverside County intended to predict one possible future Inc. 2003).

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The survey requirements, the 2003) provide additional conservation Projects in the areas proposed as critical avoidance and minimization measures, requirements. habitat conducted or approved by and the management for Navarretia The Western Riverside County Western Riverside County MSHCP fossalis (and its PCEs) provided for in MSHCP incorporates several processes permittees are subject to the the Western Riverside County MSHCP that allow for Service oversight and conservation requirements of the are expected to benefit this species on participation in program MSHCP. For projects that may impact N. public and private lands covered by the implementation. These processes fossalis, various policies (including the plan. We are considering the exclusion include: (1) Consultation with the Narrow Endemic Plant Species Policy, of approximately 5,675 ac (2,297 ha) of Service on a long-term management and and the Protection of Species Associated private lands and permittee-owned or monitoring plan; (2) submission of with Riparian/Riverine Areas and controlled PQP lands in Unit 6 annual monitoring reports; (3) annual Vernal Pools Policy (in Dudek 2003) (Subunits 6A–6E), within the Western status meetings with the Service; and (4) may provide additional conservation. submission of annual implementation We are proposing five subunits within Riverside County MSHCP Plan Area, reports to the Service (Service 2004b, Unit 6, all of which are within the from the final revised critical habitat pp. 9–10). Below we provide a brief boundaries of the Western Riverside designation under section 4(b)(2) of the analysis of the lands in Unit 6 that we County MSHCP. Each subunit has land Act. Projects in the areas proposed as are considering for exclusion and how in different mapping categories (some of critical habitat conducted or approved each area is covered by the Western which overlap) as they relate to different by Western Riverside County MSHCP Riverside County MSHCP or other polices and review processes under the permittees are subject to the conservation measures. Western Riverside County MSHCP. The conservation requirements of the The Western Riverside County breakdown for each subunit, in terms of MSHCP. For projects that may impact N. MSHCP has several measures in place to how much land is considered ‘‘Public/ fossalis, various policies (i.e., Narrow ensure the plan is implemented in a Quasi Public,’’ within the ‘‘Criteria Endemic Plant Species Policy, and the way that conserves Navarretia fossalis Area,’’ or in one of the ‘‘Narrow Riparian/Riverine and Vernal Pool in accordance with the species-specific Endemic Plant Species Survey Areas,’’ Policy in Dudek and Associates, Inc. criteria and objectives for this species. is presented in Table 5.

TABLE 5—AREAS PROPOSED FOR CRITICAL HABITAT WITHIN THE WESTERN RIVERSIDE COUNTY MSHCP

Lands within the narrow Location Public/quasi public lands Lands within the criteria endemic plant species Total area proposed as area survey area critical habitat

6A. San Jacinto River ...... 1,504 ac (608 ha) ...... 2,264 ac (619 ha) ...... 3,524 ac (1,426 ha) ...... 3,550 ac (1,437 ha). 6B. Salt Creek Seasonally Flooded 1 ac (<1 ha) ...... 1,030 ac (417 ha) ...... 1,054 ac (427 ha) ...... 1,054 ac (427 ha). Alkali Plain. 6C. Wickerd Pool and Scott Road 0 ac (0 ha) ...... 0 ac (0 ha) ...... 205 ac (83 ha) ...... 205 ac (83 ha). Pool. 6D. Skunk Hollow ...... 21 ac (8 ha) ...... 0 ac (0 ha) ...... 145 ac (59 ha) ...... 158 ac (64 ha). 6E. Mesa de Burro ...... 708 ac (287 ha) ...... 0 ac (0 ha) ...... 708 ac (287 ha) ...... 708 ac (287 ha).

Two of the subunits, Subunit 6D County Parks 2009, p. 2). The vernal Wildlife Area, a wildlife area owned (Skunk Hollow) and Subunit 6E (Mesa pools within this Subunit 6E are and operated by the California de Burro), primarily consist of lands managed and monitored to preserve the Department of Fish and Game (CDFG). already in permanent conservation. The unique vernal pool plants and animals This area consists of restored wetlands majority of Subunit 6D was conserved that occur on the Santa Rosa Plateau, that provide habitat for waterfowl and as a result of the Rancho Bella Vista including Mesa de Burro. wading birds, as well as seasonally HCP (Rancho Bella Vista 1999, p. 2; The other three units (Subunit 6A, 6B, flooded vernal plain habitat along the CNLM 2009a, p. 1) and the remainder of and 6C) are not conserved at this time; San Jacinto River north of the Ramona the land in Subunit 6D was conserved however, we anticipate that these areas Expressway that supports Navarretia as a result of the ADA 161 HCP (CNLM will be conserved over time as the fossalis. The Service regularly works 2009b, p. 1). In total, 100 percent of the Western Riverside County MSHCP is with the CDFG to ensure that the lands in Subunit 6D are conserved and implemented. Subunit 6A is 99 percent seasonally flooded alkali vernal plain managed specifically for the purpose of within the Narrow Endemic Plant habitat at the San Jacinto Wildlife Area preserving the vernal pool habitat. Species Survey Area (NEPSSA), and continues to function and provide a Subunit 6E is within the Santa Rosa Subunits 6B and 6C are entirely within benefit for N. fossalis and other Plateau Ecological Reserve. This Reserve the NEPSSA. Because these areas are sensitive species that use this habitat. In has four landowners: the California within the NEPSSA, biological surveys addition to the portion of Subunit 6A Department of Fish and Game, County for Navarretia fossalis will occur prior owned by CDFG, 98 percent of the to the development of any areas within of Riverside, Metropolitan Water remaining land (2,006 ac (812 ha)) is these subunits. Furthermore, Subunits District of Southern California, and The within the Criteria Area. Projects in this 6A and 6B have additional protections Nature Conservancy. The landowners area will be implemented through the and the Service (which owns no land on in place either from past conservation efforts or because they are within the Joint Project Review Process to ensure the Plateau) signed a cooperative that the requirements of the MSHCP management agreement on April 16, Criteria Area. permit and the Implementing 1991 (Dangermond and Associates, Inc. A large portion of Subunit 6A (1,504 Agreement are properly met (Western 1991), and meet regularly to work on the ac (608 ha), or approximately 42 Riverside County MSHCP, Volume 1, management of the Reserve (Riverside percent) is within the San Jacinto

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section 6.6.2 in Dudek and Associates, that the costs associated with critical Accordingly, our final decision may Inc. 2003, p. 6–82). habitat for N. fossalis, across the entire differ from this proposal. Additionally, the majority of Subunit area considered for designation (across Public Hearings 6B is within the Criteria Area (98 designated and excluded areas), were percent; 1,030 ac (417 ha) out of a total primarily a result of the potential effect Section 4(b)(5) of the Act provides for 1,054 ac (427 ha)) and projects in this of critical habitat on land development, one or more public hearings on this area will be implemented through the flood control, and transportation. After proposal, if we receive any requests for Joint Project Review Process. This excluding land in Riverside County and hearings. We must receive your request subunit is in the area referred to as West San Diego County from the proposed for a public hearing within 45 days after Hemet, under the jurisdiction of the City critical habitat, the economic impact the date of this Federal Register of Hemet. The City of Hemet is currently was estimated to be between $13.9 and publication. Send your request to Jim in the process of updating their General $32.1 million over the next 20 years. Bartel, Field Supervisor of the Carlsbad Plan, including addressing the sensitive Based on the 2005 economic analysis, Fish and Wildlife Office (see FOR vernal pool resources. Subunit 6C is not we concluded that the designation of FURTHER INFORMATION CONTACT section). within the Criteria Area for the Western critical habitat for N. fossalis, as We will schedule public hearings on Riverside County MSHCP; however, proposed in 2004, would not result in this proposal, if any are requested, and impacts to the pools in this subunit significant small business impacts. This announce the dates, times, and places of should be avoided, minimized, or offset analysis is presented in the notice of those hearings, as well as how to obtain through implementation of the availability for the economic analysis reasonable accommodations, in the Protection of Species Associated with published in the Federal Register on Federal Register and local newspapers Riparian/Riverine Areas and Vernal August 31, 2005 (70 FR 51742). at least 15 days before the first hearing. Pools Policy and NEPSSA Policy. We are preparing a new analysis of In summary, we are considering the economic impacts of this proposed Required Determinations exclusion of 5,675 ac (2,297 ha) of revision to critical habitat for Navarretia Regulatory Planning and Review— Navarretia fossalis habitat on permittee- fossalis. Because no new geographic Executive Order 12866 owned or controlled lands in Unit 6 that areas will need to be analyzed, we will meets the definition of critical habitat use the basic framework of the previous The Office of Management and Budget for N. fossalis within the Western analysis, primarily updating economic (OMB) has determined that this rule is Riverside County MSHCP under section figures. We will announce the not significant and has not reviewed 4(b)(2) of the Act. The 1998 final listing availability of the draft economic this proposed rule under Executive rule for N. fossalis identified the analysis as soon as it is completed, at Order 12866 (E.O. 12866). OMB bases following primary threats to N. fossalis: which time we will seek public review its determination upon the following Habitat destruction and fragmentation and comment. At that time, copies of four criteria: from urban and agricultural the draft economic analysis will be (1) Whether the rule will have an development, pipeline construction, available for downloading from the annual effect of $100 million or more on road construction, alteration of Internet at http://www.regulations.gov at the economy or adversely affect an hydrology and flood plain dynamics, Docket No. FWS–R8–ES–2009–0038, or economic sector, productivity, jobs, the excessive flooding, channelization, off- by contacting the Carlsbad Fish and environment, or other units of the road vehicle activity, trampling by cattle Wildlife Office directly (see FOR government. and sheep, weed abatement, fire FURTHER INFORMATION CONTACT section). (2) Whether the rule will create suppression practices (including discing During the development of a final inconsistencies with other Federal and plowing), and competition from designation, we will consider economic agencies’ actions. nonnative plant species (October 13, impacts, public comments, and other (3) Whether the rule will materially 1998, 63 FR 54938). The new information, and areas may be affect entitlements, grants, user fees, implementation of the Western excluded from the final critical habitat loan programs, or the rights and Riverside County MSHCP helps to designation under section 4(b)(2) of the obligations of their recipients. address these threats through a regional Act and our implementing regulations at (4) Whether the rule raises novel legal planning effort, and outlines species- 50 CFR 424.19. or policy issues. specific objectives and criteria for the Peer Review Regulatory Flexibility Act (5 U.S.C. 601 conservation of N. fossalis. We will et seq.) analyze the benefits of inclusion and In accordance with our joint policy exclusion of this area from critical published in the Federal Register on Under the Regulatory Flexibility Act habitat under section 4(b)(2) of the Act. July 1, 1994 (59 FR 34270), we are (RFA; 5 U.S.C. 601 et seq., as amended We encourage any public comment in soliciting the expert opinions of at least by the Small Business Regulatory relation to our consideration of the areas three appropriate independent Enforcement Fairness Act (SBREFA) of in Unit 6 for inclusion or exclusion (see specialists regarding this proposed rule. 1996), whenever an agency must Public Comments section above). The purpose of peer review is to ensure publish a notice of rulemaking for any that our critical habitat designation is proposed or final rule, it must prepare Economics based on scientifically sound data, and make available for public comment An analysis of the economic impacts assumptions, and analyses. We have a regulatory flexibility analysis that for the previous proposed critical invited these peer reviewers to comment describes the effect of the rule on small habitat designation was conducted and during this public comment period on entities (i.e., small businesses, small made available to the public on August our specific assumptions and organizations, and small government 31, 2005 (70 FR 51742). That economic conclusions in this proposed revised jurisdictions). However, no regulatory analysis was finalized for the final rule designation of critical habitat. We will flexibility analysis is required if the to designate critical habitat for consider all comments and information head of an agency certifies the rule will Navarretia fossalis published in the we receive during this comment period not have a significant economic impact Federal Register on October 18, 2005 on this proposed rule during our on a substantial number of small (70 FR 60658). The analysis determined preparation of a final determination. entities. SBREFA amended the RFA to

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require Federal agencies to provide a sufficiently informed determination the designation of critical habitat, the statement of factual basis for certifying based on adequate economic legally binding duty to avoid that the rule will not have a significant information and provide the necessary destruction or adverse modification of economic impact on a substantial opportunity for public comment. critical habitat rests squarely on the number of small entities. Federal agency. Furthermore, to the Unfunded Mandates Reform Act (2 An analysis of the economic impacts extent that non-Federal entities are U.S.C. 1501 et seq.) for our previous proposed critical indirectly impacted because they habitat designation was conducted and In accordance with the Unfunded receive Federal assistance or participate made available to the public on August Mandates Reform Act, we make the in a voluntary Federal aid program, the 31, 2005 (70 FR 51742). This economic following findings: Unfunded Mandates Reform Act would analysis was finalized for the final rule (1) This rule will not produce a not apply, nor would critical habitat to designate critical habitat for Federal mandate. In general, a Federal shift the costs of the large entitlement Navarretia fossalis as published in the mandate is a provision in legislation, programs listed above onto State Federal Register on October 18, 2005 statute, or regulation that would impose governments. (70 FR 60658). The costs associated with an enforceable duty upon State, local, or (2) Based in part on an analysis critical habitat for N. fossalis, across the Tribal governments, or the private conducted for the previous designation entire area considered for designation sector, and includes both ‘‘Federal of critical habitat and extrapolated to (across designated and excluded areas), intergovernmental mandates’’ and this designation, we do not expect this were primarily a result of the potential ‘‘Federal private sector mandates.’’ rule to significantly or uniquely affect effect of critical habitat on land These terms are defined in 2 U.S.C. small governments. Small governments development, flood control, and 658(5)–(7). ‘‘Federal intergovernmental will be affected only to the extent that transportation. After excluding land in mandate’’ includes a regulation that any programs having Federal funds, Riverside County and San Diego County ‘‘would impose an enforceable duty permits, or other authorized activities from the proposed critical habitat, the upon State, local, or [T]ribal must ensure that their actions will not economic impact was estimated to be governments,’’ with two exceptions. It adversely affect the critical habitat. between $13.9 and $32.1 million over excludes ‘‘a condition of Federal Therefore, a Small Government Agency the next 20 years. Based on the 2005 assistance.’’ It also excludes ‘‘a duty Plan is not required. However, as we economic analysis, we concluded that arising from participation in a voluntary conduct our economic analysis for the the designation of critical habitat for N. Federal program,’’ unless the regulation revised rule, we will further evaluate fossalis, as proposed in 2004, would not ‘‘relates to a then-existing Federal this issue and revise this assessment if result in significant small business program under which $500,000,000 or appropriate. impacts. This analysis is presented in more is provided annually to State, Takings—Executive Order 12630 the notice of availability for the local, and [T]ribal governments under economic analysis as published in the entitlement authority,’’ if the provision In accordance with E.O. 12630 Federal Register on August 31, 2005 (70 would ‘‘increase the stringency of (Government Actions and Interference FR 51742). conditions of assistance’’ or ‘‘place caps with Constitutionally Protected Private While we do not believe our revised upon, or otherwise decrease, the Federal Property Rights), we have analyzed the designation, as proposed, will result in Government’s responsibility to provide potential takings implications of a significant impact on a substantial funding,’’ and the State, local, or Tribal designating critical habitat for number of small business entities based governments ‘‘lack authority’’ to adjust Navarretia fossalis in a takings on the previous designation, we are accordingly. At the time of enactment, implications assessment. The takings initiating new analyses to more these entitlement programs were: implications assessment concludes that thoroughly evaluate potential economic Medicaid; AFDC work programs; Child this designation of critical habitat for N. impacts of this revision to critical Nutrition; Food Stamps; Social Services fossalis does not pose significant takings habitat. Therefore, we defer the RFA Block Grants; Vocational Rehabilitation implications for lands within or affected finding until completion of the draft State Grants; Foster Care, Adoption by the designation. economic analysis prepared under Assistance, and Independent Living; Federalism—Executive Order 13132 section 4(b)(2) of the Act and E.O. Family Support Welfare Services; and 12866. The draft economic analysis will Child Support Enforcement. ‘‘Federal In accordance with E.O. 13132 provide the required factual basis for the private sector mandate’’ includes a (Federalism), this proposed rule does RFA finding. Upon completion of the regulation that ‘‘would impose an not have significant Federalism effects. draft economic analysis, we will enforceable duty upon the private A Federalism assessment is not announce its availability in the Federal sector, except (i) a condition of Federal required. In keeping with Department of Register and reopen the public assistance or (ii) a duty arising from the Interior and Department of comment period for the proposed participation in a voluntary Federal Commerce policy, we requested designation. We will include with this program.’’ information from, and coordinated announcement, as appropriate, an initial The designation of critical habitat development of this proposed critical regulatory flexibility analysis or a does not impose a legally binding duty habitat designation with, appropriate certification that the rule will not have on non-Federal Government entities or State resource agencies in California. a significant economic impact on a private parties. Under the Act, the only The designation may have some benefit substantial number of small entities regulatory effect is that Federal agencies to these governments because the areas accompanied by the factual basis for must ensure that their actions do not that contain the features essential to the that determination. We concluded that destroy or adversely modify critical conservation of the species are more deferring the RFA finding until habitat under section 7. While non- clearly defined, and the primary completion of the draft economic Federal entities that receive Federal constituent elements of the habitat analysis is necessary to meet the funding, assistance, permits, or necessary to the conservation of the purposes and requirements of the RFA. otherwise require approval or species are specifically identified. This Deferring the RFA finding in this authorization from a Federal agency for information does not alter where and manner will ensure that we make a an action may be indirectly impacted by what federally sponsored activities may

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occur. However, it may assist these local F.3d 1495 (9th Cir. 1995), cert. denied, Energy Supply, Distribution, or Use— governments in long-range planning 516 U.S. 1042 (1996)). Executive Order 13211 (because these local governments no Clarity of the Rule longer have to wait for case-by-case On May 18, 2001, the President issued section 7 consultations to occur). We are required by Executive Orders an Executive Order (E.O. 13211; Actions Where State and local governments 12866 and 12988 and by the Significantly Affect Energy Supply, require approval or authorization from a Presidential Memorandum of June 1, Distribution, or Use) on regulations that Federal agency for actions that may 1998, to write all rules in plain significantly affect energy supply, affect critical habitat, consultation language. This means that each rule we distribution, and use. E.O. 13211 under section 7(a)(2) would be required. publish must: requires agencies to prepare Statements While non-Federal entities that receive (1) Be logically organized; of Energy Effects when undertaking Federal funding, assistance, or permits, (2) Use the active voice to address certain actions. Based on an analysis or that otherwise require approval or readers directly; conducted for the previous designation authorization from a Federal agency for (3) Use clear language rather than of critical habitat and extrapolated to an action, may be indirectly impacted jargon; this designation, along with a further by the designation of critical habitat, the (4) Be divided into short sections and analysis of the additional areas included legally binding duty to avoid sentences; and in this revision, we determined that this proposed rule to designate critical destruction or adverse modification of (5) Use lists and tables wherever habitat for Navarretia fossalis is not critical habitat rests squarely on the possible. expected to significantly affect energy Federal agency. If you feel that we have not met these supplies, distribution, or use. Therefore, requirements, send us comments by one Civil Justice Reform—Executive Order this action is not a significant energy of the methods listed in the ADDRESSES 12988 action, and no Statement of Energy section. To better help us revise the In accordance with Executive Order Effects is required. However, we will rule, your comments should be as 12988 (Civil Justice Reform), it has been further evaluate this issue as we specific as possible. For example, you determined that the rule does not conduct our economic analysis, and we should tell us the numbers of the unduly burden the judicial system and will review and revise this assessment sections or paragraphs that are unclearly that it meets the requirements of as warranted. sections 3(a) and 3(b)(2) of the Order. written, which sections or sentences are We have proposed to revise critical too long, the sections where you feel References Cited lists or tables would be useful, etc. habitat in accordance with the A complete list of all references cited provisions of the Act. This proposed Government-to-Government in this rulemaking is available on rule uses standard property descriptions Relationship With Tribes http://www.regulations.gov and upon and identifies the primary constituent request from the Field Supervisor, elements within the designated areas to In accordance with the President’s memorandum of April 29, 1994, Carlsbad Fish and Wildlife Office (see assist the public in understanding the FOR FURTHER INFORMATION CONTACT habitat needs of Navarretia fossalis. Government-to-Government Relations with Native American Tribal section). Paperwork Reduction Act of 1995 (44 Governments (59 FR 22951), E.O. 13175, Author(s) U.S.C. 3501 et seq.) and the Department of the Interior’s This rule does not contain any new manual at 512 DM 2, we have a The primary author of this notice is collections of information that require responsibility to communicate the staff from the Carlsbad Fish and approval by OMB under the Paperwork meaningfully with recognized Federal Wildlife Office (see FOR FURTHER Reduction Act of 1995 (44 U.S.C. 3501 Tribes on a government-to-government INFORMATION CONTACT section). basis. In accordance with Secretarial et seq.). This rule will not impose List of Subjects in 50 CFR Part 17 recordkeeping or reporting requirements Order 3206 of June 5, 1997 (American on State or local governments, Indian Tribal Rights, Federal-Tribal Endangered and threatened species, individuals, businesses, or Trust Responsibilities, and the Exports, Imports, Reporting and organizations. An agency may not Endangered Species Act), we readily recordkeeping requirements, conduct or sponsor, and a person is not acknowledge our responsibilities to Transportation. required to respond to, a collection of work directly with Tribes in developing Proposed Regulation Promulgation information unless it displays a programs for healthy ecosystems, to acknowledge that tribal lands are not currently valid OMB control number. Accordingly, we propose to amend subject to the same controls as Federal part 17, subchapter B of chapter I, title National Environmental Policy Act public lands, to remain sensitive to 50 of the Code of Federal Regulations, (NEPA) (42 U.S.C. 4321 et. seq.) Indian culture, and to make information as set forth below: It is our position that, outside the available to Tribes. jurisdiction of the U.S. Court of Appeals We determined that there are no tribal PART 17—[AMENDED] for the Tenth Circuit, we do not need to lands occupied at the time of listing that prepare environmental analyses as contain the features essential for the 1. The authority citation for part 17 defined by NEPA (42 U.S.C. 4321 et conservation of the species, nor are continues to read as follows: seq.) in connection with designating there any unoccupied tribal lands that Authority: 16 U.S.C. 1361–1407; 16 U.S.C. critical habitat under the Act. We are essential for the conservation of 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– published a notice outlining our reasons Navarretia fossalis. Therefore, critical 625, 100 Stat. 3500; unless otherwise noted. for this determination in the Federal habitat for N. fossalis is not being Register on October 25, 1983 (48 FR proposed on tribal lands. We will 2. In § 17.96(a), revise the entry for 49244). This position was upheld by the continue to coordinate with Tribal ‘‘Navarretia fossalis (spreading U.S. Court of Appeals for the Ninth governments as applicable during the navarretia)’’ under family Circuit (Douglas County v. Babbitt, 48 designation process. Polemoniaceae to read as follows:

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§ 17.96 Critical habitat—plants. habitat, but not so long that true Pismo-Caperton soils in Los Angeles (a) Flowering plants. wetland species inhabit the areas. County; Domino, Traver, and Willows * * * * * (ii) PCE 2—Intermixed wetland and soils in Riverside County; and upland habitats that act as the local Huerhuero, Placentia, Olivenhain, Family Polemoniaceae: Navarretia watershed. Areas characterized by Stockpen, and Redding soils in San fossalis (spreading navarretia) mounds, swales, and depressions within Diego County. (1) Critical habitat units are depicted a matrix of upland habitat that result in (3) Critical habitat does not include for Los Angeles, Riverside, and San intermittently flowing surface and manmade structures existing on the Diego Counties, California, on the maps subsurface water in swales, drainages, effective date of this rule and not below. and pools that support the habitat containing one of more of the primary (2) Within these areas, the primary described in PCE 1, and provide the constituent elements, such as buildings, constituent elements (PCE) for water that allows for the inundation aqueducts, airports, and roads, and the Navarretia fossalis consist of three described in PCE 1. land on which such structures are components: (iii) PCE3—Soils that support ponding located. (i) PCE 1—Ephemeral wetland during winter and spring. Soils found in (4) Critical habitat map units. Data habitat. Vernal pools (up to 10 ac (4 ha)) areas characterized in PCE 2 that allow layers defining map units were created and seasonally flooded alkali vernal for ponding of water because they have using a base of U.S. Geological Survey plains that become inundated by the a clay component or other property that 7.5′ quadrangle maps. Critical habitat winter rains and hold water or have creates an impermeable surface or units were then mapped using Universal saturated soils for 2 weeks to 6 months subsurface layer. The properties of these Transverse Mercator (UTM) zone 11, during a year with average rainfall. This soils contribute to reduced percolation North American Datum (NAD) 1983 period of inundation is long enough to and minimal run-off of water, all of coordinates. promote germination, flowering, and which lead to supporting the habitat (5) Note: Index Map of critical habitat seed production for N. fossalis and other and period of inundation described in units for Navarretia fossalis (spreading native species typical of vernal pool and PCE 1. These soil types are known to navarretia) follows: seasonally flooded alkali vernal plain include, but are not limited to: Cieneba- BILLING CODE 4310–55–P

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(6) Unit 1: Los Angeles Basin—Orange (ii) Note: Map of Subunit 1A (Cruzan (i) [Reserved for textual description of Management Area, Los Angeles County, Mesa) is at paragraph (7)(ii) of this Subunit 1B.] CA. Subunit 1A: Cruzan Mesa. entry. (ii) Note: Map of Los Angeles Basin— (i) [Reserved for textual description of (7) Unit 1: Los Angeles Basin—Orange Orange Management Area Subunits 1A Subunit 1A.] Management Area, Los Angeles County, (Cruzan Mesa) and 1B (Plum Canyon) CA. Subunit 1B: Plum Canyon. follows:

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(8) Unit 2: San Diego: Northern Poinsettia Lane Commuter Station, San (ii) Note: Map of Unit 2 (Poinsettia Coastal Mesa Management Area— Diego County, CA. Lane Commuter Station) follows: (i) [Reserved for textual description of Unit 2.]

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(9) Unit 3: San Diego: Central Coastal County, CA. Subunit 3A: Santa Fe (ii) Note: Map of Unit 3, Subunit 3A Mesa Management Area, San Diego Valley: Crosby Estates. (Santa Fe Valley: Crosby Estates) (i) [Reserved for textual description of follows: Subunit 3A.]

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(10) Unit 3: San Diego: Central Coastal County, CA. Subunit 3B: Carroll (ii) Note: Map of Unit 3, Subunit 3B Mesa Management Area, San Diego Canyon. (Carroll Canyon) follows: (i) [Reserved for textual description of Subunit 3B.]

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(11) Unit 3: San Diego: Central Coastal (i) [Reserved for textual description of (ii) Note: Map of Unit 3, Subunit 3C Mesa Management Area, San Diego Subunit 3C.] (Nobel Drive) follows: County, CA. Subunit 3C: Nobel Drive.

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(12) Unit 3: San Diego: Central Coastal County, CA. Subunit 3D: Montgomery (ii) Note: Map of Unit 3, Subunit 3D Mesa Management Area, San Diego Field. (Montgomery Field) follows: (i) [Reserved for textual description of Subunit 3D.]

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(13) Unit 4: San Diego: Inland (14) Unit 4: San Diego: Inland (15) Unit 4: San Diego: Inland Management Area, San Diego County, Management Area, San Diego County, Management Area, San Diego County, CA. Subunit 4C1: San Marcos (Upham). CA. Subunit 4C2: San Marcos (Universal CA. Subunit 4D: San Marcos (Bent (i) [Reserved for textual description of Boot). Avenue). Subunit 4C1.] (i) [Reserved for textual description of (i) [Reserved for textual description of Subunit 4C2.] Subunit 4D.] (ii) Note: Map of Unit 4, Subunit 4C1 (ii) Note: Map of Unit 4, Subunit 4C2 (ii) Note: Map of Unit 4, Subunits is at paragraph (15)(ii) of this entry. is at paragraph (15)(ii) of this entry. 4C1, 4C2, and 4D (San Marcos) follows:

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(16) Unit 4: San Diego: Inland (i) [Reserved for textual description of (ii) Note: Map of Unit 4, Subunit 4E Management Area, San Diego County, Subunit 4E.] (Ramona) follows: CA. Subunit 4E: Ramona.

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(17) Unit 5: San Diego: Southern Diego County, CA. Subunit 5A: (ii) Note: Map of Unit 5, Subunit 5A Coastal Mesa Management Area, San Sweetwater Vernal Pools. (Sweetwater Vernal Pools) follows: (i) [Reserved for textual description of Subunit 5A.]

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(18) Unit 5: San Diego: Southern Diego County, CA. Subunit 5B: Otay (ii) Note: Map of Unit 5, Subunit 5B Coastal Mesa Management Area, San River Valley. (Otay River Valley) follows: (i) [Reserved for textual description of Subunit 5B.]

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(19) Unit 5: San Diego: Southern Diego County, CA. Subunit 5F: Proctor (ii) Note: Map of Unit 5, Subunit 5F Coastal Mesa Management Area, San Valley. (Proctor Valley) follows: (i) [Reserved for textual description of Subunit 5F.]

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(20) Unit 5: San Diego: Southern Diego County, CA. Subunit 5G: Otay (ii) Note: Map of Unit 5, Subunit 5G Coastal Mesa Management Area, San Lakes. (Otay Lakes) follows: (i) [Reserved for textual description of Subunit 5G.]

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(21) Unit 5: San Diego: Southern Diego County, CA. Subunit 5H: Western (ii) Note: Map of Unit 5, Subunit 5H Coastal Mesa Management Area, San Otay Mesa Vernal Pool Complexes. (Western Otay Mesa Vernal Pool (i) [Reserved for textual description of Complexes) follows: Subunit 5H.]

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(22) Unit 5: San Diego: Southern Diego County, CA. Subunit 5I: Eastern (ii) Note: Map of Unit 5, Subunit 5I Coastal Mesa Management Area, San Otay Mesa Vernal Pool Complexes. (Eastern Otay Mesa Vernal Pool (i) [Reserved for textual description of Complexes) follows: Subunit 5I.]

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(23) Unit 6: Riverside Management (i) [Reserved for textual description of (ii) Note: Map of Unit 6, Subunit 6A Area, Riverside County, CA. Subunit Subunit 6A.] (San Jacinto River) follows: 6A: San Jacinto River.

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(24) Unit 6: Riverside Management Salt Creek Seasonally Flooded Alkali (ii) Note: Map of Unit 6, Subunit 6B Area, Riverside County, CA. Subunit 6B: Plain. (Salt Creek Seasonally Flooded Alkali (i) [Reserved for textual description of Plain) follows: Subunit 6B.]

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(25) Unit 6: Riverside Management (i) [Reserved for textual description of (ii) Note: Map of Unit 6, Subunit 6C Area, Riverside County, CA. Subunit 6C: Subunit 6C.] (Wickerd and Scott Road Pools) follows: Wickerd and Scott Road Pools.

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(26) Unit 6: Riverside Management (i) [Reserved for textual description of (ii) Note: Map of Unit 6, Subunit 6D Area, Riverside County, CA. Subunit Subunit 6D.] (Skunk Hollow) follows: 6D: Skunk Hollow.

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(27) Unit 6: Riverside Management (i) [Reserved for textual description of (ii) Note: Map of Unit 6, Subunit 6E Area, Riverside County, CA. Subunit 6E: Subunit 6E.] (Mesa de Burro) follows: Mesa de Burro.

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* * * * * Dated: May 27, 2009. Jane Lyder, Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E9–13013 Filed 6–9–09; 8:45 am] BILLING CODE 4310–55–C

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Part III

Nuclear Regulatory Commission 10 CFR Parts 170 and 171 Revision of Fee Schedules; Fee Recovery for FY 2009; Final Rule

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NUCLEAR REGULATORY provides text and image files of NRC’s licensees. For example, the NRC COMMISSION public documents. If you do not have assesses these fees to cover the cost of access to ADAMS or if there are inspections, applications for new 10 CFR Parts 170 and 171 problems in accessing the documents licenses and license renewals, and [NRC–2008–0620] located in ADAMS, contact the NRC’s requests for license amendments. PDR reference staff at 1–800–397–4209, Second, annual fees, set forth in 10 CFR RIN 3150–AI52 301–415–4737, or by e-mail to part 171 under the authority of OBRA– [email protected]. 90, recover generic regulatory costs not Revision of Fee Schedules; Fee otherwise recovered through 10 CFR Recovery for FY 2009 FOR FURTHER INFORMATION CONTACT: Rebecca I. Erickson, Office of the Chief part 170 fees. In accordance with OBRA–90, $27.1 AGENCY: Nuclear Regulatory Financial Officer, U.S. Nuclear million of the agency’s budgeted Commission. Regulatory Commission, Washington, resources for generic homeland security ACTION: Final rule. DC 20555–0001; telephone 301–415– activities are excluded from the NRC’s 7126, e-mail fee base in FY 2009. These funds cover SUMMARY: The Nuclear Regulatory [email protected]. Commission (NRC) is amending the generic activities, such as rulemakings licensing, inspection, and annual fees SUPPLEMENTARY INFORMATION: and the development of guidance charged to its applicants and licensees. I. Background documents, that support entire license The amendments are necessary to II. Response to Comments fee classes or classes of licensees. Under implement the Omnibus Budget III. Final Action its IOAA authority, the NRC will Reconciliation Act of 1990 (OBRA–90), A. Amendments to 10 CFR Part 170: Fees continue to charge part 170 fees for all as amended, which requires the NRC to for Facilities, Materials, Import and licensee-specific homeland security- Export Licenses, and Other Regulatory recover through fees approximately 90 related services provided, including Services Under the Atomic Energy Act of security inspections and security plan percent of its budget authority in fiscal 1954, As Amended year (FY) 2009, not including amounts B. Amendments to 10 CFR Part 171: reviews. appropriated from the Nuclear Waste Annual Fees for Reactor Licenses and On March 11, 2009, the President Fund (NWF), amounts appropriated for Fuel Cycle Licenses and Materials signed the Omnibus Appropriations Waste Incidental to Reprocessing (WIR), Licenses, Including Holders of Act, 2009 (Pub. L. 111–8). This Act and amounts appropriated for generic Certificates of Compliance, Registrations, appropriated $1,045,516,000 to the NRC homeland security activities. The NRC’s and Quality Assurance Program to carry out its mission in FY 2009. This Approvals and Government Agencies required fee recovery amount for the FY amount is $24.3 million lower than the Licensed by the NRC estimate used to develop the FY 2009 2009 budget is approximately $870.6 IV. Voluntary Consensus Standards million. After accounting for billing proposed rule (74 FR 9129; March 2, V. Environmental Impact: Categorical 2009). The FY 2009 proposed rule was adjustments, the total amount to be Exclusion billed as fees is approximately $866.5 VI. Paperwork Reduction Act Statement based on the FY 2009 Energy and Water million. VII. Regulatory Analysis Development Appropriations Bill (H.R. VIII. Regulatory Flexibility Analysis 7324), reported by the U.S. House of DATES: Effective Date: August 10, 2009. IX. Backfit Analysis Representatives Appropriations ADDRESSES: The comments received on X. Congressional Review Act Committee. As discussed in the the proposed rule and the NRC’s work Statement of Consideration of the FY I. Background papers that support these final changes 2009 proposed rule, the NRC’s FY 2009 to 10 CFR parts 170 and 171 are The NRC is required each year, under final fee rule has been adjusted to reflect available from the following locations: OBRA–90 (42 U.S.C. 2214), as amended, the enacted budget. However, because Federal e-Rulemaking Portal: Go to to recover approximately 90 percent of the $24.3 million decrease only affected http://www.regulations.gov and search its budget authority, not including the amount appropriated from the NWF, for documents filed under Docket ID amounts appropriated from the NWF, which is a non-fee item, the NRC’s NRC–2008–0620. Address questions amounts appropriated for WIR, and required fee recovery amount for the FY about NRC dockets to Carol Gallagher amounts appropriated for generic 2009 budget has not changed from the 301–492–3668; e-mail homeland security activities (non-fee proposed fee rule. [email protected]. items), through fees to NRC licensees The amount of the NRC’s required fee You can access publicly available and applicants. The NRC receives 10 collections is set by law, and is, documents related to this document percent of its budget authority (not therefore, outside the scope of this using the following methods: including non-fee items) from the rulemaking. In FY 2009, the NRC’s total NRC’s Public Document Room (PDR): general fund each year to pay for the fee recovery amount has increased by The public may examine and have cost of agency activities that do not $91.5 million from FY 2008, mostly in copied for a fee publicly available provide a direct benefit to NRC response to an increased regulatory and documents at the NRC’s PDR, Public licensees, such as international infrastructure support workload for File Area O1 F21, One White Flint assistance and Agreement State reactor renewal activities, new uranium North, 11555 Rockville Pike, Rockville, activities (as defined under section 274 recovery facility applications, new Maryland. of the Atomic Energy Act of 1954, as uranium enrichment facilities, and NRC’s Agencywide Documents Access amended). materials licensing. The FY 2009 budget and Management System (ADAMS): The NRC assesses two types of fees to was allocated to the fee classes that the Publicly available documents created or meet the requirements of OBRA–90. budgeted activities support. As such, received at the NRC after November 1, First, user fees, set forth in 10 CFR part the annual fees for reactor, fuel facility, 1999, are available electronically at the 170 under the authority of the most uranium recovery, and small NRC’s Electronic Reading Room at Independent Offices Appropriation Act materials licensees have increased. http://www.nrc.gov/reading-rm/ of 1952 (IOAA) (31 U.S.C. 9701), recover Another factor affecting the amount of adams.html. From this page, the public the NRC’s cost of providing special annual fees for each fee class is the can gain entry into ADAMS, which benefits to identifiable applicants and estimated collection under part 170. The

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annual fee amounts in the FY 2009 final Circular No. A–25, ‘‘User Charges.’’ The notice should be given to impacted fee rule are lower for most fee categories NRC did not receive any comments licensees as required under the than those in the proposed rule suggesting ways to revise its hourly rate Administrative Procedure Act. This primarily due to the increase in part 170 calculation methodology, and comments commenter also noted that the addition revenue estimates. on this fee rule and other rulemakings of the phrase ‘‘and other entities’’ to the have consistently supported the NRC’s description of fee category 17 and II. Response to Comments efforts to collect more of its budget further elaboration that this category is The NRC published the FY 2009 through part 170 fees-for-services rather being expanded to include non- proposed fee rule on March 2, 2009 (74 than part 171 annual fees. Therefore, the governmental entities with multi-site FR 9129) to solicit public comment on NRC is retaining the hourly rate formula licenses did not clearly indicate that its proposed revisions to 10 CFR parts as presented in the FY 2009 proposed certain fee category 3.C. entities would 170 and 171. The NRC received eight rule. now fall under fee category 17. comments by the close of the comment 2. Multiple Hourly Rates Response. The NRC’s intent in period (April 1, 2009) and two revising the description of fee category comments thereafter, for a total of 10 Comment. One commenter requested 17 was to enhance the fairness and comments that were considered in this that the NRC consider developing equity of its fee schedule. The data fee rulemaking. The comments have different hourly rates to account for the gathered for the FY 2009 biennial been grouped by issue and are more complex licensing tasks of new review of fees showed that the NRC’s addressed in a collective response. licensed facilities as opposed to the review efforts for large non-Federal routine work required for well- A. Specific Part 170 Issue multi-site, multi-region licenses under established programs. fee category 3.C. were similar to efforts 1. Hourly Rate Increase Response. From FY 1988 through FY for a Master Materials License (MML) 1994, the NRC used one agency-wide (fee category 17) and, thus, there should Comment. Several commenters were professional hourly rate. In the FY 1995 concerned about the increase in the be similar fees. However, NRC fee rule (60 FR 32218; June 20, 1995), appreciates the concerns raised by this NRC’s hourly rate. These commenters the NRC replaced the single rate with requested a better explanation for the 19 commenter. To address these concerns, two professional hourly rates based on NRC will rescind the proposed revision percent increase in the cost of agency ‘‘cost center concepts’’ used for administrative overhead and the 10 to the description for fee category 17 budgeting purposes to separately, and (MML). The NRC believes it is necessary percent increase in the cost of salaries more equitably, allocate the costs and benefits for mission direct full-time to perform additional studies of the best associated with the reactor and way to equitably recover the costs of equivalents (FTE) from FY 2008 to FY materials programs. In the FY 2007 fee 2009. Some commenters also noted that providing the regulatory oversight for rule (72 FR 31401; June 6, 2007), the multi-site licenses and such review will NRC’s hourly rates have always NRC returned to the use of one hourly exceeded those charged by private firms be addressed in a future rulemaking. rate. The NRC found that there was no The impact of removing the revised for similar work. longer a significant difference in the two Response. The NRC’s hourly rate is description from this final rule on fee hourly rates. Also, the NRC incurs categories 3.C. and 17 is discussed in based on budgeted costs and must be administrative burden in calculating established each year to meet the NRC’s Sections III.A.2, of this document, Flat and billing two different hourly rates. Application Fee Changes, and III.B.3.g, fee recovery requirements. As discussed As stated in the previous response, Materials Users. in the proposed rule, the increase in the the NRC’s hourly rate is based on hourly rate is due to the higher budget budgeted costs and must be calculated B. Specific Part 171 Issues necessary for an increased regulatory each year to meet the agency’s fee 1. Increase in Annual Fee Base and infrastructure support workload for recovery requirements. The NRC reactor license renewals and believes that the added burden from Comment. Some commenters applications from new uranium requiring both mission direct and requested a more detailed explanation recovery and enrichment facilities. The administrative staff to develop and for the bases for the increase in annual increase in the agency’s regulatory provide annual review and oversight of fees as opposed to an increase in the activities requires a comparable increase a multiple hourly rate schedule would NRC hourly fee charges. The in agency administrative support (e.g., be counterproductive. In addition, there commenters recognized that additional rent, supplies, and information is not a significant difference in the NRC fees are necessary to support increases technology). The 10 percent increase in budget for the various programs that in NRC staffing levels and the agency the cost of salaries and benefits is would result in different hourly rates. infrastructure required to license new primarily due to an increase of 101 Therefore, the NRC is retaining the facilities, but the commenters expected mission direct FTEs in FY 2009 as single hourly rate as presented in the FY a larger percentage of the increase to be compared with FY 2008 along with 2009 proposed rule. recovered through hourly fee charges. Government-wide pay raises. The FTE Response. As a matter of policy, the increase reflects additional support for 3. Fee Category 17 Description NRC strives to maximize its fee new facility applications. Revisions collections under part 170, and this has In response to comments that the NRC Comment. One commenter requested been addressed in previous fee rules. hourly rate is significantly higher than that NRC rescind the revision to the The NRC is rebaselining its fees in FY private industry rates, the NRC’s rate is description of fee category 17, ‘‘master 2009, as noted in the proposed fee rule. calculated to recover all of the budgeted materials licenses of broad scope issued Under this methodology, the agency’s costs supporting the services provided to Government agencies and other annual fee amounts are calculated based under part 170, including all entities,’’ as stated in the proposed rule. on budgeted resources allocated to the programmatic and agency overhead, This commenter stated that it fee class and may fluctuate from one which is consistent with the full cost understands and supports the NRC’s year to the next. In FY 2009 the NRC recovery concept emphasized in the need to meet its fee recovery budget amount to be recovered Office of Management and Budget’s responsibilities, but believes adequate increased by 14 percent. This is

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reflected in the increase in annual fees not included in the annual fee for a of the Generic Environmental Impact for most licensees. specific facility licensed by the NRC. Statement (GEIS) for in-situ uranium Because NRC’s annual fees must The NRC bills the applicant for these recovery has not decreased NRC staff recover all fee class resources not activities as part 170 hourly charges. effort. This commenter supported the collected through part 170 fees, the The delay in the submission of the creation of three new classes of uranium annual fees are also affected by the part license application impacted the part recovery licenses as presented in the 170 fees collected from that fee class. 170 fee estimate for fuel facilities. proposed rule, but requested the The NRC prepares its budget using the Because annual fees must recover all addition of a statement in the final rule best information available at the time, budgeted resources for a fee class not to clarify that conventional mills will including scheduled application and recovered through part 170 fees, annual not be double-billed as a resin toll licensing activities. However, part 170 fees for all facilities in the fee class are milling facility under fee category revenue from a fee class is particularly impacted by the lower part 170 fee 2.A.(2)(e) if their license allows them to difficult to predict in advance. Although estimate, as explained in the answer to process uranium bearing resins from the total part 170 revenue in FY 2009 is the previous comment. other sites and sources. Another greater than FY 2008, fact-of-life issues, In response to the request to re- commenter stated that the proposed fee such as delays in application activities evaluate the matrix used for calculating rule did not adequately explain the and restrictions in a six-month annual fees for individual fuel facilities, basis for the Uranium Mill Tailings continuing resolution, resulted in lower the NRC established its methodology Radiation Control Act (UMTRCA) Title than expected part 170 estimated through public notice and comment I budgeted costs. This commenter revenues for some classes of licensees rulemaking (64 FR 31448; June 10, worried that reductions in generic fees like fuel facilities. In addition, most of 1999). Under this methodology the total would result in reduced NRC support the FY 2009 part 170 revenue is billed budgeted resources for fuel facilities are for UMTRCA license actions and at the lower FY 2008 professional allocated to individual fuel facility fee requested site-specific budget details in hourly rate of $238 because the higher categories based on the effort/fee the final rule and supporting FY 2009 rate of $257 is not effective determination matrix, which was documents. until 60 days after the publication of described in detail in the FY 2009 Response. The NRC acknowledges this final rule in the Federal Register. proposed fee rule. As stated in the FY that the FY 2009 uranium recovery This has resulted in annual fee increases 1999 rulemaking, this methodology is annual fees for in-situ recovery higher than the increase in total budget adaptable to changes in the number of operations and conventional mills fee to be recovered for some licensees. licensees or certificate holders, licensed classes of $29,700 and $31,200, or certified material and/or activities, respectively, are significantly higher 2. Fuel Facilities Annual Fees and total programmatic resources to be than the FY 2008 annual fee of $10,300 Comment. One commenter was recovered through annual fees. The NRC charged to these facilities. However, the concerned about the increase in annual continues to believe that an effort/fee annual fees charged to these facilities fees for fee category 1.A.(1)(a), High determination matrix, based on the have decreased substantially since FY Enriched Uranium Fuel (HEU), and commensurate level of regulatory effort 2006 when the annual fee was $65,900. requested that NRC re-evaluate the related to the various fuel facility Annual fees fluctuate from year to year matrix used in determining the Fuel categories from a safety and safeguards based on a number of factors, including Facilities annual fees. In particular, this perspective, results in annual fees that the budgeted resources for a license fee commenter believes that the annual fee accurately reflect the current costs of class. The increase in the total required for fee category 1.E., Uranium providing generic and other regulatory annual fee recovery is mainly due to an Enrichment, should have a higher services to each fuel facility type. In increase in uranium recovery licensing percentage increase because the NRC response to the comment on the and inspection budget resources for the stated that the primary reason for the decrease in effort factors for HEU fee existing licensees, as stated in the Fuel Facilities budget increase was for category, the 2.6 percent decrease in the proposed rule. The NRC’s annual fees new uranium enrichment facility total safety and safeguards effort factor reflect the budgeted cost of its licensing activities. The commenter change is relatively small, as noted in regulatory services to the class. then asserted that the proposed annual the proposed rule. The primary reason In response to the request for fee increase for an HEU facility was for the increase in annual fees is the clarification in the fee schedule to avoid unjustified because the NRC said that higher budget without a proportionate the possibility of double-billing, most the effort factors for the HEU fee increase in part 170 revenue. The NRC materials licenses that authorize category have decreased from FY 2008. decrease in total effort factors for HEU more than one activity on a single Another commenter did not believe that fee category did not have a large impact license will be assessed annual fees for the annual fee increase for a Low- on the annual fee. Therefore, the NRC is each category applicable to the license Enriched Uranium Fuel Facility was retaining the effort/fee determination (see § 171.16, footnote 1, of this justified and wanted the NRC to provide matrix as outlined in the proposed rule. document). Thus, if an NRC license further explanation. authorizes the operation of both a Response. Annual fees fluctuate from 3. Uranium Recovery Annual Fees conventional mill and a resin toll year to year based on a number of Comment: One commenter, milling facility then annual fees will be factors, including the budgeted representing various stakeholders, assessed for both fee category 2.A.(2)(a), resources for a license fee class. The stated that the proposed rule did not Conventional Mills, and 2.A.(2)(e), NRC acknowledges that the annual fees adequately explain the substantial Resin Toll Milling Facilities. As for fuel facilities increased by a large increase in FY 2009 annual fees for in- described in the proposed rule, each fee percentage (between 56 percent and 124 situ recovery (ISR) operations and category for uranium recovery facilities percent) from FY 2008 to FY 2009. conventional mills from the $10,300 reflects the NRC’s regulatory effort However, the annual fees decreased [corrected] annual fee in FY 2008. This expended for the different types of approximately 27 percent from FY 2007 commenter was also concerned that facilities, both existing and planned. to FY 2008. The licensing activities for contrary to the uranium recovery Consistent with requirements under the new uranium enrichment facility are industry’s expectations, the preparation OBRA–90, the NRC believes the annual

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fees have a reasonable relationship to associated with licensees paying for the previously, the NRC’s budget is the cost of its regulatory services to each cost of activities that do not directly submitted to OMB and Congress for fee category. Therefore, the final rule benefit them, the FY 2001 Energy and review and approval. The provides no exceptions. Water Development Appropriations Act Congressionally-approved budget In response to comments on budgeted amended OBRA–90 to decrease the resulting from this process reflects the resources for specific uranium recovery NRC’s fee recovery amount to 90 resources deemed necessary for the NRC activities, the NRC determines the percent beginning in FY 2005. To the to carry out its statutory obligations. In budgeted costs to be allocated to each extent that the 10 percent of NRC’s compliance with OBRA–90, NRC’s fees class of licensee through a budget authority which is not fee are calculated to recover the required comprehensive review of every planned recoverable is insufficient to cover the percentage of its approved budget. The activity in each of the agency’s major total cost of all fee-relief activities, these NRC will continue efforts to ensure that program areas. The NRC’s Performance remaining costs are spread to all the NRC carries out its statutory Budget submitted to the Congress for licensees based on their percentage of obligations in an efficient manner. review provides the objectives of the the budget. In FY 2009, the NRC’s fee 2. Need for Timely Budget Estimate budget and how it supports the agency’s relief exceeds the total fee-relief Strategic Plan goals and strategies. activities cost. This excess fee relief is Comment. Some commenters raised Nonetheless, the NRC’s budget and the used to reduce licensees’ annual fees, concerns that the timing of the fee rule manner in which the NRC carries out its based on their percentage of the fee makes it difficult for licensees to plan activities are not within the scope of recoverable budget authority. for regulatory expenses within the this rulemaking. Therefore, this final In response to the comment about framework of their normal budget rule does not address the commenters’ paying fees to both NRC and the cycles. To address this issue, these concerns regarding the NRC’s budget Commonwealth of Virginia, the commenters suggested that the NRC and the use of NRC resources for proposed fee rule explained that, hold an annual public meeting for the specific activities, such as the GEIS and because of Virginia’s effective purpose of sharing fee projection UMTRCA. Agreement date of March 31, 2009, the information. The commenters recognized NRC’s efforts in providing 4. Agreement State Activities licensees transferring to Virginia are subject to one-half of their NRC annual information to the industry through an Comment. Some commenters fee for FY 2009. In response to the October 2008 public meeting but requested more discussion of the fee comment suggesting a monthly charge requested that an annual public meeting impact on NRC licensees once to account for seasonal usage, the NRC be held earlier in the year to align with additional states beyond the recognizes the assessment of fees to their budget planning cycle. In addition, Commonwealth of Virginia and the recover the agency’s costs may result in some commenters worried about the State of New Jersey become Agreement a financial hardship for some licensees. unpredictability of estimating proposed States. One commenter worried that However, the annual fees are based on fee increases. One commenter they would be required to pay fees to the budgeted resources for activities recommended NRC publish advance both the NRC and the Commonwealth of notice of the NRC’s next fiscal year such as licensing and inspection and the Virginia. This commenter also suggested budget during the first half of the level of effort to perform these activities. that NRC consider implementing current calendar year. Another The NRC does not believe that seasonal monthly billing for seasonal usage commenter did not believe the NRC usage of equipment should be a factor whereby the licensee would only be adequately communicated the impact of in determining annual fees. Therefore, charged for the months during which its budget increases to NRC licensees the NRC will continue to charge an the equipment was used. when the proposed FY 2009 budget was annual fee to its licensees. Response. In response to concerns released to Congress. Some commenters about decreasing numbers of NRC C. Other Issues recommended that the NRC improve its licensees as more states become methods of communicating monthly Agreement States, the NRC notes that 1. The NRC Budget and Explanation of inspection costs. the fee calculation methodology Increases Response. The NRC appreciates the considers the percentage of licensees in Comment. Several commenters stated concerns about fee predictability and Agreement States in establishing fees for that the proposed rule did not stability, and strives to notify licensees the materials users fee class. As adequately explain the increase in of proposed fee changes as early as explained in the proposed fee rule, the NRC’s total fee recovery for FY 2009 and possible. The Commission also makes budgeted resources providing support to they felt that the NRC should provide a every effort to issue the proposed fee Agreement States or their licensees are plan for controlling and limiting the rate rule as soon as possible. Unfortunately, included in total fee-relief costs, which of future budget increases. While the the NRC cannot precisely estimate its are offset by non-fee recovery funding commenters recognized and supported budget in advance, as much of the provided by Congress. For example, if NRC’s hiring effort in the past five years process is out of the agency’s direct the NRC develops a rule, guidance in response to an increase of new control. The NRC’s proposed budget is document, or a tracking system that is licensees in several fee categories, they submitted to the Office of Management associated with or otherwise benefits believe the proposed rule should have and Budget for executive review before Agreement State licensees, the costs of provided a more detailed explanation the President submits a budget to these activities are prorated to the fee- and justification for the fee increases. Congress, which often makes changes relief activities according to the Response. The NRC appreciates the before approving the final budget for the percentage of licensees in that fee class importance of developing cost-efficient President’s signature. As was noted at in Agreement States (e.g., if 85 percent budgets. NRC offices conduct process the October 2008 public meeting, the of materials users licensees are in reviews every year and rely on risk- NRC is committed to open Agreement States, 85 percent of these informed practices to develop cost- communication within the confines of regulatory infrastructure costs are efficient budgets that allow them to the rulemaking process, but the agency included in the fee-relief category). To achieve the NRC’s Strategic Plan cannot provide predecisional policies or address fairness and equity concerns mission objectives. As discussed certain administrative fee-related

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information until the proposed fee rule III. Final Action than the amount estimated for recovery is published. However, the NRC agrees The NRC is amending its licensing, in FY 2008, an increase of to hold an annual public meeting with inspection, and annual fees to recover approximately 12 percent. interested licensees to share projected approximately 90 percent of its FY 2009 The FY 2009 fee recovery amount of fee information as the commenters budget authority minus the $870.6 million is reduced by $4.1 suggested. The date of the meeting will appropriations for non-fee items. The million to account for billing be determined annually, taking into NRC’s total budget authority for FY adjustments (i.e., for FY 2009 invoices consideration the timing of the budget 2009 is $1,045.5 million. The non-fee that the NRC estimates will not be paid process and NRC staff availability. items include $49 million appropriated during the fiscal year, less payments In response to suggestions that the from the NWF, $2 million for WIR received in FY 2009 for prior year agency improve its methods of activities, and $27.1 million for generic invoices). This leaves approximately communicating monthly inspection homeland security activities. Based on $866.5 million to be billed as fees in FY costs, the NRC appreciates the concerns the 90 percent fee-recovery requirement, 2009 through part 170 licensing and regarding invoice predictability. the NRC must recover approximately inspection fees and part 171 annual Nonetheless, providing estimated $870.6 million in FY 2009 through part fees. monthly inspection costs before 170 licensing and inspection fees and Table I summarizes the budget and fee invoicing is not within the scope of this part 171 annual fees. The amount recovery amounts for FY 2009. rulemaking and will not be addressed in required by law to be recovered through (Individual values may not sum to totals this final rule. fees for FY 2009 is $91.5 million more due to rounding.)

TABLE I—BUDGET AND FEE RECOVERY AMOUNTS FOR FY 2009 [Dollars in millions]

Total Budget Authority ...... $1,045.5 Less Non-Fee Items ...... ¥78.1

Balance ...... $967.4 Fee Recovery Rate for FY 2009 ...... × 90.0%

Total Amount to be Recovered for FY 2009 ...... $870.6 Less Part 171 Billing Adjustments: Unpaid FY 2009 Invoices (estimated) ...... 1.9 Less Payments Received in FY 2009 for Prior Year Invoices (estimated) ...... ¥6.0

Subtotal ...... ¥4.1 Amount to be Recovered Through Parts 170 and 171 Fees ...... $866.5 Less Estimated Part 170 Fees ...... ¥333.9

Part 171 Fee Collections Required ...... $532.6

The NRC added six updates to the FY resources for generic decommissioning 30 percent decrease in the test and 2009 fee calculations since the proposed (fee-relief) and correspondingly research reactor annual fee, which rule. First, the agency updated the Part increased resources for the uranium resulted from an increase in estimated 171 Billing Adjustments based on the recovery fee class. These changes more part 170 fee collections for this fee class; latest information available. The accurately allocate budgeted resources. and (2) a 144 percent increase in the estimated payments received in FY 2009 Fourth, in response to a commenter’s ‘‘Flat’’ application fee for fee category for prior year invoices decreased by concerns, the NRC has not changed the 17, which resulted from a correction to approximately $1.7 million, resulting in definition for fee category 17. Fifth, the the proposed fee amount and an a greater amount to be recovered NRC corrected the ‘‘Flat’’ application fee adjustment to the average number of through fees. Second, the NRC updated for fee category 17, Master Materials professional staff hours. Other fees the part 170 estimates based on the License (MML). The proposed rule decreased or increased by small latest billing data available, adding listed an application fee of $29,900, amounts as a result of the changes listed adjustments to account for changes in which was incorrect. The correct in the preceding paragraph. the budget, as appropriate. In total, the amount is $60,100, as shown in the The FY 2009 final fee rule is a ‘‘major part 170 estimates increased by proposed rule work papers. Sixth, the rule’’ as defined by the Congressional approximately $13.7 million. The NRC NRC adjusted the average number of Review Act of 1996 (5 U.S.C. 801–808). estimates that $333.9 million will be professional staff hours needed to Therefore, the NRC’s fee schedules for recovered from part 170 fees in FY 2009, complete inspection actions for fee FY 2009 will become effective 60 days which represents an increase of categories 3C and 17, and to complete after publication of the final rule in the approximately 20 percent compared to licensing actions for fee category 17. Federal Register. The NRC will send an the $277.3 million in part 170 This adjustment takes into account the invoice for the amount of the annual fee collections during FY 2008. Part 171 unchanged definition for fee category to reactors, part 72 licensees, major fuel annual fees account for the remaining 17. cycle facilities, and other licensees with $532.6 million to be recovered in FY The impact of these updates on the annual fees of $100,000 or more, upon 2009, an increase of approximately 13 FY 2009 fees is minimal. Fees for most publication of the FY 2009 final rule. percent compared to the $472.9 million licensees decreased between the FY For these licensees, payment is due on in part 171 collections during FY 2008. 2009 proposed and final fee rules. The the effective date of the FY 2009 final Third, the NRC lowered the amount of two most significant changes were: (1) A rule. Because these licensees are billed

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quarterly, the payment due is the The NRC is amending 10 CFR parts hourly rate calculation is described in amount of the total FY 2009 annual fee, 170 and 171 as discussed in Sections further detail in the following less payments made in the first three III.A and III.B of this document. paragraphs. quarters of the fiscal year. A. Amendments to 10 CFR Part 170: The NRC’s hourly rate is derived by Materials licensees with annual fees Fees for Facilities, Materials, Import and dividing the sum of recoverable of less than $100,000 are billed Export Licenses, and Other Regulatory budgeted resources for (1) mission annually. Those materials licensees Services Under the Atomic Energy Act direct program salaries and benefits; (2) mission indirect salaries and benefits whose license anniversary date during of 1954, As Amended and contract activity; and (3) agency FY 2009 falls before the effective date of The NRC is establishing a single management and support and Inspector the FY 2009 final rule will be billed for hourly rate of $257 to recover the full General (IG), by mission direct FTE the annual fee during the anniversary cost of activities under part 170, and hours. The mission direct FTE hours are month of the license at the FY 2008 using this rate to calculate ‘‘flat’’ the product of the mission direct FTE annual fee rate. Those materials application fees. The rule also makes times the hours per direct FTE. The only licensees whose license anniversary revisions to descriptions of some fee budgeted resources excluded from the date falls on or after the effective date categories. hourly rate are those for mission direct The NRC is making the following of the FY 2009 final rule will be billed contract activities. changes: for the annual fee at the FY 2009 annual In FY 2009, the NRC is using 1,371 fee rate during the anniversary month of 1. Hourly Rate hours per direct FTE, the same as in FY the license, and payment will be due on The NRC’s hourly rate is used in 2008, to calculate the hourly fees. The the date of the invoice. assessing full cost fees for specific NRC has reviewed data from its time The NRC will not routinely mail the services provided, as well as flat fees for and labor system to determine if the FY 2009 final fee rule or future final fee certain application reviews. The NRC is annual direct hours worked per direct rules to applicants or licensees. The increasing the FY 2009 hourly rate to FTE estimate requires updates for the NRC will send the final rule to any $257. This rate is applicable to all FY 2009 fee rule. Based on its review of licensee or other person upon specific activities for which fees are assessed the most recent data, the NRC request. To request a copy, contact the under §§ 170.21 and 170.31. The FY determined that 1,371 hours is the best License Fee Team, Division of the 2009 hourly rate is higher than the estimate of direct hours worked annually per direct FTE. This estimate Controller, Office of the Chief Financial hourly rate of $238 in the FY 2008 final excludes all non-direct activities, such Officer, at 301–415–7554, or e-mail fee rule. The increase is primarily due as training, general administration, and [email protected]. In addition to to the higher FY 2009 budget, which accounts for an increased regulatory and leave. publication in the Federal Register, the infrastructure support workload for Table II shows the results of the final rule will be available on the reactor license renewals and hourly rate calculation methodology. Internet at http://www.regulations.gov applications from new uranium (Individual values may not sum to totals [NRC Docket ID NRC–2008–0620]. recovery and enrichment facilities. The due to rounding.)

TABLE II—FY 2009 HOURLY RATE CALCULATION

Mission Direct Program Salaries & Benefits ...... $322.0 Mission Indirect Salaries & Benefits, and Contract Activity ...... 129.2M Agency Management and Support, and IG ...... 316.5M

Subtotal ...... 767.7M Less Offsetting Receipts ...... ¥0.1M

Total Budget Included in Hourly Rate ...... $767.6M Mission Direct FTEs ...... 2,180 Professional Hourly Rate (Total Budget Included in Hourly Rate divided by Mission Direct FTE Hours) ...... $257

As shown in Table II, dividing the Biennially, the NRC evaluates others to more accurately reflect current $767.6 million budgeted amount historical professional staff hours used data for completing these licensing (rounded) included in the hourly rate by to process a new license application for actions. The average number of total mission direct FTE hours (2,180 materials users fee categories subject to professional staff hours needed to FTE times 1,371 hours) results in an flat application fees. This is in complete new licensing actions was last hourly rate of $257. The hourly rate is accordance with the requirements of the updated for the FY 2007 final fee rule. rounded to the nearest whole dollar. Chief Financial Officers Act of 1990. Thus, the revised average professional The NRC conducted this biennial staff hours in this fee rule reflect the 2. ‘‘Flat’’ Application Fee Changes review for the FY 2009 fee rule which changes in the NRC licensing review also included license and amendment program that have occurred since that As noted above, the NRC is adjusting applications for import and export time. the current flat application fees in licenses. The higher hourly rate of $257 is the §§ 170.21 and 170.31 to reflect the Evaluation of the historical data in FY main reason for the increases in the revised hourly rate of $257. These flat 2009 shows that the average number of application fees. Application fees for fees are calculated by multiplying the professional staff hours required to some fee categories (2.B., 3.G., 3.O., average professional staff hours needed complete licensing actions in the 3.R.1., 4.B., 5.A., 8.A., 9.C., and 17 to process the licensing actions by the materials program should be increased under § 170.31) also increase because of professional hourly rate for FY 2009. in some fee categories and decreased in the results of the biennial review, which

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showed an increase in average time to medical devices it covers. Currently, the recovery under OBRA–90 (fee relief), to process these types of license fee category applies to teletherapy offset the total budget allocated for applications. The decrease in fees for six devices. The NRC has historically activities which do not directly benefit fee categories (3.C., 3.H., 3.S., 9.A., 9.B., included gamma stereotactic current NRC licensees. The budget for and 10.B. under § 170.31) is due to a radiosurgery units (gamma knives) in these fee-relief activities are totaled, and decrease in average time to process this category in accordance with then reduced by the amount of the these types of applications. As noted NUREG 1556, Volume 20, Appendix G. NRC’s fee relief. Any remaining fee- earlier, the application fee for fee This amendment explicitly provides relief activities budget is allocated to all category 17, Master Materials License that fee category 7.A. include gamma licensees’ annual fees, based on their (MML) was incorrect in the proposed knives and other similar beam therapy percent of the budget (i.e., over 80 rule. The correct proposed rule amount devices. The new fee category percent is allocated to power reactors is $60,100, as shown in the proposed description does not represent any each year). rule work papers. additions to the types of licenses In FY 2009, the NRC’s 10 percent fee In light of concerns raised by a regulated by NRC. The change clarifies relief exceeds the total budget for fee- commenter, the proposed change to the the types of licenses covered under relief activities by $3.2 million. In FY definition for fee category 17 is specific categories for NRC licensees. 2008, the 10 percent fee relief exceeded rescinded in this final rule (see Section In light of concerns raised by a the total budget by $8.9 million. The II.A.3., Response to Comments, of this commenter, the NRC is not revising the excess fee relief in FY 2009 is lower document). Therefore, the NRC revised description for fee category 17 in compared with FY 2008, primarily due the biennial review resulting in a higher § 170.31. to higher FY 2009 budget resources for average number of professional staff 4. Administrative Amendments Agreement States support and hours needed to complete new MML international activities. In response to a number of questions licensing actions. This increased the The excess fee relief for the FY 2009 MML application fee by approximately on specific sub-sections related to fee exemptions for special projects, the NRC final rule increased by approximately 22 percent compared to the proposed $0.3 million compared with the rule corrected fee amount. Additional is simplifying § 170.11 for ease of reading. There is no change to the NRC’s proposed rule primarily due to a change discussion is provided in Section in the costs not recovered from the III.B.3.g, Materials Users, of this fee exemption policy. In summary, the NRC is making the small entities under 10 CFR 171.16(c) document. and generic decommissioning/ The amounts of the materials following changes to 10 CFR part 170: reclamation fee-relief costs. The licensing flat fees are rounded so that 1. Establish revised professional amounts in these fee-relief categories the fees would be convenient to the user hourly rate to use in assessing fees for decreased from the proposed rule due to and the effects of rounding would be specific services; 2. Revise the license application fees an increase in part 170 revenue estimate minimal. Fees under $1,000 are rounded to reflect the proposed FY 2009 hourly for the materials users fee class and a to the nearest $10, fees that are greater rate; change resulting in a smaller budget than $1,000 but less than $100,000 are 3. Revise some fee categories to better resource allocation for generic rounded to the nearest $100, and fees reflect NRC’s regulatory effort; and decommissioning activities related to that are greater than $100,000 are 4. Make certain administrative uranium recovery sites. rounded to the nearest $1,000. changes for purposes of clarification. The licensing flat fees are applicable As in FY 2008, the NRC is using the for fee categories K.1. through K.5. of B. Amendments to 10 CFR Part 171: $3.2 million fee relief to reduce all § 170.21, and fee categories 1.C., 1.D., Annual Fees for Reactor Licenses and licensees’ annual fees, based on their 2.B., 2.C., 3.A. through 3.S., 4.B. through Fuel Cycle Licenses and Materials percent of the fee recoverable budget 9.D., 10.B., 15.A. through 15.R., 16, and Licenses, Including Holders of authority. This is consistent with the 17 of § 170.31. Applications filed on or Certificates of Compliance, existing fee methodology, in that the after the effective date of the FY 2009 Registrations, and Quality Assurance benefits of the NRC’s fee relief are final fee rule will be subject to the Program Approvals and Government allocated to licensees in the same revised fees in the final rule. Agencies Licensed by the NRC manner as deficit was allocated as surcharge when the NRC did not receive The NRC is using its fee relief to 3. Fee Category Changes enough fee relief to pay for fee-relief reduce all licensees’ annual fees and activities. In FY 2009, the power The NRC is revising the fee categories changes in the number of NRC reactors class of licensees will receive for uranium recovery facilities in licensees. This rulemaking also approximately 88 percent of the fee § 170.31. The new fee categories better establishes rebaselined annual fees relief based on their share of the NRC reflect the NRC’s regulatory effort based on the NRC’s FY 2009 budget fee recoverable budget authority. expended for the different types of authority. The final amendments are facilities, both existing and planned. A described as follows: The FY 2009 budgeted resources for more detailed discussion follows in NRC’s fee-relief activities are $93.5 Section III.B.3.b. Uranium Recovery 1. Application of ‘‘Fee-Relief/ million. The NRC’s total fee relief in FY Facilities, of this document. Surcharge’’ 2009 is $96.7 million, leaving $3.2 In addition, the NRC is revising the The NRC is using its fee relief to million in fee relief to be used to reduce description for fee category 7.A. in reduce all licensees’ annual fees, based all licensees’ annual fees. These values § 170.31. The NRC is amending fee on their percent of the budget. are shown in Table III. (Individual category 7.A., related to medical The NRC applies the 10 percent of its values may not sum to totals due to licenses, to more precisely state which budget that is excluded from fee rounding.)

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TABLE III—FEE-RELIEF ACTIVITIES [Dollars in millions]

FY 2009 budgeted costs

1. Activities not attributable to an existing NRC licensee or class of licensee: a. International activities ...... $17.6 b. Agreement State oversight ...... 11.2 c. Scholarships and Fellowships ...... 15.0 2. Activities not assessed part 170 licensing and inspection fees or part 171 annual fees based on existing law or Commis- sion policy: a. Fee exemption for nonprofit educational institutions ...... 11.5 b. Costs not recovered from small entities under 10 CFR 171.16(c) ...... 3.7 c. Regulatory support to Agreement States ...... 17.5 d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee classes) ...... 13.6 e. In situ leach rulemaking and unregistered general licensees ...... 3.5

Total fee-relief activities ...... 93.5 Less 10 percent of NRC’s FY 2009 total budget (non including non-fee items) ...... ¥96.7

Fee Relief to be Allocated to All Licensees’ Annual Fees ...... $¥3.2

Table IV shows how the NRC is offset the required annual fee recovery allocation of the LLW surcharge activity. allocating the $3.2 million in fee relief from each fee class. Because LLW activities support NRC to each license fee class. As explained Separately, the NRC has continued to licensees, the costs of these activities are previously, the NRC is allocating this allocate the low-level waste (LLW) not offset by the NRC’s fee relief. For FY fee relief to each license fee class based surcharge based on the volume of LLW 2009, the total budget allocated for LLW on the percent of the budget for that fee disposal of three classes of licenses, activity is $2.3 million. (Individual class compared to the NRC’s total operating reactors, fuel facilities, and values may not sum to totals due to budget. The fee relief is used to partially materials users. Table IV also shows the rounding.)

TABLE IV—ALLOCATION OF FEE-RELIEF ACTIVITIES AND LLW SURCHARGE

LLW Surcharge Fee-Relief Total Percent $M Percent $M $M

Operating Power Reactors ...... 54.0 1.2 88 ¥2.8 ¥1.6 Spent Fuel Storage/Reactor Decommissioning ...... 2.5 ¥0.1 ¥0.1 Test and Research Reactors ...... 0 .1 0.0 0.0 Fuel Facilities ...... 15.0 0.3 5.2 ¥0.2 0.2 Materials Users ...... 31.0 0.7 3.0 ¥0.1 0.6 Transportation ...... 0 .4 0.0 0.0 Uranium Recovery ...... 0 .8 0.0 0.0

Total ...... 100.0 2.3 100.0 ¥3.2 ¥0.9

In FY 2009, the LLW surcharge Commonwealth of Virginia, as for any resources for licensing and inspection exceeded the fee relief for two fee other Agreement State, are recovered as activities supporting NRC licensees in classes, fuel facilities and materials fee-relief activities consistent with the materials users fee class are not users. The net surcharge will be existing policy. The budgeted resources prorated to the fee-relief activity. included in the annual fee for fuel for the regulatory support of Agreement The number of NRC materials users facility and materials users licensees. State licensees are prorated to the fee- licensees has been updated to reflect the 2. Agreement State Activities relief activity based on the percent of transfer of licensees to the total licensees in Agreement States. The Commonwealth of Virginia. Because of By letter dated June 12, 2008, NRC has updated the proration the effective date of March 31, 2009, the Governor Timothy Kaine of the percentage in its fee calculation to make approximately 386 licensees transferring Commonwealth of Virginia requested sure that resources are allocated to the Commonwealth of Virginia will that the NRC enter into an Agreement equitably between the NRC materials be subject to one-half of their annual fee with the State as authorized by Section users fee class and the regulatory for FY 2009. The number of materials 274 of the Atomic Energy Act of 1954. support to Agreement States fee-relief users licensees is revised to reflect that The NRC approved the request. This category. Accordingly, as a result of the the NRC will still collect one-half of the resulted in the transfer of approximately Commonwealth of Virginia becoming an annual fee from these licensees. 386 licenses from the NRC to the Agreement State, the NRC has increased This is not a substantive policy Commonwealth of Virginia effective the percentage of materials users change, but rather a calculation change March 31, 2009. regulatory support costs prorated to the that will result in a more accurate Note that the continuing costs of fee-relief activity from 82 percent in FY estimate of the actual costs of oversight and regulatory support for the 2008 to 85 percent in FY 2009. The supporting Agreement State activities.

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Also, Governor Jon Corizine of the required annual fee collection in FY The FY 2009 budget was allocated to the State of New Jersey has by letter dated 2008 was $468.9 million. fee classes that the budgeted activities October 16, 2008, formally requested The Commission has determined (71 support. As such, the final annual fees that the NRC enter into an Agreement FR 30733; May 30, 2006) that the agency for operating reactor, non-power reactor, with his state. If approved by the should proceed with a presumption in fuel facility, most uranium recovery and Commission, this Agreement is favor of rebaselining when calculating small materials licensees increase. Also expected to take effect by September 30, annual fees each year. Under this in FY 2009, generic NRC resources 2009. Approximately 500 NRC licensees method, the NRC’s budget is analyzed in supporting new uranium recovery will be transferred to the State of New detail and budgeted resources are applications are included in the budget Jersey. Because the expected effective allocated to fee classes and categories of allocated to operating power reactors date is September 30, 2009, these licensees. The Commission expects that and fuel facility fee classes. This is licensees will be assessed annual fees by most years there will be budget and because these licensees will potentially NRC for the full year of FY 2009. other changes that warrant the use of the benefit from increased production of Therefore, no changes to the FY 2009 rebaselining method. uranium milled by new uranium fees or the number of NRC licensees As compared to FY 2008 annual fees, recovery facilities. The impact of this have been made for this potential event. rebaselined fees are higher for three allocation on the operating reactors and classes of licensees (power reactors, fuel facilities annual fees is less than 3. Revised Annual Fees non-power reactors, and fuel facilities) one percent. and lower for spent fuel storage/reactor The factors affecting all annual fees The NRC is revising its annual fees in decommissioning licensees. There is no include the distribution of budgeted §§ 171.15 and 171.16 for FY 2009 to change in rebaselined fees for the costs to the different classes of licenses recover approximately 90 percent of the transportation fee class. Within the (based on the specific activities NRC NRC’s FY 2009 budget authority after materials users and uranium recovery will perform in FY 2009), the estimated subtracting the non-fee amounts and the fee classes, annual fees for most part 170 collections for the various estimated amount to be recovered licensees increase, while annual fees for classes of licenses, and allocation of the through part 170 fees. The part 170 some licensees decrease. fee relief to all fee classes. The estimate for this final rule increased by The NRC’s total fee recoverable percentage of the NRC’s budget not approximately $13.7 million from the budget, as mandated by law, has subject to fee recovery remained proposed fee rule based on the latest increased by approximately $92 million unchanged at 10 percent from FY 2008 available invoice data. The total amount in FY 2009 as compared to FY 2008. to FY 2009. to be recovered through annual fees for Much of this increase is for reactor Table V shows the rebaselined annual FY 2009 is decreased to $532.6 million renewal activities, new uranium fees for FY 2009 for a representative list compared with $544.6 million in the recovery facility applications, new of categories of licenses. The FY 2008 proposed fee rule primarily due to the uranium enrichment facility fee is also shown for comparative increase in the part 170 estimate. The applications, and materials licensing. purposes.

TABLE V—REBASELINED ANNUAL FEES FOR FY 2009

FY 2008 FY 2009 Class/category of licenses annual fee final annual fee

Operating Power Reactors (Including Spent Fuel Storage/Reactor Decommissioning Annual Fee) ...... $4,167,000 $4,625,000 Spent Fuel Storage/Reactor Decommissioning ...... 135,000 122,000 Test and Research Reactors (Non-power Reactors) ...... 76,500 87,600 High Enriched Uranium Fuel Facility ...... 3,007,000 4,691,000 Low Enriched Uranium Fuel Facility ...... 899,000 1,649,000 UF6 Conversion Facility ...... 589,000 969,000 Conventional Mills ...... 10,300 31,200 Typical Materials Users: Radiographers (Category 3O) ...... 11,100 22,700 Well Loggers (Category 5A) ...... 3,400 9,700 Gauge Users (Category 3P) ...... 2,100 3,700 Broad Scope Medical (Category 7B) ...... 22,900 36,300

The work papers which support this The budgeted costs allocated to each 2.A.(1), under § 171.16] is final rule show in detail the allocation class of licenses and the calculations of approximately $23 million. This value of NRC’s budgeted resources for each the rebaselined fees are described in is based on the full cost of budgeted class of licenses and how the fees are paragraphs a. through h. of this section. resources associated with all activities calculated. The reports included in Individual values in the tables that support this fee class, which is these work papers summarize the FY presented in this section may not sum reduced by estimated part 170 2009 budgeted FTE and contract dollars to totals due to rounding. collections and adjusted for allocated allocated to each fee class and fee-relief a. Fuel Facilities generic transportation resources, and fee category at the planned activity and relief. In FY 2009, the LLW surcharge The FY 2009 budgeted cost to be program level, and compare these recovered in the annual fees assessment for fuel facilities exceeds the allocated allocations to those used to develop the to the fuel facility class of licenses fee-relief (see Table IV in Section final FY 2008 fees. The work papers are [which includes licensees in fee III.B.1., Application of Fee Relief/ available electronically as stated in the categories 1.A.(1)(a), 1.A.(1)(b), Surcharge, of this document). The ADDRESSES section of this document. 1.A.(2)(a), 1.A.(2)(b), 1.A.(2)(c), 1.E., and summary calculations used to derive

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this value are presented in Table VI for FY 2009, with FY 2008 values shown for comparison.

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES [Dollars in millions]

FY 2008 FY 2009 Summary fee calculations Final Final

Total budgeted resources ...... $31.5 $44.6 Less estimated part 170 receipts ...... ¥17.2 ¥22.0

Net part 171 resources ...... $14.3 $22.6 Allocated generic transportation ...... +0.5 +0.4 Allocated fee relief ...... ¥0.1 +0.2 Billing adjustments ...... ¥0.8 ¥0.2

Total required annual fee recovery ...... $13.9 $23.0

The increase in FY 2009 total material and/or activities, and total Each year, the NRC’s fuel facility budgeted resources allocated to this fee programmatic resources to be recovered project managers and regulatory class compared with FY 2008 is through annual fees. When a license or analysts determine the level of effort primarily due to increases in resources certificate is modified, it may result in associated with regulating each of these for new uranium enrichment facility a change of category for a particular fuel facilities. This is done by assigning, for licensing activities partially offset by a facility licensee as a result of the each fuel facility, separate effort factors higher part 170 revenue estimate. The methodology used in the fuel facility for the safety and safeguards activities part 170 revenue estimate for the FY effort/fee matrix. Consequently, this associated with each type of regulatory 2009 final rule increased by change may also have an effect on the activity. The matrix includes ten types approximately one percent compared fees assessed to other fuel facility of regulatory activities, including with the proposed rule due to increased licensees and certificate holders. For enrichment and scrap/waste related billing for fuel facilities. This results in example, if a fuel facility licensee activities (see the work papers for the lower FY 2009 annual fees for fuel amends its license/certificate (e.g., complete list). Effort factors are assigned facilities in this final fee rule. decommissioning or license as follows: one (low regulatory effort), The total required annual fee recovery termination) that results in it not being five (moderate regulatory effort), and ten amount is allocated to the individual subject to part 171 costs applicable to (high regulatory effort). These effort fuel facility licensees based on the the fee class, then the budgeted costs for factors are then totaled for each fee effort/fee determination matrix the safety and/or safeguards category, so that each fee category has developed for the FY 1999 final fee rule components will be spread among the a total effort factor for safety activities (64 FR 31447; June 10, 1999). In the remaining fuel facility licensees/ and a total effort factor for safeguards matrix included in the NRC publicly certificate holders. activities. available work papers, licensees are The methodology is applied as grouped into categories according to follows. First, a fee category is assigned The effort factors for the various fuel their licensed activities (i.e., nuclear based on the nuclear material and facility fee categories are summarized in material enrichment, processing activity authorized by license or Table VII. The value of the effort factors operations, and material form) and certificate. Although a licensee/ shown, as well as the percent of the according to the level, scope, depth of certificate holder may elect not to fully total effort factor for all fuel facilities, coverage, and rigor of generic regulatory use a license/certificate, the license/ reflects the total regulatory effort for programmatic effort applicable to each certificate is still used as the source for each fee category (not per facility). Note category from a safety and safeguards determining authorized nuclear material that the effort factors for the HEU fee perspective. This methodology can be possession and use/activity. Second, the category have decreased from FY 2008. applied to determine fees for new category and license/certificate The safety and safeguards factors licensees, current licensees, licensees in information are used to determine decreased in FY 2009 to reflect process unique license situations, and certificate where the licensee/certificate holder fits changes such as HEU downblending holders. into the matrix. The matrix depicts the and liquid UF6 workload. Taking into This methodology is adaptable to categorization of licensees/certificate account both of these changes, the total changes in the number of licensees or holders by authorized material types safety and safeguards effort factor certificate holders, licensed or certified and use/activities. change is relatively small.

TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES

Effort factors Number of (percent of total) Facility type (fee category) facilities Safety Safeguards

High Enriched Uranium Fuel (1.A.(1)(a)) ...... 2 87 (33.3) 97 (51.1) Uranium Enrichment (1.E) ...... 2 70 (26.8) 40 (21.1) Low Enriched Uranium Fuel (1.A.(1)(b)) ...... 3 71 (27.2) 26 (13.7) UF6 Conversion (2.A.(1)) ...... 1 12 (4.6) 7 (3.7) Limited Operations (1.A.(2)(a)) ...... 1 12 (4.6) 3 (1.6)

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TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES—Continued

Effort factors Number of (percent of total) Facility type (fee category) facilities Safety Safeguards

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) ...... 1 3 (1.1) 15 (7.9) Hot Cell (1.A.(2)(c)) ...... 1 6 (2.3) 2 (1.1)

The budgeted resources, before the fee percent of the total budgeted resources category based on its percent of the total relief adjustment, for safety activities for safety activities. Similarly, the regulatory effort for both safety and ($13,206,181) are allocated to each fee budgeted resources, before the fee relief safeguards activities. The annual fee per category based on its percent of the total adjustment, for safeguards activities licensee is then calculated by dividing regulatory effort for safety activities. For ($9,613,695) are allocated to each fee the total allocated budgeted resources example, if the total effort factor for category based on its percent of the total for the fee category by the number of safety activities for all fuel facilities is regulatory effort for safeguards licensees in that fee category as 100, and the total effort factor for safety activities. The fuel facility fee class’ summarized in Table VIII. activities for a given fee category is 10, portion of the fee relief adjustment that fee category will be allocated 10 ($176,668) is allocated to each fee

TABLE VIII—ANNUAL FEES FOR FUEL FACILITIES

FY 2009 Facility type (fee category) annual fee

High Enriched Uranium Fuel (1.A.(1)(a)) ...... $4,691,000 Uranium Enrichment (1.E.) ...... 2,804,000 Low Enriched Uranium (1.A.(1)(b)) ...... 1,649,000 UF6 Conversion (2.A.(1)) ...... 969,000 Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) ...... 918,000 Limited Operations Facility (1.A.(2)(a)) ...... 765,000 Hot Cell (and others) (1.A.(2)(c)) ...... 408,000

The NRC does not expect to authorize establishes a new fee category for the 2.A.(2)(a), 2.A.(2)(b), 2.A.(2)(c), operation of any new uranium facility in a subsequent rulemaking. 2.A.(2)(d), 2.A.(2)(e), 2.A.(3), 2.A.(4), enrichment facilities in FY 2009. The b. Uranium Recovery Facilities 2.A.(5) and 18.B., under § 171.16], is annual fee applicable to any type of new approximately $0.51 million. The uranium enrichment facility is the The total FY 2009 budgeted cost to be derivation of this value is shown in annual fee in § 171.16, fee category 1.E., recovered through annual fees assessed Table IX, with FY 2008 values shown to the uranium recovery class [which Uranium Enrichment, unless the NRC for comparison purposes. includes licensees in fee categories

TABLE IX—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions]

Summary fee calculations FY 2008 Final FY 2009 Final

Total budgeted resources ...... $2.56 $7.21 Less estimated part 170 receipts ...... ¥2.02 ¥6.64

Net part 171 resources ...... $0.54 $0.57 Allocated generic transportation ...... + N/A + N/A Allocated fee relief ...... ¥0.03 ¥0.03 Billing adjustments ...... ¥0.06 ¥0.03

Total required annual fee recovery ...... 0.46 0.51

The increase in the total required allocated to operating reactors and fuel compared with the proposed rule due to annual fee recovery is mainly due to an facility licensees because these fee a correction in allocations to the increase in uranium recovery licensing classes would potentially benefit from uranium recovery fee class. These and inspection resources for the existing increased production of the uranium budget resources were incorrectly licensees. In FY 2009, NRC is excluding milled by the new facilities. The generic allocated to generic decommissioning the generic budget resources supporting resources supporting the new uranium activities related to uranium recovery applications for new uranium recovery recovery facilities do not benefit the sites. Therefore, resources from the fee- facilities from the annual fee charged to existing uranium recovery licensees. relief category, generic current uranium recovery licensees. The budgeted resources for the final rule decommissioning/reclamation, were Instead, the budget resources have been increased by approximately $0.2 million shifted to the uranium recovery fee class

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for the final rule. This increase in the NRC’s current level of effort. This further processing of the contained uranium recovery budget allocation was change in the distribution of uranium uranium into yellowcake. offset by the higher part 170 revenue recovery fee class resources between The new 2.A.(2)(c) fee category is for estimate compared with the proposed non-DOE uranium recovery facilities an ISR yellowcake facility with more rule. The annual fee in the final rule and DOE results in a decrease in the than three satellites. These facilities decreased compared with the proposed annual fee for the DOE compared to the have a CPP with the same equipment as primarily due to the $0.3 million increase in the annual fee for most of the fee category as stated previously, but increase in part 170 revenue estimate. the non-DOE facilities. Of the required have four or more satellite facilities, Since FY 2002, the NRC has annual fee collections, $339,000 which necessitates a correspondingly computed the annual fee for the (rounded) will be assessed to DOE for greater allocation of the staff’s generic uranium recovery fee class by allocating licensing its UMTRCA activities as fee resources. the total annual fee amount for this fee category 18.B in § 170.16. The new 2.A.(2)(d) fee category is for class, between the Department of Energy The remaining $171,000 (rounded) a stand-alone ISR resin facility which (DOE) and the other licensees in this fee will be recovered through annual fees performs ISR recovery operations and class. The NRC regulates DOE’s Title I assessed to the other licensees in this includes equipment for the collection of and Title II activities under the fee class (i.e., conventional mills, ISR dissolved uranium from onsite UMTRCA. The Congress established the facilities, 11e.(2) mill tailings disposal underground ore bodies onto ion two programs, Title I and Title II under facilities (incidental to existing tailings exchange resins. The resins are then UMTRCA, to protect the public and the sites), and a uranium water treatment transported to another company’s environment from uranium milling. The facility.) Beginning in FY 2009, NRC is facility for further processing of the UMTRCA Title I program is for remedial replacing the existing single fee collected uranium into yellowcake. action at abandoned mill tailings sites category, 2.A.(2)(b), for uranium ISR The new fee category, 2.A.(2)(e), is for where tailings resulted largely from facilities with four fee categories based a resin toll milling facility. These production of uranium for the weapons on the type of ISR facilities. The facilities do not conduct any onsite program. The NRC also regulates DOE’s addition of the new fee categories recovery of uranium but consist of a UMTRCA Title II program which is reflects the diverse types of uranium CPP for the purpose of processing resins directed toward uranium mill sites recovery facilities planned for from other ISR facilities into licensed by the NRC or Agreement construction and operation in the near yellowcake. Allocation of generic States in or after 1978. future. Additionally, the new fee resources for these facilities is less than In FY 2009, 35 percent of the total categories better reflect the NRC’s that allocated for the other categories of annual fee amount, less the amount regulatory benefit provided to the ISR facilities. specifically budgeted for Title I different types of facilities, both existing The annual fee being assessed to DOE activities ($246,563), is allocated to and planned. includes recovery of the costs DOE’s UMTRCA facilities. The The revised fee category, 2.A.(2)(b), is specifically budgeted for NRC’s Title I remaining 65 percent of the total annual for an ISR yellowcake facility with zero activities plus 35 percent of the fee (less the amount specifically to three satellites. These facilities remaining annual fee amount, including budgeted for Title I activities) is include a central processing plant (CPP) the fee-relief and generic/other costs, for allocated to other licensees. The that includes all the equipment the uranium recovery class. The reduction in resources for licensing the necessary to collect uranium on resin, remaining 65 percent of the fee-relief DOE is based on the reduced effort strip uranium from the resin, and and generic/other costs are assessed to expended for DOE UMTRCA. This is a process the uranium into a yellowcake the other NRC licensees in this fee class change from FY 2008 when the slurry or dried yellowcake powder. that are subject to annual fees. Table X distribution of the annual fee was 40 These facilities may also receive resins shows the costs to be recovered through percent to DOE and 60 percent to non- from up to three satellite facilities annual fees assessed to the uranium DOE licensees. The change reflects operated by the same company for recovery class.

TABLE X—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS

DOE Annual Fee Amount (UMTRCA Title I and Title II) general licenses: UMTRCA Title I budgeted costs ...... $246,563 35 percent of generic/other uranium recovery budgeted costs ...... 101,425 35 percent of uranium recovery fee-relief ...... ¥ 9,400

Total Annual Fee Amount for DOE (rounded) ...... 339,000 Annual Fee Amount for Other Uranium Recovery Licenses: 65 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for Title I activities 188,361 65 percent of uranium recovery fee-relief ...... ¥17,457

Total Annual Fee Amount for Other Uranium Recovery Licenses ...... 170,904

The NRC will continue to use a matrix $171,000, annual fee amount to these fee class (besides DOE). In FY 2009, (which is included in the supporting licensees. This uranium recovery annual these categories are conventional work papers) to determine the level of fee matrix was established in the FY uranium mills and heap leach facilities, effort associated with conducting the 1995 final fee rule (60 FR 32217; June uranium solution mining and resin ISR generic regulatory actions for the 20, 1995). The FY 2009 matrix is facilities mill tailings disposal facilities different (non-DOE) licensees in this fee described as follows. (11e.(2) disposal facilities), and uranium class. The weights derived in this matrix First, the methodology identifies the water treatment facilities. are used to allocate the approximately categories of licenses included in this

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Second, the matrix identifies the The operations, waste operations, and ten (high regulatory benefit). These types of operating activities that support groundwater protection activities have benefit factors are first multiplied by the and benefit these licensees. In FY 2009, weights of 0, 5, and 10, respectively, in relative weight assigned to each activity the activities related to generic the FY 2009 matrix. (described previously). Total benefit decommissioning/reclamation are not Each year, the NRC determines the factors by fee category, and per licensee included in the matrix, because they are level of benefit to each licensee for in each fee category, are then calculated. included in the fee-relief activities. generic uranium recovery program These benefit factors thus reflect the Therefore they are not a factor in activities for each type of generic relative regulatory benefit associated determining annual fees. The activities activity in the matrix. This is done by with each licensee and fee category. included in the FY 2009 matrix are assigning, for each fee category, separate operations, waste operations, and benefit factors for each type of The benefit factors per licensee and groundwater protection. The relative regulatory activity in the matrix. Benefit per fee category, for each of the non- weight of each type of activity is then factors are assigned on a scale of 0 to 10 DOE fee categories included in the determined, based on the regulatory as follows: zero (no regulatory benefit), uranium recovery fee class, are as resources associated with each activity. five (moderate regulatory benefit), and follows:

TABLE XI—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES

Number of Benefit factor Benefit factor Fee category licensees per licensee Total value percent total

Conventional and Heap Leach mills ...... 1 200 200 18 Basic In Situ Recovery facilities ...... 3 190 570 52 Expanded In Situ Recovery facilities ...... 1 215 215 20 11e.(2) disposal incidental to existing tailings sites ...... 1 65 65 6 Uranium water treatment ...... 1 45 45 4

The annual fee per licensee is that fee category as summarized in uranium recovery licensees results in calculated by dividing the total Table XII. Applying these factors to the the following annual fees for FY 2009: allocated budgeted resources for the fee approximately $171,000 in budgeted category by the number of licensees in costs to be recovered from non-DOE

TABLE XII—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES (OTHER THAN DOE)

FY 2009 Facility type (Fee category) annual fee

Conventional and Heap Leach mills (2.A.(2)(a)) ...... $31,200 Basic In Situ Recovery facilities (2.A.(2)(b)) ...... 29,700 Expanded In Situ Recovery facilities (2.A.(2)(c)) ...... 33,600 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ...... 10,100 Uranium water treatment (2.A.(5)) ...... 7,000

c. Operating Power Reactors fees assessed to the power reactor class FY 2008 values are shown for The $468.3 million in budgeted costs was calculated as shown in Table XIII. comparison. to be recovered through FY 2009 annual

TABLE XIII—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS [Dollars in millions]

Summary fee calculations FY 2008 final FY 2009 final

Total budgeted resources ...... $698.8 $761.5 Less estimated part 170 receipts ...... ¥258.1 ¥288.8

Net part 171 resources ...... 440.7 472.7 Allocated generic transportation ...... + 1.0 + 0.9 Allocated fee relief ...... ¥5.9 ¥1.6 Billing adjustments ...... ¥16.5 ¥3.6

Total required annual fee recovery ...... 419.3 468.3

The budgeted costs to be recovered $4,503,000 per reactor. Additionally, FY 2009 annual fee of $4,625,000 for through annual fees to power reactors each power reactor licensed to operate each power reactor licensed to operate. are divided equally among the 104 will be assessed the FY 2009 spent fuel The part 170 revenue estimate for the power reactors licensed to operate. This storage/reactor decommissioning annual final rule increased by approximately results in a FY 2009 annual fee of fee of $122,000. This results in a total $12.1 million compared with the

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proposed rule primarily due to collections and fee-relief adjustment. In fuel storage/reactor decommissioning increased billings for work related to FY 2009, the NRC estimates an increase are to be recovered through annual fees new applications and a correction to in part 170 collections of about 12 assessed to part 50 power reactors, and previous estimates. As a result, the percent for this fee class. These to part 72 licensees who do not hold a annual fee for each power reactor collections offset the required annual part 50 license. Those reactor licensees decreased by approximately two percent fee recovery amount by a total of that have ceased operations and have no in the final rule. approximately $288.8 million. The fuel onsite are not subject to these The annual fee for power reactors amended annual fees for power reactors annual fees. Table XIV shows the increases in FY 2009 compared to FY are presented in § 171.15. calculation of this annual fee amount. 2008 primarily due to an increase in FY 2008 values are shown for budgeted resources for licensing d. Spent Fuel Storage/Reactor renewal activities and other licensing Decommissioning comparison. tasks. This increase is partially offset by For FY 2009, budgeted costs of the higher estimated part 170 approximately $15.1 million for spent

TABLE XIV—ANNUAL FEE SUMMARY CALCULATIONS FOR THE SPENT FUEL STORAGE/REACTOR DECOMMISSIONING FEE CLASS [Dollars in millions]

FY 2008 FY 2009 Summary fee calculations final final

Total budgeted resources ...... $22.4 $21.1 Less estimated part 170 receipts ...... ¥5.3 ¥6.1

Net part 171 resources ...... $17.1 $15.0 Allocated generic transportation ...... + 0.2 + 0.2 Allocated fee relief ...... ¥0.3 ¥0.1 Billing adjustments ...... ¥0.5 ¥0.1

Total required annual fee recovery ...... 16.6 15.1

The required annual fee recovery estimate for the final rule increased by e. Test and Research Reactors (Non- amount is divided equally among 123 approximately 11 percent due to power Reactors) licensees, resulting in a FY 2009 annual increased billings for spent fuel storage Approximately $350,000 in budgeted fee of $122,000 per licensee. The value and a correction to prior estimate, costs is to be recovered through annual of total budgeted resources for this fee which resulted in a lower annual fee fees assessed to the test and research class decreases in FY 2009 compared to compared with the proposed rule. reactor class of licenses for FY 2009. FY 2008 due to a decrease in the Table XV summarizes the annual fee budgeted resources for calculation for test and research reactors decommissioning and the fee-relief for FY 2009. FY 2008 values are shown adjustment. The part 170 revenue for comparison.

TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR TEST AND RESEARCH REACTORS [Dollars in millions]

FY 2008 FY 2009 Summary fee calculations final final

Total budgeted resources ...... $0.99 $1.22 Less estimated part 170 receipts ...... ¥0.66 ¥0.87

Net part 171 resources ...... 0.33 0.35 Allocated generic transportation ...... + 0.01 + 0.01 Allocated fee relief ...... ¥0.01 ¥0.00 Billing adjustments ...... ¥0.02 ¥0.01

Total required annual fee recovery ...... 0.31 0.35

This required annual fee recovery 170 revenue estimate for test and with FY 2008 due to increased billing amount is divided equally among the research reactors class. The part 170 for test and research reactors, including four test and research reactors subject to revenue estimate for the final rule Federal facilities. The Energy Policy Act annual fees, and results in a FY 2009 increased by approximately 21 percent of 2005 authorizes the NRC to bill annual fee of $87,600 for each licensee. due to increased billings, which Federal facilities for part 170 services. The increase in annual fees from FY resulted in a lower annual fee compared f. Rare Earth Facilities 2008 to FY 2009 is due to an increase to the proposed rule. The part 170 in budget resources for license renewal revenue estimates for FY 2009 increased The one licensee who had an NRC activities partially offset by higher part by approximately 32 percent compared specific license for receipt and

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processing of source material under the and no annual fee will be published in materials users licensees. FY 2008 Rare Earth fee class transferred to the FY 2009. NRC has also revised the fee values are shown for comparison. Note Agreement State, Commonwealth of category for this fee class from 2.A.(2)(c) the following fee categories under Pennsylvania, effective March 31, 2008. to 2.A.(2)(f) in FY 2009. § 171.16 are included in this fee class: Because the NRC does not anticipate 1.C., 1.D., 2.B., 2.C., 3.A. through 3.S., g. Materials Users receiving an application for a rare earth 4.A. through 4.C., 5.A., 5.B., 6.A., 7.A. facility this fiscal year, no budget Table XVI shows the calculation of through 7.C., 8.A., 9.A. through 9.D., 16, resources were allocated to this fee class the FY 2009 annual fee amount for and 17.

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions]

FY 2008 FY 2009 Summary fee calculations final final

Total budgeted resources ...... 22.8 28.7 Less estimated part 170 receipts ...... ¥2.0 ¥1.7

Net part 171 resources ...... 20.8 27.0 Allocated generic transportation ...... + 0.9 + 0.8 Allocated surcharge ...... + 0.3 + 0.6 Billing adjustments ...... ¥0.5 ¥0.1

Total required annual fee recovery ...... 21.4 28.4

The annual fee for most material users other regulatory costs to the diverse Surcharge, of this document). This decreased in the final rule compared categories of licenses based on NRC’s adjustment is the result of subtracting with the proposed rule due to an cost to regulate each category. This fee the $96,000 in fee relief (reduction to increase in the part 170 revenue calculation also continues to consider annual fee) allocated to the materials estimate. However, the annual fee for the inspection frequency (priority), users fee class from the approximately fee category 17 increases in the final which is indicative of the safety risk and $712,000 in LLW surcharge costs rule compared with the proposed rule resulting regulatory costs associated allocated to the fee class. due to the NRC’s revision of the average with the categories of licenses. The annual fee for each fee category The annual fee for these categories of professional staff hours for this fee is shown in § 171.16(d). Annual fees for materials users licenses is developed as category. The total required annual fees most fee categories within the materials follows: to be recovered from materials licensees users fee class increase, while some Annual fee = Constant × [Application increased in FY 2009 mainly because of decrease. As indicated previously, Fee + (Average Inspection Cost divided increases in the budgeted resources changes in the FY 2009 annual fees for allocated to this fee class for licensing by Inspection Priority)] + Inspection categories of licensees within the activities, and a lower part 170 estimate. Multiplier × (Average Inspection Cost materials users fee class reflect not only Annual fees for most fee categories divided by Inspection Priority) + change in the budgeted resources within the materials users fee class Unique Category Costs. supporting this fee class, but also increased. The number of licensees The constant is the multiple necessary changes in the estimates of average decreased because of the transfer of to recover approximately $20.5 million professional staff time for materials licensees to the Commonwealth of in general costs (including allocated users license applications and Virginia. Because the agreement with generic transportation costs) and is 1.3 inspections. This is derived from the the Commonwealth of Virginia became for FY 2009. The average inspection cost biennial review performed for the FY effective March 31, 2009, the licensees is the average inspection hours for each that transferred to the Commonwealth of fee category multiplied by the hourly 2009 fee rule (see discussion of the Virginia are subject to one-half of the rate of $257. The inspection priority is biennial review under Section III.A.2., annual fees in FY 2009. the interval between routine Flat Application Fee Changes, of this To equitably and fairly allocate the inspections, expressed in years. The document). Accordingly, the relatively $28.4 million in FY 2009 budgeted costs inspection multiplier is the multiple large percentage increase in the annual to be recovered in annual fees assessed necessary to recover approximately $7.2 fee for many of the fee categories under to the approximately 3,800 diverse million in inspection costs, and is 1.71 § 171.16 is the result of a significant materials users licensees, the NRC will for FY 2009. The unique category costs increase to the average professional staff continue to base the annual fees for each are any special costs that the NRC has time estimates. fee category within this class on the part budgeted for a specific category of h. Transportation 170 application fees and estimated licenses. No unique costs were inspection costs for each fee category. identified for FY 2009. Table XVII shows the calculation of Because the application fees and The annual fee to be assessed to each the FY 2009 generic transportation inspection costs are indicative of the licensee also includes a fee relief budgeted resources to be recovered complexity of the license, this approach adjustment of $616,000 (see Section through annual fees. FY 2008 values are approximately allocates the generic and III.B.1., Application of Fee Relief/ shown for comparison.

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TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION [Dollars in millions]

Summary fee calculations FY 2008 Final FY 2009 Final

Total budgeted resources ...... $5.7 $6.1 Less estimated part 170 receipts ...... ¥2.3 ¥2.9

Net part 171 resources ...... 3.4 3.1

The NRC must approve any package compared with the proposed rule. This percent of the total CoCs compared with used for shipping nuclear material increase in the final rule is primarily FY 2008. before shipment. If the package meets due to approximately five percent The amount of the generic resources NRC requirements, the NRC issues a decrease in the part 170 revenue allocated is calculated by multiplying Radioactive Material Package Certificate estimate as a result of decreased billings the percentage of total CoCs used by of Compliance (CoC) to the organization for transportation-related reviews. each fee class (and DOE) by the total requesting approval of a package. Generic transportation resources generic transportation resources to be Organizations are authorized to ship associated with fee-exempt entities are recovered. In FY 2009, the generic radioactive material in a package not included in this total. These costs transportation cost allocated to the most approved for use under the general are included in the appropriate fee-relief fee classes decreases compared to FY licensing provisions of 10 CFR Part 71. category (e.g., the fee-relief category for 2008 due to a higher part 170 estimate. The resources associated with generic nonprofit educational institutions). The distribution of these resources to transportation activities are distributed the license fee classes and DOE is to the license fee classes based on the Consistent with the policy established shown in Table XVIII. The distribution number of CoCs benefitting (used by) in the NRC’s FY 2006 final fee rule (71 is adjusted to account for the licensees that fee class, as a proxy for the generic FR 30734; May 30, 2006), the NRC will in each fee class that are fee exempt. For transportation resources expended for recover generic transportation costs example, if 3 CoCs benefit the entire test each fee class. unrelated to DOE as part of existing and research reactor class, but only 4 of The total FY 2009 budgeted resources annual fees for license fee classes. NRC 30 test and research reactors are subject for generic transportation activities, will continue to assess a separate annual to annual fees, the number of CoCs used including those to support DOE CoCs, fee under § 171.16, fee category 18.A., to determine the proportion of generic are $3.1 million. The net part 171 for DOE transportation activities. The transportation resources allocated to test resources for these activities in the FY number of CoCs for DOE decreased in and research reactor annual fees equals 2009 final rule increased by $0.1 million FY 2009 resulting in a slightly lower ((4/30)*3), or 0.4 CoCs.

TABLE XVIII—DISTRIBUTION OF GENERIC TRANSPORTATION RESOURCES, FY 2009 [Dollars in millions]

Number CoCs Percentage of Allocated generic License fee class/DOE benefiting fee total CoCs transportation class (or DOE) (percent) resources

Total ...... 121.5 100.0 $3.14 DOE ...... 29.0 23.9 0.75 Operating Power Reactors ...... 34.0 28.0 0.88 Spent Fuel Storage/Reactor Decommissioning ...... 9.0 7.4 0.23 Test and Research Reactors ...... 0.5 0.4 0.01 Fuel Facilities ...... 17.0 14.0 0.44 Materials Users ...... 32.0 26.3 0.83

The NRC will continue to charge DOE approximately six percent compared In 2007, the NRC revised its receipts- an annual fee based on the part 71 CoCs with the proposed rule due to a lower based size standards (72 FR 44951; it holds, and will not allocate these part 170 estimate. August 10, 2007) to conform to the DOE-related resources to other Small Business Agency standards. The 4. Small Entity Fees licensees’ annual fees, because these maximum average gross annual receipts resources specifically support DOE. The small entity annual fee is charged (upper tier) to qualify as a small entity Note that DOE’s annual fee includes a to those licensees who qualify as small were changed to $6.5 million from $5 reduction for the fee relief (see Section entities and who would otherwise be million. The NRC is revising the small III.B.1, Application of Fee Relief/ required to pay annual fees as stipulated entity lower tier receipts-based Surcharge, of this document), resulting under § 171.16(d). Based on an in-depth threshold to $450,000 from $350,000. in a total annual fee of $719,000 for FY analysis conducted in FY 2009, the NRC This change is approximately the same 2009. This fee is the same as last year is reducing the maximum small entity percentage adjustment as the change in primarily due to a decrease in the fee from $2,300 to $1,900 and the lower the upper tier receipts-based standard. generic transportation resources offset tier fee from $500 to $400. This 5. Fee Category Changes by a lower reduction for fee-relief and reduction reflects the decrease in annual billing adjustments. The annual fee for fees for the small materials licensees in The NRC is revising the fee categories DOE in the final rule increased by the past two years. for uranium recovery facilities in

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§ 171.16. The new fee categories better 5. Revising some fee categories to States, 415 U.S. 36 (1974) and Federal reflect the NRC’s regulatory effort better reflect NRC’s regulatory effort; Power Commission v. New England expended for the different types of and Power Company, 415 U.S. 345 (1974). In facilities, both existing and planned. A 6. Making certain administrative these decisions, the Court held that the more detailed discussion is in Section changes for purposes of clarification. IOAA authorizes an agency to charge fees for special benefits rendered to III.B.3.b., Uranium Recovery Facilities, IV. Voluntary Consensus Standards of this document. The NRC is also identifiable persons measured by the modifying footnote 4 in § 171.16 to The National Technology Transfer ‘‘value to the recipient’’ of the agency remove references to uranium milling. and Advancement Act of 1995 (15 service. The meaning of the IOAA was These references no longer apply U.S.C. 3701) requires that Federal further clarified on December 16, 1976, because fee categories under 2.A.(2) agencies use technical standards that are by four decisions of the U.S. Court of related to uranium recovery facilities developed or adopted by voluntary Appeals for the District of Columbia: have been revised. consensus standards bodies unless National Cable Television Association The NRC is also revising the using these standards is inconsistent v. Federal Communications description for fee category 7.A. in with applicable law or is otherwise Commission, 554 F.2d 1094 (DC Cir. § 171.16. The NRC is amending fee impractical. In this final rule, the NRC 1976); National Association of category 7.A., related to medical is amending the licensing, inspection, Broadcasters v. Federal licenses, to more precisely state which and annual fees charged to its licensees Communications Commission, 554 F.2d medical devices it covers. Currently, the and applicants as necessary to recover 1118 (DC Cir. 1976); Electronic fee category applies to teletherapy approximately 90 percent of its budget Industries Association v. Federal devices. The NRC has historically authority in FY 2009, as required by the Communications Commission, 554 F.2d included gamma stereotactic Omnibus Budget Reconciliation Act of 1109 (DC Cir. 1976); and Capital Cities radiosurgery units (gamma knives) in 1990, as amended. This action does not Communication, Inc. v. Federal this category in accordance with constitute the establishment of a Communications Commission, 554 F.2d NUREG 1556, Volume 20, Appendix G. standard that contains generally 1135 (DC Cir. 1976). The Commission’s This amendment explicitly provides applicable requirements. fee guidelines were developed based on these legal decisions. that fee category 7.A. include gamma V. Environmental Impact: Categorical The Commission’s fee guidelines were knives and other similar beam therapy Exclusion devices. upheld on August 24, 1979, by the U.S. The new fee category description does The NRC has determined that this Court of Appeals for the Fifth Circuit in not represent any additions to the types final rule is the type of action described Mississippi Power and Light Co. v. U.S. of licenses regulated by NRC. The in categorical exclusion 10 CFR Nuclear Regulatory Commission, 601 change clarifies the types of licenses 51.22(c)(1). Therefore, neither an F.2d 223 (5th Cir. 1979), cert. denied, covered under specific categories for environmental assessment nor an 444 U.S. 1102 (1980). This court held NRC licensees. environmental impact statement has that— been prepared for the final rule. By its (1) The NRC had the authority to 6. Administrative Amendments very nature, this regulatory action does recover the full cost of providing The NRC applies the 10 percent of its not affect the environment and, services to identifiable beneficiaries; budget that it receives as fee relief under therefore, no environmental justice (2) The NRC could properly assess a OBRA–90 to offset the budget resources issues are raised. fee for the costs of providing routine supporting activities which do not inspections necessary to ensure a VI. Paperwork Reduction Act licensee’s compliance with the Atomic directly benefit current NRC licensees Statement (fee-relief activities). Any remaining Energy Act of 1954, as amended, and This final rule does not contain amount is allocated to all licensees’ with applicable regulations; information collection requirements (3) The NRC could charge for costs annual fees (see Section III.B.1., and, therefore, is not subject to the incurred in conducting environmental Application of Fee Relief/Surcharge, of requirements of the Paperwork reviews required by the National this document). The NRC is replacing Reduction Act of 1995 (44 U.S.C. 3501 Environmental Policy Act (42 U.S.C. the term for this allocated amount in et seq.). 4321); § 171.15 and § 171.16 from ‘surcharge’ (4) The NRC properly included the to ‘fee-relief adjustment’. The new term Public Protection Notification costs of uncontested hearings and of better describes the allocated amount The NRC may not conduct or sponsor, administrative and technical support because the fee relief is a reduction in and a person is not required to respond services in the fee schedule; the annual fee for most fee classes in FY to, a request for information or an (5) The NRC could assess a fee for 2009. The allocation is an adjustment to information collection requirement renewing a license to operate a low- the annual fee. unless the requesting document level radioactive waste burial site; and In summary, the NRC is— displays a currently valid OMB control (6) The NRC’s fees were not arbitrary 1. Using the NRC’s fee relief to reduce number. or capricious. all licensees’ annual fees, based on their With respect to 10 CFR part 171, on percent of the NRC budget; VII. Regulatory Analysis November 5, 1990, the Congress passed 2. Revising the number of NRC With respect to 10 CFR part 170, this OBRA–90, which required that, for FYs licensees due to the Commonwealth of final rule was developed under Title V 1991 through 1995, approximately 100 Virginia becoming an Agreement State of the IOAA (31 U.S.C. 9701) and the percent of the NRC budget authority, effective March 31, 2009; Commission’s fee guidelines. When less appropriations from the NWF, be 3. Establishing rebaselined annual developing these guidelines the recovered through the assessment of fees for FY 2009; Commission took into account guidance fees. OBRA–90 was subsequently 4. Reducing the maximum small provided by the U.S. Supreme Court on amended to extend the 100 percent fee entity fee from $2,300 to $1,900, and the March 4, 1974, in National Cable recovery requirement through FY 2000. lower tier fee from $500 to $400; Television Association, Inc. v. United The FY 2001 Energy and Water

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Development Appropriation Act aggregate amount of these charges reactors, Source material, Special (EWDAA) amended OBRA–90 to among licensees. nuclear material. decrease the NRC’s fee recovery amount This final rule establishes the ■ For the reasons set out in the by 2 percent per year beginning in FY schedules of fees that are necessary to preamble and under the authority of the 2001, until the fee recovery amount was implement the Congressional mandate Atomic Energy Act of 1954, as amended; 90 percent in FY 2005. The FY 2006 for FY 2009. This final rule results in the Energy Reorganization Act of 1974, EWDAA extended this 90 percent fee increases in the annual fees charged to as amended; and 5 U.S.C. 552 and 553, recovery requirement for FY 2006. certain licensees and holders of the NRC is adopting the following Section 637 of the Energy Policy Act of certificates, registrations, and approvals, amendments to 10 CFR parts 170 and 2005 made the 90 percent fee recovery and decreases in annual fees for others. 171. requirement permanent in FY 2007. As Licensees affected by the annual fee a result, the NRC is required to recover increases and decreases include those PART 170—FEES FOR FACILITIES, approximately 90 percent of its FY 2009 that qualify as a small entity under MATERIALS, IMPORT AND EXPORT budget authority, less the amounts NRC’s size standards in 10 CFR 2.810. LICENSES, AND OTHER appropriated from the NWF, WIR, and The Regulatory Flexibility Analysis, REGULATORY SERVICES UNDER THE generic homeland security activities prepared in accordance with 5 U.S.C. ATOMIC ENERGY ACT OF 1954, AS through fees. To comply with this 604, is included as Appendix A to this AMENDED statutory requirement and in accordance final rule. ■ 1. The authority citation for part 170 with § 171.13, the NRC is publishing the The Small Business Regulatory continues to read as follows: amount of the FY 2009 annual fees for Enforcement Act (SBREFA) requires all reactor licensees, fuel cycle licensees, Federal agencies to prepare a written Authority: Section 9701, Pub. L. 97–258, materials licensees, and holders of compliance guide for each rule for 96 Stat. 1051 (31 U.S.C. 9701); Sec. 301, Pub. CoCs, registrations of sealed source and which the agency is required by 5 U.S.C. L. 92–314, 86 Stat. 227 (42 U.S.C. 2201w); devices, and Government agencies. sec. 201, Pub. L. 93–438, 88 Stat. 1242, as 604 to prepare a regulatory flexibility amended (42 U.S.C. 5841); Sec. 205a, Pub. L. OBRA–90, consistent with the analysis. Therefore, in compliance with accompanying Conference Committee 101–576, 104 Stat. 2842, as amended (31 the law, Attachment 1 to the Regulatory U.S.C. 901, 902); Sec. 1704, 112 Stat. 2750 Report, and the amendments to OBRA– Flexibility Analysis is the small entity (44 U.S.C. 3504 note), sec. 623, Pub. L. 109– 90, provides that— compliance guide for FY 2009. 58, 119 Stat. 783 (42 U.S.C. 2201(w)); Sec. (1) The annual fees will be based on 651(e), Pub. L. 109–58, 119 Stat. 806–810 (42 approximately 90 percent of the IX. Backfit Analysis U.S.C. 2014, 2021, 2021b, 2111). Commission’s FY 2009 budget of The NRC has determined that the ■ 2. In § 170.11, the introduction text of $1,045.5 million less the funds directly backfit rule, 10 CFR 50.109, does not appropriated from the NWF to cover the paragraph (a)(1), paragraphs (a)(1)(ii), apply to this final rule and that a backfit (a)(1)(iii) introductory text, (a)(1)(iii)(A), NRC’s high-level waste program, and for analysis is not required for this final WIR, generic homeland security (B), and (C), and paragraph (b) are rule. The backfit analysis is not required revised to read as follows: activities, and less the amount of funds because these amendments do not collected from part 170 fees; require the modification of, or additions § 170.11 Exemptions. (2) The annual fees shall, to the to systems, structures, components, or maximum extent practicable, have a (a) * * * the design of a facility, or the design (1) A request/report submitted to the reasonable relationship to the cost of approval or manufacturing license for a regulatory services provided by the NRC— facility, or the procedures or * * * * * Commission; and organization required to design, (3) The annual fees be assessed to (ii) In response to an NRC request construct, or operate a facility. those licensees the Commission, in its from the Associate Office Director level discretion, determines can fairly, X. Congressional Review Act or above to resolve an identified safety, equitably, and practicably contribute to safeguards, or environmental issue, or to In accordance with the Congressional assist NRC in developing a rulemaking, their payment. Review Act of 1996 (5 U.S.C. 801–808), Part 171, which established annual regulatory guide, policy statement, the NRC has determined that this action fees for operating power reactors, generic letter, or bulletin; or is a major rule and has verified the effective October 20, 1986 (51 FR 33224; (iii) As a means of exchanging determination with the Office of September 18, 1986), was challenged information between industry Information and Regulatory Affairs of and upheld in its entirety in Florida organizations and the NRC. To receive the Office of Management and Budget. Power and Light Company v. United this fee exemption: States, 846 F.2d 765 (DC Cir. 1988), cert. List of Subjects (A) The report should be submitted denied, 490 U.S. 1045 (1989). Further, for the specific purpose of supporting 10 CFR Part 170 the NRC’s FY 1991 annual fee rule ongoing NRC generic regulatory methodology was upheld by the DC Byproduct material, Import and improvements or efforts (e.g., rules, Circuit Court of Appeals in Allied export licenses, Intergovernmental regulations, regulatory guides and Signal v. NRC, 988 F.2d 146 (DC Cir. relations, Non-payment penalties, policy statements) and the agency, at the 1993). Nuclear materials, Nuclear power plants time the document is submitted, plans and reactors, Source material, Special to use it for that purpose. The VIII. Regulatory Flexibility Analysis nuclear material. exemption applies even if ultimately the The NRC is required by the OBRA–90, NRC does not use the document as as amended, to recover approximately 10 CFR Part 171 planned. 90 percent of its FY 2009 budget Annual charges, Byproduct material, (B) The NRC must be the primary authority through the assessment of user Holders of certificates, Registrations, beneficiary of the NRC’s review and fees. This Act further requires that the Approvals, Intergovernmental relations, approval of these documents. This NRC establish a schedule of charges that Non-payment penalties, Nuclear exemption does not apply to a topical fairly and equitably allocates the materials, Nuclear power plants and report submitted for the purpose of

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obtaining NRC approval for future use of exemptions from the requirements of 10 CFR part 55 re-qualification and the report by the industry to address this part as it determines are authorized replacement examinations and tests, licensing or safety issues, even though by law and are otherwise in the public other required reviews, approvals, and the NRC may realize some benefits from interest. Applications for exemption inspections under §§ 170.21 and 170.31 its review and approval of the under this paragraph may include will be calculated using the professional document. activities such as, but not limited to, the staff-hour rate of $257 per hour. (C) The fee exemption is requested in use of licensed materials for educational ■ 4. In § 170.21, in the table, fee writing to the Chief Financial Officer in or noncommercial public displays or category K is revised to read as follows: accordance with 10 CFR 170.5, and the scientific collections. ■ Chief Financial Officer grants this 3. Section 170.20 is revised to read as § 170.21 Schedule of fees for production request in writing. follows: and utilization facilities, review of standard * * * * * § 170.20 Average cost per professional referenced design approvals, special projects, inspections and import and export (b) The Commission may, upon staff-hour. licenses. application by an interested person, or Fees for permits, licenses, upon its own initiative, grant such amendments, renewals, special projects, * * * * *

SCHEDULE OF FACILITY FEES [See footnotes at end of table]

Facility categories and type of fees Fees1, 2

******* K. Import and export licenses: Licenses for the import and export only of production and utilization facilities or the export only of components for produc- tion and utilization facilities issued under 10 CFR Part 110. 1. Application for import or export of production and utilization facilities 4 (including reactors and other facilities) and ex- ports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request ...... $16,700 2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions under 10 CFR 110.41(a)(1)–(8). Application—new license, or amendment; or license exemption request ...... 9,800 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ...... 4,100 4. Application for export of facility components and equipment (examples provided in 10 CFR part 110, Appendix A, Items (5) through (9)) not requiring Commission or Executive Branch review, or obtaining foreign government assur- ances. Application—new license, or amendment; or license exemption request ...... 2,600 5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domes- tic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities. Minor amendment to license ...... 770 1 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under § 2.202 of this chapter or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for ap- provals issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless if the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was pro- vided. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be as- sessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which ex- ceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20. ***** 4 Imports only of major components for end-use at NRC-licensed reactors are now authorized under NRC general import license.

■ 5. In § 170.31, the table is revised to § 170.31 Schedule of fees for materials read as follows: licenses and other regulatory services, including inspections, and import and export licenses. * * * * *

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SCHEDULE OF MATERIALS FEES [See footnotes at end of table]

Category of materials licenses and type of fees1 Fee 2,3

1. Special nuclear material: A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities. (a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] ...... Full Cost (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] ... Full Cost (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities. (a) Facilities with limited operations [Program Code(s): 21310, 21320] ...... Full Cost (b) Gas centrifuge enrichment demonstration facilities ...... Full Cost (c) Others, including hot cell facilities ...... Full Cost B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent Full Cost spent fuel storage installation (ISFSI) [Program Code(s): 23200]. C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application [Program Code(s): 22140] ...... $1,200 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in com- bination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22163, 22170, 23100, $2,400 23300, 23310]. E. Licenses or certificates for construction and operation of a uranium enrichment facility [Program Code(s): 21200] ...... Full Cost 2. Source material: A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride Full Cost [Program Code(s): 11400]. (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leach- ing, ore buying stations, ion exchange facilities and in processing of ores containing source material for extraction of met- als other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. (a) Conventional and Heap Leach facilities [Program Code(s): 11100] ...... Full Cost (b) Basic In Situ Recovery facilities [Program Code(s): ] ...... Full Cost (c) Expanded In Situ Recovery facilities [Program Code(s): ] ...... Full Cost (d) In Situ Recovery Resin facilities ...... Full Cost (e) Resin Toll Milling facilities ...... Full Cost (f) Other facilities [Program Code(s): 11700] ...... Full Cost (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from Full Cost other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600]. (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from Full Cost other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licens- ee’s milling operations, except those licenses subject to the fees in Category 2.A.(2). (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from Full Cost drinking water. B. Licenses which authorize the possession, use, and/or installation of source material for shielding. Application [Program Code(s): 11210] ...... $570 C. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ...... $10,100 3. Byproduct material: A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Application [Program Code(s): 03211, 03212, 03213] ...... $12,000 B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manu- facturing of items containing byproduct material for commercial distribution. Application [Program Code(s): 03214, 03215, 22135, 22162] ...... $4,500 C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribu- tion or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manu- facturing is exempt under § 170.11(a)(4). These licenses are covered by fee Category 3.D. Application [Program Code(s): 02500, 02511, 02513] ...... $6,500 D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct material. This category includes licenses issued under §§ 32.72 and/or 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Application [Program Code(s): 02512, 02514] ...... $4,400 E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520] ...... $3,000 F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of ma- terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra- diation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03511] ...... $6,000

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SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees1 Fee 2,3

G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of mate- rials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradia- tion of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03521] ...... $28,700 H. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the li- censing requirements of part 30 of this chapter. Application [Program Code(s): 03255] ...... $5,500 I. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03250, 03251, 03252, 03253, 03254, 03256] ...... $10,000 J. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not in- clude specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally li- censed under part 31 of this chapter. Application [Program Code(s): 03240, 03241, 03243] ...... $1,800 K. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been author- ized for distribution to persons generally licensed under part 31 of this chapter. Application [Program Code(s): 03242, 03244] ...... $1,100 L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for re- search and development that do not authorize commercial distribution. Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ...... $10,100 M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and devel- opment that do not authorize commercial distribution. Application [Program Code(s): 03620] ...... $3,500 N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C. Application [Program Code(s): 03219, 03225, 03226] ...... $6,100 O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography op- erations. Application [Program Code(s): 03310, 03320] ...... $5,800 P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, $1,400 03810, 22130]. Q. Registration of a device(s) generally licensed under part 31 of this chapter. Registration ...... $310 R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section.6 1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal to 10 times the number of items or limits specified. Application [Program Code(s): 02700] ...... $1,180 2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4), or fee cat- egory (5).C. Application [Program Code(s): 02710] ...... $1,400 S. Licenses for production of accelerator-produced radionuclides. Application [Program Code(s): 03210] ...... $6,500 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material.. [Program Code(s): 03231, 03233, 03235, 03236, 06100, 06101] ...... Full Cost B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by trans- fer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234] ...... $4,400 C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03232] ...... $4,600 5. Well logging:

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SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees1 Fee 2,3

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110, 03111, 03112] ...... $3,400 B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s): 03113] ...... Full Cost 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. Application [Program Code(s): 03218] ...... $20,500 7. Medical licenses: A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Application [Program Code(s): 02300, 02310] ...... $11,200 B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byprod- uct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Application [Program Code(s): 02110] ...... $8,000 C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate- rial, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ...... $2,300 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activi- ties. Application [Program Code(s): 03710] ...... $1,180 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, ex- cept reactor fuel devices, for commercial distribution. Application—each device ...... $8,300 B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manu- factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. Application—each device ...... $8,300 C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except re- actor fuel, for commercial distribution. Application—each source ...... $5,800 D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufac- tured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source ...... $980 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ...... Full Cost 2. Other Casks ...... Full Cost B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators. Application ...... $3,100 Inspections ...... Full Cost 2. Users. Application ...... $3,100 Inspections ...... Full Cost C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization Full Cost devices). 11. Review of standardized spent fuel facilities ...... Full Cost 12. Special projects: Including approvals, preapplication/licensing activities, and inspections ...... Full Cost 13. A. Spent fuel storage cask Certificate of Compliance ...... Full Cost B. Inspections related to storage of spent fuel under § 72.210 of this chapter ...... Full Cost 14. A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamina- Full Cost tion, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter. B. Site-specific decommissioning activities associated with unlicensed sites, regardless of whether or not the sites have been Full Cost previously licensed. 15. Import and Export licenses: Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, trit- ium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E). A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request ...... $16,700

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SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees1 Fee 2,3

B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires NRC to consult with domestic host state authorities, Low-Level Radioactive Waste Compact Commission, the U.S. Environ- mental Protection Agency, etc. Application—new license, or amendment; or license exemption request ...... $9,800 C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ...... $4,100 D. Application for export or import of nuclear material, including radioactive waste, not requiring Commission or Executive Branch review, or obtaining foreign government assurances. This category includes applications for export or import of ra- dioactive waste where the NRC has previously authorized the export or import of the same form of waste to or from the same or similar parties located in the same country, requiring only confirmation from the receiving facility and licensing au- thorities that the shipments may proceed according to previously agreed understandings and procedures. Application—new license, or amendment; or license exemption request ...... $2,600 E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic in- formation, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign government authorities. Minor amendment ...... $770 Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of ra- dioactive material listed in Appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.).5 Category 1 Exports: F. Application for export of Category 1 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). Application—new license, or amendment; or license exemption request ...... $16,700 G. Application for export of Category 1 materials requiring Executive Branch review, Commission review, and/or government- to-government consent. Application—new license, or amendment; or license exemption request ...... $9,800 H. Application for export of Category 1 materials requiring Commission review and government-to-government consent. Application—new license, or amendment; or license exemption request ...... $6,200 I. Application for export of Category 1 material requiring government-to-government consent. Application—new license, or amendment; or license exemption request ...... $5,100 Category 2 Exports: J. Application for export of Category 2 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). Application—new license, or amendment; or license exemption request ...... $16,700 K. Applications for export of Category 2 materials requiring Executive Branch review and/or Commission review. Application—new license, or amendment; or license exemption request ...... $9,800 L. Application for the export of Category 2 materials. Application—new license, or amendment; or license exemption request ...... $4,600 Category 1 Imports: M. Application for the import of Category 1 material requiring Commission review. Application—new license, or amendment; or license exemption request ...... $4,900 N. Application for the import of Category 1 material. Application—new license, or amendment; or license exemption request ...... $4,100 Category 2 Imports: O. Application for the import of Category 2 material. Application—new license, or amendment; or license exemption request ...... $3,600 Category 1 Imports with Agent and Multiple Licensees: P. Application for the import of Category 1 material with agent and multiple licensees requiring Commission review. Application—new license, or amendment; or license exemption request ...... $5,700 Q. Application for the import of Category 1 material with agent and multiple licensees. Application B new license, or amendment; or license exemption request ...... $4,600 Minor Amendments (Category 1 and 2 Export and Imports): R. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic in- formation, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign authorities. Minor amendment ...... $770 16. Reciprocity. Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20. Application ...... $1,800 17. Master materials licenses of broad scope issued to Government agencies: Application ...... $73,100 18. Department of Energy. A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (including spent fuel, high-level waste, Full Cost and other casks, and plutonium air packages). B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ...... Full Cost 1 Types of fees—Separate charges, as shown in the schedule, will be assessed for pre-application consultations and reviews; applications for new licenses, approvals, or license terminations; possession only licenses; issuance of new licenses and approvals; certain amendments and re- newals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain inspections. The following guidelines apply to these charges:

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(a) Application and registration fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, terminated, or inactive licenses except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category. (1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category. (2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee Category 1.C. only. (b) Licensing fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing licenses, pre-application consultations and reviews of other documents submitted to NRC for review, and project manager time for fee categories subject to full cost fees, are due upon notification by the Commission in accordance with § 170.12(b). (c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category would apply. (d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and non-routine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c). (e) Generally licensed device registrations under 10 CFR 31.5. Submittals of registration information must be accompanied by the prescribed fee. 2 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Categories 9.A. through 9.D. 3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in § 170.20 in effect when the service is provided, and the appropriate contractual support services expended. For applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending com- pletion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amend- ment, revision, or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20. 4 Licensees paying fees under Categories 1.A., 1.B., and 1.E. are not subject to fees under Categories 1.C. and 1.D. for sealed sources au- thorized in the same license except for an application that deals only with the sealed sources authorized by the license. 5 For a combined import and export license application for material listed in Appendix P to part 110 of this chapter, only the higher of the two applicable fee amounts must be paid. 6 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.)

PART 171—ANNUAL FEES FOR § 171.15 Annual fees: Reactor licenses (2) The FY 2009 annual fee is REACTOR LICENSES AND FUEL and independent spent fuel storage comprised of a base spent fuel storage/ CYCLE LICENSES AND MATERIALS licenses. reactor decommissioning annual fee LICENSES, INCLUDING HOLDERS OF * * * * * (which is also included in the operating CERTIFICATES OF COMPLIANCE, (b)(1) The FY 2009 annual fee for each power reactor annual fee shown in REGISTRATIONS, AND QUALITY operating power reactor which must be paragraph (b) of this section), and an ASSURANCE PROGRAM APPROVALS collected by September 30, 2009, is additional charge (fee-relief adjustment). AND GOVERNMENT AGENCIES $4,503,000. The activities comprising the FY 2009 LICENSED BY THE NRC fee-relief adjustment are shown in (2) The FY 2009 annual fee is paragraph (d)(1) of this section. The comprised of a base annual fee for ■ 6. The authority citation for part 171 activities comprising the FY 2009 spent power reactors licensed to operate, a continues to read as follows: fuel storage/reactor decommissioning base spent fuel storage/reactor rebaselined annual fee are: Authority: Section 7601, Pub. L. 99–272, decommissioning annual fee, and * * * * * 100 Stat. 146, as amended by Sec. 5601, Pub. associated additional charges (fee-relief (d)(1) The fee-relief adjustment L. 100–203, 101 Stat. 1330, as amended by adjustment). The activities comprising allocated to annual fees includes a Sec. 3201, Pub. L. 101–239, 103 Stat. 2132, the FY 2009 spent storage/reactor as amended by Sec. 6101, Pub. L. 101–508, surcharge for the activities listed in decommissioning base annual fee are 104 Stat. 1388, as amended by Sec. 2903a, paragraph (d)(1)(i) of this section, plus Pub. L. 102–486, 106 Stat. 3125 (42 U.S.C. shown in paragraphs (c)(2)(i) and (ii) of the amount remaining after total 2213, 2214), and as amended by Title IV, this section. The activities comprising budgeted resources for the activities Pub. L. 109–103, 119 Stat. 2283 (42 U.S.C. the FY 2009 fee-relief adjustment are included in paragraphs (d)(1)(ii) and 2214); Sec. 301, Pub. L. 92–314, 86 Stat. 227 shown in paragraph (d)(1) of this (d)(1)(iii) of this section is reduced by (42 U.S.C. 2201w); Sec. 201, Pub. L. 93–438, section. The activities comprising the the appropriations NRC receives for 88 Stat. 1242, as amended (42 U.S.C. 5841); FY 2009 base annual fee for operating these types of activities. If the NRC’s Sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 power reactors are as follows: note), Sec. 651(e), Pub. L.109–58, 119 Stat. appropriations for these types of 806–810 (42 U.S.C. 2014, 2021, 2021b, 2111). * * * * * activities are greater than the budgeted (c)(1) The FY 2009 annual fee for each resources for the activities included in ■ 7. In § 171.15, paragraph (b)(1), the power reactor holding a 10 CFR part 50 paragraphs (d)(1)(ii) and (d)(1)(iii) of introductory text of paragraph (b)(2), license that is in a decommissioning or this section for a given FY, an annual paragraph (c)(1), the introductory text of possession only status and has spent fee reduction will be allocated to annual paragraph (c)(2) and the introductory fuel onsite, and each independent spent fees. The activities comprising the FY text of paragraph (d)(1), and paragraphs fuel storage 10 CFR part 72 licensee who 2009 fee-relief adjustment are as (d)(2), (d)(3), and paragraph (e), are does not hold a 10 CFR part 50 license follows: revised to read as follows: is $122,000. * * * * *

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(2) The total FY 2009 fee-relief approximately ¥$646. This amount is (b) The annual fee is comprised of a adjustment allocated to the operating calculated by dividing the total fee-relief base annual fee and an allocation for power reactor class of licenses is ¥$1.6 adjustment costs allocated to this class fee-relief adjustment. The activities million, not including the amount by the total number of power reactor comprising the fee-relief adjustment are allocated to the spent fuel storage/ licenses, except those that permanently shown in paragraph (e) of this section. reactor decommissioning class. The FY ceased operations and have no fuel The base annual fee is the sum of 2009 operating power reactor fee-relief onsite, and 10 CFR part 72 licensees budgeted costs for the following adjustment to be assessed to each who do not hold a 10 CFR part 50 activities: operating power reactor is license. * * * * * approximately ¥$15,400. This amount (e) The FY 2009 annual fees for is calculated by dividing the total licensees authorized to operate a test (c) A licensee who is required to pay operating power reactor fee-relief and research (non-power) reactor an annual fee under this section may adjustment (¥$1.6 million) by the licensed under part 50 of this chapter, qualify as a small entity. If a licensee number of operating power reactors unless the reactor is exempted from fees qualifies as a small entity and provides (104). under § 171.11(a), are as follows: the Commission with the proper Research reactor ...... $87,600 certification along with its annual fee (3) The FY 2009 fee-relief adjustment Test reactor ...... $87,600 allocated to the spent fuel storage/ payment, the licensee may pay reduced reactor decommissioning class of ■ 8. In § 171.16, the introductory text of annual fees as shown in the following licenses is ¥$79,500. The FY 2009 paragraph (b), paragraphs (c) and (d), table. Failure to file a small entity spent fuel storage/reactor and the introductory text of paragraph certification in a timely manner could decommissioning fee-relief adjustment (e) are revised to read as follows: result in the denial of any refund that might otherwise be due. The small to be assessed to each operating power § 171.16 Annual fees: Materials licensees, reactor, each power reactor in holders of certificates of compliance, entity fees are as follows: decommissioning or possession only holders of sealed source and device status that has spent fuel onsite, and to registrations, holders of quality assurance each independent spent fuel storage 10 program approvals, and government CFR part 72 licensee who does not hold agencies licensed by the NRC. a 10 CFR part 50 license is * * * * *

Maximum annual fee per licensed category

Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): $450,000 to $6.5 million ...... $1,900 Less than $450,000 ...... 400 Small Not-For-Profit Organizations (Annual Gross Receipts): $450,000 to $6.5 million ...... 1,900 Less than $450,000 ...... 400 Manufacturing entities that have an average of 500 employees or fewer: 35 to 500 employees ...... 1,900 Fewer than 35 employees ...... 400 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 1,900 Fewer than 20,000 ...... 400 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 35 to 500 employees ...... 1,900 Fewer than 35 employees ...... 400

(d) The FY 2009 annual fees are relief adjustment are shown for certificates, registrations or approvals comprised of a base annual fee and an convenience in paragraph (e) of this subject to fees under this section are allocation for fee-relief adjustment. The section. The FY 2009 annual fees for shown in the following table: activities comprising the FY 2009 fee- materials licensees and holders of

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC [See footnotes at end of table]

Category of materials licenses Annual fees1,2,3

1. Special nuclear material: A. (1) Licenses for possession and use of U-235 or plutonium for fuel fabrication activities.. (a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] ...... $4,691,000 (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] ...... 1,649,000 (2) All other special nuclear materials licenses not included in Category. 1.A.(1) which are licensed for fuel cycle activities. (a) Facilities with limited operations [Program Code(s): 21310, 21320] ...... 765,000 (b) Gas centrifuge enrichment demonstration facilities ...... 918,000 (c) Others, including hot cell facilities ...... 408,000

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table]

Category of materials licenses Annual fees1,2,3

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) [Program Code(s): 23200] ...... 11N/A C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in in- dustrial measuring systems, including x-ray fluorescence analyzers [Program Code(s): 22140] ...... 2,700 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the li- censee shall pay the same fees as those for Category 1.A.(2) [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22163, 22170, 23100, 23300, 23310] ...... 7,600 E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] ...... 2,804,000 2. Source material: A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride [Program Code(s): 11400] ...... 969,000 (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching, ore buying stations, ion exchange facilities and in-processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. (a) Conventional and Heap Leach facilities [Program Code(s): 11100] ...... 31,200 (b) Basic In Situ Recovery facilities [Program Code(s):] ...... 29,700 (c) Expanded In Situ Recovery facilities [Program Code(s):] ...... 33,600 (d) In Situ Recovery Resin facilities ...... 5 N/A (e) Resin Toll Milling facilities ...... 5 N/A (f) Other facilities4 [Program Code(s): 11700] ...... 5 N/A (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600] ...... 5 N/A (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings gen- erated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) ...... 10,100 (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from drinking water ...... 7,000 B. Licenses that authorize only the possession, use and/or installation of source material for shielding [Program Code(s): 11210] ...... 1,310 C. All other source material licenses [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ...... 17,400 3. Byproduct material: A. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution [Pro- gram Code(s): 03211, 03212, 03213] ...... 40,000 B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution [Program Code(s): 03214, 03215, 22135, 22162] ...... 10,300 C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter authorizing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices con- taining byproduct material. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when included on the same license. This category does not apply to li- censes issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 171.11(a)(1). These licenses are covered by fee under Category 3.D. [Program Code(s): 02500, 02511, 02513] 13,500 D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribu- tion of radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of by- product material. This category includes licenses issued under §§ 32.72 and 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 171.11(a)(1). This category also in- cludes the possession and use of source material for shielding authorized under part 40 of this chapter when in- cluded on the same license [Program Code(s): 02512, 02514] ...... 8,700 E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] ...... 6,600 F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03511] ...... 12,700 G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03521] ...... 62,800 H. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter, except spe- cific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03255] ...... 8,300

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table]

Category of materials licenses Annual fees1,2,3

I. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing re- quirements of part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Pro- gram Code(s): 03250, 03251, 03252, 03253, 03254, 03256] ...... 14,900 J. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03240, 03241, 03243] ...... 3,300 K. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally li- censed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244] ...... 2,500 L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ...... 19,800 M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution [Program Code(s): 03620] ...... 7,500 N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C. [Program Code(s): 03219, 03225, 03226] ...... 11,400 O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiog- raphy operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license [Program Code(s): 03310, 03320] ...... 22,700 P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 03810, 22130] ...... 3,700 Q. Registration of devices generally licensed under part 31 of this chapter ...... 13 N/A R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section:14. 1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal to 10 times the number of items or limits specified [Program Code(s): 02700] ...... 3,300 2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4), or (5) [Program Code(s): 02710] ...... 3,700 S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ...... 12,200 4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear ma- terial from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or li- censes for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material [Pro- gram Code(s): 03231, 03233, 03235, 03236, 06100, 06101] ...... 5 N/A B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear ma- terial from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material [Program Code(s): 03234] ...... 18,700 C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person au- thorized to receive or dispose of the material [Program Code(s): 03232] ...... 11,800 5. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies [Program Code(s): 03110, 03111, 03112] ...... 9,700 B. Licenses for possession and use of byproduct material for field flooding tracer studies [Program Code(s): 03113] 5 N/A 6. Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material [Program Code(s): 03218] ...... 35,400 7. Medical licenses: A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source ma- terial, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, tele- therapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license [Program Code(s): 02300, 02310] ...... 17,500 B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material except li- censes for byproduct material, source material, or special nuclear material in sealed sources contained in tele- therapy devices. This category also includes the possession and use of source material for shielding when au- thorized on the same license.9 [Program Code(s): 02110] ...... 36,300

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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table]

Category of materials licenses Annual fees1,2,3

C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material except licenses for byproduct material, source material, or special nu- clear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ...... 6,200 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil de- fense activities [Program Code(s): 03710] ...... 3,300 9. Device, product, or sealed source safety evaluation: A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source mate- rial, or special nuclear material, except reactor fuel devices, for commercial distribution ...... 10,400 B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source mate- rial, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices ...... 10,400 C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution ...... 7,300 D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel ...... 1,200 10. Transportation of radioactive material: A. Certificates of Compliance or other package approvals issued for design of casks, packages, and shipping con- tainers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ...... 6 N/A 2. Other Casks ...... 6 N/A B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators ...... 6 N/A 2. Users ...... 6 N/A C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immo- bilization devices) ...... 6 N/A 11. Standardized spent fuel facilities ...... 6 N/A 12. Special Projects ...... 6 N/A 13. A. Spent fuel storage cask Certificate of Compliance ...... 6 N/A B. General licenses for storage of spent fuel under 10 CFR 72.210 ...... 12 N/A 14. Decommissioning/Reclamation: A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decon- tamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter ...... 7 N/A B. Site-specific decommissioning activities associated with unlicensed sites, whether or not the sites have been pre- viously licensed ...... 7 N/A 15. Import and Export licenses ...... 8 N/A 16. Reciprocity ...... 8 N/A 17. Master materials licenses of broad scope issued to Government agencies ...... 187,000 18. Department of Energy: A. Certificates of Compliance ...... 10 719,000 B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ...... 339,000 1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1, 2007, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certifi- cate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. Licensees paying annual fees under Category 1.A.(1) are not subject to the annual fees for Categories 1.C. and 1.D. for sealed sources authorized in the license. 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. 3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the FEDERAL REGISTER for notice and comment. 4 Another license includes licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider es- tablishing an annual fee for this type of license. 6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily at- tributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are li- censed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under Categories 7.B. or 7.C. 10 This includes Certificates of Compliance issued to DOE that are not funded from the Nuclear Waste Fund. 11 See § 171.15(c). 12 See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this cat- egory will be recovered through 10 CFR part 170 fees.

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14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.)

(e) The fee-relief adjustment allocated OBRA–90 requires that the schedule of larger competitors because the proposed fees to annual fees includes the budgeted charges established by rulemaking should would be identical for both small and large resources for the activities listed in fairly and equitably allocate the total amount firms. to be recovered from the NRC’s licensees and 2. Some firms would be forced to cancel paragraph (e)(1) of this section, plus the be assessed under the principle that licensees their licenses. A licensee with receipts of less total budgeted resources for the who require the greatest expenditure of than $500,000 per year stated that the activities included in paragraphs (e)(2) agency resources pay the greatest annual proposed rule would, in effect, force it to and (e)(3) of this section as reduced by charges. Since FY 1991, the NRC has relinquish its soil density gauge and license, the appropriations NRC receives for complied with OBRA–90 by issuing a final thereby reducing its ability to do its work these types of activities. If the NRC’s rule that amends its fee regulations. These effectively. Other licensees, especially well- appropriations for these types of final rules have established the methodology loggers, noted that the increased fees would activities are greater than the budgeted used by the NRC in identifying and force small businesses to abandon the determining the fees to be assessed and materials license altogether. Commenters resources for the activities included in collected in any given FY. estimated that the proposed rule would cause paragraphs (e)(2) and (e)(3) of this The Commission is rebaselining its part roughly 10 percent of the well-logging section for a given FY, a negative fee- 171 annual fees in FY 2009. Rebaselining fees licensees to terminate their licenses relief adjustment (or annual fee results in increased annual fees for three immediately and approximately 25 percent to reduction) will be allocated to annual classes of licensees (power reactors, non- terminate before the next annual assessment. fees. The activities comprising the FY power reactors, and fuel facilities), and 3. Some companies would go out of 2009 fee-relief adjustment are as decreased annual fees for two classes of business. follows: licensees (spent fuel storage/reactor 4. Some companies would have budget decommissioning and transportation). Within problems. Many medical licensees noted * * * * * the materials users and uranium recovery fee that, along with reduced reimbursements, the Dated at Rockville, Maryland, this 26th day classes, annual fees for most licensees proposed increase of the existing fees and the of May 2009. increase, while annual fees for some introduction of additional fees would licensees decrease. significantly affect their budgets. Others For the Nuclear Regulatory Commission. The Small Business Regulatory noted that, in view of the cuts by Medicare J.E. Dyer, Enforcement Act (SBREFA) provides and other third party carriers, the fees would Chief Financial Officer. Congress with the opportunity to review produce a hardship difficult for some agency rules before they go into effect. Under facilities to meet. Note: This Appendix Will Not Appear in this legislation, the NRC annual fee rule is Over 3,000 licenses, approvals, and the Code of Federal Regulations. considered a ‘‘major’’ rule and must be registration terminations have been requested reviewed by Congress and the Comptroller since the NRC first established annual fees APPENDIX A TO THIS FINAL RULE— General before the rule becomes effective. for materials licenses. Although some REGULATORY FLEXIBILITY The Small Business Regulatory terminations were requested because the ANALYSIS FOR THE FINAL Enforcement Act also requires that an agency license was no longer needed or could be AMENDMENTS TO 10 CFR PART 170 prepare a guide to assist small entities in combined with registrations, indications are (LICENSE FEES) AND 10 CFR PART complying with each rule for which a final that the economic impact of the fees caused 171 (ANNUAL FEES) RFA is prepared. As required by law, this other terminations. analysis and the small entity compliance To alleviate the significant impact of the I. Background guide (Attachment 1) have been prepared for annual fees on a substantial number of small the FY 2009 fee rule as required by law. entities, the NRC considered the following The Regulatory Flexibility Act (RFA), as alternatives in accordance with the RFA in amended 5 U.S.C. 601 et seq., requires that II. Impact on Small Entities developing each of its fee rules since FY agencies consider the impact of their The fee rule results in substantial fees 1991. rulemakings on small entities and, consistent charged to those individuals, organizations, 1. Base fees on some measure of the with applicable statutes, consider and companies licensed by the NRC, amount of radioactivity possessed by the alternatives to minimize these impacts on the including those licensed under the NRC licensee (e.g., number of sources). businesses, organizations, and government materials program. Comments received on 2. Base fees on frequency of use of licensed jurisdictions to which they apply. previous proposed fee rules and the small radioactive material (e.g., volume of The NRC has established standards for entity certifications in response to previous patients). determining which NRC licensees qualify as final fee rules indicate that licensees 3. Base fees on the NRC size standards for small entities (10 CFR 2.810). These qualifying as small entities under the NRC’s small entities. standards were based on the Small Business size standards are primarily materials The NRC has reexamined its previous Administration’s most common receipts- licensees. Therefore, this analysis will focus evaluations of these alternatives and based size standards and provides for on the economic impact of fees on materials continues to believe that a maximum fee for business concerns that are manufacturing licensees. In FY 2008, about 26 percent of small entities is the most appropriate and entities. The NRC uses the size standards to these licensees (approximately 1,100 effective option for reducing the impact of reduce the impact of annual fees on small licensees) qualified as small entities. fees on small entities. entities by establishing a licensee’s eligibility Commenters on previous fee rulemakings to qualify for a maximum small entity fee. consistently indicated that the following III. Maximum Fee The small entity fee categories in § 171.16(c) would occur if the proposed annual fees were The RFA and its implementing guidance of this final rule are based on the NRC’s size not modified: do not provide specific guidelines on what standards. 1. Large firms would gain an unfair constitutes a significant economic impact on The NRC is required each year, under competitive advantage over small entities. a small entity; therefore, the NRC has no OBRA–90, as amended, to recover Commenters noted that small and very small benchmark to assist it in determining the approximately 90 percent of its budget companies (‘‘Mom and Pop’’ operations) amount or percent of gross receipts that authority (less amounts appropriated from would find it more difficult to absorb the should be charged to a small entity. In the NWF and for other activities specifically annual fee than a large corporation or a high- developing the maximum small entity annual removed from the fee base), through fees to volume type of operation. In competitive fee in FY 1991, the NRC examined 10 CFR NRC licensees and applicants. In total, the markets, such as soil testing, annual fees part 170 licensing and inspection fees and NRC is required to bill approximately $866.5 would put small licensees at an extreme Agreement State fees for fee categories which million in fees for FY 2009. competitive disadvantage with their much were expected to have a substantial number

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of small entities. Six Agreement States 25 percent, the same percentage increase to be able to predict changes in their fee in the (Washington, Texas, Illinois, Nebraska, New the maximum small entity annual fee, biennial year based on the small materials York, and Utah), were used as benchmarks in resulting in the lower tier small entity fee fees for the previous two years. Using a two- the establishment of the maximum small increasing from $400 to $500 in FY 2000. year weighted average will smooth the entity annual fee in FY 1991. The NRC stated in the RFA for the FY 2001 fluctuations caused by programmatic and The NRC maximum small entity fee was final fee rule that it would re-examine the budget variables and will reflect the established as an annual fee only. In addition small entity fees every two years, in the same importance of the fee categories with the to the annual fee, NRC small entity licensees years in which it conducts the biennial majority of small entities. Since the current were required to pay amendment, renewal review of fees as required by the Chief small entity annual fee of $2,300 is 39 and inspection fees. In setting the small Financial Officers Act. Accordingly, the NRC percent of the two-year weighted average for entity annual fee, NRC ensured that the total examined the small entity fees again in FY all fee categories in FY 2005 and FY 2006 amount small entities paid would not exceed 2003 and FY 2005, determining that a change that have an upper tier small entity licensee, the maximum paid in the six benchmark was not warranted to those fees established the agency will retain the 39 percent as the Agreement States. in FY 2001. percentage applied to the prior two-year Of the six benchmark states, the NRC used As part of the small entity review in FY weighted average of small materials users Washington’s maximum Agreement State fee 2007, the NRC also considered whether it fees. The lower tier annual fee remains at 22 of $3,800 as the ceiling for total fees. Thus should establish reduced fees for small percent of the maximum small entity annual NRC’s small entity fee was developed to entities under part 170. The NRC received fee. ensure that the total fees paid by NRC small one comment requesting that small entity IV. Summary entities would not exceed $3,800. Given the fees be considered for certain export licenses, NRC’s FY 1991 fee structure for inspections, particularly in light of the recent increases to The NRC has determined that the 10 CFR amendments, and renewals, a small entity part 170 fees for these licenses. Because the part 171 annual fees significantly impact a annual fee established at $1,800 allowed the NRC’s part 170 fees are not assessed to a substantial number of small entities. A total fee (small entity annual fee plus yearly licensee or applicant on a regular basis (i.e., maximum fee for small entities strikes a average for inspections, amendments and they are only assessed when a licensee or balance between the requirement to recover renewal fees) for all categories to fall under applicant requests a specific service from the 90 percent of the NRC budget and the the $3,800 ceiling. NRC), the NRC does not believe that the requirement to consider means of reducing In FY 1992, the NRC introduced a second, impact of its part 170 fees warrants a fee the impact of the fee on small entities. Based lower tier to the small entity fee in response reduction for small entities, in addition to the on its regulatory flexibility analysis, the NRC to concerns that the $1,800 fee, when added part 171 small entity fee reduction. Regarding concludes that a maximum annual fee of to the license and inspection fees, still export licenses, the NRC notes that interested $1,900 for small entities and a lower-tier imposed a significant impact on small parties can submit a single application for a small entity annual fee of $400 for small entities with relatively low gross annual broad scope, multi-year license that permits businesses and not-for-profit organizations receipts. For purposes of the annual fee, each exports to multiple countries. Because the with gross annual receipts of less than small entity size standard was divided into NRC charges fees per application, this $450,000, small governmental jurisdictions an upper and lower tier. Small entity process minimizes the fees for export with a population of fewer than 20,000, small licensees in the upper tier continued to pay applicants. Because a single NRC fee can manufacturing entities that have fewer than an annual fee of $1,800 while those in the cover numerous exports, and because there 35 employees, and educational institutions lower tier paid an annual fee of $400. are a limited number of entities who apply that are not State or publicly supported and Based on the changes that had occurred for these licenses, the NRC does not have fewer than 35 employees reduces the impact on small entities. At the same time, since FY 1991, the NRC re-analyzed its anticipate that the part 170 export fees will these reduced annual fees are consistent with maximum small entity annual fees in FY have a significant impact on a substantial the objectives of OBRA–90. Thus, the fees for 2000 and determined that the small entity number of small entities. Therefore, the NRC small entities maintain a balance between the fees should be increased by 25 percent to retained the $2,300 small entity annual fee objectives of OBRA–90 and the RFA. reflect the increase in the average fees paid and the $500 lower tier small entity annual In 2007, the NRC revised its receipts-based by other materials licensees since FY 1991, fee for FY 2007, and FY 2008. size standards (72 FR 44951; August 10, as well as changes in the fee structure for The NRC conducted an in-depth biennial 2007) to conform with the Small Business materials licensees. The structure of fees NRC review of the FY 2009 small entity fees. The Agency standards. The maximum average charged its materials licensees changed review noted significant changes between FY gross annual receipts (upper tier) to qualify during the period between 1991 and 1999. 2000 and FY 2008 in both the external and as a small entity were changed to $6.5 Costs for materials license inspections, internal environment which impacted fees million from $5 million. The NRC is now renewals, and amendments, which were for NRC’s small materials users licensees. proposing to revise the small entity lower tier previously recovered through part 170 fees Since FY 2000 small entity licensees in the receipts-based threshold to $450,000 from for services, are now included in the part 171 upper tier have increased approximately 53 $350,000 approximately the same percentage annual fees assessed to materials licensees. percent. In addition, due to changes in the adjustment as the change in the upper tier Because of the 25 percent increase, in FY law, NRC is now only required to recover 90 receipts-based standard. 2000 the maximum small entity annual fee percent of its budget authority compared to increased from $1,800 to $2,300. However, 100 percent recovery required in FY 2000. ATTACHMENT 1 TO APPENDIX A— despite the increase, total fees for many small This ten percent fee relief has influenced the U.S. Nuclear Regulatory Commission entities were reduced because they no longer small materials users’ annual fees. A decrease Small Entity Compliance Guide; Fiscal paid part 170 fees. Costs not recovered from in the NRC’s budget allocation to the small Year 2009 small entities were allocated to other materials users has also influenced annual materials licensees and to power reactors. fees in the last two years. Based on the Contents While reducing the impact on many small review, the NRC will change the small entity Introduction entities, the NRC determined that the fee for FY 2009 and establish a new NRC Definition of Small Entity maximum annual fee of $2,300 for small methodology for reviewing small entity fees. NRC Small Entity Fees entities could continue to have a significant The NRC will now determine the maximum Instructions for Completing NRC Form 526 impact on materials licensees with relatively small entity fee each biennial year using a low annual gross receipts. Therefore, the fixed percentage of 39 percent applied to the Introduction NRC continued to provide the lower-tier prior two-year weighted average of small The Congressional Review Act requires all small entity annual fee for small entities with materials users fees for all fee categories Federal agencies to prepare a written guide relatively low gross annual receipts, which have small entity licensees. for each ‘‘major’’ final rule, as defined by the manufacturing concerns and for educational For FY 2009, these changes result in a Act. The NRC’s fee rule, published annually institutions not State or publicly supported maximum small entity fee of $1,900 and a to comply with the Omnibus Budget with fewer than 35 employees. The NRC also lower tier annual fee of $400. This new Reconciliation Act of 1990 (OBRA–90), as increased the lower tier small entity fee by methodology allows small entity licensees to amended, is considered a ‘‘major’’ rule under

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the Congressional Review Act. Therefore, in address indicated on the invoice. Failure to guidelines are provided, which are based on compliance with the law, this guide has been file the NRC small entity certification Form the Small Business Administration’s prepared to assist NRC materials licensees in 526 in a timely manner may result in the regulations (13 CFR part 121). complying with the FY 2009 fee rule. denial of any refund that might otherwise be (1) A small business concern is an Licensees may use this guide to determine due. independently owned and operated entity whether they qualify as a small entity under NRC Definition of Small Entity which is not considered dominant in its field NRC regulations and are eligible to pay of operations. reduced FY 2009 annual fees assessed under For purposes of compliance with its (2) The number of employees means the 10 CFR part 171. The NRC has established regulations (10 CFR 2.810), the NRC has two tiers of annual fees for those materials defined a small entity as follows: total number of employees in the parent licensees who qualify as small entities under (1) Small business—a for-profit concern company, any subsidiaries and/or affiliates, the NRC’s size standards. that provides a service, or a concern that is including both foreign and domestic Licensees who meet the NRC’s size not engaged in manufacturing, with average locations (i.e., not solely the number of standards for a small entity (listed in 10 CFR gross receipts of $6.5 million or less over its employees working for the licensee or 2.810) must submit a completed NRC Form last 3 completed fiscal years; conducting NRC licensed activities for the 526 ‘‘Certification of Small Entity Status for (2) Manufacturing industry—a company). the Purposes of Annual Fees Imposed under manufacturing concern with an average of (3) Gross annual receipts includes all 10 CFR Part 171’’ to qualify for the reduced 500 or fewer employees based on revenue received or accrued from any source, annual fee. This form can be accessed on the employment during each pay period for the including receipts of the parent company, NRC’s Web site at http://www.nrc.gov. The preceding 12 calendar months; any subsidiaries and/or affiliates, and form can then be accessed by selecting (3) Small organizations—a not-for-profit account for both foreign and domestic ‘‘Business with NRC,’’ then ‘‘NRC Forms,’’ organization that is independently owned locations. Receipts include all revenues from and operated and has annual gross receipts selecting NRC Form 526. For licensees who sales of products and services, interest, rent, cannot access the NRC’s Web site, NRC Form of $6.5 million or less; fees, and commissions, from whatever 526 may be obtained through the local point (4) Small governmental jurisdiction—a of contact listed in the NRC’s ‘‘Materials government of a city, county, town, sources derived (i.e., not solely receipts from Annual Fee Billing Handbook,’’ NUREG/BR– township, village, school district or special NRC licensed activities). 0238, which is enclosed with each annual fee district, with a population of fewer than (4) A licensee who is a subsidiary of a large billing. Alternatively, the form may be 50,000; entity, including a foreign entity, does not obtained by calling the fee staff at 301–415– (5) Small education institution—an qualify as a small entity. 7554, or by e-mailing the fee staff at educations institution supported by a NRC Small Entity Fees [email protected]. The completed form, qualifying small governmental jurisdiction, the appropriate small entity fee, and the or one that is not State or publicly supported In 10 CFR 171.16(c), the NRC has payment copy of the invoice should be and has 500 or fewer employees.1 established two tiers of fees for licensees that mailed to the U.S. Nuclear Regulatory To further assist licensees in determining qualify as a small entity under the NRC’s size Commission, License Fee Team, at the if they qualify as a small entity, the following standards. The fees are as follows:

Maximum annual fee per licensed category

Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): $450,000 to $6.5 million ...... $1,900 Less than $450,000 ...... 400 Small Not-For-Profit Organizations (Annual Gross Receipts): $450,000 to $6.5 million ...... 1,900 Less than $450,000 ...... 400 Manufacturing entities that have an average of 500 employees or fewer: 35 to 500 employees ...... 1,900 Fewer than 35 employees ...... 400 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 ...... 1,900 Fewer than 20,000 ...... 400 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 35 to 500 employees ...... 1,900 Fewer than 35 employees ...... 400

Instructions for Completing NRC Small billing purposes on the payment copy of the a firm’s size includes the employees or Entity Form 526 invoice—include contact’s name, telephone receipts of all affiliates. Affiliation with 1. Complete all items on NRC Form 526 as number, e-mail address, and company Web another concern is based on the power to follows: (Note: Incomplete or improperly site address. Correcting the name and/or control, whether exercised or not. Such completed forms will be returned as address on NRC Form 526 or on the invoice factors as common ownership, common unacceptable.) does not constitute a request to amend the management and identity of interest (often (a) Enter the license number and invoice license. found in members of the same family), (d) Check the appropriate size standard number exactly as they appear on the annual among others, are indications of affiliation. fee invoice. under which the licensee qualifies as a small The affiliated business concerns need not be (b) Enter the North American Industry entity. Check one box only. Note the Classification System (NAICS). following: in the same line of business. (c) Enter the licensee’s name and address (i) A licensee who is a subsidiary of a large (ii) Gross annual receipts, as used in the exactly as they appear on the invoice. entity, including foreign entities, does not size standards, include all revenue received Annotate name and/or address changes for qualify as a small entity. The calculation of or accrued by your company from all sources,

1 An educational institution referred to in the size nationally recognized accrediting agency or provides an educational program for which it standards is an entity whose primary function is association, who is legally authorized to provide a awards academic degrees, and whose education education, whose programs are accredited by a program of organized instruction or study, who programs are available to the public.

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regardless of the form of the revenue and not payment and the ‘‘Payment Copy’’ of the Because a licensee’s ‘‘size,’’ or the size solely receipts from licensed activities. invoice to the address shown on the invoice. standards, may change from year to year, the (iii) NRC’s size standards on a small entity 5. 10 CFR 171.16(c)(3) states licensees shall invoice reflects the full fee and licensees are based on the Small Business submit a new certification with its annual fee must complete and return NRC Form 526 for Administration’s regulations (13 CFR part payment each year. Failure to submit NRC the fee to be reduced to the small entity fee 121). Form 526 at the time the annual fee is paid amount. LICENSEES WILL NOT RECEIVE A (iv) The size standards apply to the will require the licensee to pay the full NEW INVOICE FOR THE REDUCED licensee, not to the individual authorized amount of the invoice. AMOUNT. The completed NRC Form 526, users who may be listed in the license. The NRC sends invoices to its licensees for the payment of the appropriate small entity 2. If the invoice states the ‘‘Amount Billed the full annual fee, even though some fee, and the ‘‘Payment Copy’’ of the invoice licensees qualify for reduced fees as small Represents 50% Proration,’’ the amount due should be mailed to the U.S. Nuclear entities. Licensees who qualify as small is not the prorated amount shown on the Regulatory Commission, License Fee Team at entities and file NRC Form 526, which invoice but rather one-half of the maximum the address indicated on the invoice. certifies eligibility for small entity fees, may If you have questions regarding the NRC’s small entity annual fee shown on NRC Form pay the reduced fee, which is either $1,900 526 for the size standard under which the annual fees, please contact the license fee or $400 for a full year, depending on the size staff at 301–415–7554, e-mail the fee staff at licensee qualifies (either $950 or $200) for of the entity, for each fee category shown on each category billed. [email protected], or write to the U.S. the invoice. Licensees granted a license Nuclear Regulatory Commission, 3. If the invoice amount is less than the during the first 6 months of the fiscal year, Washington, DC 20555–0001, Attention: reduced small entity annual fee shown on and licensees who file for termination or for Office of the Chief Financial Officer. this form, pay the amount on the invoice; a ‘‘possession only’’ license and permanently False certification of small entity status there is no further reduction. In this case, do cease licensed activities during the first 6 could result in civil sanctions being imposed not file NRC Form 526. However, if the months of the fiscal year, pay only 50 percent by the NRC under the Program Fraud Civil invoice amount is greater than the reduced of the annual fee for that year. Such invoices Remedies Act, 31 U.S.C. 3801 et seq. NRC’s small entity annual fee, file NRC Form 526 state that the ‘‘amount billed represents 50% implementing regulations are found at 10 and pay the amount applicable to the size proration.’’ CFR part 13. standard you checked on the form. Licensees must file a new small entity form 4. The completed NRC Form 526 must be (NRC Form 526) with the NRC each fiscal [FR Doc. E9–13425 Filed 6–9–09; 8:45 am] submitted with the required annual fee year to qualify for reduced fees in that year. BILLING CODE 7590–01–P

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Part IV

The President Proclamation 8387—Lesbian, Gay, Bisexual, and Transgender Pride Month, 2009 (Republication With Correction)

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Federal Register Presidential Documents Vol. 74, No. 110

Wednesday, June 10, 2009

Title 3— Proclamation 8387

The President Lesbian, Gay, Bisexual, And Transgender Pride Month, 2009

By the President of the United States of America

A Proclamation

[Editorial Note: Proclamation 8387, originally published on pages 26927– 26930 in the Federal Register of Thursday, June 4, 2009, is being reprinted with a White House correction.] Forty years ago, patrons and supporters of the Stonewall Inn in New York City resisted police harassment that had become all too common for members of the lesbian, gay, bisexual, and transgender (LGBT) community. Out of this resistance, the LGBT rights movement in America was born. During LGBT Pride Month, we commemorate the events of June 1969 and commit to achieving equal justice under law for LGBT Americans. LGBT Americans have made, and continue to make, great and lasting con- tributions that continue to strengthen the fabric of American society. There are many well-respected LGBT leaders in all professional fields, including the arts and business communities. LGBT Americans also mobilized the Nation to respond to the domestic HIV/AIDS epidemic and have played a vital role in broadening this country’s response to the HIV pandemic. Due in no small part to the determination and dedication of the LGBT rights movement, more LGBT Americans are living their lives openly today than ever before. I am proud to be the first President to appoint openly LGBT candidates to Senate-confirmed positions in the first 100 days of an Administration. These individuals embody the best qualities we seek in public servants, and across my Administration—in both the White House and the Federal agencies—openly LGBT employees are doing their jobs with distinction and professionalism. The LGBT rights movement has achieved great progress, but there is more work to be done. LGBT youth should feel safe to learn without the fear of harassment, and LGBT families and seniors should be allowed to live their lives with dignity and respect. My Administration has partnered with the LGBT community to advance a wide range of initiatives. At the international level, I have joined efforts at the United Nations to decriminalize homosexuality around the world. Here at home, I continue to support measures to bring the full spectrum of equal rights to LGBT Americans. These measures include enhancing hate crimes laws, supporting civil unions and Federal rights for LGBT couples, outlawing discrimination in the workplace, ensuring adoption rights, and ending the existing ‘‘Don’t Ask, Don’t Tell’’ policy in a way that strengthens our Armed Forces and our national security. We must also commit ourselves to fighting the HIV/AIDS epidemic by both reducing the number of HIV infections and providing care and support services to people living with HIV/AIDS across the United States. These issues affect not only the LGBT community, but also our entire Nation. As long as the promise of equality for all remains unfulfilled, all Americans are affected. If we can work together to advance the principles upon which our Nation was founded, every American will benefit. During LGBT Pride Month, I call upon the LGBT community, the Congress, and

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the American people to work together to promote equal rights for all, regard- less of sexual orientation or gender identity. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim June 2009 as Lesbian, Gay, Bisexual, and Transgender Pride Month. I call upon the people of the United States to turn back discrimination and prejudice everywhere it exists. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.

[FR Doc. E9–13819 Filed 6–9–09; 11:15 am] Billing code 3195–W9–P

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Reader Aids Federal Register Vol. 74, No. 110 Wednesday, June 10, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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. 10 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 72...... 26285, 27423 Proclamations: 170...... 27642 The United States Government Manual 741–6000 8387...... 26929 171...... 27642 8387 (Correction)...... 27677 Other Services Proposed Rules: 8388...... 26931 50...... 26303 Electronic and on-line services (voice) 741–6020 8389...... 27067 70...... 26814 Privacy Act Compilation 741–6064 8390...... 27069 72...... 26310, 27469 Public Laws Update Service (numbers, dates, etc.) 741–6043 Administrative Orders: TTY for the deaf-and-hard-of-hearing 741–6086 430...... 26816 Memorandums: 431...... 26596 Memo. of May 27, ELECTRONIC RESEARCH 2009 ...... 26277 12 CFR World Wide Web 5 CFR 225...... 26077, 26081 229...... 26515 Full text of the daily Federal Register, CFR and other publications Proposed Rules: is located at: http://www.gpoaccess.gov/nara/index.html 337...... 26516 894...... 26302 370...... 26521, 26941 Federal Register information and research tools, including Public 7 CFR Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 34...... 27386 l http://www.archives.gov/federal register 28...... 26771 208...... 27386 E-mail 301 ...... 26774, 27071, 27423 365...... 27386 319...... 26511 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 563...... 27386 457...... 26281 an open e-mail service that provides subscribers with a digital 610...... 27386 1467...... 26281 form of the Federal Register Table of Contents. The digital form 761...... 27386 of the Federal Register Table of Contents includes HTML and Proposed Rules: 1212...... 27470 PDF links to the full text of each document. 205...... 26591 1230...... 26989 319...... 27456 1770...... 26989 To join or leave, go to http://listserv.access.gpo.gov and select 352...... 27456 Online mailing list archives, FEDREGTOC-L, Join or leave the list 360...... 27456 13 CFR (or change settings); then follow the instructions. 361...... 27456 120...... 27243, 27426 PENS (Public Law Electronic Notification Service) is an e-mail 920...... 26806 service that notifies subscribers of recently enacted laws. 1205...... 26810 14 CFR 1209...... 26984 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 23...... 26777 1220...... 27467 and select Join or leave the list (or change settings); then follow 25...... 26946, 26948 the instructions. 8 CFR 34...... 26778 36...... 27076 FEDREGTOC-L and PENS are mailing lists only. We cannot 1...... 26933 respond to specific inquiries. 39...... 26288, 26291 100...... 26933 71 ...... 27076, 27077, 27078 Reference questions. Send questions and comments about the 103...... 26933 95...... 26779 Federal Register system to: [email protected] 204...... 26933 Proposed Rules: The Federal Register staff cannot interpret specific documents or 207...... 26933 23...... 26818 regulations. 208...... 26933 39 ...... 26312, 26315, 26317, 211...... 26933 Reminders. Effective January 1, 2009, the Reminders, including 26322, 26994, 27254, 27257, 212...... 26933 27260, 27474, 27476 Rules Going Into Effect and Comments Due Next Week, no longer 214...... 26514, 26933 appear in the Reader Aids section of the Federal Register. This 216...... 26933 16 CFR information can be found online at http://www.regulations.gov. 236...... 26933 1500...... 27248 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 244...... 26933 longer appears in the Federal Register. This information can be 245...... 26933 Proposed Rules: found online at http://bookstore.gpo.gov/. 248...... 26933 321...... 26118, 26130 264...... 26933 322...... 26118, 26130 274a...... 26514, 26933 FEDERAL REGISTER PAGES AND DATE, JUNE 17 CFR 301...... 26933 26077–26280...... 1 316...... 26933 211...... 27427 239...... 26782 26281–26510...... 2 320...... 26933 274...... 26782 26511–26770...... 3 322...... 26933 324...... 26933 26771–26932...... 4 327...... 26933 20 CFR 26933–27070...... 5 328...... 26933 Proposed Rules: 27071–27242...... 8 329...... 26933 617...... 27262 27243–27422...... 9 330...... 26933 618...... 27262 27423–27678...... 10 334...... 26933 665...... 27262 392...... 26933 671...... 27262

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21 CFR 100...... 27435 52 ...... 26098, 26099, 26103, 48 CFR 510...... 26951 110...... 27435 26525, 27442 2...... 26981 117 ...... 26087, 26293, 26294, 522...... 26951 62...... 27444 22...... 26981 26295, 26296, 26952, 27249, 180 ...... 26527, 26536, 26543, 524...... 26782 52...... 26981 27442 27447 546...... 26107 26 CFR 133...... 27435 300...... 26962 552...... 26107 135...... 27435 Proposed Rules: 1...... 27079, 27080 Proposed Rules: 20...... 27079, 27080 136...... 27435 51...... 27002 2...... 26646 25...... 27080 137...... 27435 52 ...... 26141, 26600, 27084 138...... 27435 62...... 27444 4...... 26646 Proposed Rules: 155...... 27435 12...... 26646 20...... 26597 63...... 26142, 27265 157...... 27435 93...... 27085 39...... 26646 28 CFR 161...... 27435 300...... 27003 52...... 26646 165 ...... 26087, 26089, 26297, Proposed Rules: 26782, 26785, 26786, 26954, 42 CFR 16...... 26598 27435 49 CFR 412...... 26546 29 CFR 166...... 27435 1...... 26981 Proposed Rules: Proposed Rules: 4001...... 27080 Proposed Rules: 100 ...... 26138, 26326, 27478 412...... 26600 4901...... 27080 387...... 27485 110...... 26328, 27000 541...... 27493 4902...... 27080 117...... 26820 44 CFR 30 CFR 165 ...... 26138, 26823, 27481 64...... 26569 65...... 26572, 26577 50 CFR Proposed Rules: 36 CFR Proposed Rules: 17...... 26488 74...... 27263 223...... 26091 67...... 26636, 26640 216...... 26580 31 CFR 261...... 26091 635...... 26110, 26803 45 CFR 285...... 27432 38 CFR 648 ...... 26589, 27251, 27252 681...... 26793 660...... 26983 356...... 26084 3...... 26956, 26958 665...... 27253 538...... 27433 4...... 26958 47 CFR 679...... 26804, 26805 Proposed Rules: 9...... 26788 103...... 26996 38...... 26092 73 ...... 26299, 26300, 26801, Proposed Rules: 26802, 27454 17 ...... 27004, 27266, 27271, 33 CFR 39 CFR 74...... 26300 27588 1...... 27435 20...... 26959 90...... 27455 300...... 26160 25...... 27435 3020...... 26789 400...... 26965 622 ...... 26170, 26171, 26827, 66...... 27435 Proposed Rules: 26829 70...... 27435 40 CFR 1...... 26329 635...... 26174 72...... 27435 51...... 26098 73...... 26826, 27484 679...... 26183, 27498

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The text of laws is not H.R. 131/P.L. 111–25 enacted public laws. To published in the Federal Ronald Reagan Centennial subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Commission Act (June 2, listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 2009; 123 Stat. 1767) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List May 27, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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